Mayor: Exercising Eminent Domain for Dune Project Puts Township at Risk

“Eminent domain may not be an immediate option for Toms River in securing the easement rights from beachfront property owners to complete a substantial federal dune replenishment project.

With the decision in a Harvey Cedars eminent domain case heard by state Supreme Court still forthcoming, Toms River officials don’t want to subject the township to potential costly litigation. The property owners there were awarded $375,000 when a dune was constructed and blocked their view.

“The township would be legally eligible to do that,” he said. But, as the Harvey Cedars case shows, it is a legal and financial risk that Toms River—which just introduced its first post-Sandy budget—cannot afford right now.

U.S. Rep Jon Runyan (R-3) wrote to the mayors of a number of northern Ocean County municipalities in March urging them to secure all necessary easements for the massive dune and beach project by May 1, the date the Army Corps of Engineers must submit a work plan to Congress.

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Kyriakakis, Gregory. Toms River Patch 31 May 2013.

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