South Jersey woman opts for mediation in eminent domain fight over her Whitesboro property

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A South Jersey woman whose 2.4-acre property in Middle Township has been the target for an eminent domain claim as part of a plan for a major housing development project opted to enter mediation during a court hearing Wednesday.

Dawn Robinson faces an eminent domain condemnation complaint that seeks to acquire a parcel of her land in Whitesboro for a housing project by NVR Inc, a private developer also known as Ryan Homes.

During a show-cause hearing in Cape May County Superior Court, Judge Susan Sheppard asked Robinson if she wanted to try and resolve the matter with a court-appointed mediator. Initially, she declined.

Robinson told the judge she had filed ethics complaints with the State Ethics Commission against individuals associated with the project, and she asked the judge to pause the proceedings until a ruling on the complaints was issued. Judge Sheppard said the complaints filed with the commission were a separate issue, and the eminent domain condemnation complaint would move forward.

When the judge again asked Robinson if she wanted to try to settle the matter with mediation, James Maley, a partner at Maley Givens, the firm representing Middle Township in the condemnation proceeding, indicated that a valuation settlement other than a financial payment could be discussed in mediation. When the judge asked what that meant, Maley said there were other lots outside of where the housing project is being proposed, that might be a suitable transfer. At that point, Robinson said she wanted to enter into mediation.

‘I would love to keep my land’

During an initial show-cause hearing in early May, Robinson told the judge the housing development plan can move forward without her property.

“They could build around me,” she said at the time. “I would like to keep my land, I would love to keep my land and develop it myself. I bought this land from the township. They didn’t tell me there was an expiration on it.”

While eminent domain allows the government to take someone’s property for a public-use project, like building a school or expanding a highway, local officials must offer proof the seizure is needed for a legitimate public purpose.

Maley had argued during the first show-cause hearing that the plots of land being taken for the housing project were tiny. He told the court they were given to people 100 years ago as part of a newspaper promotion.

During the hearing in May, Robinson told the judge she was offered $47,000 for her property, only $7,000 more than she paid for the land in 2003.

Robinson said she originally owned two lots, but years ago the township split one of them in half, so technically she is now the owner of three parcels of land. The Whitesboro community has a history of flawed and inconsistent property records and boundary line disputes.

Case proceeds to mediation

After the Wednesday hearing, Robinson said she will keep an open mind when the mediation proceeding takes place.

“I would be satisfied with me really keeping my land, if they gave me that swap-out, I may go for that,” she said.

She said she hopes to be able to get legal representation before the mediation session.

“Because I’m not a lawyer, and I feel good when I get in that courtroom, [but] it’s a little different for me,” she said.

Robinson added she believes that serious ethics infractions have taken place, and they need to be addressed.

A date for the mediation proceeding, which is held in private, was not announced. If an agreement is not reached in mediation, the case will return to court.