Oceanfront homeowners on LBI sue over town taking their property for dunes
“In the ongoing battle over how far government can go to build protective beach dunes in New Jersey, a group of oceanfront homeowners in Long Beach Township has sued the town over what it says is an illegal taking of property as a major beach replenishment project nears.
The homeowners, mostly in the affluent section of Loveladies, contend the town based its actions on a law that doesn’t apply to their situation and took portions of their property without their knowledge.
Long Beach Township, on the cusp of getting a long-awaited beach replenishment work, has fought with and cajoled residents for the past several years to sign over easements for the work. These takings represent some of the last pieces needed for the project to start.
“These are permanent takings and they’re pretty substantial takings,” said attorney William Ward, who represents the six sets of homeowners.
Ward says the town relied on the Disaster Control Act to take the parcels when it should have followed the requirements of the Eminent Domain Act. He said the Disaster Control Act, adopted after the Great Storm of 1962 sliced Long Beach Island in half, only applies immediately after a disaster – not two years later.”
Spoto, MaryAnn. NJ.com 20 November 2014.