Opinion "...buy it ... don't steal it....."

freerider

Explorer
Jan 3, 2008
271
11
Pinion from this link http://www.thehammontonnews.com/apps/pbcs.dll/article?AID=/20090225/OPINION/902250330/1014/OPINION

Preserving open space is important. That is why we have supported every bond referendum dedicated to the purchase of land for this purpose. Worthy goals often cost money, and preserving precious open space is worthy of the cost.

However, we cannot understand how a governmental agency -- an unelected one at that -- can take it upon itself to simply downzone a person's property, turning it into mandated open or preserved space without compensating the property owner for the decreased value of the land.

The constitution is very clear when it states "nor shall private property be taken for public use, without just compensation."

If the land in question is worth preserving "for the public use," buy it ... don't steal it! This is the United States of America, after all.

http://www.thehammontonnews.com/apps/pbcs.dll/article?AID=/20090225/OPINION/902250330/1014/OPINION
 

PINEY MIKE

Explorer
Jan 30, 2009
707
25
Bamber Lake
Ahh.. good old eminent domain! You see, just compensation is never just. It's what the state of NJ feels is just, and well, we all know the politics of our great state (the country as well). How about the people a few years back that owned beach front property and homes in Long Branch, NJ. They were kicked out, given less than their home's value (its never "fair market value"), and had to find new living quarters. What went up in the place of these houses? Big condos with more residents to collect more tax revenue from. Tell me how the hell this is public use? This is just one example out of hundreds that have taken place in NJ over the last decade. I doubt this is what our forefathers had in mind when writing our constitution and adding the 5th amendment, but until its properly addressed, this problem will continue to haunt Americans.
 

Spung-Man

Piney
Jan 5, 2009
1,000
729
65
Richland, NJ
www.researchgate.net
Drill, baby drill in the Pinelands National Reserve

Twenty-years ago my property changed from 3.2-acre Rural Development to 30-acre Forestry zoning, which was OK by me since I was grandfathered by the Pinelands cultural exclusion. Our family members were considered traditional, long-term Pine Barrens residents. For legitimate Pinelands residents who arrived too late to qualify for this exclusion, a similar mechanism may be considered to address newcomers concerns. Many late arrivals came here for solitude, love this place, and potentially would be sympathetic to doing their part towards conservation.

For speculators, their legitimate losses in capital value potential within newly restricted zones should be matched in parity through surcharges levied on developers within growth, redevelopment, and expanded growth zones. Without remuneration we have geographic losers and gainers. Let’s not forget that land values will expand accordingly for developers who will now be given expanded building potential in Pinelands Towns, Villages, and Rural Development zones.

Watch for a jump in the number of government-facilitated Smart Growth projects where the big boys gobble up CMP-mandate limited economic potential at the expense of long-term local interests (see my earlier posts on Buena Borough and Township redevelopment). Once Pinelands prescriptions (building potentials) are used up, that’s all she wrote. For example Pinelands Villages are not allowed by law to double their pre-Pinelands Act building footprint. Once again we’re willing to forgo our children’s future for short-term gain.

Developers in new growth zones should not receive additional value, while rightful worth is being taken from others. Furthermore, what entitlement do redevelopers and Smart Growth projects have to public monies spent by communities courting their arrival? Clustering conveniently package parcels through zoning overlays, and publicly funded sewering, road improvements, and tax breaks tailored to entice large outside developers who have little interest in Pinelands matters. Given all their special treatment by politicians, we have a duty to demand from our governing bodies that developers use Pinelands land-use resources in more sustainable ways.
 
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