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ATLANTIC HIGHLANDS MUST OPPOSE USE OF EMINENT DOMAIN UNDER ANY CIRCUMSTANCES

Editor:

There has been much said the past few weeks here in our community about the prospect of obtaining the Giuliani property through the process of eminent domain. Let us take a time out and look at the FACTS regarding this process and the impact it would have on our community in the years to come.

FACT- Contrary to the public ranting by Mayor Peter Donoghue, I, Like many other concerned citizens of our beloved community in no way, shape, or form would like to see the development of town houses or condominium units built on either the McConnell or Giuliani tracts.

FACT- For more than 30 years there have been a number of instances where the community has called for the acquisition of both the McConnell and Giuliani tracts on our borough's Westside. The latest drum beat is nothing new. What one finds is that those who have advocated such a position in the past have long packed up moved out of our beloved community leaving those who care about Atlantic Highlands to pick up the pieces. All too often there are those whom moved to Atlantic Highlands- stay 15 or 20 years- then move on to another community. These people may serve on the local Recreation Committee, Garden Club, or Board of Education, but then move on leaving the dedicated citizens of Atlantic Highlands to fix their wrongs. I, as many other dedicated residents of Atlantic Highlands wonder if the present advocates of eminent domain will still be here 15 to 20 years from now? I sincerely doubt it.

FACT- During the 1960's and the 1970's the Democratic administration of Mayor James Snyder embarked on a program they called "urban renewal." While I have a tremendous amount of respect for the late former Mayor Snyder, the residents of Atlantic Highlands were sold a bill of goods with the urban renewal agenda. Residents at that time were told that a park was needed on First Avenue and the community needed a new municipal building. At first the proposals seemed good. However, as we all know the devil is always in the details and as we learn all too often is that the details are not always pleasant. Under the Snyder urban renewal program, which was supported by Donoghue, countless businesses were taken by eminent domain along First Avenue. Gone were landmarks such as Lynch's Department store, Whealen's Drugs and Soda Fountain, the Green Door Tavern and Cafe, Woodhaven's Florist, the offices of the Atlantic Highlands Journal, Cholly's Luncheonette, the fresh produce store on the corner of East Mount and First Avenues, the Zictners law offices and
several other homes and businesses along First Avenue and West Highland Avenues.

FACT- The Snyder program of urban renewal through eminent domain had caused many deep wounds which are still evident to this day. The current advocates for the use of eminent domain on the Giuliani tract claim that by using eminent domain to take this hardworking family's property would "abuse" no one. This is not true. There is presently a boat storage business housed on the property. Have these same advocates taken into consideration that the borough would also have to compensate the Giuliani family for the loss of business income as well for the cost of their property?

FACT- The current force behind the use of eminent domain to acquire the Giuliani tract is Paul Boyd, the current chair of the Atlantic Highlands Environmental Commission. The reality, my friends, is that Boyd has been allowed by the present mayor to operate a shadow government out of our borough hall which is accountable to no one. Boyd has been making his way around the community sharing his calculations with only "certain" members of our community on how much the Giuliani acquisition would cost and the funding resources for it. If Boyd feels that eminent domain is a beneficial tool to obtain the Giuliani property, then why doesn't he share his figures with everyone in the community? Boyd claims that the lion's share of the funding to purchase the Giuliani tract will come from state funding sources. If that is true then how can Boyd explain the fact that New York Governor George Pataki and former New Jersey Governor Dick Cody both issued an executive order last year which stating that Port Authority of New York and New Jersey funding cannot be used to obtain property through eminent domain or through condemnation proceedings. I understand that former Governor Cody extended the same order to all state agencies.

FACT- To this day Boyd, Donoghue and Stephanie Ladiana have refused to inform the good and hardworking citizens of Atlantic Highlands just how much their eminent domain proposals will cost. Should the governing body ever vote to use eminent domain the entire matter then goes before a judge and it is the judge to decide how much the borough must pay for the property. If the judge rules that the borough must pay nine million dollars for the property and Atlantic Highlands was only able to secure six million dollars from their respective funding sources- then where does the additional three million dollars come from? I will tell you where it will come from. It will come out of the pockets of the hardworking financially strapped working families and the over burdened taxed senior citizens of our beloved community.

