Posted on April 14, 2016
By Andy Polhamus, NJ.com
A Superior Court judge ruled Monday that the state government can use eminent domain to seize property for a protective dune in the city of Margate, according to news reports.
Moreover, the decision is the second ruling in less than a month regarding the state’s use of eminent domain for beach protection projects.
In October, the state filed an eminent domain action against Margate to get an access easement that would seize 87 lots owned by the city. Margate resisted the action, however, with officials saying they preferred a wooden bulkhead to protect against storms. The city had already battled with the state over the plan for large sand dunes, saying the projects would eat up the width of the town’s beaches.
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