Politics & Government

After Dune Judgment, Toms River Ready to 'Move On' With Beach Replenishment

Toms River Mayor Thomas Kelaher "happy" with state Supreme Court decision

Toms River Mayor Thomas Kelaher said that the recent state Supreme Court decision reversing the hefty monetary award in a Harvey Cedars oceanfront view case could lead the way for protective dunes in town.

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 in order to allow a dune replenishment project to move forward.

“I’m happy to note that the Supreme Court reversed the $375,000 compensation previously awarded to the Karans, and has remanded the case to the trial court for a new hearing,” Kelaher said in a news release.

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The ruling remanded the case back to an Ocean County trial court and ordered that the special storm protection Phyllis and Harvey Karan's home received from the project must be considered when a value for the easement is assessed.

Kelaher is “optimistic” that the ruling will allow Toms River to initiate condemnation proceedings against those barrier island property owners who have so far declined to sign easements allowing a substantial U.S. Army Corps of Engineers dune replenishment project, according to the news release.

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Eminent domain proceedings were too risky of an option without the court's ruling, Kelaher has said, and could have put the township at risk of legal action

The Karans, after the borough took the small easement, claimed the 22 foot-high dunes blocked their ocean view and diminished the value of their property. Harvey Cedars officials argued that the Karans' property value remained nearly the same since the loss of view was tempered with increased storm protection. However an Ocean County trial court judge ruled that the potential value of the storm protective measure—what is known legally as a "special benefit"—was not to be considered by the jury.

Writing for the majority, Justice Barry T. Albin said the jury should have been instructed to consider whether the Karans received a special benefit through the replenishment project before they were awarded $375,000 for the taking of land.

"The trial court’s charge required the jury to disregard even quantifiable storm-protection benefits resulting from the public project that increased the fair market value of the Karans’ property," Albin wrote. "In short, the quantifiable decrease in the value of their property—loss of view—should have been set off by any quantifiable increase in its value—storm-protection benefits."

"The Karans are entitled to just compensation, a reasonable calculation of any decrease in the fair market value of their property after the taking," Albin continued. "They are not entitled to more, and certainly not a windfall at the public’s expense."

“The existence of that award was a stumbling block for us completing our easements. Presently, we’re in touch with real estate experts who will be able to guide us going forward regarding ‘just compensation’ for oceanfront properties,” Kelaher said in a statement.

The mayor said that property owners holding out on signing easements in anticipation of a large compensation may now be awarded $200 to $300 if a dune is built. Currently, the township said that “most” property owners on the barrier island have signed easements, though holdouts still remain.

“We can now move on to our beach replenishment project and ensure adequate protection for the barrier island,” Kelaher said.

Toms River officials have repeatedly said that, had the protective Army Corps dune been built when Sandy struck, damage from the storm would have been far less severe.

With reporting by Patch Senior Field Editor Daniel Nee. 


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