New Jersey 2024-2025 Regular Session

New Jersey Senate Bill SCR136

Introduced
10/27/25  

Caption

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

Impact

If approved by voters, this amendment would have a significant impact on existing state laws concerning the government's ability to take private land. It represents a notable shift in property rights, reinforcing protections for farmers and agricultural lands throughout New Jersey. The amendment's clear stance against using eminent domain for non-farming uses may also foster a greater sense of security among landowners involved in agriculture, potentially influencing land investment, farming practices, and local economies reliant on these properties.

Summary

Senate Concurrent Resolution No. 136 (SCR136) proposes an important constitutional amendment that primarily aims to protect active farmland from being taken by the government through eminent domain. Eminent domain is the power of the government to acquire private property for public use, provided that the owner is compensated fairly. This bill specifically restricts such takings of land that is actively used for agricultural or horticultural purposes unless the subsequent use of the property is restricted permanently to agricultural activities. This change seeks to ensure that valuable farmland remains intact for agricultural use and is not converted for non-farming purposes without just cause.

Contention

Discussions surrounding SCR136 may raise points of contention, particularly related to the balance between public interest and private property rights. Supporters of the bill advocate for agricultural preservation and see the amendment as a necessary safeguard against overreach by government entities that may seek to convert farmland for urban development or other non-agricultural ventures. Conversely, opponents could argue that this amendment might hinder necessary public projects that could benefit from the use of such lands. The debate will likely center around whether the benefits of protecting farmland outweigh possible restrictions on future urban development and infrastructure projects.

Companion Bills

NJ ACR171

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

Previously Filed As

NJ SCR17

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

NJ ACR89

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

NJ SCR40

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

NJ ACR15

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

NJ H67

Proposal for a legislative amendment to the Constitution prohibiting eminent domain takings

NJ SCR39

Proposes constitutional amendment to restore the death penalty under certain circumstances.

NJ ACR13

Proposes constitutional amendment to restore the death penalty under certain circumstances.

NJ SCR60

Proposes constitutional amendment to provide for Statewide initiative and referendum.

NJ ACR127

Proposes constitutional amendment to limit annual increase in assessment of real property.

NJ ACR101

Proposes constitutional amendment to limit assessment of homestead real property.

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