Garden State Preservation Trust Hearing

2007-03-21T09:40:00.000-07:00

On Tuesday night, 3/20/07, there was a public hearing in Morristown held by the NJ Assembly Agricultural committee to get public input on the proposal to renew the Garden State Preservation Trust. Unfortunately, members of the public were almost entirely lacking in the audience. The overwhelming presence was that of dozens of environmental non-profit groups, all in favor of renewing the GSPT. Why would they want to renew it? After all, the new trend in land preservation in New Jersey is to get the Legislature to simply regulate private property so severely as to render it worthless, just like they did with the Highlands Act. Taxpayers only have to pay for the regulatory beaurocracy, and don't have to pay a penny for the land itself. Since the environmental lobby was effective at getting the land preserved for free and can no doubt get any other land preserved the same way, why do they need the GSPT? Well, they all get millions and millions of grant money from it which feeds their lust for more control and more regulations. They get grants to broker the deals. They get grants to take care of the land they acquire. They get grants to acquire the land outright and take it out of the control of both the landowner and the state who actually paid for it. The taxpayers of NJ are gladly turning over their hard earned money and billions of dollars of assets to these groups under the guise of open space preservation. In return, those billions of dollars leave the economy forever and control of vast amounts of land is transferred to the non profit organization with little oversight by the state since they are just too broke to do much about it. Thankfully, there are a few of the non profits who do a fantastic job with the properties they own. Many historical sites have been saved and renovated as a result of their efforts. But most of them are driven by the desire to continue to pay their own salaries with taxpayer money and to take control of large tracts of land.

The GSPT has it's place. But it is not the answer to compensation in the Highlands since few properties actually qualify for any of the programs. And it could use some significant improvements. The stewardship program needs to be expanded so that property owners who actually take care of the land can be compensated instead of just the non-profits. The state needs to do more to support the Agriculture industry - what good is saving the farmland if we make it impossible for the farmer to survive? The development rights should not just disappear out of the economy forever. To use Governor Corzine's pet expression, they should be "monetized". The state keeps telling us that we will be able to sell our development rights. If that was so easy, what aren't they doing it themselves, and putting the proceeds back into the pockets of the people who pay the GSPT tax?

Welcome

2007-03-17T10:07:00.000-07:00

Welcome

This is the place to share news about the battle being waged in the New Jersey Highlands and elsewhere where misguided and misinformed legislators pass laws that severely reduce the use and the value of private property under the guise of environmental protection. Here in the NJ Highlands, the Highlands Water Protection and Planning Act was signed into law in 2004 just days before the governor resigned in disgrace. The law was ushered through the legislature with unprecedented speed, especially considering that the financial impact is in the billions of dollars. Few, if any, legislators outside the region that is affected even read the hundreds of pages of the draft law and the last minute changes. The ex-governor even admits in his tell-all book that the Highlands Act got passed as a result of "horse trading". Those that negotiated for the favors had no need to actually read what they were voting on.

Three years later, there are hundreds more pages of environmental regulations and thousands of pages of regional planning documents. Almost any kind of land disturbance is prohibited in over 400,000 acres, with the same kinds of restrictions being recommended for another 300,000 acres. Most property must be 88 acres or more in order to build a house.

Property values have fallen from 60-100% in the preservation area. There is vacant land in the middle of industrial parks that is in the preservation area, and absolutely no use is left for that land, rendering it worthless. Farms have lost up to 90% of their value since the majority of land value in New Jersey is based on it's development potential. Vacant land and even some single family homes have become unsaleable at any price. No large tracts of land in the preservation area have been purchased by private parties since the law was passed.

The Regional Plan that was supposed to be completed in June 2006 will most likely not be implemented until 2008, which has put the residents of the area in limbo for over 4 years. As of April, 2007, the draft of the plan recommends "protection" for over 700,000 acres but does not address the cost or the economic viability of the area. The majority of the land is being "protected" because it is potential habitat for species rare in New Jersey, but not rare elsewhere. Very little of the land is being regulated because of it's value as a watershed. And no measures are included to either decrease or control the consumption of water outside the area or to improve water quality where it is already compromised.

The Highlands Act was sold to the legislature and the public based on the need to preserve water for the residents of the state. While it is possible to accomplish that goal by prohibiting all land disturbances in the higher elevation rural areas, it is also possible to accomplish that goal with new technologies, new reservoirs, storm water management improvements and realistic limitations on growth outside the watershed areas that will protect the water while maintaining the economic viability of the stewards of that land. No matter which approach is adopted, it must be funded, and no effort has been made to address that multi-billion dollar problem. It is a clear taking of property without just compensation.

Local property and business owners have gotten together to fight the Highlands Act on constitutional grounds. they formed a not for profit group, Highlands Conservation Association to fight the Highlands Act and to educate the public about the real truth about it. The group is sponsoring a constitutional challenge to the Highlands in Federal Court in 2007 and is accepting contributions for that battle at highlandsconservationassociation.org