Appraisals of Dune Easement Holdouts' Land Underway

Toms River officials say appraisals of the value of oceanfront land owned by those who refuse to sign easements to allow a protective dune project to go forward are already underway.

"They are doing measurements for metes and bounds," said Mayor Thomas Kelaher. "Once we have the number of square feet, we're going to have the property appraisers come in."

The work comes a week after the township council passed a resolution authorizing the law firm of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis, Lehrer & Flaum, of Warren, to handle potential condemnation proceedings against holdouts.

The township has faced some criticism over the past week for appointing the firm, headed by former Republican Gov. Donald T. DiFrancesco, to complete the work, though Kelaher said the firm was already in a township legal pool, and the resolution simply expanded the scope of work the firm would be allowed to complete.

The firm will charge $195 per hour for attorney work and $75 per hour for paralegal work, according to a contract. The total amount of the work is not to exceed $75,000, the contract says.

Toms River, in order to receive the benefit of a federally funded dune renourishment project, must acquire easements allowing contractors to build dunes on privately-owned oceanfront property. While the owners of the property would retain the land, the easement would authorize the construction of the dunes and scheduled maintenance.

Officials say strong dunes would prevent ocean breaches, washovers and the resulting flooding in future storms. A breach in Mantoloking during Superstorm Sandy is blamed for the flooding of thousands of homes on Ocean County's northern barrier island as well as thousands more in mainland Brick and Toms River townships. Ocean washovers also severely damaged the township's Ortley Beach section during Sandy.

The township's case for condemnation was buoyed this summer when a $375,000 judgment against Harvey Cedars was thrown out by the state Supreme Court. In the decision, the court found that an oceanfront homeowner there should not have received a "windfall" for refusing to sign an easement. The replenishment project eventually went through in Harvey Cedars, and no breaches were reported on Long Beach Island.

Once township officials determine the potential value of easements, likely taking into account potential increases in value due to better protection, property owners and private beach association boards will be notified of the determination.

"If they take it, they're in the fold," said Kelaher. "If there's a fight over the value, we can fight that out in court when the time comes."

But the most important factor is that while court battles over valuations drag on, the township will retain possession of the land, meaning the replenishment can move forward, said Kelaher.

Township-owned beaches, such as those in Ortley Beach, and beaches in front of properties and associations that have already signed easements will benefit from temporary dune maintenance before the federal project, Kelaher said.

In a matter of days, work will begin to build those dunes, he said. The project is expected to be completed within 30 days.

One of the likely targets of condemnation proceedings will be John R. McDonough, owner of the Ocean Beach III property, officials have said.

McDonough has been outspoken about refusing to sign an easement.

"He's a major holdout," said Kelaher. "The only way we're going to get anything from him is by eminent domain."