Property Rights Foundation of America®

Long Island Pine Barrens

New information added in January 18, 2009

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See Also

Land Trusts

Government Land Acquisition

 

Additional Helpful Organizations
Additional Helpful
Organizations

Civil Property Rights Associates, Inc.
(This organization is in court defending the rights of the small property owners in the Long Island Pines preserve who have received no compensation even though their land has been declared off limits to development.)
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In-Depth Information

  • James E. Morgan"Conservation Easements and TDR's: Fifth Amendment Takings through Zoning" - By James E. Morgan, Esq., Principal, Galvin and Morgan, Counselors at Law, Delmar, N.Y.; Twelfth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 18, 2008)
    Transferable development rights, or TDR's, are recognized as a way of compensating property owners when the government takes property rights. But the state valued the TDR's in the Long Island Pine Barrens at a fraction of the fair value, rather than take the property by eminent domain, which would have given the property owners more rights. We are going back to a day when property owners are becoming like feudal serfs rather than property owners. Be prepared to fight for the long-term.
  • "The Eminent Domain Crisis" - By James E. Morgan, Esq., Principal, Galvin & Morgan, Counselors at Law, Delmar, N.Y., Tenth Annual National Conference on Private Property Rights (PRFA, Albany, N.Y., October 14, 2006)
    Eminent domain is being abused by circumventing New York's Enabling Act. The Fifth Amendment right to compensation for a taking of private property is being denied with the government's imposition of transferable development rights for valuable property in the Long Island Pine Barrens, and with the use of zoning and smart growth regulation.
  • "One-Two Punch-Long Island Pine Barrens Owners Sue in Both State and Federal Courts" -By Carol W. LaGrasse, reprinted from New York Property Rights Clearinghouse, Vol. 5, No. 1 (PRFA, Summer 2001)
    Led by Walter H. Olsen, Sr., and Gladys Gherardi, with other members of the Civil Property Rights Associates, Inc., small property owners trapped in the Long Island Pine Barrens Core Area brought their complaints in two new lawsuits in state and federal court in June. The lawsuits divulge an unsavory history of how "stakeholders" involved in politics, real estate, and well-connected environmental organizations created legislation and drew zoning map boundaries for the Core Area for zero development to suit their own interests, while disregarding laws requiring considerations for groundwater protection.
  • "Long Fight heats Up-Who Gerrymandered the Maps?"-By Carol W. LaGrasse, reprinted from New York Property Rights Clearinghouse, Vol. 5., No. 1 (PRFA, Summer 2001)
    Discovery testimony this summer in the reactivated 1996 case brought by Henry Dittmer and other small property owners in the Long Island Pine Barrens is divulging important revelations about how the map of the Pine Barrens was gerrymandered.

James E. Morgan

James E. Morgan, Attorney
Successfully reinstated the Pine Barrens Lawsuit
Henry R. Dittmer
Henry R. Dittmer,
Vice President, Civil
Property Rights
Associates, Inc.
  • "It's Court After All for Small Property Owners-the Long Island Pine Barrens Lesson,"-by Carol W. LaGrasse, reprinted from New York Property Rights Clearinghouse (Vol. 3, No. 2, April - July 1996)
    It's easy to pass laws to restrict property owners, a lot more difficult to come up with hard cash to compensate them. After waiting three years, paying full taxes on their land while others lost their land to tax foreclosure, about 600 small property owners formed the Civil Property Rights Associates, Inc. In 1996, 125 of these property owners went to court for "takings" compensation and redress of other infringements on their rights.
  • "Sullying Title"—An editorial about "transferable development rights" by Carol W. LaGrasse, reprinted from "Worth Commenting," New York Property Rights Clearinghouse (Vol. 3., No. 2, April - July 1996)
    Calling to mind the impossibility of filing a deed in present-day Russia, Carol LaGrasse discusses the muddying of title inherent to transferable development rights, or TDR's.

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