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Time Running Out for Oceanfront Residents to Sign Easements

Mantoloking: litigation already being drawn up; Brick: confident easements will be signed

 

Two of the Jersey Shore towns most vulnerable to ocean breaches say the vast majority of oceanfront residents have signaled their intent to sign easements which would allow for a federal beach replenishment project to commence.

Holdouts in both municipalities could face legal action for holding up the project, however.

"We're down to five or six to go," said Mantoloking Mayor George Nebel. "I didn't expect to be this far along at this point."

Nebel said two homeowners in his small barrier island town have indicated they would not be signing easements.

In neighboring Brick Township, Mayor Stephen C. Acropolis said most of the township's beach associations - which control access to much of the oceanfront - have indicated they, too, would sign easements allowing for dune maintenance during a replenishment project.

Brick Township also has about 35 private oceanfront homeowners.

"We're talking to those people," said Acropolis. "I've talked to several of them on the phone and they said they have no problem signing the easement."

In Mantoloking, more than 120 residents have signed easements.

The easements allow federal government contractors access to small slivers of private residential property in order to build out protective dunes and maintain them once they are in place. In some communities, oceanfront residents have refused to sign the easements, saying larger dunes would block their view despite the protection they provide. Still other homeowners have argued that the easements could be used to build boardwalks and amusement parks in their backyards, though the easements express that they are only valid for dune maintenance.

The federal government has committed to funding a beach replenishment project between Manasquan and Barnegat inlets, but only after the easements have been signed.

Since Superstorm Sandy, the pressure has been on oceanfront residents to sign the easements, since ocean breaches have been blamed for causing extensive damage to barrier island neighborhoods as well as neighborhoods in mainland Brick Township after water rushed into Barnegat Bay and flooded lagoons on the western shore.

Acropolis has even suggested mainland residents sue oceanfront owners who do not sign easements, since they put mainland residents at a higher risk of flooding.

The two mayors have said both towns may impose deadlines for oceanfront owners to sign.

Nebel said a deadline will come "soon."

"I have great patience, and my patience is wearing very thin," said Chris Nelson, a Mantoloking resident who is serving as the borough's special counsel for storm cleanup issues.

Borough attorney Edwin J. O'Malley Jr. has already begun drawing up legal papers in reference to the matter, Nelson said.

"If you don't want to sign, then, well, you'll be litigating against the borough," said Nelson.

Acropolis said Brick Township is looking into its own deadline, and its attorney would file an amicus, or "friend of the court," brief in support of any action Mantoloking decides to take against its residents who do not sign the easements.

The project's timing may also hinge on the easements coming through in short order.

"We think we can move it very, very quickly if we have the easements in," said Nelson. "The remaining holdouts may get a call from Governor Christie, which would be interesting."

Sandy, Nelson said, provided proof that beach replenishment works - specifically on Long Beach Island, Ocean County's southern barrier island, much of which has been replenished.

"Look at Harvey Cedars, Long Beach Township, where they had replenishment ... the houses are still standing there and the dunes are still in good shape," he said.

But even if the easements are eventually all signed, there still may be issues getting the project off the ground, said Acropolis.

"The Army Corps hasn't said, 'if you have all those easements in place by a certain date, we'll start on the beach,'" he said.

In other words there is no set date on which the project will potentially begin, making it harder to set deadlines.

Acropolis did say that he favors petitioning the federal government to wait for the new dunes to be built before the federal government releases its final flood maps for both barrier island and mainland neighborhoods, saying the protective barrier could lessen flood zone determinations.

"They're going to come out with these new FIRM maps before this project may even be built," said Acropolis. "Down in Louisiana, they still don't have FIRM maps, seven years later [after Katrina]. That means their insurance wouldn't have gone up for six or seven years. They have to do that here."

About this column: News and essential information about Hurricane Sandy in New Jersey. Related Topics: Hurricane Sandy, Mantoloking, beach replenishment, and brick nj news

Frank James

6:34 am on Wednesday, February 27, 2013

Amen mayor , tell them to stop throwing everyone into flood zones . We bought our homes and they were not in flood zones based on "100 year" and "300 year" maps ,
now one freak storm and we're being screwed by the government .

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Kim E

2:38 pm on Wednesday, February 27, 2013

Join our fight against the new flood maps and rates. We are StopFemaNow.com
Come to our website and Facebook page .

Michael Rodgers

7:33 am on Wednesday, February 27, 2013

Although largely unpopular this appears to be a situation for the use of eminent domain. The property owners can either sign the easement or lose not all of their property, but that portion required to accomplish the goal. This would be for the greater good of the community.

