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Piscataway gets OK to condemn farmland
New Jersey Star-Ledger | December 3, 2002 | Patrick Jenkins

Posted on 12/07/2002 5:39:00 AM PST by sauropod

Piscataway gets OK to condemn farmland

December 3, 2002

By Patrick Jenkins, Star-Ledger Staff

pjenkins@starledger.com

732-634-3607

To submit a Letter to the Editor: eletters@starledger.com

The future of the Cornell Dairy Farm was decided yesterday when a state judge granted Piscataway the power to condemn property that has been at the center of a bitter, three-year legal battle between the Halper family and township officials.

Superior Court Assignment Judge Robert Longhi rejected arguments by Halper attorney John J. Reilly to dismiss the condemnation proceeding.

Longhi restated his ruling from June 2000 that Piscataway had a legitimate purpose in taking the 75-acre tract at South Washington Avenue and Metlars Lane, in the southeast section of the township.

Longhi said he would appoint three commissioners to determine the value of the farm, which has been in the Halper family for 80 years.

Although she said she expected the decision, family member Clara Halper was devastated.

"I felt it was decided before today, but it's still sad to see your home taken away," a tearful Halper said. "It's sad to see, in my lifetime, the erosion of our rights. Everything our relatives fought for have been taken away. They fought for freedom and they've been slapped in the face."

Halper said the family would appeal the ruling.

"Your home is supposed to be your castle, your safe haven," Halper said. "Now they've shown us we don't have any safe haven, we don't have any rights."

But Piscataway Mayor Brian Wahler said he thought the judge made the correct decision.

Wahler said the township would negotiate with the Halpers on the value of the farm.

"In fairness to the Halpers, the offer has to be reasonable. The last thing we want is that they are paid money that is not fair market value," he said.

The township initiated the condemnation proceedings in December 1999, with an offer of $4.3 million, based on appraisals at that time, Wahler said.

He said the property would be used for open space, most likely passive pursuits such as hiking trails. Active pursuits, such as basketball courts or soccer fields, are banned by the covenant covering the condemnation proceedings, Wahler said.

The condemnation was put on hold for nearly two years while the Halpers, with the township's support, applied for admission into the farmland preservation program.

The application died in August when the Halpers rejected an offer of slightly more than $3 million for the development rights for their farm, and the township restarted the condemnation.

Wahler said then and again yesterday that he did not understand why the Halpers rejected the offer since they could have kept the farm in perpetuity or, if they later decided to sell, could do so for market value to someone else who wanted to operate the farm.

The township began the condemnation proceedings after officials said they learned that the Halper family tried to sell the farm to a developer who was going to put up more than 100 homes. [Where is the PROOF of this hearsay?]

They said Piscataway could not handle the traffic nor afford the additional costs of schools and other services those additional homes would generate.

The Halpers have long denied they intended to sell the property for development, saying they want to continue to live there and operate it as a farm.

As the last operating farm in Piscataway, it features egg sales, horse and pony rides, a horseback riding academy, horse boarding and grazing and hay rides.

The Halpers also grow nursery stock, vegetables, fruits, flowers, shrubs, ornamentals and pumpkins and sell agricultural supplies.

Several Piscataway residents who support the Halpers were in court yesterday, including Dan and Nancy Swarbrick.

"We've been lifelong Democrats but we just voted Republican because of what the Piscataway Democrats are doing," said Nancy Swarbrick.

"People have a right to own property," she said. "They're stripping away the Constitution."

After Longhi issued his ruling, Dan Swarbrick yelled, "You soulless old man. You're stealing a family's home. This is not over."

Clara Halper said the only good thing she sees coming out of the whole proceeding is that a strong property rights movement is growing across the country and in New Jersey.

"We are joining to protect and preserve what our forefathers fought for -- the American Dream. This is not what the authors of the Constitution envisioned," she said.


