NJ Supreme Court Issues Decision on Tideland Claims

October 2010Newsletters In the Zone

A very recent New Jersey Supreme Court decision, City of Long Branch, et. al. v. Jui Yung Liu, et. al., 2010 N.J. Lexis 910 (S. Ct. 2010), decided on Sept. 21, 2010, held that the now-dry land, previously submerged and flowed by tidal waters and replenished with sand during a government-funded beach restoration project (a project that extended the dry land seaward from the previous mean high water mark), remains in trust for the benefit of the people of New Jersey and does not belong to the owner of the contiguous beachfront property. In response to a condemnation action instituted by the municipality, the property owner rejected the municipality’s monetary offer, contended that it owned the now-dry land and sought additional compensation for the now-dry land and for an increase in value of certain personal property attributable to the now-dry land. Those claims were denied by the court for the reasons expressed in the opinion.

The case contains an excellent recitation of the common law principles governing the ownership of tidally flowed lands.

For more information, please contact John L. Grossman at 609.572.2322 or [email protected].