Toms River Considers Eminent Domain for Church Homeless Shelter Site
Toms River officials are exploring the controversial use of eminent domain to acquire property at Christ Episcopal Church, where a proposed 17-bed homeless shelter has stirred months of heated debate. The potential government seizure represents a dramatic escalation in the ongoing dispute that has seen seven public hearings without resolution before the township’s Board of Adjustment.
Township sources revealed that Mayor Dan Rodrick’s administration views eminent domain as a potential solution to end the zoning stalemate that has divided the community since the church first announced plans to expand its existing outreach center. The proposed facility, which would be financed by Ocean County, has faced significant resistance from nearby residents concerned about safety, property values, and neighborhood character.
Legal Implications Could Cost Taxpayers Millions
Legal experts warn that using eminent domain against a religious institution could expose Toms River to significant financial and legal liabilities. The township previously faced federal intervention when the Justice Department challenged its restrictive zoning laws regarding houses of worship in 2021, resulting in a settlement that forced the town to revise its ordinances.
“Exercising eminent domain against a church engaged in charitable work raises serious legal questions under both the Religious Land Use and Institutionalized Persons Act and First Amendment protections,” explained Brian Murphy, a professional planner who has testified in support of the church’s application. Similar legal challenges in other jurisdictions have resulted in settlements exceeding $5 million.
Township Attorney Gregory McGuckin acknowledged the potential costs in a recent closed session, according to sources familiar with the discussions. The financial implications could mirror a recent dune crossover case where McGuckin warned that failing to respect property rights could cost taxpayers “millions of dollars” in compensation claims.
Homelessness Crisis Intensifies Community Divide
The shelter proposal comes amid a worsening housing crisis in Ocean County, the only county in New Jersey without a permanent homeless shelter. Local advocates point to rising rents, the loss of affordable motels to upscale development, and the recent closure of a homeless encampment that displaced 32 people as evidence of the urgent need for shelter options.
“One of the purposes of a church is to provide outreach services to the community,” Murphy stated during testimony before the zoning board in January, as reported by the Asbury Park Press. “The homeless are already familiar with the site. They have been coming there since July 2023.”
Opponents, including local homeowner Maria Leotta, have expressed concerns about safety and property values. “I’m a taxpayer. I love my house, and I don’t think it’s fair. It’s scary,” she testified at a recent board hearing described in Jersey Shore Online, while emphasizing she wasn’t opposed to helping the homeless in principle.
Religious Freedom Versus Municipal Control
The conflict highlights tensions between religious freedom and local zoning authority. Christ Episcopal Church’s proposal would expand services at its existing outreach center at 415 Washington Street to include overnight accommodations at the adjacent 405 Washington Street property, as detailed in Episcopal News Service. The church is partnering with the Affordable Housing Alliance to operate the facility.
Under the proposed arrangement, the shelter would house unhoused adults from 5 p.m. to 7 a.m. with two overnight staff members. Guests would receive meals, shower facilities, and counseling services focused on obtaining permanent housing and employment.
Municipal officials, particularly those aligned with Mayor Dan Rodrick who has publicly opposed downtown homeless shelters, have suggested alternative locations away from residential areas. However, church representatives argue their centrally-located facility is where services and transportation are most accessible to those in need.
Next Steps Could Define Community’s Future
The Board of Adjustment is scheduled to reconvene on May 22 to continue hearing public comments on the church’s application for a D1 Use Variance, as reported by Jersey Shore Online. However, the township council could introduce an eminent domain ordinance before that date, effectively superseding the zoning process.
Jennifer Turner, director of the Toms River Housing and Homeless Coalition, emphasized the broader implications of the decision. “This isn’t just about one shelter—it’s about what kind of community we want to be. Ocean County remains the only county in New Jersey without transitional housing despite receiving millions in funding for homeless services.”
The community remains sharply divided, with a recent public hearing drawing more than 150 residents with opinions on both sides. Local business owners expressed concerns about potential impacts on downtown revitalization efforts, while religious leaders from multiple denominations spoke in support of the church’s mission to serve vulnerable populations.
