New Jersey Assembly Bill ACR46

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

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

Impact

Should ACR46 be enacted, it will amend Article VIII, Section III of the New Jersey Constitution, impacting local governance and property law. The amendment establishes a clear distinction between blighted and non-blighted properties, thereby limiting the state’s ability to claim non-blighted properties for economic projects. This restriction is aimed at preventing situations where private entities could potentially benefit from the condemnation of properties that are in good condition but located within areas deemed in need of redevelopment.

Summary

ACR46 is a proposed constitutional amendment in the State of New Jersey aimed at altering the conditions under which the state can exercise its condemnation power, specifically concerning non-blighted properties situated within designated blighted areas. The bill seeks to prohibit any governmental authority from taking property that is not blighted for the purpose of transferring it to a private entity for economic development. The intent is to safeguard property rights against potential overreach and to ensure that only truly blighted properties can be condemned for the purpose of redevelopment.

Contention

The discussion surrounding ACR46 centers on the balance between fostering economic development and protecting individual property rights. Proponents of the bill argue that it is a necessary measure to prevent unjust condemnation practices that lead to private enrichment at the expense of individual property owners. Opponents may contend that limiting condemnation could hinder economic revitalization efforts, especially in areas that are struggling or require significant redevelopment. The broader implications of this amendment raise questions about the state’s role in urban planning and economic strategy.