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Bill > SCR17
NJ SCR17
NJ SCR17Proposes constitutional amendment to prohibit use of eminent domain to take active farmland in certain circumstances.
summary
Introduced
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 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 prevent the government from using its power of eminent domain, which is the authority to take private property for public use with fair compensation, to seize land actively used for farming or horticulture. This prohibition would apply to the State, counties, municipalities, school districts, and other local public entities, as well as certain private entities to whom these powers might be delegated. An exception to this ban would exist if the farmland is permanently restricted to agricultural or horticultural use, meaning it would always have to be used for farming.
Committee Categories
Housing and Urban Affairs
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 01/13/2026)
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/2026/SCR17 |
| BillText | https://pub.njleg.gov/Bills/2026/SCR/17_I1.HTM |
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