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Brickresident

7:41 am on Wednesday, February 27, 2013

if those people dont wanna sign, When the next storm comes and they have their hand out, just pass them by. screw em.

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bayboat

7:47 am on Wednesday, February 27, 2013

I said it before, and the words are STILL choking on the way out...."Eminent Domain"

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Dr. Maureen Persi

7:47 am on Wednesday, February 27, 2013

I agree ,Michael,if there was ever an opportunity for the greatest good for the greatest number,the time has arrived.

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ap45

7:56 am on Wednesday, February 27, 2013

I have no doubt that Christie will use "eminent domain" in these cases because at this point the effect of not replenishing just isn't an option. I understand the concerns of oceanfront owners but not signing the easement is just plain irresponsible.

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Quaghogdigger

8:02 am on Wednesday, February 27, 2013

Why doesn't fema just strong arm 'em like the rest of us...Just fine them into submission for refusing to sign. Add a DM zone, (dune maintenance) to the cartoon maps, and if you are adjacent, or in the zone and refuse to sign, wham 25k a year fine for failure to comply.

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boromom

8:03 am on Wednesday, February 27, 2013

Clearly these people who will not sign is only worrying about themselves. The typical B.S. from a bunch of rich snobs that expects everyone pay for them. The same snobs who will complain they have to help the poor be able to afford health insurance...It's going to get to the point, no one will be able to afford health insurance, homeowners insurance, flood insurance, even auto insurance.

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SoylentGreen

8:52 am on Wednesday, February 27, 2013

It's very simple, you don't want to sign the easement, fine if your house floods next time you get zero money, period.

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Watchman

6:10 pm on Wednesday, February 27, 2013

Interesting name.Does it have anything with the movie of the same name?

A Resident

8:57 am on Wednesday, February 27, 2013

Do any of you know what the "easement" agreement says? Last I heard, it was giving up your property for life.

PS - within 2 years....this new beach will be gone and the ocean will be dismantling the proposed dunes. You can't simply add 100+ feet of sand out into the ocean and actually expect it to stay there.

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ap45

9:46 am on Wednesday, February 27, 2013

I have. They have re-written it several times to incorporate various requests by residents who also happen to be attorneys. It's extremely fair.

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Daniel Nee

11:20 am on Wednesday, February 27, 2013

A Resident: An easement, by definition, means one does not give up his or her land/property. It simply lets someone else use the land for a specific purpose - in this case, for dune maintenance.

The following letter (written by an attorney) appeared in The SandPaper, a local print weekly covering Long Beach Island, this week. It is a response to an oceanfront homeowner's previous letter where that homeowner went over the reasons why she refused to sign. It is very thought-provoking and contains a good deal of valuable information. It is worth a read:

http://thesandpaper.villagesoup.com/p/ship-bottom-holdout-s-last-letter-could-be-proverbial-last-straw/964533

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Watchman

6:39 pm on Wednesday, February 27, 2013

Dan the Man.Right on.That letter should be mandatory reading for all the holdouts.All they're concerned about is their view and their property values.After Sandy what the h--l do they think their property is going to be worth with little or no dune protection ?

Bob Sharkey

9:44 am on Wednesday, February 27, 2013

Why not build a jetty 1500 feet off the beach fron Sandy Hook to Cape May high enough to protect everyone. Then put Wind Turbines on top of it!

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Dennis

11:21 am on Wednesday, February 27, 2013

More money than brains! Sign the damn easement.

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PPNB

11:22 am on Wednesday, February 27, 2013

Very simple. Don't have the money to raise your house, walk away. No taxpayer money for buyouts or handouts. If you do not have the 100K you're not middle class anyway. New Rules: Pay your own way.

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Boose

2:45 pm on Wednesday, February 27, 2013

"If you do not have the 100K you're not middle class anyway" What exactly do you mean by this?

Brick Surfer

11:28 am on Wednesday, February 27, 2013

I guess my comments about losing the barrier island offends some people, since those comments are no longer posted. Now I know the audience here.

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Depmar

11:28 am on Wednesday, February 27, 2013

Their view vs. my house? No brainer. I would be happy to support any legal proceedings that may be brought against the homeowners who are unwilling to sign the easement agreement, but I hope it doesn't come to that. Working together for the good of the community is preferable to being adversarial.

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Kevin

12:07 pm on Wednesday, February 27, 2013

What are they doing in point pleasant beach? The ocean breached in so many places. Including the boardwalk areas. Arnold ave is a known breach point that needs dunes or a sea wall. Is jenkinsons gonna let that happen ? My house was flooded because of this.

