City of Long Branch v. Jui Yung Liu, et al. (A-9-09) 9-21-10
In this eminent domain action, the trial court
properly determined that the expanded dry beach
(previously tidally flowed) that was produced by the
government-funded beach replenishment program fell
within the public trust doctrine and was not the
property of the upland owners, the Lius. Therefore,
the Lius were not entitled to compensation for
property they did not own. In addition, the jury
determination that a reasonably willing purchaser
would not have paid substantially more for the
property with the furnishings, fixtures, and equipment
was not a miscarriage of justice. The Court rejects
the Lius’ contention that they did not receive just
compensation for their property.
