Oroho, McHose & Chiusano: Highlands Plan Tramples Rights of Landowners

District 24 Legislators Pushing Legislation to Protect Private Property Rights

Senator Steve Oroho, Assemblywoman Alison Littell McHose, and Assemblyman Gary Chiusano, all R-Sussex, Morris, Hunterdon, who represent a significant segment of the Highlands region, oppose the adoption of the Highlands Regional Master Plan because the plan fails to include provisions for compensating hard-working homeowners and property owners for the drop in property values that have resulted from what amounts to the uncompensated seizure of their land-use by the State.

“Private property rights are the bedrock of a free nation,” said Oroho.  “A democratic society cannot exist without them. Taxpayers endure years of hard work and sacrifice to buy and be able to invest in their homes, farms, and businesses.

“Their land is a resource they use to farm, create jobs, safely raise their families, and create the value that benefits everyone's standard of living,” stated Oroho.

The Highlands Act became law in 2004 without a permanent, stable funding source to pay homeowners and property owners for the diminished value of their land.  McHose was the only current legislator from District 24 serving at the time of passage; she voted against passing the act.

“When government forces the diminishing of the value of private property, fairness demands that those landowners affected must be compensated,” stated McHose.  “The Highlands Act aims to protect resources that benefit the entire state, so it is grossly unfair to ask local property owners to bear any more of the burden of its implementation than other citizens.”

“It is unfathomable to me why the same government that would jail a vandal who diminishes the value of personal property through his acts will so readily approve rules that drastically reduce the worth of so many hard-working people’s homes, farms, and businesses without compensation,” said Chiusano. 

Chiusano reiterated that a cleaner environment is a worthy goal that everyone in the state supports but, “It is simply unfair to force a small group of landowners to bear the lion’s share of the costs for a program designed to benefit the entire state’s ecology.”

Oroho, McHose, and Chiusano have introduced the following legislation to remedy problems caused by the Highlands Act itself and to force compensation of landowners: 

• S-1682/A-1658    Allows for exclusion of certain properties from Highlands preservation area.
• S-1683/A-2691    Sunsets "Highlands Water Protection and Planning Act" five years after date of enactment unless a dedicated source of funding is established to adequately compensate landowners.
• S-1873/A-1689    Prohibits State departments and agencies from considering or requiring compliance by Highlands planning area municipalities with Highlands regional master plan in certain circumstances.

“Gary, Alison, and I will continue to fight to fairly compensate Highlands property owners,” said Oroho.  “Until then, we will continue to express our opposition to the gross injustices that this law and these rules perpetrate in the name of environmental protection.”

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