Eminent Domain Changes proposed

There is no "magic bullet" for private property owners fighting the government over eminent domain, but a bill re cently passed by the state Assembly and now before the Senate would at least level the playing field.

That was a key piece of encouragement related by attorney Mary Lou Delahanty and her husband R. Kevin McGrory, former city municipal court chief judge, to about a dozen residents who attended a discussion concerning eminent do main at the Trenton Meeting of Friends yesterday.

The discussion, co-sponsored by the Latino Community Land Trust and BOOST (Building Open Opportunity Structures Together), came just days after the city council voted to allow the administration to condemn portions or entire private properties for a South Ward project if a deal cannot be reached with the owners.

The ordinances adopted by the council are for properties on Centre and Lamberton streets needed for the balance of an 84-unit condo project proposed by K. Hovnanian for the Champale Redevelopment Area.

Delahanty said it is next to impossible under current legislation for a private property owner to fight condemnation action by a municipality. Delahanty said in her practice she has found it is better to focus resources on litigating the issue of fair market value rather than trying to fight a municipality on eminent domain.

Practical strategies for dealing with condemnation actions include not accepting a municipality's first offer, which may be lower than subsequent offers, she said.

Delahanty also advised property owners to get an appraiser to assist in the initial negotiations.
But McGrory pointed out that in most cases of condemnation and eminent domain, it is difficult for property owners to incur the cost of attorneys and appraisers while the condemning authority easily can afford such expert assistance.

McGrory said a bill that passed the state Assembly and is pending in the Senate would make a number of changes to the local redevelopment and housing laws.

One of the most important changes would be a shift in the burden of proof for designating an area as in need of redevelopment, he said. Current law gives the condemning party the benefit of the doubt. Those challenging a condemnation ordinance are required to prove it is arbitrary and unreasonable, which McGrory said is an exceedingly high burden of proof.

The bill also would change the type of compensation offered to a property owner from fair market value to replacement value. Delahanty said that is significant in a city such as Trenton with so many "depressed" properties. "You are giving someone the price it will take to have that structure again and that becomes a more fair process," said Delahanty. "People will be more protected."

Others changes include increased notice to people who re side in potential redevelopment areas about pertinent meetings and hearings.

Brief update on some of the items happening in North Arlington

As promised a brief update on what's been going on since the June 6th election;

The council has voted to get a special counsel to review the currently signed ENCAP deal

The law firm of CHASAN LEYNER & LAMPARELLO, PC of Secaucus has been choosen to perform this tasks. An appropiation for funds for the special counsel is currently underway.

Status of Porete Avenue property owners

16 of the companies on Porete Avenue have refused the offer made to them.

At the council meeting on the 17th. Mayor Pitman stated the he fully expected Encap to come back to the owners with a second offer.

Let it Go Mayor Pitman:

Mayor Pitman's continued insistence that eminent domain should be used to seize private property flies in the face of the voter's mandate which overwhelmingly rejected his candidacy for re-election on June 6th.

Mayor Pitman touts due-diligence reports that simply rubber stamp the notion that building 1,625 units of housing along some 75 acres of property is somehow a good idea for taxpayers. That using eminent domain to seize the property of North Arlington taxpayers makes sense.

Mayor Pitman is now a lame duck because he didn't protect the interests of the North Arlington homeowner. He has morphed into some cheerleader for a project the community does not want no matter how many times he claims he knows what's best for North Arlington.

What Mayor Pitman doesn't seem to comprehend is that his housing scheme has been rejected by the voters. That his backroom negotiations with EnCap which never included the governing body in a serious way have in fact backfired in his face!

Mayor Pitman's disdain for the electorate was exposed for all to see at the last council meeting when he opposed placing a referendum on the ballot vastly restricting the application of eminent domain. His opposition to the voters having a say is disturbing and troubling to me as a taxpayer and candidate for public office.

Since his defeat, Mr. Pitman has spent his time trying to undermine the wishes of the voters by playing obstructionist and opposing the hiring of an independent legal counsel to truly evaluate the deal he claims is so beneficial to North Arlington.Mr. Mayor, what are you afraid of? If the MOA as negotiated by you is in fact a good deal for taxpayers, why are you opposed to a third-party evaluating your proposal?

Not only is Mr. Pitman a poor loser, but he continues to ignore the voter's wishes by pushing something nobody seems to support except for himself and his legal counsel.

As we enter the fall campaign, Mr. Pitman seems determined to play some role in a contest that has already eliminated him from the competition. He openly meets with the Republican candidates for council and has no interest in stepping aside and serving the remainder of his term with the dignity and professionalism the office of mayor deserves.

I fully expect my opponents in this race to embrace EnCap, eminent domain and the construction of low income housing. Like Pitman, the opposition would rather disagree for the sake of disagreeing than listen to the calls of the homeowner who are petrified by thought of this project and the consequences that come with urbanizing the Borough of North Arlington.

Fighting Eminent Domain

The borough of North Arlington has spoken loud and clear. This is our home. The peoples support for Pete Massa, Sal Dibalsi and Al Granell sets forth a clear mandate to all that are listening.

NO EMINENT DOMAIN ABUSE in North Arlington will be tolerated. If the elected officials do not support that stance. New ones that do will be put in their place.

Thank You North Arlington for setting a standard that all other towns can follow.

