That of course, would not make the convenants unactionable -- for a court, when title was traced, might uphold them -- but in fifty years -- who would take the action? Pursuing a court case like this is about as efective as any third-party amicus and risks the expense.
This partcular case is theft. About $6 million dollars -- where's Willie Sutton, these days?
Willie Sutton was the infamous the bank robber who said when asked why he robbed banks, "Bbecause that's where the money is"!
New Jersey has been very aggressive in setting big pots of open-space money in front of small town boards. A small town might run a 2 million budget a year -- with open space, make that 22 million, 60 million, even more. Bada bing. You bet there's plenty of pot chasers running for office to catch ahold of that big pot.
Yet in the mix of cozy self-renumerative deals a board must also show some evident progress towards open space. Why then, grab by eminent domain a parcel at the price of a songbirds's feed. And better the "eco"-activist judiciary to support it, failing to support the grand open-space moola project might impair the general ability to pick constituents wallets, for some misguided public evocal of governmental irreponsibility and corruption.