TOPICS: Activism/Chapters; Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; News/Current Events; US: New Jersey
KEYWORDS: 4thamendment; billofrights; biofraud; constitution; constitutionlist; ecofascism; eminentdomain; fourthamendment; land; landgrab; machiavelli; mcgreevey; newjersey; nj; piscataway; privacylist; property; propertyrights; reuters; sikhtemplefire; sovereigntylist; sprint; whatconstitution
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To: Alberta's Child; sauropod; farmfriend; SierraWasp; newriverSister
Second..I fail to understand how this message has anything whatsoever to do with Clara?? Clara has owned her lands for over 80 years!!! So what is your point? She was under her own master plan!<p.

i am truly not trying to be a smart a**, but I don't understand you at all!
141 posted on 12/10/2002 11:58:55 AM PST by countrydummy
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To: Alberta's Child; sauropod; SierraWasp; newriverSister
And one other thing, what is wrong with owning land that uses a well and a septic system? I for one do, and as such am really glad! Why? Well for one, I don't have to pay outrageous water and sewer bills, my water is just fine, and I don't have to worry about any fool terrorist putting something in "my" water supply! And I am not bitching about my property value, cause I know it is worth more than a city lot cause I live in "Almost Heaven" in the woods along the river!!!!!!!! Where everybody that lives in a big city wishes they lived! Quess what by the way? I am poor! i don't have two nickles to rub together! My income is less than $30,000 a year!!!!!! But my land is mine, and I know it's value and I don't for any reason want to sell it for anything! This is my home and MY WAY OF LIFE!!!! I don't want any land management rules and regulations over my land, that I pay taxes on, I don't want any intrusions on my privacy and all i want is to be left the hell alone! Just like Clara!

Get off this "for the good of the all" idealization, it is pure poision! The destruction of the American dream! ok, so still, what does any of this have to do with Clara? Why does she have to lose her farm, land and home, because she "might" sell it to developers?

142 posted on 12/10/2002 12:15:14 PM PST by countrydummy
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To: countrydummy
The city is in Canada (Calgary), but I didn't specify it because my understanding is that the process they use is similar for any city that operates on an annexation system (I believe Phoenix fits this description).
143 posted on 12/10/2002 1:53:41 PM PST by Alberta's Child
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To: countrydummy
I fail to understand how this message has anything whatsoever to do with Clara?? Clara has owned her lands for over 80 years!!! So what is your point? She was under her own master plan!

That was exactly the point of my post. Clara would be in the same position as the farmer I used in my example. She can be "under her own master plan" for as long as she wants. Anyone who buys her land can be "under his own master plan" as long as he wants. What triggers the change in "controlling master plan" is an application by the land owner for a change in land use that requires a connection to the municipal water and sanitary sewer systems.

None of this would be an issue if every property owner dealt with his own water supply and sanitary sewer service. The whole purpose of a master plan is to maintain some level of control over the number of residents who are using a municipal water supply. If there were no such controls (and I'd be perfectly willing to accept a scenario like this), then poor Clara's farm would be worthless as anything other than a farm because nobody who builds 100 homes could ever pay the cost of providing water to those homes. If the municipality designs a trunk line for 1,000 homes, and someone wants to buy Clara's land to build 100 homes, then that developer would have to pay the entire cost of ripping out the "old" trunk line (which may have been in the ground for all of three years) and replacing it with one that is capable of delivering water to 1,100 people.

Which works just fine until the next developer needs an 1,150-home trunk line. And so the whole process starts all over again. I wouldn't mind having such a system in place, but you have to understand that the end result will be that everyone would have to live in a rural area except for those who can afford the $500,000 price tag for a very modest suburban home. Or everyone would live in a 400 square-foot apartment in a high-rise building made of cinder blocks, because that's the density that would be required to offset the enormous cost of delivering the water.

I'm glad to hear that you love your rural lifestyle so much (and I wish I could live that way myself!), but living in rural West Virginia has absolutely no relevance to the situation that is described here in the largest metropolitan area in the U.S.

