Like
most eminent domain and land use attorneys in New Jersey ,
I’m following the current New Jersey
These
are the starting points when considering the acquisition of shore owner’s
private property to install dunes. Is
the property private? Yes. Is the plan to install dunes a public use? Again probably yes. Are we dealing with an entity with the power
of eminent domain? I’d again have to say
yes, although at this point we don’t know who the taking entity will be. These are simple questions that go a long way
to framing this issue.
Sadly
and unfortunately, the issue is being framed as one of selflessness on the part
of the shore owners. These owners have a
legal and legitimate private property interest in their lands. The State may in fact have a legitimate
interest in protecting the overall public by constructing a dune system. With all that being said, what the State does
not have is a legitimate interest to require
these property owners to freely
donate their property. Neither Federal
nor State law requires that from any landowner.
As stated by Judge Learned Hand, “nobody owes any public duty to pay
more than the law demands.” If a few
landowners choose to do so, great for them.
But any attempt to pressure landowners to donate their private land when
the law does not require so, is nothing more than a land grab meant to
circumvent existing Federal and State law disguised as civic
responsibility. And I’m sure Governor
Christie, a lawyer, knows as much. Based
on a recent poll, a majority of shore residents also believe this to be the
case.
Steven E. Taylor
Taylor Law Firm, LLC
www.TLF-LLC.com