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SoylentGreen

1:30 pm on Wednesday, February 27, 2013

The ocean did not breach, it was simply so high it spilled into the streets. A breach is were the ocean break through the land into another body of water and creates a canal. That did not happen anywhere in PPB.

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Kevin

6:26 pm on Wednesday, February 27, 2013

The ocean did rundown the streets and into all 3 lakes (2 of which are tidal lakes) Though the erosion was not so bad as in mantoloking. It still breached at the time of high tide. What ever you want to call it.....PPB needs dunes.....from the inlet all the way down

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boromom

6:41 pm on Wednesday, February 27, 2013

Kevin, It certainly did breach when the ocean meet the bay and the reason why so many flooded and still flood when it rains all the way in pt. boro.

PTMAST

12:37 pm on Wednesday, February 27, 2013

55 years on the open bay, and never have I thought this amount of destruction could spread so far into our adjacent neighborhoods, let alone throughout the Northeast. But living in the area most affected by the ocean's major breach, i cant help thinking such a tragedy could have been less severe if proper precautions and sacrifices were made. Thousands of homes were destroyed because mantoloking's insistence of open ocean views rather than protection of property which, in turn, caused unnecessary grief and despair for many innocent victims on the mainland. I have heard rumblings of a class action lawsuit by residents on the mainland. Now, when I hear Mantoloking property owners willing to pay for dune reconstruction of their neighbors, so federal government can't impose higher dune construction, I begin to see a selfishness I hadn't noticed before. Get your acts together and do the right thing, residents of Mantoloking!

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bob

2:50 pm on Wednesday, February 27, 2013

It was not "the residents of Mantoloking" but rather a small group of beachfront home owners with a lot of money that caused the Federal Government to take their moneies elswhere. The town of Mantoloking encouraged beach replenhiisment and actually had a great session explaining the advantageous of replenhisment, but it fell on deaf "beachfront residents". They continue to rule most of the direction of the town and unfortunately, are now paying for their selfesness...50 homes are missing from the beach in Mantoloking and over 200 may have to be replaced.

jack cee

12:45 pm on Wednesday, February 27, 2013

When they say beach replenishment do they mean making the current dunes higher?Our dunes are at least 5 ft higher, does it mean they will go higher?

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Boose

2:55 pm on Wednesday, February 27, 2013

Well when you see 8-9 foot storm surge the 5 foot dunes don't stand much of a chance do they?

Flooded

1:26 pm on Wednesday, February 27, 2013

It's called a barrier island for a reason! If the dunes were maintained instead of being demolished so Buffy and Biffy can see the ocean when there having there 4pm cocktail maybe my house in the borough wouldn't have flooded. Maybe alot of people on the other side of the bay wouldn't be flooded out, we don't vacation here. Sign or get sued!

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re-tired

1:30 pm on Wednesday, February 27, 2013

Everyone leave ,there is nothing left here for us .Half of the state will soon be a flood zone. It is all swampland and now a political sewer as well !

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PPNB

1:34 pm on Wednesday, February 27, 2013

Raise or run. Don't you believe there's another storm coming that will also include the 12 inches of rain we dodged with Sandy.

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FAQall

3:01 pm on Wednesday, February 27, 2013

All you people are sick. Does it make you feel better to call others names and slander them for rolling the dice in life and becoming well off. So be it they are rich and are fortunate/lucky to own a beach front home. My home is on a lagoon 5 houses in from the bay yes I lost my home car everything I own even seems like my life. But I'm not running around calling people names no just trying to move foward. Am I pissed they won't sign YES. But they must have reason. Till they post what their reason is all I can do is sit back and wait. Our gov. Will strong arm them they always do. The odds of another super storm in my life are slim to none. Why not go after third world countries for global warming and melting the glaciers making the sea levels rise. But I can tell you this if they don't comply and another breach happens on their propery and I lose again I will sue the sh-t out of them.

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Nautigal

4:57 pm on Wednesday, February 27, 2013

I'm a mainland resident devastated by Sandy. No WAY I would sign those easements if it was my house. Throwing our barrier island neighbors under the bus and in-fighting is NOT helping the situation. Not one of you is schooled on dunes or mitigation techniques. As far as I can tell, no one here has even read the Biggert Waters Act which is the nightmare affecting all of us now. It plainly states that "beach nourishment" is not an approved method of mitigation. Dunes will not affect our maps or rates AT ALL. As for protection, they are simply not even close to the most efficient or effective way to protect from storm surge and can cause WAY more structural damage to homes behind them than water itself. Not to mention, most of them - to the tune of thousands of tons - have been washed into the bay and are now causing even worse inland flooding. Let the slaughter begin but don't dare try to refute me with any b-ess spewed by any enviro-wacko greenies with clear agendas. Look where your information is coming from and do us all a favor and keep your opinions to yourself unless you have somewhat of a clue. We get enough of that from the government.

