Shore property owner’s case washed away by N.J. high court

LONG BRANCH, N.J. - In a "highly significant decision" regarding beach access along the Jersey Shore, the state Supreme Court on Tuesday said the estate of a boardwalk merchant whose property was seized by eminent domain is not entitled to additional compensation for land that was created by beach replenishment.

The high court's unanimous decision upheld appellate rulings that the City of Long Branch did not owe Jui Yung Liu for 900,000 square feet of property that was created on the landward side of the merchant's boardwalk store as the result of a 1999 beach replenishment project.

"In the context of this eminent domain action, the Lius cannot be compensated for the taking of property they never owned," the court said.

The property was part of a huge redevelopment plan undertaken by the Monmouth County resort following a $31 million beach replenishment project in 1999. Liu, who died in 2002, was awarded $1.45 million for this original property in an eminent domain settlement with the city.

"This is a hugely significant decision in terms of the public's access to the beaches and shore of New Jersey," said Tim Dillingham, executive director of the American Littoral Society. "The decision has far reaching effects on the entire 127 miles of our coast with regard to future beach replenishment. This decision makes it clear that the public owns the land on which beach replenishment projects are done."