WASHINGTON, D.C. — A decision by the U.S. Supreme Court not to hear a challenge to New Jersey’s Highlands Water and Protection and Planning Act was cheered today by environmental groups and the planning council the preservation law created. Several families who own farmland in Warren, Hunterdon and Morris counties waged a legal battle for two years against the...
Hal Danielson walks on the 12 acres of farm land in Hunterdon County that has been in his family for generations. He had planned to sell the land for home development but will was stopped by the state's Highlands Act. WASHINGTON, D.C. — A decision by the U.S. Supreme Court not to hear a challenge to New Jersey’s Highlands Water and Protection and Planning Act was cheered today by environmental groups and the planning council the preservation law created.
Several families who own farmland in Warren, Hunterdon and Morris counties waged a legal battle for two years against the Highlands Act, which the state adopted in 2004 to prevent or restrict future development within 860,000 acres across seven northern counties where the state derives most of its drinking water. The families claim their property was devalued without compensation and their right to farm violated, contending the act strips about 75 percent of the equity from their land because it cannot be sold for development.
Three state courts rejected the challenge, and the legal battled ended June 28 when the U.S. Supreme Court refused to hear the case. The Highlands Council, a planning agency created under the act to monitor development in the region, learned of the decision today.
"The U.S. Supreme Court’s dismissal of this case affirms the decisions of the New Jersey courts, which upheld the validity of the Highlands Regional Master Plan, the boundaries of the preservation area and the remedies available to Highlands region property owners," said Tom Borden, deputy executive director and chief counsel to the council.
Highlands Council Executive Director Eileen Swan said the act holds provisions to address landowner equity, citing efforts to offer some compensation by purchasing development rights from the farmers.
Previous coverage:
• Farmland owners petition U.S. Supreme Court to overturn Highlands Act
• Two Warren County townships openly defy N.J. Highlands Act
• Highlands fate uncertain with council seats open
• Congress approves $4M in funding to preserve N.J. Highlands
• N.J. appeals court upholds Highlands Act amid landowners' challenge