Denville NJ Chicken Court

bdcunning1

Chirping
10 Years
Mar 6, 2013
45
4
74
Denville NJ
My wife and I went to court Friday Oct 24th and defended ourselves for 3 hrs against the charge we were farming on less than 5 acres with our 3 pet hens. Its in the Judges hands now and we are waiting for his decision. Are 3 hens farming or house pets? There are many excellent opinions and there is no right answer. I think we have a 50/50 shot at keeping them. House pet is undefined and subjective and therefore unconstitutional however he explained that he is a Municipal Judge and only a Superior Judge can make that call. That would require an appeal which could cost hundreds of dollars for a transcript.
 
What are you zoned? I am in NJ, we are on less than 5 acres but our zoning allows livestock. The right to farm and the tax reduction is 5 acres and a $2500 profit or if less than 5 acres you must show a $54,000. profit. Makes no sense but that is NJ. You can add land from another county/township in NJ and somehow, on paper, combine it with your property so you get over that 5 acre mark. NJ is so restrictive for land uses and the darn pineland protected areas. We found additional land but it either had to stay as wild or only cranberries or blueberries. Very stupid. Good luck in your fight!
 

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