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NJ SCR136
NJ SCR136Proposes constitutional amendment to prohibit use of eminent domain to take active farmland in certain circumstances.
summary
Introduced
10/27/2025
10/27/2025
In Committee
10/27/2025
10/27/2025
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 joint resolution proposes a constitutional amendment to restrict the use of eminent domain (the government's power to acquire private property for public purposes) on active farmland in New Jersey. The amendment would generally prohibit state, county, municipal, school district, and other public entities from using eminent domain to take land that is currently being used for agricultural or horticultural purposes. However, the resolution includes an important exception: these entities could still acquire active farmland through eminent domain if the property is permanently restricted to continued agricultural or horticultural use. If approved, the proposed amendment would be submitted to voters at the next general election, with ballot language explaining the proposed change and its potential impacts. The resolution aims to provide additional protection for active farmland by limiting the circumstances under which the government can acquire such property, thereby helping to preserve agricultural lands from being converted to non-farming uses without strict preservation requirements.
Committee Categories
Housing and Urban Affairs
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 10/27/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/SCR136 |
| BillText | https://pub.njleg.gov/Bills/2024/SCR/136_I1.HTM |
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