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      Editorials March 5, 2009  RSS feed

      Pinelands land reclassification would have ripple effect

      Is anyone aware that, in the middle of the worst economic depression we have seen in a century, the New Jersey Pinelands Commission is in the midst of formulating a plan to effectively reclassify the land use designation of tens of thousands of acres of land owned by thousands of individuals and companies? The effect of this new regulatory scheme will be to substantially reduce the value of the affected land by over 50-90 percent (one dwelling unit per 5 acres not permitted, whereas one dwelling unit per 70 acres proposed.) When land is devalued, it affects every property owner within that municipality as well as the county.

      All of this is being accomplished without even so much as a letter being sent to the affected owners. And, most disturbingly, if one calls the Pinelands Commission to ask for the names and addresses of the lots that are affected, they are summarily rebuffed and refused this information.

      Ultimately, once the Pinelands Commission staff has made a report and recommendation to the full commission (and the matter thus becomes a foregone conclusion), a notice will be published in the "New Jersey Register," an arcane document read by literally no one other than a small handful of professionals, to the effect that a new rule is being proposed as part of the Pinelands Comprehensive Management Plan to reclassify these tens of thousands of acres of land. Huge tracts in Atlantic, Gloucester, Camden and Burlington counties are affected.

      If the municipality were ever to attempt such an egregious act without notifying the affected property owners and affording a right to be heard, that town would most assuredly (and rightfully) be sued and potentially held liable unless the matter were immediately rectified.

      The First Amendment to the U.S. Constitution guarantees all citizens the right to petition government for redress of grievances. That includes the right to be heard with respect to a decision of government so monumental as that presently being considered by the Pinelands Commission. Implicit in the right to be heard is the right to notice — a fundamental precept of due process of law.

      How in the face of the worst economic decline we have witnessed in our lifetimes can the Pinelands even consider such an egregious act? Since when do the laws of environmental regulation preempt the constitutional right of our citizenry to appear and be heard when the value of one's most precious asset — his or her home, land or savings — is being devalued so cavalierly?

      The Pinelands Commission must cease this endeavor at this time. A series of public hearings should be held in all municipalities where all of the affected individuals are notified and have the right to be heard.

      This is a call to all who own land in Pinelands growth municipalities to wake up — tomorrow your most valued asset may be devalued by well over 90 percent and you will be without legal remedy or recourse. And you thought Bernie Madoff was a crook!
      Gary Giberson
      Mayor
      Port Republic
      Harry Leeds
      Former mayor
      Galloway Township