ATLANTIC CITY -- 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.
The state Department of Environmental Protection (DEP), meanwhile, said last fall that "refusal of remaining holdouts along the New Jersey coastline to provide easements has forced [the state] to seek condemnation of portions of their properties so we don't further delay these critical U.S. Army Corps projects that will protect lives and property."
During a February hearing, Margate's attorneys reportedly argued that the U.S. Army Corps of Engineers had failed to meet the standard for using eminent domain. But on Monday morning, Superior Court Judge Julio Mendez ruled that the state's plan "is not arbitrary and capricious nor is it a manifest abuse of the state's eminent domain power," according to the Press of Atlantic City.
The Associated Press quoted DEP Commissioner Bob Martin praising the ruling.
"Today's decision, coupled with the March 30 court ruling in Ocean County, clearly signals the authority of the state and the federal government to acquire property for the purposes of shore protection," Martin said.
Gov. Chris Christie has said much the same when it comes to obtaining property easements, criticizing the hold-outs as "selfish" residents who didn't want their ocean views blocked.
Monday's decision comes just two weeks after another victory for the state. A judge in Toms River supported the seizure of land in Ocean County for another beach replenishment project, which had begun after Superstorm Sandy.
Andy Polhamus may be reached at apolhamus@njadvancemedia.com. Follow him on Twitter @ajpolhamus. Find the South Jersey Times on Facebook.