New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill ACR179

Introduced
5/8/23  

Caption

Proposes Constitutional amendment to limit exercise of eminent domain to acquisition of land for essential public purposes.

Impact

If passed, the amendment will significantly limit governmental powers regarding property acquisition, thus potentially impacting community redevelopment efforts in blighted areas. The amendment defines 'essential public purposes' to include utilities, transportation corridors, educational institutions, correctional facilities, and healthcare services as permissible reasons for property acquisition, effectively narrowing the scope of what constitutes a public need to only these sectors.

Summary

ACR179 proposes a constitutional amendment to restrict the exercise of eminent domain by state and local governments to only essential public purposes. This would fundamentally alter the way in which governments can acquire private property, specifically barring them from taking land solely for the purpose of eliminating blighted areas. Currently, the New Jersey Constitution allows such takings, which is a major point of contention for supporters of the bill, who cite overreach resulting from the U.S. Supreme Court's decision in Kelo v. City of New London as a driving force behind this legislative amendment.

Contention

Opponents of ACR179 argue that limiting the government’s ability to resolutely address blight may hinder community revitalization efforts and impede economic development. They express concerns that the amendment could thwart initiatives designed to improve living conditions in struggling neighborhoods, affecting the state's ability to adequately address the needs of its residents. Proponents of the bill, on the other hand, advocate for the protection of individual property rights against what they perceive to be government overreach in property acquisitions.

Companion Bills

NJ SCR104

Same As Proposes Constitutional amendment to limit exercise of eminent domain to acquisition of land for essential public purposes.

Similar Bills

CA AB1701

California Infrastructure and Economic Development Bank: economic development facilities: redevelopment agencies.

CA AB2780

Dissolution of redevelopment agencies: enhanced infrastructure financing districts: City of Selma.

CA AB1732

Redevelopment: successor agencies: asset disposal: City of Manteca.

NJ ACR46

Proposes constitutional amendment to restrict use of condemnation power against non-blighted property for private economic development purposes.

CA SB481

Successor agencies: assets: disposal.

CA AB1778

Transit-Oriented Redevelopment Law of 2018.

CA AB1579

College and university student housing: impact mitigation fees.

NJ SCR104

Proposes Constitutional amendment to limit exercise of eminent domain to acquisition of land for essential public purposes.