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NJ ACR15
NJ ACR15Proposes Constitutional amendment to limit exercise of eminent domain to acquisition of land for essential public purposes.
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
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 restrict the government's power of eminent domain, which allows the government to take private property for public use, to only acquiring land for "essential public purposes." The amendment would define these essential purposes narrowly to include specific projects like utility and transportation corridors, schools, airports, prisons, waste management facilities, sewage treatment, and recreational areas. Crucially, it would prohibit the government from using eminent domain to acquire private property solely for the purpose of clearing, replanning, developing, or redeveloping blighted areas, a practice currently permitted under the State Constitution. This change is intended to address concerns, heightened by the U.S. Supreme Court's decision in *Kelo v. City of New London*, that homeowners and businesses are vulnerable to government overreach that infringes on private property rights. While eminent domain for blight elimination would be prohibited, the amendment would still allow the government to grant tax exemptions to private companies to encourage redevelopment of blighted areas.
Committee Categories
Agriculture and Natural Resources
Sponsors (2)
Last Action
Introduced, Referred to Assembly Agriculture and Natural Resources 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/ACR15 |
| BillText | https://pub.njleg.gov/Bills/2026/ACR/15_I1.HTM |
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