144 posted on 12/10/2002 2:16:12 PM PST by Alberta's Child
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To: sauropod
The State thinks that all property ultimately belongs to them and they let us own it on suffrage.

The State does own the property. You are just renting it from them. Don't believe me-stop paying your property taxes-they'll foreclose on you in a heart beat.

145 posted on 12/10/2002 2:21:58 PM PST by MattinNJ
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To: Alberta's Child; farmfriend; sauropod; SierraWasp
no and no! you just don't get it do you? land owned in the US is land owned! Restrictions against such ownership is violations agains the Constitution itself!!!!!!

We have such a country based on these individual rights and must protect them! That means we need to get our heads out of the sand, and start enforcing these rights! You still did not answer the question, what North American city?

146 posted on 12/10/2002 2:50:09 PM PST by countrydummy
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To: Alberta's Child; sauropod; newriverSister
When are you all going to get your heads out of the sand?


Every day I sign on to Free Republic only to see responses aimed at articles that tell us we are losing our rights as a sovereign country. A dah!

We are doing so because we are not defending our Bill of Rights and our resulting Constitution! (Please read these before you post a comment). How then can anyone of us speak, if we are not defending these most precious documents??????

Yes we have the right to own personal private property and the right to bear arms to protect that property!

Case closed!

Sheila
147 posted on 12/10/2002 3:00:01 PM PST by countrydummy
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To: countrydummy
Uh, . . . see Post #143.

And I agree with you 100%. But we're pissing in the wind about that private property ownership until we tear up every public utility that has ever been constructed in this country.

THAT is my point.

148 posted on 12/10/2002 3:01:52 PM PST by Alberta's Child
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To: countrydummy
That's exactly what I meant way back on this thread when I pointed out that "private property rights" are easy to define when people live on 160 acres of land in rural areas, but they are not so easy to define in a nation of 280 million people. The more people you have in this country, the more opportunities you have for inherent conflicts about private property rights.

If we could all live on the banks of a river in West Virginia, then this wouldn't really be an issue. But we don't.

149 posted on 12/10/2002 3:05:30 PM PST by Alberta's Child
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To: Harleys Mom
ping (just a nonsense word that means "hey come read this').
150 posted on 12/10/2002 8:35:52 PM PST by farmfriend
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To: farmfriend
Property Rights is becoming an issue here in Ohio. It concerns me that we live in a free country but all of the sudden someone can take our land away - and call it comdemming (sound like communism instead). Green space issues drive me crazy! Here again this sound like a Darby Creek situation. Tree huggers can still hug trees on a working farm! It amazes me that there are people who believe that farming the land is a real problem. Those are the people who believe that Krogers or Piggly-Wiggly makes the bread! I feel like throwing in my Birkenstocks!
151 posted on 12/13/2002 11:11:29 AM PST by Harleys Mom
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To: sauropod; **New_Jersey; *Constitution List; *Privacy_list; *Sovereignty_list; *BillOfRights; ...
Property Rights, Bill of Rights Ping. Lose your land for a hiking trail?
152 posted on 02/19/2003 6:23:29 PM PST by Coleus (RU 486 Kills Babies)
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To: Coleus
Thanks for the ping & bttt
153 posted on 02/19/2003 6:34:37 PM PST by firewalk
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To: Coleus
There's a great Aussie film titled "The Castle" which is well worth renting and it has the line "It's just the vibe of the thing," . That line sums up exactly what's wrong with these government steamrollers.
154 posted on 02/19/2003 7:17:26 PM PST by Cagey
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To: sauropod
I live almost literally a stone's throw from the Halper farm. Beyond my sorrow over their loss of property rights, my greatest fear is that this is simply a ploy to develop the land given the WalMart, Loews, etc. that was recently put up right next to this property.
155 posted on 02/19/2003 9:38:53 PM PST by Question_Assumptions (``)
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To: Incorrigible
Thanks for the bump. Living in the Lake Nelson area, not only am I annoyed at what they are doing to the farm but given the WalMartLoewsOfficeDepotSportsAuthorityTGIFridays mall that they built next to the farm, I'm very worried about finding high denisty housing popping up there. As for "public use", I can't see how "hiking trails" would be better for the community than the horse farm and trails that are there now.
156 posted on 02/19/2003 10:02:27 PM PST by Question_Assumptions (``)
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To: sauropod; Coleus; Illbay
Unfortunately, a few of the lefty commies I worked with in NJ were behind this. (Actually, they were the 'useful idiots' with MS and PhD's that were being used to increase the property values of the land surrounding the farm in the name of all the 'open space' by the surrounding owners.) They thought it was a good idea. When I asked them what they thought about the people in MY neighborhood (very congested with illegals stacked like cordwood in tiny apts) at some point in the future voting THEIR property as 'commons' in the name of what's good for the people they laughed at me. It'll happen eventually. This is one of the goals of weakened property rights.
157 posted on 02/19/2003 10:04:19 PM PST by Black Agnes
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To: Question_Assumptions
Yep. Jack Morris is going to be one happy developer once the "green acres" transfer to some miscellaneous lots around Route 287 are complete and he's got a nice parcel of land to develop. Nice to have the township council in your back pocket.

