BY CHRISTINE VARNO
Staff Writer
LONG BRANCH — Members of the city council were warned last week that Long Branch could “become the poster child for eminent domain abuse” by a representative from the Institute for Justice (IJ).
“We are watching very closely to see what happens in Long Branch,” said Scott Bullock, a senior attorney with IJ. “We will do everything in our power to make sure these homeowners stay in the homes that belong to them.”
IJ is a non-profit law firm based in Washington, D.C., that specializes in the protection of private property rights when eminent domain is not employed for a public use. Bullock attended the city council meeting on Sept. 14.
Residents whose homes are slated for eminent domain contacted IJ and asked if the advocacy group would represent them if the city proceeds with eminent domain. Bullock has since visited the neighborhood and said their case is one that IJ would look into taking.
“This [eminent domain] is not just happening in Long Branch,” Bullock said. “It is happening throughout the country and, after years of neglecting this, courts throughout the country are protecting against abuse of eminent domain.”
He spoke on behalf of residents in the redevelopment zone designated as Beachfront North, phase II, that has come to be known as the MTOTSA — Marine and Ocean Terraces and Seaview Avenue — group.
The 36 properties in MTOTSA are slated to be razed through the process of eminent domain, and be replaced with townhouses and condominiums.
Bullock said it is premature at this point for IJ to commit to the case.
“You cannot challenge eminent domain unless the city government has acted on a property owner,” Bullock said. “We cannot make a commitment in advance in case it does not happen. Our focus now is getting the city council to do the right thing and not use eminent domain.”
MTOTSA members crowded city hall on Sept. 14 and wore “Shame on Long Branch” T-shirts and “Stop Eminent Domain Abuse” buttons as they took the floor at the municipal meeting.
Louis Anzalone and his wife Lillian, of Ocean Terrace, said they were speaking in response to a letter received from the designated co-developers of phase II, The Applied Cos., Hoboken, and Matzel and Mumford Corp., a division of K. Hovnanian, Middletown.
“It is the city’s intent, and ours, that long-time, owner-occupants have an opportunity to stay in the area,” Roger Mumford, the president of the development company, wrote in a letter, dated Sept. 7, to the MTOTSA residents. “It is our hope that for these owner-occupants, we can put together a realistic plan that may include providing you with a condominium in one of our elevator serviced buildings.”
Anzalone told the council he bought his home after being housed in a military barracks for five years during World War II.
“I must say an absolute no to this offer,” Anzalone said. “I have no intention to live in some condo that looks to me like army barracks with elevator service.”
Members of the council remained silent throughout the night and did not comment on Bullock’s remarks or those of the MTOTSA group.
The homeowners of the 36 properties in the three-street neighborhood submitted a plan, “The plan for the MTOTSA alliance neighborhood,” to the city on May 18. The plan calls for MTOTSA residents to keep their homes, but to repair, restore and remodel their properties to conform to the city’s redevelopment plan.
“We are not developers,” Lori Vendetti, of Ocean Terrace, said. “The [MTOTSA] plan is a revitalization. Our plan was always to keep and revitalize our neighborhood.”
Bullock told the city council they still have time to do the right thing and to take eminent domain off the table. If not, he said, IJ will consider bringing litigation. He did not confirm if IJ would be representing MTOTSA.
The city has already used its power of eminent domain to take oceanfront properties in the redevelopment zone for the construction of Pier Village and Beachfront North phase I.