Civil Property Rights Associates, Inc.
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
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.
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, Attorney
Successfully reinstated the Pine Barrens Lawsuit
Henry R. Dittmer,
Vice President, Civil
Island Pine Barrens - Property Owners' Takings Lawsuit in Federal
Court" - John J. O'Connell, Attorney, Solomon,
Zauderer, Ellenhorn, Frischer & Sharp, New York, N.Y., from
Proceedings of the Second Annual New York Conference on Private
Property Rights (PRFA, 1996).
This lawsuit, which was begun by Mr. O'Connell,
is now in the hands of James E. Morgan, Galvin
& Morgan, Delmar.
- "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.
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.