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      Editorials November 20, 2008  RSS feed

      Eminent domain shattering couple's American dream

      Your Turn
      Guest Column • Denise Hoagland

      For the past 13-plus years, my husband and I have raised our three daughters in our Long Branch, beachfront home. Our American dream, however, has turned into an American nightmare at the hands of government run amok, and tragically, similar abuses of power are going on statewide.

      The city of Long Branch wants to bulldoze our home through eminent domain to make way for million-dollar condos and enrich a politically connected developer. We appealed our case to the New Jersey Supreme Court asking them to end this abuse once and for all, but the court refused to do that, sending us now back again to the trial court to start things over again. We'll be back in court this week.

      Unless you've lived through an experience like this — standing up to your local government — you have no idea of the daily indignities and outright (and often frightening) anger you face from those who think they should have the power to tell you where you can or cannot live. Having your home targeted by eminent domain creates 24/7 human suffering. Marriages suffer and some even fail under the strain. Children wake with nightmares of wrecking balls crushing them in their beds while they sleep. We live daily with the galling experience of "assessors" — other residents — standing in front of our homes and deciding for themselves whether we should be allowed to stay or must go. Each family lives in limbo, unsure of whether to make ordinary improvements to their homes for fear of investing in something that may soon be taken from them.

      And all because we don't think the government should have the power to kick us out of our homes just so other — richer — people can live on our land and enjoy our view.

      Everyone knows how unsettling it is to miss a single night's rest. Now imagine going six years without a good night's sleep because your mind can't help but think of having the home you love taken away from you. Worst of all, senior citizens in homes around me have gone to their deaths in fear and uncertainty due to the actions initiated by our mayor and city council. Our once lovely and safe neighborhood is now lonely and oppressed because of the actions of our city government.

      Our family could get in the car tomorrow, drive away and live happily ever after. But we are committed to change the law in New Jersey so this abuse won't happen to anybody else. Too many people have gone through this tremendous heartache. Eminent domain abuse is a disease that affects your entire life. It needs to end now.

      Currently in New Jersey alone there are more than 120 proposed eminent domain abuse projects, nearly all of which involve multiple properties. Five years ago, we launched a fight to stop this abuse which earned widespread public awareness across the state and created more knowledgeable constituents. But the legislature has lagged for three years doing virtually nothing to better secure property rights in the state. Forty-three states have reformed their laws to limit

      or stop this abuse altogether. New Jersey — one of the worst offenders — has not reformed its laws thereby leaving every homeowner vulnerable. In an Associated Press poll conducted in August of this year, 87 percent of respondents said government shouldn't have the power of eminent domain for redevelopment and 60 percent said they were opposed to the use of eminent domain for redevelopment even with fair market price for the property seized. That is yet another reason why the Long Branch case is so important.

      We did not choose to have this suffering cast upon us, but that was done by a mayor who calls our ouster a "sacrifice." Our lives are forever changed and we are still living a lengthy nightmare that won't go away anytime soon unless the state court acts. Our situation couldn't be clearer. A private developer wants land for private gain and is using the club of eminent domain to get it. In August, a state appeals court ruled that the city misused its power. The trial court should end this nightmare once and for all and let us keep what was rightfully ours from the beginning. It is time for the court to step up and do its job and finally end this madness.

      Denise Hoagland is from Long Branch