Dunes, Devaluation and Developing Law: An Analysis of Coastal Property Rights and Eminent Domain in New Jersey in the Wake of Super Storm Sandy and the Recent New Jersey Supreme Court Decision in Harvey Cedars v. Karan

Abstract

I provide a recap of some of the damage major coastal storms have caused in the state, a basic primer on doctrines of law that are relevant to coastal landowners, and an explanation of the impact of beach replenishment projects on these homeowners. I will then turn to the recent Karan decision and explain why the court was correct in their holding. I explain the impact the ruling will have on the future of both replenishment projects for the state’s beaches and property rights of beachfront landowners. Finally, I discuss possible challenges to the Court’s decision.