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July 28, 2014

The War On Property Owners Refusal To Execute Easements For Sand Dunes Are Heating Up Down The Shore

Several municipalities located along the Jersey Shore are putting pressure on various property owners to grant easements to permit dunes to be constructed on their properties.  By way of example, Long Beach has publically posted names of several homeowners who they believe have inappropriately refused to execute the easements.  Toms River has expressed the fact that they will assert continual pressure on residents who have not executed easements.  Municipalities seek to construct these dunes in order to protect the coastline and communities from storm damage.

On the other side of the battle, homeowners complain that the higher dunes could block their views of the ocean.  Other homeowners have concern over a potential taking of property without just compensation, contrary to the municipalities’ position that the dunes provide a public benefit and a benefit to the homeowner.  Some homeowners have concern that the grant of the easement could eventually result in the construction of restrooms, boardwalks and other public facilities on their land, despite the fact that municipalities have expressed that the easements only permit the construction of dunes.

© 2014 Giordano, Halleran & Ciesla, P.C. All Rights Reserved

About the Author

Afiyfa H. Ellington, Giordano Law Firm, Litigation Attorney
Associate

Ms. Ellington concentrates her practice in civil litigation with an emphasis on environmental and land use litigation and litigation of commercial disputes. Ms. Ellington conducts extensive legal research in support of clients' positions. She analyzes case law pertinent to a variety of legal disputes and prepares detailed memoranda regarding the viability of related litigation. Ms. Ellington prepares complaints, answers, motions, trial briefs and other legal pleadings in support of her clients' positions. Ms. Ellington represents clients before state and federal courts, as well as...

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