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boromom

6:40 pm on Wednesday, February 27, 2013

Nautigal...Expect to keep on getting wiped out every time there is a storm. keep your own opinions to yourself...No one wants to pay for all the elite to keep it their way unless they want to be on their own...These storms will not only happen again, it will be more frequent. You must have money if you don't mind paying for others.

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Brick Surfer

8:20 pm on Wednesday, February 27, 2013

Ironically, the "enviro-wackos" agree with you on the dunes and other BS solutions like hard structures. Be careful of the company you keep.

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Nautigal

9:24 pm on Wednesday, February 27, 2013

@boromom - I "must have money"? Seriously? That's the best insult you could come up with?
Lemme ask you a question. If I pay $50,000 (which I don't have) to raise my house 10 feet and put it onto pilings, why the EFF should I have to pay for flood insurance at all - let alone at 400% my current rate? it must be because I 'don't mind paying for others!'
Nice try boromom. Enjoy the Affordable Care Act! I sure hope you 'have money' and 'don't mind paying for others' while they make up/change the rules as they go along, tell you how to live your life/what you can and can't do, and dole out care with conditions on a whim because as you can see, that's where government-run insurance gets you.
@Brick Surfer - No, they just want people out of here and the bay to be a scenic vista you can take a picture in front of on a daytrip. And all of you attacking the 'elites' on the beach are playing right into their hands. They'll come for us next. Hey BS, really selfish of you to go surfing in the ocean, btw. You might get bit by a shark and hafta use up valuable resources we pay for! (; Who do you think you are putting your reckless self in the surf maybe needing a lifeguard rescue, ambulance, blood transfusion when the rest of us are sitting safely at home in front of our beta screens keeping our carbon footprint real?? The nerve of you thinkin who the heck you are for a cheap thrill while the rest of us pay pay pay!
Are we learning any lessons here people?

boromom

5:10 pm on Wednesday, February 27, 2013

FAQall, All you people are nuts...Yes...lets call it selfishness, and the reason why so many is fortunate to own a beach home...Don't expect others to pay for it. A pig with lipstick is still considered a pig...lets call it what it is. If people don't think this can't happen again then they are nuts. You better get ready to sue the sh-t out of them.

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FAQall

9:30 pm on Wednesday, February 27, 2013

Hi boromom. Could you please lend the national weather association your crystal ball so they can tell me when the next one is comming. You obviously live inland away from the water and are truly jealous of the people who do! Reason being is that water people don't act like you we band together as a community and try to resolve issues as a whole and not bicker and take low blows at one another. It solves nothing. Educate yourself if your so worried about money to fix our wonderful community then get out. If the pines inland were to burn down and residents there lost everything would you be saying they should let the goverment cut down all the trees on their property(easements)so you don't have to pay. I for one would do what I have to do. I choose to live in brick on the water I know the risks of living on the coast same as living at the base of a mountain when it snows you may have avalanches. Just relax let the goverment handle it and don't be so hostile.its not how we act down here. Remember the 3 C's. calm,cool,collective. Just be glad we are all safe and very few fatalities. It's the looters that you should be focusing your anger on. Thank you god bless us all. :)

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Mary Ann

2:11 pm on Thursday, February 28, 2013

I agree that the easements need to be signed ASAP. Everything that can possibly be done to protect the most people and their property should be done. We all love our homes here at the shore whether on water with a view or not. We all pay our taxes - yes, some more than others - but that doesn't determine how we all feel about the Jersey Shore. Change is always difficult. I am sure it is very hard see past what you feel you maybe giving up, but please do what you know in your hearts to be the right thing. We need the easements to help protect what we all have and love here. Thank you to all the reasonable, responsible residents that have signed already. Hopefully, we can all feel a little bit safer from flooding very soon.

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patch

12:53 pm on Saturday, March 2, 2013

print the names and addresses of property owners who will not sign easments,so all of their neighbors will know who they are,and who will be costing theyre towns with legal fees!

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proud

5:39 pm on Tuesday, April 16, 2013

I agree with @patch. Publish the names of the selfish holdouts. They did it on LBI. You can find the names on the township of Long Beach web site. It is likely there will be huge demand for tar and feathers, so stock up now folks.

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