FACT- During the 2003 election which swept Donoghue, Ladiana and Carl Nolan into office the voters of Atlantic Highlands made their voices heard loud and clear that they were unhappy with the hundreds of thousands of dollars in legal fees that were being spent on fighting the Gate Cottage housing development on Highway #36. They were also unhappy with the prospect of harbor expansion. In response Donoghue, Ladiana and Nolan promised the voters of Atlantic Highlands that there would be a referendum prior to any harbor expansion. Donoghue and his minions are planning to use harbor funds to annex the Giuliani property to the harbor? Why has there been no referendum?? Is there one planned for the future?? Just because Paul Boyd is opposed to such referendum does not mean that is does not have to take place. This was a campaign promise and the citizens of Atlantic Highlands expect it to be honored.

FACT- Paul Boyd has gone throughout our community proclaiming that there is such a thing as "good eminent domain and "bad eminent domain." He claims that taking the Giuliani property through eminent domain is "good eminent domain." That may be Boyd's take on the process. But, my friends, there is no such thing as "good eminent domain." Eminent domain is a very nasty and dirty process. It tears communities apart. It could take up to ten years to settle the matter in the courts and the legal fees spent during the process could amount into the millions of dollars.
If the borough should lose the eminent domain case the taxpayer's of Atlantic Highlands would be forced to pay the legal fees for both the Giuliani family and for Hovnanian. This is something that Boyd and his elite associates fail to tell the citizens.

FACT- There seems to be much confusion surrounding the petition drive which is being conducted by associates of Boyd. They approach citizens by asking them to sign the document to register their opposition to the Hovnanian plans for building 80 condo units on the Giuliani property.
Like myself, many of these signatores are opposed to this development. However, many of these citizens thought that they were signing the document for the sole purpose of opposing the development- not to advocate the use of eminent domain, Unfortunately this is what happens when people don't take the time to read what is exactly stated on a petition. Also, many who reside out of Atlantic Highlands have told me that that they, too, have signed this petition. Is this fair??

FACT- I commend those who are leading the local petition effort.
However, in their carrying out of this sacred rite of our democratic process, they should level with the citizens of Atlantic Highlands as to the long term effects eminent domain will have on our community in the years to come. Perhaps many of our local elite whom reside in the hill area of our community could afford to pay for the ramifications that could very well arise by exercising the ill-fated notion of eminent domain. The reality is that the average working man and woman and the senior citizens of our beloved community could not afford to remain a part of Atlantic Highlands. I would remind our towns folk,again, that the devil is always in the details.

FACT- A recent poll in the Asbury Park Press stated that 81% of the citizens of New Jersey are against the use of eminent under any circumstance.

FACT- During my 12 year leadership of the Atlantic Highlands Democratic Party one of our values has always been against using the process of eminent domain. This was necessary because the Snyder program of eminent domain many years ago rendered our local party impotent for many years. We were never successful in getting the local control long enough to implement policies which would benefit ALL of our citizens. We finally got the local control back in the 2003 election and as a result Donoghue decided on a course to bring our beloved community on a destructive
course guided by a discredited past Democratic Administration.

FACT- Democratic candidates on the state and county level have made it their intention to oppose the use of eminent domain under any circumstance. This was evident last year when Democratic Assembly candidates Matt Doherty and Jim Reilly nearly toppled veteran Assemblyman Steve Corodemus, who refused to take a stand on the issue.

FACT- In closing I would like to publicly state that the many members of the Giuliani family have been very good to our community for more than 70 years. They have employed local citizens in their many businesses, they have taught our children at the Atlantic Highlands Elementary School and at Henry Hudson, they have taken care of our children, they have made generous donations when it became necessary to purchase emergency equipment and vehicles, they have paid the mortgage and utility bills for local families during difficult financial times and they have seen to it that local children of the needy never went without a Christmas. They should be treated with the respect that they deserve!

They did not want to sell their property. They don't want to be in the middle of this most unfortunate and ugly fight. Many times in the past they refused to sell their property to greedy developers. They were forced into a purchase sell agreement with Hovnanian to protect their American right to own property. Hovnanian does not own this property yet. If the Giuliani family had their way they would rather keep their land instead of making it into a park for our borough's elite and for Boyd's self named "Sunset Beach." Good ole Paul may have some stiff competition in naming the beach should the borough ever acquire it. Donoghue has made his intention known that he would like the beach named the Peter E. Donoghue Waterfront Park and Beach. It is sad, but does anyone do anything anymore for the common good without having their own respective personal agendas??

Sincerely,

Joseph Hawley
Atlantic Highlands, NJ

Mr. Hawley was Atlantic Highlands Democratic Municipal Chair (1992-2004), and is a member of Monmouth County Democratic Executive Committee (1986-present)

 


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