Harvey Cedars Taxpayers Association
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Related News Article from The Atlantic City Press
This article was taken from the Atlantic City Press Website
http://www.pressofatlanticcity.com/news/top_three/article_3f55ae60-e08c-11de-8bcd-001cc4c03286.html
HEADLINE: $480,000 assessment for dunes easement could end beach fills
Written By DONNA WEAVER Staff Writer | Posted: Thursday, December 3, 2009
HARVEY CEDARS — Mayor Jonathan Oldham said Thursday beach replenishment projects in New Jersey will end quickly if oceanfront homeowners are entitled to hundreds of thousands of dollars for easements needed to complete them.
A panel of condemnation commissioners awarded the owners of a Harvey Cedars oceanfront property $480,000 Wednesday as compensation for an easement needed for a $25 million beach replenishment project. The panel determined that was fair compensation for the loss of value in the property when a 25-foot dune gets built between their home and the ocean. The borough had valued the easement at $300. Oldham said the borough will appeal the ruling. Having to pay homeowners large sums for easements would add greatly to the cost of beach projects and discourage towns from seeking them, he said.
Martin Flumenbaum and Ruth Hochberger were awarded the $480,000 by a panel appointed by Assignment Judge Vincent Grasso to determine the value of the property the owners would lose when a 25-foot dune is built. Flumenbaum and Hochberger own a two-story home on East 83rd Street that is assessed at $2,674,200, according to Ocean County tax records. Their attorney contends they will lose an 8,500-square-foot portion of the property.
“I was surprised by the amounts. To go from $300 to $480,000 is ridiculous,” Oldham said “No matter what the rulings are, we’ll appeal and appeal until we can’t appeal any more.” The borough is in the middle of badly needed beach-replenishment project that began shortly after the Veterans Day northeaster that caused heavy erosion here and elsewhere along the coast. In February, Donald Molliver, an appraiser hired by the borough, valued eight easements at $300 each. The properties were condemned during the eminent domain process begun by the borough last July. A $25 million beachfill project started last month here, only after officials pursued eminent domain to obtain easements, granting access to complete the project to the state Department of Environmental Protection and U.S. Army Corps of Engineers.
“It’s the chance you take with eminent domain. We knew what the process was, going into this,” Oldham said. Attorney William Ward, who represents Flumenbaum and Hochberger, said Molliver testified there was no damage to the remaining property from the taking of easements. Appraiser Louis Izenberg of Parsippany, Morris County, testified on behalf of the property owners that $480,000 would adequately compensate for the loss of ocean view and damage to the property, Ward said. “We have always felt that the town did not do an appropriate appraisal of the value of the easement. The $300 appraisal was not made in good faith,” said Flumenbaum.
Flumenbaum said the effect on his home is significant because the dune that will be constructed in front of his home will dramatically cut off the ocean views from one full floor of his home, he said.
Oldham said it doesn’t make sense for oceanfront homeowners to receive large payouts for easements because they gain protection for their homes with beach replenishment. “This will really be about the whole island and all of New Jersey. If during the appeal process someone gets a large award, beach replenishment is over,” he said. Harvey Cedars and other shore towns frequently battle beach erosion like that caused by a four-day northeaster last month.
Ward said the biggest difference between the two sets of appraisals was that Izenberg argued that the loss of view due to the construction of a 25-foot dune would diminish the value of the property. “These dunes will impact the view, there’s no doubt about that. The real estate market recognizes the ocean and its value,” said Ward. If the borough exhausts its appeals and the award ruling stands, Harvey Cedars will have to pay out the money to the homeowners, according to Oldham. Ward said Harvey Cedars has 20 days from Wednesday, the date of the panel’s award, to file an appeal. Then the appeal will go to a jury trial on the value of the damages, he said. “The appeal will probably get docketed in January with a trial date probably set in May,” said Ward.
The Supreme Court heard a similar case Wednesday. Six homeowners in Florida’s panhandle are asking that the state be forced to compensate them for their property, which Florida law had long recognized as extending to the water line at high tide.
The Associated Press contributed to this report.
Nov. 12th -- Shot at 80th St, Harvey Cedars
YouTube Video - Nov. 12: Harvey Cedars during the storm
Storm Damage Photos from Nov 12th
BLVD Safety Info
Borough 'Open House' Held on Aug 27:
The borough held a town wide 'open house' to review the results of the County's Traffic Study of the Blvd. At the Borough’s request, the County did 2 additional traffic counts on the Blvd over two July weekends to make sure the Blvd Safety Study accounted for peak time traffic volumes. In reality, the actual weekend numbers were less than used in the previous model presented to the town. The County engineer presented the computer simulation of traffic with the actual peak numbers under the proposed changes, so property owners could see the actual roadway in action.
It is the intention of the Borough this fall, to ask the homeowners their opinion of the model and if you are in favor of the changes. As we have stated, the HCTA board is agreement with both the County and the engineering firm – this change is a much safer alternative to the current configuration, and only increases transit time through the entire length of town by 30 seconds, a trade-off we think well worth it. We don't think someone needs to be killed in an accident to affect change. We believe that after you see the model in action, you will agree as well. When your survey arrives from the Borough, please respond to it and let them know how you feel.
BLVD Traffic Study -- July 28th
The County has informed the HCTA that their contractor has entered the traffic count study information they collected the past two weekends in HC into their Traffic Simulation model. The traffic increase was around 20% each weekend. This is LESS than the maximum increase the County had programed in when they ran their original simulation. We are awaiting word from the Commissioners on how they will proceed and when they will present this information to the public. For more in depth information on this topic please click on the "Issues-Replenishment/Blvd Safety" page on our site.
On a happy note, we are glad to hear the 12 year old boy who was hit on the Blvd the weekend of July 18th weekend is fine.
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