March 29, 2011
Attention:
New St. Mary’s Cemetery, located at 515 W. Browning Rd. Bellmawr N.J., and has been “selected” as key site for the New Jersey Department of Transportation’s plans to rebuild the route 42/295 interchange. NJDOT’s plan to rebuild this infrastructure will encroach on the cemetery indefinitely. Many of the mausoleums and crypts will be within a stones throw of 295. According to cemetery staffers, only a 20 ft. retention wall will be between our deceased loved ones and Jersey Shore traffic. As you may imagine, this is extremely unacceptable and more importantly illegal.
According to the diocese of Camden attorney Drew Kapur, “If they, ultimately, found to have satisfied all of their statutory prerequisites or requirements, there’s nothing that the diocese can really do to knock the Department of Transportation off stride if they don’t want to be knocked off stride.” After speaking with Larry Reader, Director of Temporal Services of the Camden Diocese, there is lacking a sense of due diligence in terms of the diocese putting a halt to this illegal action of the state.
Essentially, the provenience surrounding this issue is the formula of eminent domain or condemnation. NJDOT is in the legal process of being allowed to gain access and, ultimately, ownership of private property.
As it turns out, a similar case was examined in the courts of Camden County in 2000. The case was against the Camden County Improvement Authority. The CCIA was attempting to acquire property in Pennsauken, NJ that belonged to a religious sect. The CCIA was not granted land acquisition due to the violation of the RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT OF 2000. The court deemed that the United States and New Jersey constitutions were in violation. In addition, the courts citied the First Amendment that challenges the governmental takings of property used for religious purposes.
The NJDOT will need to acquire 6 acres of St. Mary’s cemetery’s property in order to carry out plans for the highway merger, thus infringing on US and NJ constitutions. This encroaching road project is illegally being planned and violates laws.
Upon parting with loved ones we should feel confident that this country will be free of unethical treatment of our beloved ones who are supposed to be at peace without desecration. Please join in the fight against this illegal acquisition.
Sincerely,
Mark A. Musumeci
