The open agreement between the town and the county says they can "sell lease or donate", which is" doing whatever they want."
Mrs. Halper said it was "to make more money not necessarily for the town but for themselves..."
Her attorney stated, "Major developers throughout the state are benefitting from their relationships with peope that are in the Democratic party or the Republican party, and through that connection they're becoming pricvate developers for property taken in open space, and they're using it for their own private purpose."
Sean Hannity said, "This is almost legalized stealing. This is scary that this is happening in America."
http://www.foxnews.com/video2/player05.html?071006/071006_hc_domain&Hannity_Colmes&Evicted%21&acc&Hannity%20%26%20Colmes&-1&exp
What specifically was this Eminent Domain seizure cited for?
Sorry that I didn't know how to post the link correctly!
F#&% 'Em.
Why should anyone be surprised at this? These arrangements are what our government has degenerated into. They also do this with jobs (I won't go into details). If someone wants your job, they arrange things behind the scenes to legally take it. Doesn't matter which party they're in or you're in. When a person tries to fight this theft, they find they're facing the full legal structure of the masters of our society, and they don't have a chance.
The Fifth and 14th amendment of Constitution allows it, and ensures that private parties are justly compensated for. Issue is, for what use?
For many states, condemnation procedures were born from railroads acquiring land to lay tracks.
State legislatures then conveyed authority to other state and local entities: Urban Renewal Authorities, parking facilities, airport expansion.
The main complaint is condemning private property for future private use (i.e. home developer). However, the condemning authority can claim that new property tax roles helps local infrastructure, thus is a public use. This debate continues to be hot.
I thought NJ was run by the mob guess it still is.
Read my post #28
http://www.freerepublic.com/focus/f-news/1431203/posts?page=28#28
http://www.freerepublic.com/focus/f-news/1394950/posts
Political Party Fundraiser David D'Amiano Sentenced to Two Years in Federal Prison
http://www.freerepublic.com/focus/f-news/1658708/posts
July 8-10, 2006 Camp-Out at the Halper Farm to Stop Eminent Domain
http://www.freerepublic.com/focus/f-news/1665464/posts
Eminent domain foes to protest eviction, Halpers must quit farm by Monday (FRee Republic Mentioned)
So the jury awarded them money.. are juries able to overturn an eminent domain usage entirely?
July 20, 2005 Press Release
Contact:
Cornell Farms
(732) 463-8086
July 20, 2005
Subject: (New Jersey) Halpers charge conflict of interest and file motion against Superior court Judge Robert Longhi to remove him from the case
Title: Halpers Charge Conflict of Interest in Eminent Domain Decision and File Motion Against Superior Court Judge Robert Longhi
Members of the Halper family in Piscataway, whose farm was condemned by the Township through eminent domain, filed a motion against Superior Court Judge Robert Longhi, claiming he should not have ruled on this case because of a conflict of interest. The motion seeks to overturn Longhi's decision and remove him from the case.
The conflict regarding Judge Longhi is that he or his law
firm, prior to becoming a judge, represented the Halpers and the relationship terminated due to a dispute over legal fees. Moreover, the Halpers allege ! that the judge?s son, Robert Longhi, Esq. was employed as an attorney by Eichen, Levinson, Cahn, and Parra, the same law firm that employed Piscataway Township Councilman Steven Cahn, who also
served as Middlesex County Planning Board Attorney, and who was actively seeking to condemn the Halper farm at the same time that Judge Longhi presided over the condemnation case.
