Eminent Domain Takeover Planned For Toms River Church

TOMS RIVER, NJ — The Toms River Township Council is set to consider an ordinance on Wednesday to take over four downtown properties by purchase or eminent domain, including Christ Episcopal Church.

The ordinance is on the agenda for introduction at the council meeting, set for 4 p.m. at Toms River Town Hall, 33 Washington St.

Three of the properties are small, privately owned marinas on Water Street, but the fourth is the church property at 415 Washington St. The church has been seeking approval from the Toms River Board of Adjustment to host a 17-bed homeless shelter on its property, a proposal that has seen significant opposition from residents.

Mayor Dan Rodrick said he wants the township to buy the properties to create more recreation in the downtown area to serve the residents who live south of Route 37.

"It's part of a broad waterfront strategy," Rodrick said Tuesday night. The plans, he said, include a spray park at Huddy Park, jetski space, a tiki bar similar to the one at Island Beach State Park, and a fishing pier. The three marinas would become a big municipal marina.

The church property, Rodrick said, would be turned into a large recreation area, with a large playground — "bigger than Castle Park," he said — a skatepark and facilities for adults, such as pickleball courts.

"There are 20,000 residents in the downtown area," he said, "and there are no playgrounds."

The church property, which is 10.8 acres, is valued at $2,476,000, according to tax records. It is not listed for sale. Church officials declined Tuesday night to comment on the proposed ordinance or the issue of the town taking the property by eminent domain.

On Wednesday morning, Christ Episcopal Church posted a message on its Facebook page, calling the eminent domain plan "retribution."

"As retribution for and to impede the proposed homeless shelter on the Christ Episcopal Church property, Toms River Mayor Daniel Rodrick is initiating legal action to force the sale of the church property to Toms River Township," the message, titled "PREPARE TO ACT- DO NOT DESPAIR OR FEAR," said.

"It won’t work legally, but it could be quite an effort for Christ Episcopal Church to prevail," the post said. "And, keep in mind the property belongs to the Diocese of New Jersey so we are far from alone."

The church's post said the legal process "would take months, if not years, to complete ... But, the earlier in the process this can be dealt with, the better."

"Because this was just learned of late yesterday when the agenda was published, details to deal with it are just being worked out. We will have them to you later today," the post said, urging people to attend the council meeting.

The church also drew a sharp line, saying, "There needs to be a razor-sharp focus on the improper eminent domain process and not make this a public referendum on the shelter. That should be dealt with separately."

The post closed with a verse from Romans Chapter 8 —"We know that all things work together for good for those who love God, who are called according to his purpose." — and a prayer: "Almighty God our heavenly Father, send down upon those who hold office in this Township of Toms River the spirit of wisdom, charity, and justice; that with steadfast purpose they may faithfully serve in their offices to promote the well-being of all people; through Jesus Christ our Lord. Amen."

"We are on solid legal footing" to take the church property by eminent domain, Rodrick said Tuesday night, saying state law allows a municipality to take property for public use. "I can take it if I pay. What can be litigated is the price."

The church property is ideal for a recreation area because it has existing parking, he said, that he believes will not need approval from the state Department of Environmental Protection for its continued use for parking.

That would allow the town to turn it into a recreation space more quickly, Rodrick said.

He also has his eyes on the Toms River Country Club property, which lies between the church property and the Toms River.

"If the Toms River Country Club finds itself insolvent, we would consider that," he said, because it would give residents more access to the water.

"The people of Toms River have such limited access to the Toms River," he said.

Much of the property along the Toms River is privately owned.

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Rodrick said he would not comment on the church's pending application before the zoning board to turn an existing building into an overnight shelter with 17 beds for homeless people.

The mayor has, however, been vocal over the last month about the issue of homeless people in the downtown area, with much of his ire directed at the JBJ Soul Foundation's pop-up kitchen at the Ocean County Library.

Rodrick has blamed the pop-up, which is open four hours a day Mondays through Thursdays, for drawing an increased number of people in need to downtown. He also has blamed Ocean County officials, commissioners Frank Sadeghi and Rob Arace in particular, accusing the county of "dumping" people with mental illness and addiction issues in Toms River.

County officials have pushed back against those accusations, saying Rodrick has not engaged in any meaningful way in the county's efforts to find ways to assist those in need.

Rodrick has been at odds with other efforts to assist the homeless and in April said he was considering legal action against them.

A dispute between Rodrick and Just Believe Inc. and its CEO, Paul Hulse, led to Toms River terminating an agreement with that nonprofit to operate a Code Blue warming center at Riverwood Park off Whitesville Road. Just Believe had been operating the center, which assisted 30 to 35 people on each Code Blue night, for seven years.

That led to Ocean County officials announcing they would use part of a county-owned building on Route 9 for a Code Blue warming center. It served more than 200 people from November through March.

Rodrick insisted on the shutdown of a homeless encampment in the woods at Winding River Park that had been supported and managed by Destiny's Bridge and its founder, Steve Brigham. The encampment had drawn the attention of law enforcement and agencies for more than a year, with multiple efforts to help people who needed assistance not only in finding permanent housing, but in signing up for other programs — both through the government and through nonprofits — to help them rebuild their lives.

After issuing threats last fall to arrest anyone who stayed in the encampment, Toms River and Rodrick reached an agreement with those living in the encampment, where people were provided with at least six months of housing assistance as long as they agreed to leave the encampment, said Jeffrey Wild, an attorney and a trustee for the NJ Coalition to End Homelessness. Wild, who has partnered with Destiny's Bridge at times, represented at no charge some of the woods' residents during the discussions.

Note: This article has been updated Wednesday morning with comments published by Christ Episcopal Church on the church's Facebook page.