Future of Otken farm may be decided in court
Family’s attorney says town owned land
for last month
NORTH BRUNSWICK — The fate of the Otken farm will be decided during a hearing at the Middlesex County Courthouse in New Brunswick on Jan. 14.
"Jan. 14 is the return date to show cause for the condemnation," said Township Attorney Jeff Lehrer. "The judge will decide whether or not he will sign the order to appoint condemnation commissioners."
Those commissioners, if appointed, will determine the value of the land to be paid by the township. That value can be appealed by either the Otken family or the town, according to Lehrer.
In February, the Township Council used its eminent domain power to take the Otken family’s 105-acre farm off Route 130 as open space.
In July, the Otken family went to court in an attempt to prevent the condemnation of the farm.
State Superior Court Judge James P. Hurley dismissed without prejudice the township’s attempt to take the farm through condemnation in September. Hurley’s ruling still allowed for the town to try and take the land a second time.
The township decided to move forward with refiling the condemnation of the farm during an Open Space Committee meeting Sept. 20.
Incoming Democratic councilmen Adam Weiss and Bruce Chandlee promised, as part of their campaign, to stop the condemnation. The Otkens’ attorney Larry Sachs said that it would not be wise for the councilmen to go back on their promise.
"Hopefully the council will cancel the condemnation," Sachs said. "They would be dishonest if they didn’t carry through on their promise. I can’t foresee that they would go back on their promises."
Francis "Mack" Womack said that council was instructed not to comment on the court action.
"We have a motion before the court on Jan 14," Womack said. "Our attorney has advised us not to make any predictions or comments. This hearing will decide whether the condemnation survives or not."
Lehrer said that he tries to stay out of council business and does what the township governing body requests.
"I don’t get involved with the political situation in North Brunswick," Lehrer said. "Any decision made is up to the governing body. I do not get involved with internal issues."
Once the township filed the original request for condemnation, it became the owner of the farm, according to Sachs.
"The money was posted by the town," said Sachs. "When they filed the complaint and made the deposit, they acquired the land. They have owned the land since the beginning of December."
The judge could reverse the condemnation if the town requested him to do so, according to Lehrer.
"It can be done, but the mechanics will have to be discussed with the council," Lehrer said. "Whether or not to continue with the condemnation is something we would have to discuss.
The Otken family had previously offered to compromise with the township, offering them 38 acres of land for $6 million. U.S. Home had also agreed to build the recreation area for the township free of charge.
Eminent domain is defined as the sovereign right to acquire private property for public use and is a power held by the individual states and the federal government.
Locally, the power of eminent domain can be carried out by the N.J. Turnpike, N.J. Transit and the Garden State Parkway authorities, as well as by municipal governing bodies and boards of education.
The Otkens’ contract with U.S. Home specifies that the company is supposed to build an age-restricted, active adult community on the site.
U.S. Home sought action against the township’s zoning board. The Land Development Division had tried to make presentations at two zoning board meetings, but was not allowed to make presentations at either meeting, according to the company.
The 105-acre farm is located off Route 130 near the Adams Lane area.
The property was put on top of the township’s open space wish list in October 2000 after the Municipal Open Space and Recreation Plan was released. According to that plan, the Otken property is an ideal site on which to develop a centralized, multi-use sports complex.
The property is zoned as an industrial property or I2. That zoning would need to be changed for the land to be developed, according to Ralph Farella, a township code officer.