Progress is based on making changes to improve society and the expectations of
peaceful living. But, there are certain uphill battles, which must be fought,
which one must choose to fight, that if not, lead to more than just a missed
opportunity to influence change for the better, but actually influence
conditions to become worse. Things do not stay the same; clearly, things
change….
Whether the situation is the taking of someone’s
home for commercial development or any other reason, governments do not have a
catch-all approval. The laws have changed to protect homeowners from being
eminent domain victims. Similarly, there are other types of property
rights issues at stake that many homeowners are NOT aware of, that if allowed
to be threatened and violated will affect the others. These issues and cases
are not the big publicly visible media-friendly cases like eminent domain that
have an immediate effect, rather the issues where the policies that never
became law, but existed for so long that no one bothered to do anything about
it. These are the issues that created a pattern of accepted policy for 200
years despite that there was no actual law to support it. These are the same
issues at the root of why eminent domain has been a recurring problem. These
are the same issues that were at the root of dissent scribed in our nation’s
Amendment
14 of the Bill of Rights under The U.S. Constitution, Declaration of Independence and The
U.S. Constitutionaimed at creating a
society free from monarchy. These are the same issues that are the
fundamental rights at the foundation of our Constitution, which seem to elude
us all - until something happens. But, then what?
KNOW YOUR LAWS.
Know what laws are created to protect you, and what laws can hurt you. New laws
were enacted to protect property owners from abuse from the State and its
subdivisions, but in our case these laws were ignored. Begin by understanding
that the peaceful protection of citizens and property from the State is a
fundamental right under Amendment 14 of the U.S. Constitution:
"AMENDMENT XIV Passed by Congress June 13, 1866. Ratified July 9, 1868. Note: Article I,
section 2, of the Constitution was modified by section 2 of the 14th amendment:
Section 1. All persons born or naturalized in the United States, and subject to the
jurisdiction thereof, are citizens of the United States and of the State
wherein they reside. No State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United States; nor shall any
State deprive any person of life, liberty, or property, without due process of
law; nor deny to any person within its jurisdiction the equal protection of the
laws."
HOW DOES THIS AFFECT YOU?
The bigger picture in all of this has to do with
what governments ARE NO LONGER ALLOWED to get away with, and the fact that both
the New Jersey State Supreme Court as well as the New Jersey State Legislature
has recognized that municipalities enjoying immunity from following the law had
to stop. New laws have been adopted for this specific purpose, by limiting
government power, and as such now helps to protect property owners. But, the
same laws are being ignored in favor of win-at-all-cost government entities.
This affects you directly because they get away with anything until someone
says no. Yet, the longer they get away with it, the harder the fight.
Whether regarding the taking of someone’s
property, fabrication of documents, secretly entering onto private property
with the intention of obtaining evidence, threatening or imposing harsh fines
for false [proven] violations, two municipalities conspiring to trick and force
citizens into taking actions to their own detriment, or even acts of brutality,
it is evident that unrestrained power can fester like a rampant infection,
causing more harm and becoming more difficult to defeat later. In ALL other
types of cases involving other types of parties such behavior would be deemed
criminal. But, who allows this to happen? The judicial system - courts who are
politically motivated with discretionary power to turn a blind eye. What you
may not know is that there are NJ State laws that spell out in great detail that you cannot
fight the government and win - just read Title 59 of the New Jersey State Statutes.
IT CAN HAPPEN TO YOU!!
It starts at the local levels, and once they get
away with it, the rest is easy to justify. Yet, the line HAS been drawn and no
one seems to care; the line appears to be used only as a matter of convenience,
and when used, for selective interpretation of the law to suit an agenda. Have
we become so complacent in our existence to realize that our lives are being
run by government agencies that step on our Constitution? Are we too complacent
to know when laws are being ignored by governmental entities that abandon their
civic duty to serve and protect their citizens and taxpayers? Maybe when it
happens to you it WILL matter then.
If the climate is such that government officials
can use their official capacity to commit abusive acts against their own citizens
as a matter of convenience or to serve some undisclosed agenda, then opposition
from the wronged citizens - and ideally from other taxpaying residents as well
- is essential. If no one opposes, it becomes that much easier for officials to
treat others similarly or worse in the future. Citizens cannot simply rely on
the ethical standards or good faith of officials who may not have any. Everyone
needs to be aware, oppose early signs and take an interest in one another so
that improvements can be made. If we do not, any one could be next. The reason
is more that if rights and laws are violated by some officials against some
citizens & some property owners, and it is not opposed (with Court support
by granting favorable rulings for them, condone bad conduct, accept
misrepresented evidence and flip flopping of positions, concealing material
info, refusal to answer discovery questions and refusal for witnesses to be
deposed, etc.), then it will happen more often, to more citizens, more
taxpayers, and more property owners. No one is safe. Anyone can be next.
WHAT CAN YOU DO?
Tell someone else about our story, send us a
link, etc. Talk about it. Discuss the problems with others. Question your
freeholders, senators, congressmen, etc., about what process do they follow to
ensure that they are informed about legal matters before they vote to approve
large contracts, such as hiring attorneys in public civil matters to take
[frivolous] citizens to court on the taxpayers dime. These are things the
general public should be aware of. Leave your opinion or if you have a story of
your own on our COMMENTS page.