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July 8, 2013

Re: New Jersey Supreme Court Orders New Trial in Harvey Cedars Dunes Case

Dear Mayor,

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 epurcell@njslom.com 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.
Executive Director

 

 

 

 

 

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