Legislation Would Limit Condemnation Awards for Beach Replenishment

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Legislation Would Limit Condemnation Awards for Beach Replenishment

by Patrick J. McNamara on March 19, 2013

Beach replenishment efforts are needed up and down the New Jersey shoreline in the wake of Superstorm Sandy. In an effort to help municipalities gain easements for these projects, proposed legislation aims to limit condemnation awards to the owners of oceanfront homes.

The bill, S-2618/A-3896, would amend the "Eminent Domain Act of 1971” to provide that just compensation for an easement over a portion of beachfront property condemned for the purpose of dune construction or beach replenishment must include consideration of the increase in value to the entire property due to the added safety and property protection provided by the dune or replenished beach. It would also specify that any additional rights of the public to access property held in the public trust arising as a result of the easement, or the dune construction or beach replenishment, would not be considered to cause a diminution in the value of the entire property.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Patrick J. McNamara, Scarinci Hollenbeck, LLC | Attorney Advertising

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