New Jersey 2024-2025 Regular Session

New Jersey Senate Bill SCR17

Introduced
1/9/24  
Introduced
1/13/26  
Refer
1/9/24  

Caption

Proposes amendment to Constitution to change minimum and maximum local tax levy requirements for funding of public schools and minimum and maximum State support for special education.

Impact

If enacted, SCR17 would significantly alter how eminent domain is applied in New Jersey, particularly regarding agricultural properties. The prohibition would prevent government entities from converting farmland to non-farming uses, enhancing protections for farmers and ensuring that actively farmed land remains dedicated to agriculture. However, the amendment does allow for the government's acquisition of farmland, provided that the property is restricted for agricultural use in perpetuity after acquisition. This could provide some flexibility while still aiming to protect critical agricultural resources.

Summary

Senate Concurrent Resolution No. 17 (SCR17) proposes an amendment to the New Jersey Constitution that aims to prohibit state and local governments from using eminent domain to acquire active farmland for non-farming purposes. The current powers of eminent domain allow governments to take private property for public use, provided that fair compensation is given. This amendment seeks to specifically safeguard agricultural land from being repurposed for developments unrelated to farming, thereby affirming the importance of farmland preservation in the state.

Sentiment

The sentiment surrounding SCR17 is generally positive among agricultural advocates who view it as a necessary measure to protect the state's farming industry from potential governmental overreach. Proponents argue that safeguarding active farmland is crucial for maintaining agricultural productivity and supporting local economies. On the other hand, there may be concerns from urban development interests and local governments about the limits this amendment could impose on their ability to adapt land use according to community needs and future development plans.

Contention

Notably, opposition might arise regarding the balance between protecting farmland and facilitating urban growth or development projects that could serve public interests, such as housing or infrastructure improvements. Critics could argue that while the intent is to preserve farmland, the restrictive nature of this amendment may hinder necessary developments that serve the greater community's needs. The debate will likely center on the need for agricultural preservation versus the economic and social demands for land development.

Companion Bills

NJ SCR68

Carry Over Proposes amendment to Constitution to change minimum and maximum local tax levy requirements for funding of public schools and minimum and maximum State support for special education.

NJ ACR171

Carry Over Proposes constitutional amendment to authorize municipalities to provide property tax credit of up to 100 percent for primary residence of volunteer firefighter or volunteer first aid squad member.

NJ SCR136

Carry Over Urges Governor to develop plan for applying to VA State Home Construction Grant Program.

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 HB3336

State government; Chief Information Officer; salary minimum and maximum; effective date.

NJ SCR60

Proposes constitutional amendment to provide for Statewide initiative and referendum.

NJ ACR123

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

NJ HJR210

Proposing a constitutional amendment related to the funding and support of public free schools.

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 HJR16

This joint resolution proposes a constitutional amendment to lower the minimum age for the right to vote from 18 to 16.

NJ ACR127

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

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