New Jersey 2024-2025 Regular Session

New Jersey Senate Bill SCR69

Introduced
1/9/24  

Caption

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

Impact

The implementation of SCR69 is intended to enhance property rights for individuals and businesses by limiting the government’s ability to seize private property. Advocates believe this amendment is essential to safeguard against government overreach and protect residents from potential abuses as seen in prior eminent domain cases like Kelo v. City of New London, where the government was allowed to take private homes for private redevelopment. The amendment aims to prevent similar occurrences in New Jersey.

Summary

SCR69 proposes a constitutional amendment aimed at restricting the power of state and local governments to exercise eminent domain. Specifically, the amendment stipulates that private property may only be acquired for 'essential public purposes' such as utility and transportation corridors, educational and correctional facilities, and health care, among others. This amendment would thus prohibit governments from taking land for purposes such as eliminating blighted areas.

Contention

However, the amendment has sparked debate regarding its implications for local development and urban renewal initiatives. Proponents of the amendment argue it is crucial for the protection of homeowners, while opponents raise concerns that it might hinder necessary urban redevelopment efforts. They fear that prohibiting the acquisition of land for blight elimination could exacerbate issues in struggling neighborhoods and limit local governments' ability to respond effectively to community needs.

Companion Bills

NJ ACR17

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

NJ SCR104

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

NJ ACR179

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

NJ SCR73

Carry Over Proposes constitutional amendment authorizing Legislature to invalidate certain court decisions.

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 SB114

An Act To Amend Titles 10, 22, And 29 Of The Delaware Code Relating To Real Property Acquisition And The Exercise Of Eminent Domain.

NJ LB1255

Prohibit public power suppliers from exercising the power of eminent domain

NJ SB352

Eminent domain; prohibiting use of eminent domain for certain facilities; requiring authorization by Corporation Commission for exercise of eminent domain by certain entities for specified purpose. Emergency.

NJ SB352

Eminent domain; prohibiting use of eminent domain for certain facilities; requiring authorization by Corporation Commission for exercise of eminent domain by certain entities for specified purpose. Emergency.

NJ S1012

Requires all entities delegated eminent domain powers under this section to adopt a plan and approval prior to exercising such power for a public purpose.

NJ H67

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

Similar Bills

LA HB472

(Constitutional Amendment) Revises Article VII of the Constitution of La. (OR -$139,000,000 GF RV See Note)

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

(Constitutional Amendment) Modifies disposition of certain state revenues through repeal of the Revenue Stabilization Trust Fund and deposits of certain revenue streams into the Budget Stabilization Fund (RRF INCREASE GF RV See Note)

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.