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.

Previously Filed As

NJ ACR15

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

NJ SCR40

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

NJ ACR89

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

NJ SCR17

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

NJ ACR48

Proposes constitutional amendment to broaden powers of the Council on Local Mandates.

NJ ACR14

Proposes constitutional amendment to establish State right to keep and bear arms.

NJ ACR52

Proposes constitutional amendment to limit assessment of homestead real property, and allow exemption on up to $50,000 of home's value.

NJ ACR16

Proposes constitutional amendment to preserve right of people to fish, hunt, trap, and harvest fish and wildlife.

NJ ACR12

Proposes constitutional amendment removing gubernatorial appointment of certain municipal court judges.

NJ SCR44

Proposes constitutional amendment to broaden powers of the Council on Local Mandates.

Similar Bills

LA HB472

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NJ ACR123

Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.

NJ SCR75

Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.

NJ SCR43

Proposes constitutional amendment authorizing Legislature to invalidate certain court decisions.

LA HB244

(Constitutional Amendment) Provides for the election of constitutional convention delegates and vote requirements necessary for the adoption of a new constitution (RR SEE FISC NOTE GF EX)

LA HB678

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LA HB473

(Constitutional Amendment) Provides relative to the application of state monies to the unfunded accrued liability of the Teachers' Retirement System of La. (EN DECREASE SD RV See Note)

HI SB1225

Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.