After Hurricane Sandy hit the Jersey Shore and took out sand dunes that were protecting properties, many have been trying to replace those dunes and portions of beaches. Some homeowners object to the dune projects, saying their property values will drop and their views will be taken away. Assemblyman David Wolfe (R-10) has sponsored a bill that would add value to the properties undergoing restoration projects. He told NJ Today Managing Editor Mike Schneider that legislators need to address the issue before more damage is done.
Wolfe explained that the bill is unusual because it’s just one paragraph. “What it really says is that if a dune restoration project or a beach replenishment project causes the height of a dune to increase, that increase in height actually adds to the value of the property because it’s being protected and therefore that shouldn’t be considered as something that’s a negative impact,” he said.
The piece of legislation is currently pending before both environmental committees, according to Wolfe. He hopes to have hearings on it before the end of June. “I think there’s a lot of support for it, not only because of the most recent court litigation but because this is becoming a repeating issue nationally,” he said.
Realtors traditionally say that anything done to obstruct a view will decrease a property’s value, but Wolfe said the dune projects are protecting the property and therefore can be seen as enhancements.
“If you look at the most recent experience we’ve had with Sandy, those communities that did have dunes either through the federal project or projects on their own suffered less damage. They did suffer some damage but not to the extent that other communities did,” Wolfe explained.
Overall, Wolfe said legislators are supportive of the bill he is sponsoring. “Right after the storm, there was a very intense effort to include all the legislators in really what had happened statewide, all along the coast as a result of Sandy. And I’d say 75 to 80 percent of all legislators saw the impact of that storm, whether it was in their own community or a community where they probably would spend a summer,” he said. “I think it’s very, very important that we got that support and we still have that support.”
If the legislation doesn’t pass, Wolfe predicts more litigation will make its way through the courts. Today, the state Supreme Court began hearing a case about whether compensation offered to homeowners whose property are taken for sand dunes should consider the benefits of the projects.
“We currently have this most famous case right now before the Supreme Court, but I know there are other attorneys who have clients that are lining up to basically go after the same issue,” Wolfe said. “We think it’s unfair because as you said, as your introduction to this, it’s the greater good or individual rights. And I think this is a very, very important issue that we have to solve once and for all.”
According to Wolfe, the proposed legislation would offer oceanfront property owners an extra advantage they don’t currently have, especially with a history of flooding in New Jersey’s past. While some action has been taken, he believes more needs to be done.
“We do have the Blue Acres program that allows municipalities and counties to buy out property from willing sellers, but we’ve never had the extent that we have right now with massive dislocation of properties that we face right now as we did with Sandy,” Wolfe said.