Judge Allows the Acquisition of Beach Parcels in Margate
A U.S. District Judge is reportedly allowing the Army Corp of Engineer's beach replenishment project in Margate to move forward. However, the judge told the state Department of Environmental Protection (DEP) that they must give property owners in the city the chance to challenge the state's taking of easements, according to NJ.com.
At issue was the way the DEP went about acquiring the partials of land. The department did not use eminent domain but an administrative order that defense lawyer's said violated Margate's right to due process.
In her ruling, U.S. District Judge Renee Marie Bumb warned the state that she would intervene if they didn't follow proper procedures to obtain easements. The ruling allows the Army Corp to award a contract for beach replenishment work on Absecon Island.
Margate officials take issue with the DEP's plans to build 25-foot high dunes, saying it would greatly reduce the size of its beaches. They also believe its bulkhead system will protect them from future storm damage.