The Press of Atlantic City reports that Long Beach Township intends to use eminent domain in its forthcoming beach replenishment cases involving oceanfront properties within its boundaries. However, unlike its neighbor – Harvey Cedars – Long Beach will apparently be seeking to avoid trials in New Jersey Superior Court, where property owners have received just compensation as due under the New Jersey Constitution. The Township hopes to adjudicate its takings cases in federal court.
The article says that Long Beach Township Mayor Joseph Mancini believes that the federal courts will look “more favorably” on the beach replenishment project. Apparently what the Mayor means is that the federal courts may accept the municipality’s argument – already rejected by New Jersey trial and appellate courts – that property owners aren’t entitled to any compensation because the beach replenishment program provides a “special benefit” to those property owners.
Photo courtesy http://en.wikipedia.org/wiki/Long_Beach_Township,_New_Jersey.
- Appeals panel awards Ocean County couple $375K in sand dune replenishment dispute (nj.com)
- New Jersey Farmer Growing More Dedicated in Fight Against Eminent Domain (njcondemnationlaw.com)
- South Jersey Crews To Start On New Beach Replenishment Project (philadelphia.cbslocal.com)