Officials: Dune Easement Holdouts Will Face Condemnation Proceedings

Property owners who do not sign an easement allowing for the construction of a substantial protective beach dune project by the end of July will face condemnation proceedings, Toms River officials announced.

The opinion issued Monday threw out a $375,000 jury award a Harvey Cedars couple received after a sliver of land in front of their oceanfront home was taken to for a dune replenishment project. Now, Toms River officials said they are eager for the U.S. Army Corps of Engineers project to begin to ensure protection should another storm like Superstorm Sandy strike. 

“I’m pleased to announce that the Township Council, in conjunction with the mayor and administration, are moving ahead with obtaining any and all easements,” council Vice President Maria Maruca said in prepared remarks Tuesday.  

The township plans to send letters to the property owners that have not yet granted an easement for the project. That letter will have a deadline to sign, which Maruca said will likely be the end of July.

The Harvey Cedars ruling is allowing Toms River to move ahead with eminent domain proceedings, which were too risky of an option before the court's opinion, mayor Thomas Kelaher has said.

“If any property owner or association has not voluntarily signed up for an easement through the township, we will immediately proceed with a condemnation action to obtain these easements,” Maruca said.

Further, officials said assurances given to those who sign easements—the township will not build on their property or grant public beach use, for example—will not be afforded to property owners who go through condemnation proceedings.

“If you’re not going to agree to sign an easement and we have to go to a condemnation proceeding, we’re not going to allow the same options,” said council President George Wittmann. “There has to be an incentive” to sign.

Township staff, attorneys and real estate experts are expected to meet on Friday to discuss the next steps in the project.

“I’m optimistic that some of the people who have refused to sign, some of these associations, will see the handwriting on the wall and will sign,” Kelaher said.

Maruca said that about 65 percent of the easements in Toms River’s oceanfront have been granted thus far.

The council is expected to introduce a resolution at its next meeting urging surrounding towns to take similar steps to secure the easements necessary to complete the Army Corps project.

“We need to do whatever is necessary to see that the dunes are constructed in a timely fashion. The benefit of these dunes and beach outweigh the loss of view, as their construction will provide protection for our residents for the foreseeable future,” Maruca said.

The project's design—which would include the construction of approximately 25-foot high dunes, 75 foot wide berms and 175 acres of dune grass from Manasquan to Barnegat—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.

“The benefit to this is not only the barrier island but also the mainland,” said Councilman Mo Hill. “If a storm like Sandy were to hit again, the damage would be minimal.”

Hill also said that the dunes could also have an impact on FEMA flood maps, potentially leading to lower insurance premiums for property owners.

“Now, I think we have a clear direction. We should go ahead and build the beach, build the dunes and get the Corps of Engineers in as soon as possible to begin the project,” Wittmann said.