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For Immediate Release:  
For Further Information:
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October 13, 2006  
Lee Moore
609-292-4791

Office of The Attorney General
- Stuart Rabner, Attorney General

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State Lawsuit Seeks to Clear Path for Coastal Protection Project on Long Beach Island;
Surf City Property Owners Sued to Ensure Access for Beach Replenishment
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>> LBI Complaint (609k pdf) plugin
>> LBI Brief (1mb pdf) plugin
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TRENTON – Attorney General Stuart Rabner announced today the filing of a lawsuit seeking state access to private beachfront properties in Surf City, Ocean County, to enable the progress of a major coastal storm protection project that will ultimately encompass all of Long Beach Island.

Filed today with the Chancery Division of the New Jersey Superior Court in Ocean County, the complaint contends that five beachfront property owners who have refused to permit state access to their properties are hindering – and potentially jeopardizing future funding for -- an important erosion control and shore protection project along the Long Beach Island coastline.

The beach fortification project is expected to enhance sand dunes on 25 private, oceanfront properties in Surf City and enhance sand dunes and the flat beach on municipal property. To date, 20 private beachfront property owners in Surf City, as well as the municipality itself, have agreed to cooperate with the project, while five remaining property owners – the defendants -- have refused.

Access to the five properties at issue – as well as other Surf City properties whose owners have already signed easement agreements allowing access -- is needed to enable the Department of Environmental Protection (DEP) and the U.S. Army Corps of Engineers to commence the 17-mile beach nourishment and replenishment project along the coast of Long Beach Island. The project involves extracting sand from the bottom of the ocean and using it to build up existing dunes, as well as to widen the existing “flat” beach to guard against future erosion.

“Seeking access to privately-owned beachfront property in Surf City is important to preserving our beaches and protecting the public safety,” said Attorney General Rabner.

The state lawsuit notes that, throughout its history, Long Beach Island has been hit by periodic coastal storms such as hurricanes or nor-easters that have ravaged beaches and breached protective dunes. These infrequent but devastating storms have resulted in drowning deaths and the loss of hundreds of homes in Long Beach Island communities, as well as hundreds of millions of dollars worth of non-residential property damage.

The state contends that the defendants are maintaining their properties in a manner inadequate to protect Long Beach Island and its residents from the high risk of storm damage, and have unreasonably failed to abate this nuisance by impeding the progress of a public project that is essential to protect all of Long Beach Island.

“Over the years, we have learned important lessons about the critical role properly maintained beaches and dune systems play in the protection of property and lives,'' said DEP Commissioner Lisa P. Jackson. “Each year, the state allocates tens of millions of dollars toward beach restoration efforts because of the huge public benefit beaches provide in terms of protecting property and providing enjoyment to all of us. No individual property owner has the right to put himself ahead of the public's interest.''

Ultimately, the beach replenishment project is expected to create fortified beaches in four other Long Beach island municipalities including Long Beach Township, Harvey Cedars, Ship Bottom and Beach Haven. After the Surf City beach replenishment phase is complete, the project will likely continue in the adjacent town to the south, Ship Bottom. Work in Ship Bottom could begin as early as this year, provided that the necessary funding remains after completion of the Surf City portion, and the necessary easements are acquired. The state and the borough of Ship Bottom are actively attempting to acquire these easements.

>> LBI Complaint (609k pdf) plugin
>> LBI Brief (1mb pdf) plugin

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