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The Climate Litigation Database

State of New Jersey v North Beach 1003, LLC

About this case

Filing year
2015
Status
Affirm the trial court's final judgments finding that NJDEP properly exercised its power of eminent domain and appointing commissioners to determine value of takings.
Docket number
A-3393-15T4
Court/admin entity
United States → New Jersey Superior Court Appellate Division (N.J. Super. Ct. App. Div.)United States → State Courts
Case category
Adaptation (US) → Challenges to adaptation measures (US)
Principal law
United States → State Constitutions → New Jersey Constitution
At issue
Condemnation actions seeking to take interests in private property for coastal protection projects.
Topics
, ,  

Documents

Filing Date
Document
Type
Topics 
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Search results
06/22/2017
Affirm the trial court's final judgments finding that NJDEP properly exercised its power of eminent domain and appointing commissioners to determine value of takings.
The New Jersey Appellate Division ruled that the New Jersey Department of Environmental Protection (NJDEP) had authority to condemn private property to take perpetual easements for shore protection purposes and that the easements could allow public access to, and use of, the areas covered by the easements. The court held that NJDEP had acted within its authority when it acquired property interests to construct a dune and berm system along Long Beach Island and along 14 miles of coastline in northern Ocean County after Superstorm Sandy.
Decision
–

Summary

Condemnation actions seeking to take interests in private property for coastal protection projects.

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Group
Topics
Policy instrument
Risk
Economic sector
Adaptation/resilience
Finance