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NJ SCR69
NJ SCR69Proposes Constitutional amendment to limit exercise of eminent domain to acquisition of land for essential public purposes.
summary
Introduced
01/09/2024
01/09/2024
In Committee
01/09/2024
01/09/2024
Crossed Over
Passed
Dead
Introduced Session
2024-2025 Regular Session
Bill Summary
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.
AI Summary
This concurrent resolution proposes a constitutional amendment to significantly restrict the government's power of eminent domain in New Jersey. Specifically, the resolution would limit the government's ability to acquire private property only to what are defined as "essential public purposes," which are narrowly defined to include utility and transportation corridors, educational facilities, airports, correctional facilities, waste handling facilities, landfills, sewage treatment facilities, storm water management facilities, in-patient health facilities, and recreational facilities. The amendment would explicitly prohibit the government from using eminent domain to clear, redevelop, or address blighted areas, which is currently allowed under the state constitution. The resolution was inspired by the U.S. Supreme Court's 2005 Kelo v. City of New London decision, which broadly interpreted government's eminent domain powers. While the government would be prevented from using eminent domain for urban redevelopment, it would still be permitted to offer tax exemptions to private corporations working to redevelop blighted areas. If approved, the amendment would be submitted to New Jersey voters at a general election, with voters choosing whether to restrict the government's eminent domain powers as proposed.
Committee Categories
Business and Industry
Sponsors (2)
Last Action
Introduced in the Senate, Referred to Senate Commerce Committee (on 01/09/2024)
Official Document
bill text
bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/SCR69 |
| BillText | https://pub.njleg.gov/Bills/2024/SCR/69_I1.HTM |
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