ACR171

A Concurrent Resolution proposing to amend Article VIII, Section III of the Constitution of the State of New Jersey.

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. The following proposed amendment to the Constitution of the State of New Jersey is hereby agreed to:

PROPOSED AMENDMENT

Amend Article VIII, Section III, paragraph 1 to read as follows:

1. (a) The clearance, replanning, development, or redevelopment of blighted areas shall be a public purpose and public use, for which private property may be taken or acquired. Municipal, public, or private corporations may be authorized by law to undertake such clearance, replanning, development, or redevelopment; and improvements made for these purposes and uses, or for any of them, may be exempted from taxation, in whole or in part, for a limited period of time during which the profits of and dividends payable by any private corporation enjoying such tax exemption shall be limited by law. The conditions of use, ownership, management, and control of such improvements shall be regulated by law.

(b) Notwithstanding any provision of this Constitution to the contrary, except as otherwise provided in this subparagraph, the State, a municipal, or other public, or private corporation, shall not take or acquire by eminent domain land actively devoted to agricultural or horticultural use. The State, or a municipal, or other public, or private corporation may, however, take or acquire by eminent domain land actively devoted to agricultural or horticultural use if the property is restricted in perpetuity to continued agricultural or horticultural use.

(cf: Article VIII, Sec. III, par. 1)

2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and

form:

There shall be printed on each official ballot to be used at the general election, the following:

a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

b. In every municipality the following question:

		CONSTITUTIONAL AMENDMENT TO PROHIBIT USE OF EMINENT DOMAIN FOR THE ACQUISITION OF ACTIVE FARMLAND
	YES	Do you approve amending the Constitution to prohibit the State and local governments from taking active farmland for non-farming uses? The State and local governments can currently take private property against the will of an owner for a public purpose if the government pays the owner fairly for the property. This is known as eminent domain. Under this amendment, this type of taking would generally be prohibited for active farmland. A government would, though, be allowed to take active farmland if the government restricts the property’s use to farming.
		INTERPRETIVE STATEMENT
	NO	This amendment would prohibit the State and local governments from taking farmland for other uses. The power of the government to take private property for a public purpose, while paying fair compensation, is commonly known as eminent domain. The amendment would prevent the eminent domain power from being used to take any piece of private property being used for farming. The amendment would apply to the State, counties, municipalities, school districts, and local public entities. These entities would no longer be able to take property that is used for farming for conversion to a non-farming use. Private property used for farming could still be taken if, after taking the property, the property is permanently restricted for farming uses.

STATEMENT

If approved by the voters of the State, this proposed constitutional amendment would ensure that land actively devoted to agricultural or horticultural use is not to be taken or acquired by the government through eminent domain, with limited exception. The power of the government to take or acquire land for other uses is commonly known as eminent domain. Governments in this State can currently take or acquire private property (land and buildings) against the will of an owner, if the action is taken for a public purpose as defined by law, and if the government pays the owner fairly for the property. The ban would apply to the State, counties, municipalities, school districts, and local public entities. These entities, and certain private entities to whom they may otherwise delegate these powers, would be prohibited from taking or acquiring land actively devoted to agricultural or horticultural use. The constitutional amendment establishes an exception from the prohibition, if the property is restricted to continued agricultural or horticultural use in perpetuity.