Moreover, and during the course of litigation, Judge Longhi became aware that the Wilentz law firm, counsel for the Middlesex County Improvement Authority, (MCIA) , may have been secreting their involvement in the case by writing the amicus brief for county counsel Bruce Kaplan, Esq. but failing to come forward and reveal their identity as attorneys in fact, in violation of professional codes of
ethics, the Sunshine Laws and the Open Public Meetings Act. Their failure to come forward may be the result of their firms representation of the Halpers at the same time that they were actively pursuing condemnation of their land. It appears that the MCIA wrote the Agreement between the County of Middlesex and the Township of Piscataway authorizing the Township to move forward and condemn the Halper farm while also representing the Halpers. The Wilentz file number was located at the left hand corner of the Agreement as well on
the amicus brief. The Halpers argued that Wilentz's nonwaivable conflict, which was brought to Judge Longhi's attention during the trial, but who decided to overlook their involvement, shows the judge's personal bias in this case which ties into protecting his son and the position he had with the democratic councilman Steve Cahn. The Halpers
argued that the judge abused his discretion not only by admitting the amicus brief into the court for his review but then failing to address the obvious conflicts in this matter. All this occurred while the FBI was pursuing the Democratic Fund Raiser, Damiano, whom the Halpers were
helping convict due to money he was extorting from them with promises to protect them from condemnation. The Halpers refusal to play the political game of pay to play has now culminated in Judge Longhi's decision to condemn their land, a decision permeated with conflict.
There are those who may consider it just pay back for cooperation with the FBI when confronting the democratic machine.
The Halpers new attorney, Barbara Schwartz, Esq., argued that Judge Longhi and Councilman Cahn should have recused themselves from the Halper case due to the existing conflicts and appearance of impropriety in this matter. Longhi should have done so because his son was in a
direct business relationship with a party adverse to the Halpers (Cahn). Cahn should have recused himself from the Council's condemnation vote because he knew that the case was being heard in court by! the father of his business associate. Moreover, Bruce Kaplan, County Counsel, Township attorneys Clarkin and Vignuolo, as well as Judge Longhi knew of Wilentz's nonwaivable conflict but continued to act in concert with each other secreting the firms involvement, in
violation of the Halpers due process rights, thereby, requiring the overturning of Judge Longhi's decision to condemn the Halper farm.
Additionally, the motion charges an improper relationship between Longhi, Piscataway Township Attorney James Clarkin, Esq, and Clarkin's partner, Anthony Vignuolo, who previously served as attorney for Piscataway's Zoning Board. Vignuolo's son, Peter Vignuolo, now married to Clarkin's daughter, who worked as a law clerk for Judge Longhi in 1997-1998 and also served as Special Counsel for the Township of Piscataway.
During the course of the trial Judge Longhi referred to his
relationship with his former law clerk as "fond" and "lucky". Not so lucky for the Halpers. Their failing to cooperate with Damiano and possibly the Democratic Political Machine may very well have cost them their farm. Just ask the FBI, after they got their man they left the Halpers out to dry. Barbara Schwartz seems to be the Halper's last hope
to obtain justice in an otherwise legal entanglement of an appearance of political and legal corruption.
The recent Supreme Court decision upholding the use of eminent domain for private development infringes on all property owners' rights. Judge Longhi's decision in the Halper case exacerbates the situation by setting a dangerous precedent that could influence rulings in future eminent domain cases unless you are rooting for the Township who is
seeking condemnation and have a son working for the correct political party. Not everyone can be as lucky as Peter Vignuola and Robert Longhi, son of the judge.
It is ironic that at the same time that our soldiers are fighting and dying in Iraq to defend democracy and our system of government, in New Jersey, Judge Longhi is making a mockery of due process. It's time he disqualified himself from the case. Any further involvement endangers the remaining trust the public might still have for the judicial
system.
By filing this motion and by opposing eminent domain abuse, the Halpers are defending property rights, decency, and democracy in an age where no home or business is safe from condemnation. Their attorney, Barbara Schwartz, has come forward to protect not only the Halpers but our court system from those who have undermined its purpose, which is
to meet out justice equally through blind indifference to family and political ties. The nation should be watching this case closely.
-End-
To whom it may concern, please knock off the personal stuff.
Sean Hannity said, "This is almost legalized stealing..."
It IS stealing. The town and county give them 17 million for the land. Then the IRS and the state take half of that back for taxes. I hope that when this is law is finally overturned, all of the land that has been stolen by it has to be returned in its original condiditon no matter what "improvements" have been made on it.