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September 27, 2013

Re: Flood Hazard Mitigation-Executive Order

Dear Mayor:

The League would like to make you aware of two developments which will impact the implementation of the State’s Flood Hazard Risk Reduction Measures on the New Jersey Shore.

On September 25th Governor Christie signed executive order 140, which directs the Department of Environmental Protection (DEP) Commissioner and the State Attorney General to undertake Flood Hazard Risk Reduction Measures. More specifically, the order directs the DEP Commissioner to lead and coordinate efforts to acquire the necessary interests in real property necessary to undertake flood reduction measures. The order also directs the Attorney General to coordinate the legal proceedings necessary to acquire those interests. Text of the order can be found here http://www.state.nj.us/infobank/circular/eocc140.pdf .

This order comes after the plaintiffs in the Harvey Cedars v. Karan case settled for a $1 payment and payment of the cost of their legal fees. This settlement comes after the New Jersey Supreme Court issued a decision this past summer, which lowered the payments the plaintiff’s would have received for their property’s easement. This case sets a precedent that landowners, who hold out against flood reduction measures, will not receive a wind fall payment.

If you have any question please contact the League’s staff attorney, Ed Purcell Esq., at (609) 695-3481 x 137 or epurcell@njslom.org.

Very Truly Yours,

William G. Dressel, Jr
Executive Director

 

 

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