Governor Chris Christie says he has no sympathy for those on the New Jersey shore who refuse to sign easements to allow for the building of protective dunes, and he plans on putting the pressure on them prior to the May deadline for compliance.
The reasons Christie will not be shedding any tears are many, and have been a subject of debate in NJ for decades.
Certain homeowners, businesses and private beach clubs are opposed to the development of protective dunes for mostly two reasons.
One objection by homeowners and businesses is that a dune that is constructed too high will block the ocean view which they consider intrinsic to the value of their home and/or business.
A million dollar home with a million dollar view might only be worth $750,000 – as exemplified in a court case where owners of a Jersey shore home won a court case for 375,000 after their view was obstructed by a new dune. For businesses, people being able to walk the boardwalk while gazing on the ocean view is considered essential to drawing tourists.
The issue of easements has been a hot topic of debate along the New Jersey shore for many years. A December 2012 article in the Absury Press details the history of homeowners and towns rejecting any effort to create protective dunes, and how this led many towns to suffer significant damage in the wake of Super Storm Sandy.
Now, with federal money once again ready to remedy the situation, some homeowners, beach clubs and businesses are continuing to stymie efforts intended to protect shore towns from further devestation.
It is not just million dollar views that are causing opposition, but also concern that accepting a federal bailout to protect private beaches from further erosion will subject beachfront property owners to enforcement of the Public Trust Doctrine.
As noted in this 2010 Oakland Journal article, the Public Trust Doctrine concerns the right of the public to access of the ocean shoreline. The Public Trust Doctrine guarantees that a person is free to walk the shoreline, but the present day problem being how one gets access to the shoreline itself.
New Jersey, North Carolina and Florida are three of the top beneficiaries of beach repleshment programs run by the federal government. As federal dollars continue to dwindle, there has become a greater concern among taxpayers that they are subsidizing the value, and enjoyment, of private vacation homes and private beach clubs.
New Jersey has minimal public access rules governing municipalities in the state. In 2010, efforts to increase practical access to NJ beaches was pushed back by Christie and replaced with a voluntary effort by towns. Christie’s generous reduction in public access regulations might be one of the reasons that the Governor is now refusing to shed a tear as individual enties continue to obstruct efforts to protect a public interest.
The overdevelopment of the New Jersey shore has been a subject of research dating back to the 1970s, and efforts to promote a holistic approach to beach erosion and management date back to Governor Tom Kean who proposed a commission to study the entire coast line of New Jersey.
The overhwelming destruction of Super Storm Sandy is now forcing Jersey shore municipalities, homeowners, and businesses to face the loss of millions of dollars in federal aid needed to protect the Jersey shore – or gamble the safety of an entire town on one homeowner’s million dollar view being only a $750,000 dollar view.
Links:
TheOaklandJournal.com/what-a-beach/
USA Today Article on NJ easements and beach protection
Public Comment on NJ Beach Access Rules
NJ DEP Letter concerning Easements