The Coaster

By DON STINE

One of the top legal guns in the fight against eminent domain abuse in New Jersey has sided with Neptunes Old Corlies Avenue Preservation Alliance in supporting eminent domain to acquire an historic property approved for a commercial car wash.

What OCAPA is proposing is anything but abuse of the power of eminent domain; it is the proper and historic use of this essential government power to acquire property, to prevent improper development, to protect the character of a residential neighborhood, and to use the land as a public historic place, wrote Princeton-based attorney R. William Potter in an April 28 letter to the Neptune Township Committee.

Potter has been in the forefront of fighting eminent domain abuse in the state and personally organized the Stop Eminent Domain Abuse Coalition of New Jersey- a statewide organization opposing eminent domain abuse.

OCAPA has been leading the fight to preserve property at 1019 Old Corlies Avenue- a property that is located next to the oldest house in the township, dating back to the late 1700s.

A larger, Victorian-style house- the only such house in the neighborhood- was razed last year after the Board of Adjustment gave approval for a car wash/lubrication business to be built on the property.

OCAPA feels the business is an intrusion into an historic neighborhood and is requesting the governing body use eminent domain to acquire the property and find means to fund its purchase. The proposed use for the site, if acquired, is for a museum/educational facility.

The Old Corlies Avenue area, also known as the Hamilton section, is the oldest neighborhood in the township, predating even Victorian Ocean Grove.

Put bluntly, this is a classic example of when eminent domain should be used to protect the public interest, Potter wrote.

The Potter and Dickson law firm frequently represents property owners and sometimes entire communities against eminent domain abuse.

In my professional opinion, the request to acquire the 1019 property is not eminent domain abuse. Instead it is a totally proper acquisition of property that may otherwise be improperly developed- to the detriment of the entire community- for the purpose of preserving the historic character of the property and the neighborhood, Potter wrote.

Potter said eminent domain abuse typically occurs when a municipality seeks to condemn private property because it is deemed to be underutilized and as not productive as it could be if turned over to a designated redeveloper.

It is entirely proper for government to use eminent domain to preserve property for the express public use of that property, paying just compensation for that privilege, Potter wrote.

In a statement read to the Township Committee, Melissa Pyle, an OCAPA organizer, said that although the old 1019 Victorian house is gone, the neighborhood still has its tree
s that buffer noise from nearby Route 33.

OCAPA wants these trees to remain and the property purchased by the township for public use, consistent with the character of the historic Hamilton neighborhood, under their power of eminent domain, Pyle said.

Pyle cited the townships acquisition of the old Tides Motel and the Bradley Park School property as examples where eminent domain has been properly used in the past.

OCAPAs vision for that property is that it be used ultimately as a public building with historic dcor for use as a museum and historic library, representing the birthplace of the township, she said.

OCAPA has been circulating a petition, which has garnered more than 200 signatures, urging eminent domain powers be used to acquire the property. Some people have been reluctant, however, to sign the petition because of the controversial eminent domain issues in New Jersey.

One person who radically changed her mind Monday night and signed the petition was vocal anti-eminent domain advocate Dorothy Argyros, who signed the petition after Potters letter was read to the governing body.

In 2004 Argyros property at the corner of Route 35 and Tenth Avenue was seized by eminent domain to widen the highway.

Actually I was an advocate against eminent domain abuse even before that, she said.

As far as signing the petition, Argyros said she cant tell other people what to do.

I act for myself and what other people do is there business (regarding the petition), she said.

I really dont see any problem with it. It is a thing to be desired- to preserve the property, she said.

Argyros said there is the proper use of eminent domain and then improper uses.

There is a lot of eminent domain abuse but if it is used for the benefit of the public, even though it may hurt a private developer- that is the proper use. I am opposed to eminent domain when it is used for profit, she said.

Joyce Pyle, who owns the oldest house next to the proposed car wash site, said the original plans for the creation of Ocean Grove were created in the Hamilton section, which had a strong Methodist presence.

She said many homes in the Hamilton area should receive historic preservation status and township residents need to be more aware of their people and history.

We are trying to look at ways that help, Pyle said.
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