Thanks Again Albert Granell

For more information. please log onto www.natoday.net

Running for Council in North Arlington

Hello Folks,

As you are probably aware. I'm running for a council spot in town. I'm running with Sal DiBlasi owner of Cobra Construction and co-founder of the North Arlington Property Right Coalition and Councilman Pete Massa. To all of you who have supported my family before. I ask you to support me in this run to put Eminent Domain and Encap to rest in North Arlington. Thanks Again to all of you.



NORTH ARLINGTON - Big promises and little detail best describes the political mailing sent to homeowners this week by the Pitman ticket as the race for mayor begins to heat-up in North Arlington.Paid for by the committee to re-elect The Pitman Team, the incumbents talk about the perceived benefits of the Encap agreement without ever mentioning the words Encap or Arlington Valley."The drop in the Mayor's poll numbers are directly reflected in his support of EnCap, eminent domain and random development. It's no accident that he would not refer to the very plan North Arlington homeowners overwhelmingly oppose.

North Arlington voters have lost trust in this incumbent who refuses to acknowledge the sentiment against EnCap and the usage of eminent domain to make this project a reality," said Massa Campaign Manager Steve Tanelli, a borough councilman."North Arlington is alarmed - and rightly so - because Mayor Pitman continues to operate in a vacuum where dissent and discussion have no place in the construction of legitimate public policy," noted Tanelli."

Mayor Pitman said the devil was in the details when it came to EnCap and Arlington Valley. When is he going to share those details with the voters?" questioned Councilman Peter Massa, who is challenging Pitman in the June 6th Democratic Primary."How can you make irresponsible statements about cutting taxes 35% when spending is set to increase because of this very proposal? Why not claim taxes are going to decrease 50% or 100%? These remarks lack any credibility and that's why I want to debate Mayor Pitman so the voters can see for themselves how reckless this course of action has become," said Massa."Mayor Pitman is disguising his Low Income Housing plan as something for seniors and middle income residents. He then insults the rest of the community by inferring that some homes in the borough are neither clean or safe. In the eyes of the Pitman Team, all of North Arlington must be some blighted, deteriorated slum. When you have a sitting councilman refer to the community as "an armpit," I think we need a change of leadership," observed Massa.

Massa and his running-mates Al Granell & Sal DiBlasi dismissed Pitman's pie-in-the-sky rhetoric."The Mayor will say anything to get re-elected. This is bait and switch salesmanship at it's worse.

What is North Arlington's financial obligation when it comes to schools, roads and public safety?

Why won't the Mayor admit that eminent domain will be used to seize private property?

Why won't the incumbent explain to voters that 40% of all property tax revenues will go to EnCap and not North Arlington?

Why didn't Mayor Pitman negotiate school impact fees paid directly to the Board of Education? Cost is word Mayor Pitman is avoiding at all costs," observed council candidate Al Granell."We have a Mayor who simply doesn't trust the people he claims to represent. He refuses to place a referendum on the ballot. He refuses any public input as it applies to his back-room MOA. His Advisory Committee is such a sham and a phony that one of the borough's finest citizens resigned in disgust. This is a Mayor who had a sitting councilman removed from a public press conference.

North Arlington has one opportunity to change the course of the community and that day is June 6th," said candidate Sal DiBlasi.

The Massa campaign was not surprised by the level of "hyped rhetoric" coming from the Pitman camp."They have no choice but to put the best face on a very flawed project. This election is a referendum on his handling and negotiation of EnCap. Droves of former supporters like myself have deserted his campaign. His closest supporters have left in disgust. EnCap is the single worst public policy initiative in the history of North Arlington and the only people who don't see it that way are the three incumbents," observed Massa.

As promised. A letter I received from the developer today. To those people that live 201 feet away. Here is the letter. Thanks to all of you.

Special Planning Board Meeting

Sign the petition
http://www.stopencapnow.com/newsletter.htmler.html

Another link to Eminent domain bills. A good person on the nj.com forum provided this link info.
http://www.njleg.state.nj.us/bills/BillsByKeyword.asp


Looks like there is a Special planning board meeting on Wednesday the 29th at 7:00 pm.
Agenda for Special Planning Board meeting

* - Agenda is subject to change for matters not known at the time of this printing.
This always make me nervous when they say this.

Application One

Meadowlands development commission
RE: Subdivision of BCUA Transfer station
Property:
Decision:

Application Two
436 Ridge Road
RE: “Site Plan Review” proposed
Courtyard fencing in front of building.
Decision:

I believe this is the COAH item Mr Marinello was speaking about last meeting. This is also posted at borough hall. It ‘s to long to post here. Almost 9 pages.

Ordinance NO:1958

Whereas, the Mayor and Council of the borough of North Arlington are required by the
“Council on Affordable Housing”, to implement mandatory development fees to be used as required by law for providing low and moderate income housing.

Canceled Meeting

First of all. I just want to say "Thank You" to all the people who have supported my family. Your support has been fantastic. You are the reason why the meeting was cancelled.

People can say what they want. But I believe certain developers, hair dressers and politicians wanted no part of borough hall being full of citizens and the media asking hard questions. But this fight is far from over. Eminent Domain will probably be used across the street from me 601-624 ridge road. I guess that is where Palumbo, Sanborn's and the Capodagli builders will target next.

That simply means the process that our borough has to use Eminent Domain has to be stopped. We have to fight Eminent Domain anywhere in the borough. Nobody has the right to take your property from you and hand it over to a developer. We are all still targets.

Here is the latest letter. This one is actually from the borough of North Arlington.