Legal TREND. Hurricane destructions leads to Eminent Domain. Homeowners head to Court Against Beach Rebuilding.

After Hurricane Sandy, New Jersey Governor Chris Christie signed an executive order permitting eminent domain to rebuild New Jersey’s lost shore line.

The New Jersey Department of Environmental Protection bought easements with the backing of eminent domain to rebuild the shore.

Who is suing the State of New Jersey?

  • Property owners claiming that the state did not good faith to negotiate fair value prices for their homes
  • Several towns also sued the state, claiming existing bulkheads and rock…

Local Government Drops Eminent Domain. Works Deal. 3 takeaways from the Deal.

What local government wanted to use eminent domain? Garden City Utah wanted to take land from 11 property owners to create a public access point to a lake

The city agreed to drop eminent domain proceedings in exchange for? The subdivision agreed to create a public walkway to provide lake access

What 3 goals were accomplished with the deal?

  • home owners kept their privacy
  • town residents and visitors have added access to Bear Lake
  • the town’s population tourism numbers increase

KSL.com…

Techie Buys Beach Front Property. Surfers Want Beach Access. Coastal Commission Steps in with Eminent Domain. Plot for Point Break #3 Develops.

Techies, Surfers and a state agency? Yes, a founder of Sun Microsystems bought 89 acres of beach front property sorth of Maverick’s. It could also be the plot to Point Break #3.

Had surfers had access to the beach before his purchase? yes.

How did the state lands commission get involved? 

  • It began with criminal charges agaisnt the surfers, with video tape evidence of the alleged trespass.
  • The criminal charges go away.
  • The State Lands Commission stesp in to negotiate access.
  • The…

Comptroller's Eminent Domain Data Base Getting Attention

Wharton area residents are reciving information on Comptroller Hegar’s legislative enacted Eminent Domain transperancy data base set to go online soon. 

Wharton Journal Spectator | New law promotes transparency for eminent domain

Comptroller Eminent Domain Transparency Project

What Happens when the Feds & a State Join Forces to Condemn City Owned Property

The Feds are using eminent domain? Where? The EPA supports  condemning  87 pieces of city owned property in Margate, New Jersey as part of Governor Christi’s Dune Protection Plan.

Any fireworks from Governor Christi? Yes, he called the city “selfish” for opposing his state beach protection plan

How do the Feds tie into this? Funding for the beach protection is coming from the $3.5 billion Hurricane Sandy aid bill

Philly.com | Margate, state argue over dune plan in court

Legal Trend: Eminent Domain at the Beach.

Background:

  • Gulf Breeze, Florida has a 50 foot wide, 15 feet long parcel that has been used fror beach access
  • The town wants to allow continued beach access, as it has for 50-60 years,  and seeks eminent domain
  • The 2 property owners involved counter and say that the city has failed to block access to private property

What the courts will look at:

  • Considering the long use of the property as beach acess, did the city acquire a legal easement?
  • If not, can eminent domain be used?

…

Legal Trend: 6 Month Beach Erosion Taking for Stormwater Drain. Ends with Big $ Win for Landowners.

Long Beach Township took property from 7 beach front owners for a storm water project. Long Beach Township asserts it did so because a state agency told it to do so. A natual reply as that explanation worked well with our parents as 9 year olds- so and so made me do it. 

The beach project was voided, a win for landwoners.  But, since an eminent domain qualifying project was involved, the state & local government were able to start accessing the property from day 1.

The landowners also…

Seizing a Billionaire Owned Land to Ensure Surfing Lives

Surfing is to Californians like guns are to Texans. You don’t mess with it. A California billionaire tried to block surfers from accessing killer waves off the coast of San Mateo County. It set off a fight.

The Californai Legislature, Courts, and now the California Lands Commission have all attempted to settle the disupted beach access. 

The California Lands Commission is mulling over using eminent domain to seize the surfer paradise from the billionaire. In 77 years, the C…

Surfers Blocked from Beach. Eminent Domain on the Horizon.

The California legislature sought to find middle ground over public beach access through a California billionaire’s property. The courts sided with the surfer’s right to beach access. The legislature sought the more peaceful resolution for the billionaire- negotiation. Governor Brown agreed and signed the bill. But if negotiation fails, eminent domain is back on the table. A billionaire wants to keep his beach private. Surfers want to surf.

Never ending circle between the courts an…