OLD OAK TRAIL by Joe Reynolds AH Environmental Commission Member

published Atlantic Highlands Herald 30 March 2006

EMINENT DOMAIN AS IT SHOULD BE USED IN ATLANTIC HIGHLANDS

It is rare that a small town has the opportunity to do something so important and highly praised that it will peak the attention of other people around the nation. Yet, that is exactly what might happen if the modest 1.2 square mile coastal community of Atlantic Highlands goes forward on the long-planned acquisition of the Giuliani boat storage tract for a public park and recreational use.

Atlantic Highlands has the potential to show the nation that eminent domain in fact can be used for the public good. When used correctly, eminent domain can protect for public use important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values.

The approximately 6.5 acre Giuliani boat storage tract is located on the picturesque and inspiring shoreline of Sandy Hook Bay. There is currently an alarming plan in place by a giant, corporate developer to construct 34 townhouses and 46 multi-family houses on the tract.

There is no doubt in the minds of many people that this dense development will overwhelm the charming small town atmosphere of Atlantic Highlands with increased traffic, noise and light pollution, litter, and put added stress on roadways, parks, school-systems, fire and first-aid squads, water and sewer systems, and other public services. It will change the character of Atlantic Highlands from a friendly small town to an overcrowded uninviting location.

(The Giuliani tract and Many Mind Creek that borders the tract on either side is an important seasonal feeding area for many coastal birds, such as this Snowy Egret feeding near the creek last summer.)

New development on the Giuliani tract will put an end to one of the most popular and scenic areas in Atlantic Highlands. The surrounding area is a favorite gathering place. It provides ample space for many public recreational activities such as fishing, kayaking, sunbathing, seining, tidepool exploration, bird-watching, collecting seashells, and sand castle building. Furthermore, boarding the Giuliani tract is the mouth of Many Mind Creek, a saltwater wetland, and a sandy dune ecosystem that provide important feeding areas to numerous types of marine life and birds that thrive in the natural habitat.

Atlantic Highlands has been striving to preserve green space along its shoreline by trying to purchase the Giuliani tract. For many years both Republican and Democrat elected officials in Atlantic Highlands have been talking with the property owner about purchasing the site for use as a public park, but to no avail. For various reasons, the property owner always said no to public recreation and the conservation of the land.

Yes, I know there has been a great deal of abuse of eminent domain. Indeed, due to the abuse, there is now a massive national debate about the issue. More than 30 state legislatures are considering limits on the power of local governments to condemn private property. Accounts exist of bulldozers destroying churches to build mini-malls, towns taking single-family homes to build mega-townhouses, and local politicians destroying people’s way of life in the name of economic development, urban renewal, or job creation. Undoubtedly we live in a time when government and big business are teaming up to condemn people's homes and businesses to replace them with shopping centers and mega-townhouses. I strongly believe that when our homes can be taken away whenever politicians decide some developer can use our property more effectively, then our property rights are rendered worthless.

Yet, in the case of Atlantic Highlands, not a single private developer will profit from the purchase of the Giuliani tract. The use of eminent domain to acquire the property will abuse no one. Not a single homeowner will be evicted. There are no houses on the land. The property owner will not be forced to sell as he already has a sale-option contract with a giant, corporate developer. Acquisition of the land is for public use, not private use. Many legal experts and social advocates agree that land acquisition for public open space and recreation is a public use for which the people should use eminent domain.

For Atlantic Highlands to acquire the Giuliani property by means of eminent domain, however, will be complicated, time consuming, and will require a strong commitment from everyone involved. Nevertheless, there is no time to lose, as property costs are getting higher each year, especially those along the water.

According to the NJ Constitution, private property can be taken for public use so long as there is just compensation. The judicial process will establish the price, but I presume it will not be cheap. Virtually every commercial property on the shoreline of the Bayshore region is under some kind of option or being talked about for some kind of townhouse development. With home prices continuing to accelerate, particularly in coastal communities, it will not be a bargain basement price.

Yet, financial pledges for the purchase have come from regional, state, county, sources, such as the Borough’s Harbor Commission, the NY-NJ Baykeeper, Monmouth County Freeholders, the NY-NJ Port Authority, and the State of New Jersey, Green Acres. As a result of this immense support no added local property taxes ought to be needed to acquire the property.

The use of eminent domain in Atlantic Highlands is a legitimate and a fair means of acquiring the property for public use. The coastline represents an essential component of a unique coastal and estuarine ecosystem in Atlantic Highlands and the backdrop for the community’s rich cultural heritage. Unfortunately, rapid sprawl and habitat fragmentation are reducing coastal access and the health of the bay. These trends jeopardize the very character of Atlantic Highlands. It is now important to accelerate the pace of coastal conservation while strong public support and notable financial opportunities are present for coastal land conservation efforts.

(Will we allow another large-scale development project to go forward on the Giuliani tract or will we insist on public open space and to keep the area in a natural state.)

By the time this article is published, you may have already been asked to sign a petition against the proposed development of the Giuliani tract. If not, then please sign your name. Petitions are being taken door to door by local volunteers, and may also be signed at local businesses on First Ave., including: Jaspan’s Hardware, the Calming Essence, the Atlantic Highlands Wellness Center, and Atlantic Bagel.

Everyone at this moment needs to urge the Mayor and Borough Council of Atlantic Highlands to move as soon as possible and to use all available means in a bipartisan effort to acquire the Giuliani tract for public use. We need to preserve the unique character of the shoreline of Atlantic Highlands and Sandy Hook Bay for the benefit of all people now in Atlantic Highlands and beyond.

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