As everyone knows by now, Long Branch is trying to use eminent domain to seize its beautiful

MTOTSA neighborhood and turn the beachfront land over to private developers so they can make millions building upscale condos for the wealthy.

The City Council has rightfully come under withering criticism for the blatant unfairness (not to mention the unconstitutionality) of its effort to force 93-year-old retirees like Al Viviano out of their homes to make way for Manhattan yuppies.

Trying to deflect criticism, the city, both in public and now even in court, has been arguing that it could not save MTOTSA even if it wanted to because it long ago signed contracts with the private developers promising to use eminent domain.

This is an incorrect statement of the law. For more than a century, the U.S. Supreme Court and every other court in the land have made it clear that eminent domain is a fundamental power of government.

This means that no government - whether it is the United States of America or little old Long Branch - can be forced by a contract to use eminent domain against its will. Just last summer, for example, a federal court in Hawaii rejected private parties who were trying to force Honolulu to honor a contract obligating it to use eminent domain for their benefit. The federal court ruled that Honolulu had the authority to renounce its promise to use eminent domain once it decided that seizing the property was no longer in the public interest.

Today, the Long Branch City Council could - if it has the courage - pass an ordinance repudiating its promise to use eminent domain against the MTOTSA homeowners.

There is nothing the private developers could do. They could not sue Long Branch to force it to use eminent domain and they could not sue for money damages. This whole nightmare for the homeowners would be over. It is vital for the people of Long Branch to understand that what matters is the decision that their leaders make today, not a contract they signed years ago.

The Mayor and the City Council have the power under the law to make things right and let the MTOTSA homeowners remain part of Long Branch.

They should not be allowed to forget this and they should not be telling the public or the court otherwise.

Jeff Rowes

attorney

Institute for Justice

Washington, D.C.

Editor's Note: IJ is leading the nationwide fight against eminent domain abuse. For more information, visit www.ij.org.

Vote for Schneider, vote for continued progress

On Tuesday, May 9, the citizens of Long Branch will have a chance to make a statement about the future of our city, whether to continue down the path of revitalization, economic stability, and opportunity for all, or return to the days of stagnation, higher taxes and uncertainty.

For the past 12 years, Mayor Adam Schneider and his team of council members have provided the city with a vision for long-term success and viability in all aspects of city life.

In the areas of recreation, public safety, public works, affordable housing, taxes, and local employment, the overall quality of life issues affecting every citizen in Long Branch today, Mayor Schneider and the City Council have improved the city's record in every one of these areas.

Since they have taken office, there are more parks for families to enjoy; more police officers to fight crime; an efficient waste management program to remove garbage, leaves, snow and recyclable items; more affordable housing; a stable tax rate; universal access to our public beaches and more private sector jobs created in the city than at any other time in recent memory.

In addition, the City Council has partnered with the business and public service groups, the religious community, the public and private school systems, and county and state officials in a continuing effort to make Long Branch one of the most attractive municipalities in the state for people to live, work, maintain a business, raise a family, and send their children to school.

The Schneider Team's impeccable record of success speaks for itself, and yet their opponents in this election will have you believe that these issues are not important and that change would be good for Long Branch this time around.

Who are they kidding.

These candidates are relying on the voters to forget all of the wonderful changes that the city has undergone during the last dozen years just for the sake of bringing new people to city hall. Most all of them have not even announced a comprehensive plan (or even a partial plan, for that matter) on how to make the city a better place since announcing their candidacies.

Moreover, what would they do if they were to get into office? I believe that their ultimate goal is to derail the city's revitalization plan, which would raise property taxes and drive out homeowners who could no longer afford to live here. Doing so would once again begin the cycle of bad economic times, apathy and fiscal mismanagement that the city of Long Branch can not afford to go through again nor should its citizens accept.

On Election Day, I ask that you see through the political rhetoric and cast your vote for our mayor, Adam Schneider, and his team of council members - David Brown, Dr. Mary Jane Celli, Michael DeStefano, Anthony Giordano, and John "Fazz" Zambrano.

Your vote for the Schneider Team will ensure continued progress in the city of Long Branch, long-term economic stability, the best quality of life possible and opportunity for all.

Kevin Cieri

Long Branch

Taking of property has happened before in history

I wanted to share with the public what I was told when the mayor of Long Branch threatened to take my home by eminent domain. Get a lawyer, he told me, and accept the very low appraisal on my beautiful oceanfront home.

It did not matter to him that I had paid taxes on my beautiful home, my children have grown up here, and now, my elderly parents are residing with me in the twilight of their life.

He doesn't care that I pay my taxes and may want to enjoy my life, my family and my job here.

I'm told to get out so that the developer can put up townhomes on my property and my neighbors' property and the entire block. The mayor wants to remove us all.

My parents reminded me that this is something that happened to them many years ago when the government took their property and businesses and forced them to leave their homeland against their will.

I looked out at the ocean this morning and vowed that I will vote for the candidate for mayor that will protect me and my property rights: Alfie {Lenkiewicz} and the New Wave Team.

We cannot let this happen again and must prevent history from repeating itself at any cost.

Sarah Cohn

Long Branch