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Bill

OH

Bill

SCR 17

Proposes constitutional amendment to prohibit use of eminent domain to take active farmland in certain circumstances.

2026-2027 Regular Session Introduced by Owen Henry

Constitutional amendment restricting New Jersey's use of eminent domain to seize operating farmland, strengthening agricultural property protections against government land acquisition.

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee
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Bill Summary · SCR 17

Legislative bill overview

SCR 17 proposes a constitutional amendment that would restrict the state's use of eminent domain—the power to take private property for public use—specifically targeting active farmland. The amendment would prevent the government from seizing operating agricultural land except under defined circumstances, likely including public necessity or emergency situations.

Why is this important

Farmland preservation is a significant issue in New Jersey, which faces pressure from suburban development despite being a major agricultural producer. This amendment would provide constitutional-level protection to farmers, making it harder for government agencies to acquire productive agricultural land through eminent domain, thereby strengthening property rights for the agricultural community.

Potential points of contention

  • Definition and scope: What qualifies as "active farmland" and what exceptions exist (infrastructure projects, public health crises, etc.) will determine the amendment's practical reach and could create litigation.
  • Public infrastructure needs: The restriction could complicate future projects requiring land acquisition for roads, utilities, or public facilities if those projects intersect with agricultural areas.
  • Takings clause complexity: The amendment interacts with existing constitutional protections and may create ambiguity about compensation levels or procedural requirements compared to non-farmland takings.

Compiled from official sources — confirm details with the bill’s official record.

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