New Jersey Appeals Court Sides With Homeowners On Value Of Ocean View
April 11, 2012 | Comments Off on New Jersey Appeals Court Sides With Homeowners On Value Of Ocean View
Posted by Paul H. Schneider
The Appellate Division of New Jersey Superior Court upheld a jury’s award of $375,000 to a Harvey Cedars couple whose ocean view was blocked by a twenty-two-foot high sand dune constructed as part of a Long Beach Island (LBI) beach replenishment project. The Borough of Harvey Cedars condemned an easement allowing the Army Corps of Engineers to cover one-third of the oceanfront lot with a dune that will eventually run the length of LBI. Harvey Cedars contended that because the dune will protect the home from the destructive impact of hurricanes and nor’easters, it conferred a “special benefit” on the property that should offset the compensation to be paid to the homeowners for condemnation of the easement and the resulting loss of their ocean view.
In Harvey Cedars v Karan, both the trial court and Appellate Division decided in favor of the homeowners. While the courts found that the property would benefit from the storm protection provided by the new dune, they noted that this benefit is not unique or “special” to this particular property. Rather, the purpose of the beach replenishment project is to protect property throughout LBI, oceanfront and non-oceanfront alike. Because the dune will provide a general benefit to property owners throughout LBI, the courts determined that the dune is not a “special benefit” to this one property that would justify a reduction in the compensation Harvey Cedars must pay for the easement.
New Jersey’s courts are often unsympathetic to the rights of property owners in situations where governmental regulation severely restricts their ability to develop their property, and hence severely reduces property values. However, in cases such as this, where there is a physical taking or invasion of private property, courts tend to be more favorable to private property rights.
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