Keep in mind that Mayer Wahler is the son-in-law of NJ State Senator Bob Smith. If you saw last week's Piscataway Review, you saw the letter from the former mayor Helen Merolla, the Democrat who started this whole thing to begin with. Now she thinks it's unfair.

What a joke!

Looking forward to shaking the dust of this town from my sandals!

158 posted on 02/19/2003 10:18:31 PM PST by Incorrigible
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To: Alberta's Child
I actually agree with a lot of what you say about the relationship between local government and property. But I live in Piscataway and my property is probably less than 500 feet from part of the farm in question and I frankly question whether the purpose is really open spaces or to eventually "ooops" let the property be developed. The first thing you need to realize is that they recently put a huge shopping center right across the street from the farm. Interested in open spaces? Ha! To top that off, the developers building on the same side of the street as the farm started ripping up trees adjacent to the farm before they had all of their permits. One recent editorial likened Piscataway's mayor to Ahab, going after the Moby Dick farm. My greatest personal fear in this whole thing is that in only a few years, I'll look out my back window and see either (A) another huge shopping center or (B) a high density housing project.

As for the Halpers, it's important to note how integral the farm is to the local area. People use it for horseback riding. Hiking? Yeah, right. The farm is in the middle of busy streets and hardly easy to get to on foot for most Piscataway residents. That area isn't designed for walking or biking. You'd be taking your life into your hands to do so.

The Halpers' reason for rejecting the farm preservation offer was that it was so restrictive that they wouldn't be able to repurpose parts of their farm even for other farming purposes, should the farm's economic change. From what I understand, they simply wanted to exempt part of the property to keep future options open. All of this wouldn't be a problem if Piscataway would stop their ticking clock of condemnation and simply try to find a satisfactory compromise with the Halpers that (A) keeps the farm a farm, (B) justly compensates the Halpers for the loss of the development value of the property, and (C) allows the Halpers some flexibility to repurpose parts of the farm for other farming uses. I get the impression from what I've read in the local papers that Piscataway is the problem, not the Halpers.

159 posted on 02/19/2003 10:34:12 PM PST by Question_Assumptions (``)
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To: Alberta's Child
See Incorrigible's post a few up from this one. The big danger here is in transferring the open spaces land from the farm (which is in a prime location) to some worthless land elsewhere in Piscataway, only to develop the farm the same way the surrounding land has been developed (the Walmart megaplex across from the farm wasn't there less than a decade ago). I've lived in this area for much of the last decade-and-a-half (Rutgers Piscataway, Highland Park, South Edison, now Piscataway near the farm) and I see no evidence that the real purpose here is the preservation of open spaces at all.
160 posted on 02/19/2003 10:39:48 PM PST by Question_Assumptions (``)
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