July 8, 2013
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 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.
The Hon. Janice S. Mironov, President of the State League of Municipalities and Mayor of East Windsor Township stated the following, "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. This will be of great assistance in our Sandy restoration efforts. "
For further information contact: William G. Dressel, Jr., Executive Director at (609) 695-3481, extension 122 or cell 609-915-9072.