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Community Corner

Toms River Begins 'Calling Out' Easement Holdouts

Signed easements needed for major Army Corps of Engineers project to begin

A week after the May 1 deadline passed for all easements to be signed for a substantial federal dune replenishment project along the Jersey Shore, Mayor Thomas Kelaher has started to "call out" Toms River property owners who have not cooperated. 

Gov. Chris Christie said at a recent town hall meeting that he would start "calling out" the property owners who did not sign easements for the project — Toms River is now following his lead. 

"The governor is calling out the selfish ones who care more about their views than the welfare of their neighbors, and that’s exactly what our next step is," Kelaher said in a news release.

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Following Superstorm Sandy, Toms River requested easements from about 35 entities along the ocean so that the U.S. Army Corps of Engineers can complete a major beach and dune restoration project from Manasquan to the Barnegat Inlet. Many holdouts still remain.

"We have thousands of residents waiting to rebuild their homes and start fresh, but many don’t want to start the process until they know the dunes are put in place this time," Kelaher said. "We’re done playing nice and politely asking for these signatures."

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At last count, Toms River had about five of the 35 easements signed, but expected more to be incoming through the end of April and into the beginning of May. 

In the news release, Kelaher so far named one individual, John McDonough, the owner of the Ocean Beach property on the barrier island where he leases homes, as a holdout.

The information also is posted to the township's website. Long Beach Township did so days ago, posting a list of holdouts to its municipal website

McDonough did not return Patch's requests for comment on the township's plan to name those who have not signed easements. But he appeared in an NJ.com video last month and gave his stance on granting the government the rights to complete the project. 

"I think we have a problem with giving private property to the government, and that's what you're asking us to do by giving it to the town or the Army Corps of Engineers," McDonough said in the video. "This is private property. We feel we know what's best to do with our private property and we're willing to pay for what's being done on our beach."

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.

Kelaher said those refusing to grant easements are committing a "total disservice" to those who live to the west.

"The failure to build dunes is a threat to other residents who want to rehabilitate their homes," the mayor said. "I’ve already spoken to the governor and we’re determined to take all necessary steps to enable the USACE to proceed with their project."

The dune project's design — which would include the construction of approximately 25-foot high dunes, 75 foot wide berms and 175 acres of dune grass in the project area — was completed in 2007, but has languished after some oceanfront homeowners refused to sign easements that would allow the work to be completed, and maintained in the future.

Officials have said that, had the Army Corps dune been in place, damage from Sandy would have been far less severe. 

Kelaher said other property owners holding out will be identified. Some, according to the mayor, are following McDonough's lead and are not "coming to the table" to discuss the easements until he does.

McDonough said in the video that it is "a matter of someone's opinion" whether storms like Sandy may become more frequent because of climate change, or are rare 100-year events brought on by a perfect set of conditions. He sides with the former. 

But Toms River officials said they don't want to take any chances. Township attorney Kenneth Fitzsimmons said at a Township Council meeting last month that municipal officials are preparing for other options should all of the easements not be signed. 

McDonough has offered to construct his own dune with his own money, but that structure would not be big enough to provide sufficient protection, according to the township. 

"The comparison can be made that if the Army Corp’s dune system is the size of a basketball, McDonough’s 'dunes' will be less than the size of a ping pong ball," Fitzsimmons said in a statement. "It’s just not going to be adequate enough to protect homes from further destruction."

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