STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Senator DOUGLAS J. STEINHARDT
District 23 (Hunterdon, Somerset and Warren)
Senator MICHAEL L. TESTA, JR.
District 1 (Atlantic, Cape May and Cumberland)
Co-Sponsored by:
Senator Space
SYNOPSIS
Prohibits condemnation of farmland actively supporting agricultural or horticultural production for purpose other than agricultural or horticultural production.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the condemnation of certain farmland and amending P.L.1971, c.361.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.1971, c.361 (C.20:3-6) is amended to read as follows:
6. a. Whenever any condemnor shall have determined to acquire property pursuant to law, including public property already devoted to public purpose, but cannot acquire title thereto or possession thereof by agreement with a prospective condemnee, whether by reason of disagreement concerning the compensation to be paid or for any other cause, the condemnation of [such] the property and the compensation to be paid therefor, and to whom payable, and all matters incidental thereto and arising therefrom, shall be governed, ascertained, and paid by and in the manner provided by [this act] P.L.1971, c.361 (C.20:3-1 et seq.); provided, however, that no action to condemn shall be instituted unless the condemnor is unable to acquire [such] the title or possession through bona fide negotiations with the prospective condemnee, which negotiations shall include an offer in writing by the condemnor to the prospective condemnee holding the title of record to the property being condemned, setting forth the property and interest therein to be acquired, the compensation offered to be paid and a reasonable disclosure of the manner in which the amount of such offered compensation has been calculated, and such other matters as may be required by the rules. Prior to [such] an offer, the taking agency shall appraise said property and the owner shall be given an opportunity to accompany the appraiser during inspection of the property. [Such] The offer shall be served by certified mail. In no event shall [such] the offer be less than the taking agency's approved appraisal of the fair market value of [such] the property. A rejection of [said] the offer or failure to accept the [same] offer within the period fixed in written offer, which shall in no case be less than 14 days from the mailing of the offer, shall be conclusive proof of the inability of the condemnor to acquire the property or possession thereof through negotiations. When the holder of the title is unknown, resides out of the State, or for other good cause, the court may dispense with the necessity of [such] these negotiations. Neither the offer nor the refusal thereof shall be evidential in the determination of compensation.
b. Notwithstanding any law, rule, or regulation to the contrary, after the effective date of P.L. , c. (pending before the Legislature as this bill), a condemnor shall be prohibited from condemning a property pursuant to P.L.1971, c.361 (C.20:3-1 et seq.) if that property is farmland actively supporting agricultural or horticultural production and the condemnor intends to develop that property for a purpose other than agricultural or horticultural production.
(cf: P.L.1971, c.361, s.6)
2. This act shall take effect immediately.
STATEMENT
This bill amends P.L.1971, c.361 to prohibit the condemnation, or taking of private property for a public purpose under the power of eminent domain pursuant to that law, of a property that is farmland actively supporting agricultural or horticultural production and the person or entity seeking to condemn the property intends to develop that property for a purpose other than agricultural or horticultural production.
New Jersey has a stated goal of preserving 500,000 acres of farmland, which it is just over halfway to achieving. To obtain this goal the State needs to have as much active farmland as possible and should not allow it to be taken through eminent domain for non-agricultural purposes.
Eminent domain is a tool to be used by the government to promote public projects, such as damns, roads, and parks, not a hammer to be used to take private property for use by other private entities to make money for themselves and the government that approves it.
This bill will narrow the scope of the eminent domain law and protect farms that are needed to provide food security for citizens.