FREEHOLD - Asbury Park oceanfront property owners argued yesterday that the city not only took away their right to develop their own properties under the new water front plan but made no provision for the beachfront developer to buy their land now rather than later.

It "puts them in a state of limbo over the next 30 years" while they have to continue paying taxes, insurance and mortgages on the properties, said Paul

V. Fernicola, a lawyer representing about 15 property owners in two of the seven lawsuits challenging the city's redevelopment ordinance.

The city and redeveloper, Asbury Partners, placed a 30-year life on the waterfront project, but Fernicola said there's no schedule that enforces when the city will condemn its owners' properties.

Superior Court Assignment Judge Lawrence M. Lawson heard arguments on whether the city denied the property owners their constitutional rights by ruling last year that they could not develop their properties according to the plan before they could be forced to sell.

Lawson said he would issue a decision shortly. Attorneys for the city and redeveloper told the judge yesterday the city had every right to redevelop the area, select a single developer and make the properties subject to eminent domain without first letting them make their own proposals for development to the city.

James G. Aaron, the city's redevelopment attorney, said the plan allows the property owners to negotiate with Asbury Partners to see if they could come to a financial agreement and submit a proposal to the city for its approval.

Aaron pointed out that such sub-developers have to say what they will do for the city's infrastructure since Asbury Partners has taken on the $30 million cost for the sewer, utility and road improvement.

He called Asbury Partners' work a massive under taking and said the developer is rebuilding the boardwalk and boardwalk pavilions, is getting the necessary state permit approvals and has brought in three sub-developers to be approved by the city

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