City of Long Branch v. Liu, A-9 September Term 2009; Supreme Court; opinion by Albin, J.; decided September 21, 2010. On certification to the Appellate Division. [Sat below: Judges Wefing, Parker and LeWinn in the Appellate Division; Judge O'Hagan in the Law Division.] DDS No. 34-1-xxxx [42 pp.]
In 1996, Long Branch passed an ordinance adopting a redevelopment plan for areas of beachfront property. As part of the redevelopment project, the city sought to acquire oceanfront property, including commercial property owned by defendants Jui Yung Liu and Elizabeth Liu. The Lius rejected the city’s offer to purchase the property for $900,000. Consequently, on May 14, 2001, the city filed a complaint to take the Lius’ property through the power of eminent domain. In the complaint, the city described the property conveyed to the Lius in a 1977 deed. By the time the city initiated its condemnation action, however, the Lius’ beachfront had increased by more than two acres as a result of a multimillion-dollar beach-replenishment program financed by the city, state and federal government.
