Holzapfel-Wolfe-McGuckin Easement Bill Affords Protection to both Communities and Homeowners
WASHINGTON, D.C. – July 12, 2013 – (RealEstateRama) — Following a recent state Supreme Court ruling which struck a blow to residents resisting state efforts to construct property protecting sand dunes along beachfront properties, Sen. Jim Holzapfel and Assemblymen Dave Wolfe and Greg McGuckin today reiterated their call for action on legislation they sponsor which they say strikes the right balance between vital beach replenishment projects and fair compensation for homeowners.
“If Sandy taught us anything it’s that sand dunes provide a successful line of defense against storms,” said Holzapfel, R-Ocean. “The entire town of Mantoloking was pretty much destroyed because they lacked dunes, however, Midway Beach in Seaside Park was left virtually untouched because it was protected by a strong dune system. Our only interest is in protecting our towns and its residents from potentially life-threatening and costly devastation going forward. We hope our colleagues in both Houses will take immediate action on this legislation.”
Noting a recent media report in which Brick Township officials have given 63 easement holdouts until August 1 to grant access to their property before they declare eminent domain, the 10th legislative district lawmakers said they understand the concerns of the holdouts, but noted that the dunes are necessary for the greater good.
“Safeguarding our communities and our natural resources is the responsibility of government and its citizens,” said Wolfe. “Many beachfront homeowners support the construction of dunes because they know they are necessary to protect their property. This bill provides an equitable balance between their rights and the need to keep all residents from harm.”
“We understand that beachfront owners enjoy their view of the ocean, but this is a public safety issue,” said McGuckin, R-Ocean.
Gregory McGuckin
“Our measure will ensure that homeowners are fairly compensated for allowing the construction of dunes on their property which will benefit entire communities. As legislators it’s our responsibility to provide for the best interests of all residents, not just a few.”
The bill, A-3896/S-2618, would supplement the state’s Eminent Domain Act 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. The bill would also provide 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.
