Bill
Bill > ACR171
NJ ACR171
NJ ACR171Proposes constitutional amendment to prohibit use of eminent domain to take active farmland in certain circumstances.
summary
Introduced
07/24/2025
07/24/2025
In Committee
07/24/2025
07/24/2025
Crossed Over
Passed
Dead
01/12/2026
01/12/2026
Introduced Session
2024-2025 Regular Session
Bill Summary
If approved by the voters of the State, this proposed constitutional amendment would ensure that land actively devoted to agricultural or horticultural use is not to be taken or acquired by the government through eminent domain, with limited exception. The power of the government to take or acquire land for other uses is commonly known as eminent domain. Governments in this State can currently take or acquire private property (land and buildings) against the will of an owner, if the action is taken for a public purpose as defined by law, and if the government pays the owner fairly for the property. The ban would apply to the State, counties, municipalities, school districts, and local public entities. These entities, and certain private entities to whom they may otherwise delegate these powers, would be prohibited from taking or acquiring land actively devoted to agricultural or horticultural use. The constitutional amendment establishes an exception from the prohibition, if the property is restricted to continued agricultural or horticultural use in perpetuity.
AI Summary
This concurrent resolution proposes a constitutional amendment to prohibit the use of eminent domain (the government's power to acquire private property for public use) for taking land that is actively used for agricultural or horticultural purposes, with a key exception. Specifically, the amendment would prevent the State of New Jersey, along with municipal, public, and private corporations, from seizing farmland through eminent domain, unless the acquired property would be permanently restricted to continued agricultural or horticultural use. The proposed change would apply to all levels of government, including state, county, municipal, and school district entities. If approved, the amendment would be placed on a ballot for voter consideration, with an accompanying explanatory statement that clarifies that while governments currently have the ability to take private property for public purposes with fair compensation, this amendment would specifically limit such takings for active farmland. The resolution includes provisions for how the amendment would be presented to voters, including the specific language to be printed on ballots and an interpretive statement explaining the amendment's implications.
Committee Categories
Business and Industry
Sponsors (2)
Last Action
Introduced, Referred to Assembly Commerce, Economic Development and Agriculture Committee (on 07/24/2025)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/ACR171 |
| BillText | https://pub.njleg.gov/Bills/2024/ACR/171_I1.HTM |
Loading...