A Warning to Those Who Exercise Eminent Domain Powers

Earlier this month, a three-judge panel upheld a decision awarding $18 million to the Halper family, former owners of a farm in Piscataway, New Jersey, which was taken by the Township through eminent domain. The Halpers had argued that they were entitled to the market value of the property when they had exhausted their legal options in 2004 while the Township sought to pay the family $4.3 million, the value of the property when the condemnation complaint was filed in 1999. The Court found that the Halpers were entitled to the market value of the property in 2004, holding that the legal actions undertaken by the family should not be used against them when determining the appropriate market value of the property.

The Panel’s decision sends a clear message to those who have the power to exercise eminent domain: this kind of procedure can be a financial risk. An entity that exercises the power must now worry a great deal more about an aggrieved property owner launching full-scale litigation to block the property’s sale, not only because of the costs of litigation but because, at least in a positive real estate market, the longer a property owner can drag out the litigation proceedings, the higher the payout from the entity exercising the eminent domain power. The corollary to this for property owners whose property becomes the subject of eminent domain proceedings is that a massive litigation fight might be worth it, not only for the principles involved but for the financial benefits that may accrue.

Continue reading ShapTalk.com: A Warning to Those Who Exercise Eminent Domain Powers

Michael M. Shapiro, founder of ShapTalk.com, is an attorney who resides in New Providence, New Jersey. He currently serves as the Editor of The Alternative Press Contact Mike at mike@shaptalk.com

National Breast Cancer Coalition

Recently, I was honored by the National Breast Cancer Coalition (NBCC) with the Certificate of Excellence for supporting legislation which helps fight breast cancer. I am very proud to have the opportunity to work with organizations like the NBCC in hopes of moving closer to a cure and pleased to have a 100 percent voting record with the NBCC.

Breast cancer is a terrible disease—affecting both men and women. Because of its devastating impact I have been a strong advocate promoting breast cancer research. To this end, I have co-sponsored H.R. 1157, the Breast Cancer and Environmental Research Act. I am also pleased to be a strong supporter of increased funding for research at the National Institutes of Health (NIH).

I believe that we have made progress over the last few years fighting breast cancer, but much more can be done. I will continue to work with Congress, the health care facilities in the 5th district of New Jersey and organizations like the NBCC to eradicate breast cancer once and for all.

Rep. Scott Garrett represents the 5th district of New Jersey.

The Debate Over Debates

Congressman Rob Andrews, who is challenging Senator Frank Lautenberg in the Democratic Primary for the United States Senate in New Jersey, has demanded that Senator Lautenberg debate him seven times before the June Primary. Senator Lautenberg has accepted two debate invitations and declined all others, but has indicated he may agree to additional debates with Congressman Andrews before the Primary. Julie Roginsky, Mr. Lautenberg's campaign spokesperson, has said that the Senator is maintaining a full Senate schedule, which precludes him from participating in many debates. Are both Congressman Andrews and Senator Lautenberg playing politics?

The Senator probably should agree to at least one more debate before the June Primary, but the Congressman’s calls for many debates are inappropriate. When Senator Lautenberg was running against Republican Millicent Fenwick for the same Senate seat, he challenged her to a debate in each of New Jersey’s 21 counties. She agreed to five debates, but the Senator said that was insufficient and accused Ms. Fenwick of not being energetic enough, at the age of 72, to represent the State. However, the Lautenberg-Fenwick race was a general election evolving over many months, while the Lautenberg-Andrews race is a Primary election run over a few weeks. While debates are important and should be undertaken in both primary and general elections, having many debates in a Primary that lasts a few weeks is overreaching and would conceivably benefit only Congressman Andrews.

Continue reading ShapTalk.com: The Debate Over Debates

Michael M. Shapiro, founder of ShapTalk.com, is an attorney who resides in New Providence, New Jersey. He currently serves as the Editor of The Alternative Press Contact Mike at mike@shaptalk.com

Why Commend Inclan?

During the recent trial of David Delle Donna, the Mayor of Guttenberg, New Jersey, one of Governor Corzine’s deputy chiefs of staff, Javier Inclan, testified that he passed envelopes from a bar owner to the Mayor, which he believed to be filled with illegal cash campaign contributions. The Mayor and his wife were convicted on extortion and tax-related charges after being charged with accepting $40,000 worth of illegal gifts from that bar owner.

Is Mr. Inclan being charged, fired, or demoted in some manner? No. Instead, the Governor publicly commended him and a day later, Mr. Inclan resigned, with his pension and benefits fully intact. Yes, you read me right. Rather than publicly admonish Mr. Inclan for his role in this political corruption, the Governor, through his spokesman, Lilo Stanton, stated, "The governor commends Javier his effort and he believes it takes courage to testify in this trial…Javier was testifying in the case for the prosecution against someone who was clearly a convicted felon.” While it may take courage to testify in this trial, should the Governor be commending his deputy chief of staff for doing what any citizen should be doing anyway? Given Mr. Inclan’s role in the whole affair, it would seem that testifying was the very least he could do to aid the prosecution.

Continue reading ShapTalk.com: Why Commend Inclan?

Michael M. Shapiro, founder of ShapTalk.com, is an attorney who resides in New Providence, New Jersey. He currently serves as the Editor of The Alternative Press Contact Mike at mike@shaptalk.com

2008 Environmental Quality Awardee Marie Springer

Last week, I recognized my constituent Marie Springer for her environmental efforts and achievements in New Jersey. In recognition of this work, Ms. Springer was recently awarded the 2008 Environmental Quality Award by the United States Environmental Protection Agency.

Marie Springer has been an influential individual in New Jersey, leading the charge to preserve and protect our natural heritage for generations to come. As the founder of Friends of Wallkill River, Ms. Springer made the conservation of open spaces an important cause to many Northwest New Jerseyans. I appreciate, and am extremely grateful for, the hard work and dedication that Marie has poured into making our community a better place.

As a leading advocate of open space preservation, I believe it’s important to seek a balance between the protection of New Jersey’s natural heritage with the protection of our constitutional heritage of private property rights. I have authored legislation, which became law, which included the Musconetcong River in the national network of Wild and Scenic rivers.

Rep. Scott Garrett represents the 5th district of New Jersey.