Community Corner

About Half of N.J.'s Oceanfront Homeowners Have Signed Dune Easements

After court ruling, municipalities debating how to move forward

Nearly nine months after Superstorm Sandy hit the Jersey Shore, there's one number Bob Martin, the state Department of Environmental Protection Commissioner, has on his mind: 1,249.

That's how many easement agreements need to be signed by oceanfront homeowners along New Jersey's coastline before beach replenishment projects that will bulk up protective dunes can get off the ground coast-wide.

While replenishment projects in Ocean County's northern barrier island and Long Beach Island have garnered the most media publicity, similar projects are planned in Atlantic and Cape May counties.

In order for the projects to move forward, oceanfront homeowners must sign easements which would allow the dunes to be built and maintained partially on property that is privately owned. Some homeowners have refused to do so, saying the protective dunes would block their view of the ocean, or open to door to more public access to private beaches.

On Monday, the state Supreme Court threw out a $375,000 jury award given to a Harvey Cedars couple who claimed their oceanfront home lost value since their ocean view was blocked by the protective dune after the borough took their easement through eminent domain. The court ruled unanimously that the special benefit of protection must be considered when calculating fair value in such a taking. Harvey Cedars officials argued that the couple was owed just a few hundred dollars.

Though the ruling has improved the likelihood that municipalities will use eminent domain to take the slivers of land from holdouts, thus speeding up the process for the projects to begin, the fight for better dune protection could remain a long one.

Martin said the 1,249 holdouts represent "a little less than half" of the total number of oceanfront property owners statewide, about 2,500.

About 800 of the remaining 1,249 are in Ocean County, he said.

"The governor has made it clear," Martin said, speaking to reporters this week at the pavilion at Brick Township's public ocean beach. "We want the easements, we're going to get the easements, and we're going to build the shoreline."

Martin said the state will do "whatever is necessary" to get the easements from oceanfront homeowners.

Towns Ready to Do Battle

Officials in two of Ocean County's largest municipalities, Brick and Toms River townships, said this week that they were ready to begin eminent domain proceedings against holdouts.

“If any property owner or association has not voluntarily signed up for an easement through the township, we will immediately proceed with a condemnation action to obtain these easements,” Toms River Councilwoman Maria Maruca said.

In Brick, Mayor Stephen C. Acropolis announced his administration has set an Aug. 1 deadline for oceanfront homeowners to sign the easements or face condemnation. The township will be sending letters today to all who have not yet signed.

In Ship Bottom, the borough has erected an electronic sign on Route 72 at the entrance to Long Beach Island with a virtual easement countdown.

The sign flashed 11 this week (down from 38 just after Sandy struck), but Mayor William Huelsenbeck was hopeful two more were about to be signed.

"I think nine is the number where we hit a brick wall," said Huelsenbeck, adding that Ship Bottom officials, thus far, have been against going with the eminent domain option.

"We took the position that we weren't going to do that," he said. "Will we force that later on? With a few of these, maybe we will."

For Ship Bottom, the project also includes new beach entrances built at a 45 degree angle to the ocean, which would have been valuable during Sandy, the mayor said. The borough's current entrances, at a 90 degree angle to the ocean, acted as a funnel to channel ocean water onto local streets instead of against the protective dune.

"We can't get a 45 degree beach entrance without an easement, and we terribly need that," said Huelsenbeck. "I hope Congress doesn't look at us and eventually say, 'they're not going to sign, let's not give them the money.'"

That fear has also been on the minds of state legislators.

"With the ability to essentially stop beach replenishment projects in their tracks, easement holdouts provided members of Congress not representing a coastal state with a compelling and simple argument to derail federal beach replenishment funding," said the ninth district state legislators, Sen. Chris Connors and Assembly members Brian Rumpf and DiAnne Gove, in a prepared statement.

"In assessing  the overall damage caused by Sandy, it was readily apparent that those municipalities where beach replenishment projects were more recently completed were able to withstand the storm better than those municipalities in need of beach replenishment," the group said. "This is a testament to the overall success of the beach replenishment program, when projects are actually completed."

Assembly member Gregory P. McGuckin (R-Ocean), who represents Ocean County's northern barrier island, urged the passage of a bill he is sponsoring that would likely make it less costly for municipalities to take the easements by eminent domain. The bill would require that the increased value of a home due to the dune protection is taken into consideration and weighed against any loss of view when calculating compensation.

“We understand that beachfront owners enjoy their view of the ocean, but this is a public safety issue,” said McGuckin. “Our measure will ensure that homeowners are fairly compensated for allowing the construction of dunes on their property which will benefit entire communities. As legislators it’s our responsibility to provide for the best interests of all residents, not just a few.”


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