Bill > SCR69

Introduced Session

This concurrent resolution proposes a constitutional amendment to limit the eminent domain power of State and local government to the acquisition of private property only for purposes considered to be "essential public purposes." The proposed amendment would define "essential public purposes" to include and be limited to the establishment of utility and transportation corridors, educational facilities, airports, correctional facilities, solid waste handling facilities, landfills, sewage treatment facilities, storm water management facilities, in-patient health facilities, and recreational facilities. Currently, the State Constitution establishes the clearance, replanning, development or redevelopment of blighted areas as a public purpose and public use for which government may take or acquire private property. This amendment would specifically prohibit government from acquiring private property for these purposes, although it would permit government to continue to grant tax exemptions to private corporations in order to promote the redevelopment of blighted areas. It is the sponsor's belief that as a result of the U.S. Supreme Court decision in Kelo v. City of New London, 545 U.S. 469 (2005) which upheld a municipality's right to condemn private residences for private redevelopment, New Jersey homeowners and business owners are now more vulnerable to overreaching government action which impairs private property rights. Accordingly, this constitutional amendment represents an attempt to protect New Jersey residents from the effects of this decision.

Committee Categories

Parker Space (R)*, 

Introduced in the Senate, Referred to Senate Commerce Committee (on 01/09/2024)

Official Document