Residents on the northern barrier island in Ocean County will have to sweat out another hurricane and nor'easter season before they receive the added protection of a federally funded beach replenishment project.
Last year, state officials announced work on a $158 million beach project was expected to start in 2014, but now could be pushed back to the early part of 2015, said Steve Rochette, spokesman for the Army Corps of Engineers. Without revealing specifics, Rochette told the Asbury Park Press that there are several reasons, including delays in environmental reviews and project agreements.
"There have been several estimates for when construction might start, but the estimates are always contingent on the many variables involved with getting a project ready for construction," Rochette said. "The best estimate at this time is we anticipate being ready to advertise a contract in late fall/early winter time frame and award a contract in early 2015. Construction typically follows a month or so after the contract award."
The project calls for the building of 22-foot-high dunes and widening the beach along the state's 127 miles of coast. The Army Corps would be responsible for the dunes and their upkeep for at least 50 years.
"No one is excited about a delay but, once it is completed, everyone will be happy with the added protection from the vast beach," said Brick Mayor John Ducey.
The project aims to bring added protection to the state's shoreline. During Superstorm Sandy, areas where the project was already completed, such as Harvey Cedars and sections of Long Beach Township on Long Beach Island, fared better than sections that did not.
Despite the impact that the project has had, municipalities are still having trouble getting the needed easements, a legal document that allows contractors to access a person's property, for the project. At the state's request, some municipalities have approved ordinances that pave the way to use eminent domain to acquire easements, which allow the Army Corps to access property to create the dune.
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Last year, Gov. Chris Christie issued an executive order allowing the state attorney general to use legal action to force beachfront homeowners to sign easements.
There are 328 outstanding easements on the northern barrier island in Ocean County, from Seaside Park to Point Pleasant Beach, according to the state Department of Environmental Protection.
"We're down to 472 needed easements (statewide) from 2,889 last summer," DEP spokesman Bob Considine said.
The idea of using eminent domain to acquire the easements gained steam after a state Supreme Court ruling in July 2013 nixed a $375,000 award to a Harvey Cedars couple whose property was taken through eminent domain for the project.
The couple claimed their property's value was negatively impacted by the beach project.
The decision changed what a jury can consider in eminent domain cases. Now, juries must weigh the pros and cons of a protective dune, and adjust the value depending on the benefit a homeowner receives from the dune.
Timothy Dugan, an attorney with the Lawrenceville-based firm of Stark and Stark who specializes in eminent domain cases, said despite the damage that Sandy caused and the need for added beach protection, some people feel the taking of property for any purpose is an un-American.
"There are people who believe that government should never take a person's property for any reason," Dugan said. "Those people are never going to agree to this type of project."
Others refuse to sign because they don't want to lose their views of the ocean, he said.
"There is an emotional attachment to the Jersey Shore and people don't want to lose that," Dugan said. "There is a fear of what is going to happen."
Ducey said the township is still committed to the project.
"The project will make the beach experience more pleasurable but more importantly provide a significant buffet against future storms," the mayor said.
