A twist on eminent domain: Taking farmland for wetlands

NJ Star Ledger ^ | Thursday, June 01, 2006 | JOHN WIHBEY

[beyondashadow]

The state will use eminent domain to seize more than 17 acres of a working farm in Washington Township to offset wetlands lost because of road projects miles away in Sussex County.

The township's mayor and county officials have questioned the plan to turn farmland into wetlands and have written letters to the state raising concerns in recent weeks.

Department of Transportation officials said they will take parts of Steven Linz's 154-acre Harvestone Farms on East Avenue in Morris County to compensate for destruction of wetlands during four road construction projects in Sussex County.

Washington Township Mayor Tracy Tobin said taking part of a working farm to offset road work many miles away is "strange." He said the area's strong farming heritage should be protected.

"The state has poured millions of dollars into farmland preservation," Tobin said. "Why in the Lord's name would they turn around and attack a working farm?"

[beyondashadow]

Spokeswoman Elaine Makatura said the DEP, which requires the creation of new wetlands when they are disturbed, gave DOT a permit to destroy wetlands in Sussex County. "Where the mitigation takes place is not the DEP's decision," she said.

More of the same from New Jersey...it's a wonder anyone still lives here.

[Renegade]

The guy losing the land should rent a bulldozer and ride it right through Makatura 's living room,.

[I still care]

They've been doing this in FL for years. Remember that guy Jesse, whose home was taken for the Everglades?

[patton]

Funny - the exactly the same thing is being done in the netherlands. A dike is being leveled, a farm flooded, to make up for loss of wetlands on a canal elsewhere.

Hmmmmm. Do we all live under EU control?

[saganite]

Not the same apparently. If the guy's house was taken for the Everglades then the land went to the everglades. Looks like in this case the land has nothing to do with the project at hand except it just happens to be handy. Why should this guy have his farm chopped up because some roadbuilder used land set aside for wetlands on a project miles away?

The Supreme Court has exposed every Americans property rights to the whim of whatever local jurisdiction they happen to be in for whatever hairbrained scheme they might cook up. One of the worst decisions in Supreme Court history.

[xcamel]

Never ends, does it?

[Doogle]

typical politics here in Jersey, in a few years they'll sell it to another developer just like the original deal.
Some sticky fingered politico's brother in law will make millions.....and the feeding binge continues at the pig farm known as Trenton

Doogle

[Ben Hecks]

I notice how the eco-nuts avoid the use of the correct word..........swamp.

[maine-iac7]

taking part of a working farm to offset road work many miles away is "strange."

the ruling by the SCOTUS giving the right of anyone to take anyones land for any reason is pure anarchy - total absence of law - it is a very slippery slope - a door that let's the lawless, the hustlers, to rush in from every direction.

This baby need to be put back in the box - quick

[palmer]

I created a wetlands, er swamp, on my property. It has already added value in terms of extra wildlife and storm water retention. But that is my choice and if someone else doesn't want to or wants to fill theirs in, I'll support their right to do that.

[Beagle8U]

If NJ wants to build a road in a swamp, fine do that.

But now the state was the one that caused the wetland loss, they can use state property to make up for it. There must be a park or something on a river that they can flood?

Perhaps a city or county park could be condemned and flooded, that way they would be stealing from ALL the voters, not just one!

If I lived in that State/county/city THAT is what I would try to get enforced as law, this crap would soon end!

[CindyDawg]

We need to get rid of eminent domain. Our government leaders can not be trusted to use it, for the purpose it was intended. They need to either buy, or go around.

[Beagle8U]

NJ.com uses the exact same on-line format as the on-line format for my little local paper in Michigan.

Its very easy to use the tools on that site to write op/ed articles and submit them there.

They could get some heartland opinion on this crappy decision that was made...lol

[sergeantdave]

The USSC already ruled in Dolan v Tigard that a state can't do this. This maneuver is monumental stupidity and arrogance in action.

First, the theft of the farmland totally violates the rough proportionality test.

Second, there's no nexus between state construction of a road and the man's farm.

And third, it's completely arbitrary and capricious, not to mention asinine.

The first federal court that sees this case will tell New Jersey to take a flying leap and give the man his land back. And NJ will probably get hit with an order to pay the man's legal costs, other "expenses" and get slammed with punitive judgement.

Idiots.

[AmericaUnited]

Thank you sarge for posting that. It made my night big time.

[nothingnew]

Hmmmmm. Do we all live under EU control?

No. This is more of a UN control...just wait till Billy Blow Job tries for the Sec. of the UN position, as our "elected officials" sleep in drug/alcohol induced stupors.

"Hey! I'mmmm richer than YOU are!".

Guess we just have to VOTE them all out. Yeah, that's the ticket!

Feh!

FMCDH(BITS)

[Miss Maam]

Ping.

[freepatriot32]

Rights, farms, environment ping.
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[freepatriot32]

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[nothingnew]

They need to either buy, or go around.

They do buy, at what they deem the going price....what is left out of the scenario is if the owners want to sell at any price. This "farmland for wetland" better not go through. It is an affront on any and all landowners.

Does anyone think the USSC will revisit "Kelo" soon? I mean, our new improved "conservative" USSC.

Nah, I didn't think so. By the time they do, if ever, it'll be kind of late for the poor sods who already lost their land, probably already dead and brokenhearted over losing everything they worked for (the "American Dream") won't it?

I know! Let's vote all these bastards out! Ha Ha Ha Ha!

BITS is coming.

FMCDH(BITS)