State court to hear arguments from Shore oceanfront homeowners on eminent domain
A State Appellate Court consisting of three judges will hear appeals from residents along the Ocean County coastline whose oceanfront properties were seized via eminent domain by the New Jersey Department of Environmental Protection.
The court will listen to arguments on May 2 at 9 am at the Veterans Courthouse in Newark to voice opposition to the 2016 Superior Court ruling allowing the NJ DEP to possess privately owned beach front property via eminent domain.
The DEP had put a plan together last year to build up shore dunes.
Ocean County Superior Court Judge Marlene Lynch Ford concurred with the NJ DEP who wanted to take the privately owned homes to build dunes by the waterfront, which goes against the wishes of those property owners.
In the ruling, Ford said, "The right of the DEP to acquire property by condemnation to support shore protection projects and public access has long been recognized in this jurisdiction."
Attorneys for the homeowners (McKirdy & Riskin law firm of Morristown, N.J.), felt the DEP didn't have the legislative power to make such a decision and that served as an unfair ruling for those property owners.
Arguments will be heard May 2 from homeowners in Point Pleasant Beach, Brick, Mantoloking and claims by property owners in Bay Head and in Loveladies on Long Beach Island in addition to similar owners in Ocean County.
More From WOBM: