July 8, 2013
Re: New Jersey Supreme Court Orders New Trial in Harvey Cedars Dunes Case
The New Jersey Supreme Court issued its ruling today in Harvey Cedars v. Karan (See our May 8 Dear Mayor letter) ordering a new trial to determine the appropriate "just compensation" to a property owner for an easement to construct dunes in front of that property owner's property. In ordering a new trial, the Supreme Court required that in determining such compensation the jury must take into account the reasonably calculable benefits to a property from the construction of dunes and not just any lost value from the obstructed view resulting from the dunes.
The Court further determined that a general benefit to the community from such dunes does not remove the value to a property owner of the special benefits to that particular property resulting from the shielding of that property from destruction as a result of the dunes.
This is a significant decision and of great assistance to local governments and our taxpayers. The Court, while assuring just compensation to home owners, has established a reasonable and workable means to determine the compensation. A copy of the decision is available at: http://www.judiciary.state.nj.us/opinions/supreme/A12011HarveyCedarsvKaran.pdf
Questions can be directed to League Staff Attorney Ed Purcell at firstname.lastname@example.org or at (609) 695-3481 x137.
Very truly yours,
|Janice S. Mironov, President,
New Jersey State League of Municipalities,
Mayor, East Windsor Township
|William G. Dressel, Jr.