Toms River to bond $3.5M for eminent domain

“Revenue for eminent domain proceedings on Ocean County’s northern barrier island is expected to be increased by $3.5 million when the Township Council meets tonight.

However, Mayor Thomas F. Kelaher’s administration said it would not disclose the total amount of money set aside for eminent domain acquisition.

“In light of the fact that eminent domain involves litigation, the township is not commenting on the amount of funding set aside for the acquisition of the easements at this point,” said Township Administrator Paul J. Shives.

“Of the 40 private property easements needed, we have obtained 24 to date, leaving a balance of 16,” Shives said. “The township adopted an eminent domain ordinance authorizing eminent domain proceedings against those property owners who ultimately refuse to sign.”

After months of failed negotiations with those holdouts, the council passed an ordinance April 23, which was later signed into law by Kelaher, to acquire small strips of land by seizing it using eminent domain, according to the statement. Under eminent domain, the municipal government must still purchase the land that it seizes.”

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Larsen, Eric. Asbury Park Press 9 December 2013.