Only two boarded up homes and a no trespassing sign, located off of Metlars Lane, mark the spot of an epic struggle involving eminent domain, which allows the government to seize land for public use provided they give just compensation to the owners of that land.
The Halper family left their 75 acre Cornell Dairy farm, which they had owned since 1922, in the middle of the night seventeen months ago, after losing a nine-year battle with Piscataway Township.
"I feel like they just stole our lives and did not attempt to make us whole again," said Clara Halper, a former resident of the farm.
In 1999 an appraisal of the property was conducted when the township began the eminent domain process to preserve the land as open space. When the Halpers declined the offer, Piscataway moved to take the land, she said.
Facing fines of $4,000 per day, the family left the farm on July 10, 2006.
Piscataway appealed a January 2006 court verdict that awarded the Halpers $17.9 million. The appeal is ongoing and is not expected to be settled for another year.
The main issue of the litigation is setting an appropriate date for evaluation, relocation assistance, payment for the crops on the land and an issue regarding alleged contaminants on the property, Halper said.
Since 1922 the Halpers had used the farm as their primary source of income, she said. The farm had animals for dairy and grew a variety of fruits and vegetables.
A judge ruled the property and value of the crops on the farm would be separated and the value has yet to be resolved.
In the past, the family received several offers to sell the farm. In the 1980s, a developer offered $22 millions. The Halpers refused.
But since this dispute, the Halpers were forced to temporarily live in a hotel until they signed a lease and moved into a friend's apartment in September. Halper has three daughters and a son who is a University student. She said the family misses living on the farm.
To date, the Halper family has received $4.3 million that was divided 12 ways amongst the family, Halper said.
The $17.9 million decision was based on a 2004 appraisal - the date the township officially took possession of the property.
Halper and her husband Larry presently have no current source of income. Their share of the $4.3 million payment was $300,000 - half of which went to legal fees that are continuing to add up, she said.
Over the past ten years the township has spent approximately $200,000 on legal fees. Mayor Brian Wahler described this as a reasonable bargain, considering the span of time.
The entire family has spent over $1 million on legal fees and the ongoing court battles have created a hardship for the family, Halper said.
"Whoever heard of selling your property to some one and not getting paid?" she said.
She said she thinks the township wants to turn around and sell the property based on a provision that allows the town to sell, lease or donate the land if they receive approval from the Middlesex board of freeholders.
The township plans to create a community open-space park with walking trails and gardens after alleged contaminants are removed. But nothing can be done until witnesses from both sides have testified before the courts and a decision is reached.
"They want to be [valued] as residential homes, but they only want to clean the property up to industrial standards," Wahler said, adding that he could not comment on the specifics of the ongoing litigation.
Piscataway believes it will cost a few million dollars to clean the property. The Halpers dispute this.
After leaving the farm, the Halpers stored equipment on an acre of land that was owned by relatives. The relatives entered into a contract of sale with the town, and the township removed the equipment from the property, accusing the Halpers of trespassing and running an illegal business on the farm.
The township sought the property because it was adjacent to Ambrose-Dotys Brook Park, Wahler said. This creates a large and continuous open space area.
Over the last several years the township has purchased properties that are near or adjacent to existing parkland, he said.
"It's a comical statement," Wahler said in response to the criticisms. "This has been going on for 10 years, and nothing ceases to amaze me."
