SCR 136 New Jersey Senate · 2024-2025 Regular Session

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

SCR 136 proposes a constitutional amendment to prevent New Jersey governments from using eminent domain (government taking private property for public use with fair payment) to acquire land actively used for farming or gardening, except when the land is permanently restricted for farming. It directly affects state, county, municipal, and school district governments, prohibiting them from taking active farmland for non-farming projects like development. The key exception allows acquisition only if the property is legally restricted in perpetuity for agricultural use after taking. This would change current law, which permits eminent domain for public purposes like blighted area redevelopment, by creating a permanent constitutional protection for active farmland.
Bill status in committee 1 of 4 stages cleared
Introduction
Oct 2025
Committee Review
Floor Vote
Governor
Introduced Oct 27, 2025 Last action Oct 27, 2025
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Oct 27, 2025
Introduced
Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee
upper
1 primary · 0 co-sponsors

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Legislator
Party
State
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P
Photo of Owen Henry
Owen Henry
RRepublican
NJ
12