Vindication! That’s the feeling that those of us who constituted the North Brunswick Open Space Committee under the previous Republican-led council experienced after state Superior Court Judge James Hurley handed down his decision concerning the township’s acquisition of the Otken farm through eminent domain.
The judge’s ruling means North Brunswick has demonstrated a need for open space; that this need would, at least partially, be met by the acquisition of this particular parcel of property; that the invocation of the process under "eminent domain" was appropriate to the situation; and that the township behaved in an honorable and legal way in exercising its rights under this doctrine (so much for the charge of stealing).
The next step is for the judge to appoint a panel of condemnation commissioners who will set the final purchase price. Will it be the $6.35 million the township has already placed in the account for this purpose? More or less?
Presumably, if the commissioners believe that the land could be successfully rezoned for a purpose other than "light industrial," as it is now, the final cost might be higher. However, if the commissioners take into account that a second set of licensed appraisals, which were required by the court and took into account the cost of a similar purchase in a nearby town, was about $1 million less, then the final cost might be less.
Both sides are, therefore, subject to uncertainty. It is possible to avoid this uncertainty, and possible to speed the process, by amicably agreeing on a price.
Therefore, the call by the current council to reinitiate the negotiation process with the Otken family is a good next step. However, the council does the township no favor to surrender this accomplishment at the point of victory.
A very real township need has been met, and met legally and appropriately, even if some members of the present council disagree with the process of eminent domain. Thus says the Superior Court of the great state of New Jersey.
If the current council undoes this great step forward — the most significant step forward in the area of open space in North Brunswick in over two decades — then it is incumbent upon the council to propose and implement an alternate solution in the immediate future. The former Open Space Committee couldn’t find one. Can the current council do so? I think not.
Some politicians would have us believe that the solution once suggested by the developer involved is a "good deal" for North Brunswick. However, the U.S. Home offer of 38 acres for $6 million means a purchase price of almost $160,000 per acre vs. $60,000 per acre under the eminent domain scenario.
Not the same. Not as good. Finally, not acceptable.
If one considers the fact that only 22 acres are developable in the U.S. Home proposal, the cost is over $250,000 per developable acre. Horrifyingly unacceptable.
If the current council can do better, or even as well, then now is the time to show us. As we used to say when we were kids, it is now time to "put up or shut up."
William Hartko
North Brunswick