Fighting eminent domain

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MYRNA BROWN, HOST: Coming up next on The World and Everything in It: a church fights to keep its property.

Church leaders want to build shelters for the homeless in a town that doesn’t have any shelters. But the local zoning board isn’t budging.

MARY REICHARD, HOST: Now, the city is threatening to seize the land using eminent domain. The church and community members are pushing back, accusing officials of retaliation and infringing on religious freedom. WORLD’s Lauren Canterberry has the story.

LAUREN CANTERBERRY: At a heated council meeting in Toms River, New Jersey, Christ Episcopal Church fights to keep the local government from taking its land away. Councilman James Quinlisk has some choice words to say about the threat.

QUINLISK: There’s no way on God’s green earth that anybody should vote for this ordinance.

The order in question was announced in April. City officials unexpectedly introduced the ordinance to purchase or seize church land through “eminent domain.”

Under the law, the government can forcibly acquire private property for public use. But only if it notifies the property owner of the intent to take the property. And they also have to offer fair market value compensation.

The ordinance threatens six properties, including Christ Episcopal’s nearly 11-acre parcel. Mayor Daniel Rodrick has grand plans for the five lots on the waterfront of the Toms River. He envisions building a park, pickleball courts, and public river access. And even though the church is about half a mile away, and not attached to the other properties, he says its large parking lot is an attractive feature.

The church had no idea the land was about to be appropriated… until one day before the meeting, when a resident told them what was on the agenda.

Councilman Thomas Nivison sided with the church at the meeting….

NIVISON: I still think we should table it. I’ll second it.

The mayor and other township officials say they are within their rights to acquire the land because a park qualifies as a public purpose.

But some suspect that the town is running afoul of First Amendment protections that prohibit the government from interfering with religious exercise. And it wouldn’t be the first time the town tried to curb religious practices.

The township had previously used zoning codes to severely limit where houses of worship could operate. There was a lawsuit, and they settled the allegations in 2021. Toms River was required to revise its zoning code to reduce restrictions on religious buildings.

During the April meeting, Councilman Quinlisk accused Rodrick of dragging the city back into a fight over religious liberties.

QUINLISK: This is setting up the town for yet another RLUIPA lawsuit. One that I don’t think he understands the scale of.

Mayor Rodrick insists the ordinance was not created to stop people from exercising their faith. But legal experts say the church can still challenge the ordinance in state or federal court by claiming the government had discriminatory intent.

And after fiery debate, the council members voted 4-3 to pass the measure. It’s up for a second and final reading next month.

In a letter to her congregation after the vote, the church’s rector Lisa Hoffman assured members that the church was not for sale. New Jersey Bishop Sally French condemned the council’s move, saying she was saddened to see officials prioritize pickleball over helping those in need. Since the meeting, a petition created by the church has received more than 8,400 signatures and a GoFundMe has raised more than $21,000 for the church’s legal fees.

The vote comes as the church is seeking approval to build a homeless shelter on its property. That request has drawn months of public debate as residents have questioned the safety of a shelter located in a residential neighborhood.

George McAuliffe lives in Toms River, and recently attended yet another zoning board meeting to discuss building the shelter.

MCAULIFFE: The homeless crisis in Ocean County cries out for a comprehensive solution which includes more affordable housing, shelter, mental health and drug addiction counseling. But organized together and located in a place that does not disrupt the entire community.

Christopher Goble spoke at that same meeting to advocate for the shelter. Unlike most of the attendees, Goble doesn’t not have an address in the township. Instead, he is part of the homeless population in the area.

GOBLE: I initially planned to come here tonight with statistics and numbers but I quickly realized it wouldn’t matter. The truth is that there are people in this room that don’t even believe homeless people are people.

But with the threat of eminent domain looming, the church is struggling to see its plans through.

Harvey York is a lawyer representing the church in its fight to keep their land. He believes the ordinance is direct retaliation for the church’s plan to house the homeless. He pointed to the township’s history of discriminating against religious institutions as evidence.

YORK: Now they’re going after the Christ Episcopal Church because the church is doing what churches do - providing for the homeless, the needy, and those who desire help.

As the church awaits the zoning board’s decision next week, York said he is hopeful the request will pass. And if it does not, he has advised the church to file a lawsuit seeking a court order to build the shelter anyway. In regards to the eminent domain ordinance, York is optimistic.

YORK: I am hoping that one of the four council people who voted to approve the ordinance on first reading will change their mind, and there will not be enough votes to proceed.

Reporting for WORLD, I’m Lauren Canterberry.

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