Description: Condemnation actions seeking to take interests in private property for coastal protection projects.
State of New Jersey v North Beach 1003, LLC
Filing Date Type File Action Taken Summary 06/22/2017 Opinion Download Affirm the trial court's final judgments finding that NJDEP properly exercised its power of eminent domain and appointing commissioners to determine value of takings. New Jersey Appellate Court Affirmed State Authority to Take Easements for Coastal Protection Projects. The New Jersey Appellate Division ruled that the New Jersey Department of Environmental Protection (NJDEP) had authority to condemn private property to take perpetual easements for shore protection purposes and that the easements could allow public access to, and use of, the areas covered by the easements. The court held that NJDEP had acted within its authority when it acquired property interests to construct a dune and berm system along Long Beach Island and along 14 miles of coastline in northern Ocean County after Superstorm Sandy.