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       Saturday, April 15, 2006

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Eminent Domain Abuse & Hoboken, New Jersey: Public Use in Pay-2-Play Land

Hoboken, New Jersey was once the busy port city of Elia Kazan's
1954 film, "On The Waterfront". But by the 1970's, Hoboken had
ceased to be a contender. Laid low by post industrial malaise,
many of its docks and factories were half empty or abandoned.
Then, at the end of the decade, Hoboken hit real estate pay dirt.
As the price of housing climbed in Manhattan across the Hudson,
Hoboken picked up a massive outflow of young, middle class
professionals. Apartment and condo towers sprang up like
mushrooms along the waterfront, and development became the
city's primary economic engine. Since Hoboken was considered an
urban orphan, much of its redevelopment was accomplished with
financial assistance from federal, state and local government,
through various forms of direct funding, tax breaks, and
advantageous loans. Some arrangements carried the stipulation
developers provide a degree of affordable housing for those
displaced by the Manhattan exodus.

Circa 2006, mile square Hoboken is fast becoming a mini mirror
of Manhattan. A place where only the wealthy, or the subsidized
(albeit in lesser numbers) can afford housing. The initial middle
class emigres were followed by waves of the more affluent, and
the revitalization that began on the waterfront has reached the
far corners of the city. Hoboken is now one of the most expensive
swaths of real estate in New Jersey. Yet taxpayers are still
being tapped for development assistance, and a sizable section
of the northwest part of the city is an officially designated
"redevelopment area". Hence, open to the use of eminent domain.

Eminent domain is the constitutional right of government to take
private property in the name of "public use". Fair recompense is
supposedly paid. But eminent domain is a forced sale, with all
the bargaining power on government's side. Which is one reason
why eminent domain has traditionally been used sparingly, for
clear-cut public use projects such as roads and schools.

Over the last few decades, the interpretation of "public use" has
broadened to cover development projects which promise to produce
more municipal tax revenues, enhancement of property values in
nearby neighborhoods, and/or provide jobs. In such instances,
property is taken from those whose use is deemed insufficient,
and given to developers offering greater rewards. This type of
eminent domain is often called eminent domain abuse (EDA).
Despite last year's Supreme Court decision (Kelo v. New London)
that let EDA stand, development related eminent domain has raised
the ire of people across the nation. One of many objections being
that EDA and political corruption make a perfect couple.

New Jersey's political corruption is legendary. And the legend
continues to grow. Of late, the state's largest medical college,
the University of Medicine and Dentistry of New Jersey (UMDNJ)
has been rocked by federal charges of extensive Medicaid fraud,
and revelations of crony hiring practices dictated by Jersey's
powerful political bosses. Hudson County, where Hoboken is among
the municipalities, has a sullied rep even by Garden State
standards. The last 5 years have been scandal packed.
Investigations, indictments and convictions have touched all
levels of local government; from state representatives and county
officials, through mayors and city council members, down to low
level bureaucrats. Bagmen posing as political consultants have
done star turns, as have public contractors and developers.

Players from Hoboken's public theater include former Mayor
Anthony Russo, and Joseph Barry, former president of Applied
Development Companies. One of Hoboken's-- and the state's-- most
prominent developers. Applied is currently waging a particularly
ugly eminent domain attack in Long Branch, New Jersey. Both
Russo and Barry were convicted, in separate cases, of charges
involving "pay-to-play" in Hoboken. (Pay-to-play is the giving
or receiving of gifts or contributions in exchange for public
contracts, grants, tax abatements, etc.) When Hoboken's current
mayor, David Roberts, first ran for election in 2001, he did so
as a reformer. Promising to rein in the power of developers and
address development related problems. Such as diminishing public
space and an over burdened infrastructure. When Mayor Roberts
ran for re-election in 2005, developers numbered mightily among
his contributors. As did some of Jersey's powerful political
bosses. Contributions to Roberts were made either directly, or
through local political organizations and committees.

Among the most generous contributors was Applied Development,
via another member of the Barry family. The largest amount in
toto, came from assorted execs at URSA Development, Tarragon
Realty Investors, and Tarragon Capital Corporation. Who, as
the combo platter of URSA/Tarragon, have major projects within
Hoboken's Northwest Redevelopment Area. The area (sometimes
called a "redevelopment zone") was declared open for the use of
eminent domain by the Hoboken City Council in 1998-- under the
aegis of X Mayor Anthony Russo.

In 1998, local real estate maven Frank "Pupie" Raia, was the
designated redeveloper for the northwest area. In early 2001,
the quasi-public New Jersey Redevelopment Authority (NJRA),
announced that the Northwest Redevelopment Area would receive
a 4.75 million loan for a project within the zone. Presumably
as part of the NJRA mission to revitalize "New Jersey's most
distressed urban neighborhoods". In their press release, NJRA
identified Pupie (OK-- NJRA called him "Frank Raia") as the
"redeveloper for the 9 block (northwest) area". But Pupie
seemed to poop out as sole developer, and eventually entered
into a relationship with URSA/Tarragon. A 2003 Tarragon Realty
Investors press release announcing a then upcoming, since
completed, condo and "affordable" housing project in the
Northwest Area, identifies Tarragon, URSA Development, and
Pupie as partners. Yet in recent newspaper coverage of a legal
dispute over the price of an eminent domain buy-out in the
redevelopment zone, Pupie is described, in this particular
instance, as having sold his development interests to
Ursa/Tarragon. Apparently the power of eminent domain went
along with the sale.

Pupie incidentally, was a mayoral hopeful in 2005. Alas, his
hopes were dashed in the primary. Any suspicion that Mayor Pupie
might have had a potential conflict of interest as a public
official when dealing with Ursa/Tarragon, is no doubt
groundless. As are suspicions re those Ursa/Tarragon mega
contributions to acting Mayor Dave Roberts, and any influence
Roberts might have on his supporters in the City Council.

Public Use v. Bigger Purse


Though it may seem odd that in 1998, any part of Hoboken could
still be counted among New Jersey's "most distressed urban
neighborhoods", it's even stranger that in 2006, the Northwest
Redevelopment Area is considered appropriate fodder for eminent
domain. But it's important to remember not all people share the
same idea of "public use".

Within the Northwest Redevelopment Area is a block (the west
side of Grand Street, between 10th & 11th Street) housing two
thriving small businesses. One is a manufacturer of home decor
products. The company provides several dozen people with blue
collar jobs. In Hoboken, such jobs have become scarcer than
hen's teeth. The other business is a storage facility. For
which residents in the adjoining, residential neighborhood say
hallelujah. Urban closet space being what it is. Or isn't. Both
businesses exist in harmonious relationship with the adjoining
residential neighborhood. Those living nearby like the
atmosphere of mixed use. Homeowners in the neighborhood enjoy
solid property values. Appreciated by all are the low rise
brownstone buildings and peaceful atmosphere. Particularly since
some other parts of Hoboken are hard hit by the city's bar
scene-- and overshadowed by towering conditoriums.

URSA/Tarragon's next project in the Northwest Redevelopment Area? A towering conditorium on the
block housing the small manufacturer and storage facility.
URSA/Tarragon wants to force the two businesses out with the
power of eminent domain. A "public use" rationale being cited
is that the project will help glue together Hoboken's sizable budget
gap. Which somehow, after decades of revitalizing development,
just keeps on a-gaping.

The Hoboken City Council has been dithering about enacting--
or decisively opposing-- the use of eminent domain on this most
recent Northwest Development Area project. URSA/Tarragon has
filed suit in hopes of making the city enforce its original
agreement. The one made when Pupie was designated driver. Public
opposition to the use of eminent domain on Grand Street is
strong. Some Hobokenites-- and URSA/Tarragon itself-- claim
the City Council waffled in hopes the excuse of litigation, or
a court decision, would take the EDA hot potato out of their
hands. Putting City Council members in the home free zone. Able
to say the devil made us do it. Or not do it.

If this sounds convoluted and a tad grassy knoll, we're talking
Hudson County and Hoboken here. Where pols and players delight
in zany Byzantine antics and often bite off each others' noses
to spite the public's face. We're also talking the kind of
pretzel positions elected officials all over the nation are
assuming, in order to dodge voter wrath over eminent domain
abuse, while not stopping the flow of revitalization dollars
and political contributions from developers.

One last word about Hoboken. Over the last few years, pay-to-
play in the Mile Square City has come under increasingly
effective grass roots assault. Which lends support to the
theory that injustice eventually produces its opposite. When
it comes to the broader, national injustice of EDA, the
question is-- how long Lord, how long?

Carola Von Hoffmannstahl-Solomonoff
mondoqt.com

Sources include but are not limited to:


"How UMDNJ became a patronage pit," Josh Margolin and Ted
Sherman, The Newark Star-Ledger, 04/04/06

"Hoboken Settlement: $3.5M," Bonnie Friedman, Jersey Journal, 04/04/06

"Hoboken Council delays on Grand St. Vote," Bonnie Friedman, Jersey Journal, 03/17/06

"Hoboken residents question eminent domain for private gain,"
edmecka.com

"Eminent Domain Fight Rages In Hoboken," WNBC.com, 03/16/06

"Eminent Domain Debate Hits Hoboken," Tom Jennemann, Hoboken
Reporter,
03/05/06

"Hoboken Council greenlights seizure of two businesses," Bonnie
Friedman, Jersey Journal, 03/03/06

"Hoboken Pay 2 Play Stays," Press Release, People for Open
Government, 12/09/05

United States of America v. The University of Medicine and
Dentistry of New Jersey,
Criminal Complaint, Mag.No.05-3134(PS),
12/09/05

"Tarragon Realty Investors Announces $150 million in Development
Plans For 814 Hoboken Apartments," News Release, Tarragon Realty
Investors, 02/10/03

Who We Are, New Jersey Redevelopment Authority, NJRA website,
12/05/02

"City of Hoboken Announces The Construction of the Northwest
Redevelopment Area Supermarket," News Release, New Jersey Redevelopment Authority, 04/30/01

Send comments or confidential tips to:

mailto:editor@mondoqt.com



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posted by Carola Von Hoffmannstahl-Solomonoff at 8:56 AM  

1 Comments:

Scott said...

I don't know if you live in Hoboken or not, but this is a pretty good summarization of the story. Nice job. One note, Pupie didn't lose in the "primary". The Mayoral and City Council races were sent to a run off because no one obtained the necessary 50+% of the necessary votes to be elected. Pupie came in third, so he didn't make it into the run off.

12:41 PM  

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