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Bill > A5884


NJ A5884

NJ A5884
Prohibits condemnation of farmland actively supporting agricultural or horticultural production for purpose other than agricultural or horticultural production.


summary

Introduced
06/25/2025
In Committee
06/25/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill amends P.L.1971, c.361 to prohibit the condemnation, or taking of private property for a public purpose under the power of eminent domain pursuant to that law, of a property that is farmland actively supporting agricultural or horticultural production and the person or entity seeking to condemn the property intends to develop that property for a purpose other than agricultural or horticultural production. New Jersey has a stated goal of preserving 500,000 acres of farmland, which it is just over halfway to achieving. To obtain this goal the State needs to have as much active farmland as possible and should not allow it to be taken through eminent domain for non-agricultural purposes. Eminent domain is a tool to be used by the government to promote public projects, such as damns, roads, and parks, not a hammer to be used to take private property for use by other private entities to make money for themselves and the government that approves it. This bill will narrow the scope of the eminent domain law and protect farms that are needed to provide food security for citizens.

AI Summary

This bill amends an existing New Jersey law governing eminent domain (the government's power to take private property for public use) to specifically protect farmland that is actively used for agricultural or horticultural production. The legislation prohibits government entities from condemning farmland if their intention is to develop the property for non-agricultural purposes. This restriction is part of New Jersey's broader goal of preserving 500,000 acres of farmland, which the state is currently about halfway toward achieving. The bill modifies the existing eminent domain process by adding a new provision that explicitly prevents the taking of productive farmland for development that is not related to agriculture or horticulture. The legislation aims to protect food security and agricultural resources by ensuring that actively farming properties cannot be seized and repurposed for other economic interests. The bill requires that any condemnation offer must be made in writing, include a detailed explanation of compensation, and allow the property owner to accompany the appraiser during property inspection, maintaining existing procedural safeguards while adding new protections specifically for agricultural land.

Committee Categories

Government Affairs

Sponsors (4)

Last Action

Introduced, Referred to Assembly State and Local Government Committee (on 06/25/2025)

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