N.J. Supreme Court Rules Landowner Must Be Compensated in Beachfront Takings Case

Posted by on Jul 8, 2010 in Condemnation

By: Henry T. Chou, Esq.
Marking a significant victory for private property rights, the New Jersey Supreme Court has ruled in Klumpp v. Borough of Avalon that owners of beachfront property must be compensated for the taking of their property by a municipality nearly fifty years ago. The property, owned by Edward and Nancy Klumpp, was physically taken by Avalon for the construction of protective dunes after the nor’easter of 1962. It has been the subject of contentious litigation since 2004, when the Klumpps were denied permits to build a new home on the property. While the Supreme Court has ruled for the Klumpps, the case is not over, as it has been sent back to the trial court for a determination of the amount of compensation due to the Klumpps.

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New Jersey Supreme Court Agrees to Hear Arguments in Bizarre Inverse Condemnation Case

Posted by on Nov 20, 2009 in Condemnation, Notice Requirements

By: Henry T. Chou, Esq.
On November 10, 2009, the Supreme Court granted certification in the matter of Klumpp v. Borough of Avalon, in order to consider the issue of whether owners of beachfront property lost ownership of their land by virtue of a municipality’s claim in 2005 that it acquired the property by inverse condemnation forty-three years ago in 1962.

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