New Jersey 2026-2027 Regular Session

New Jersey Assembly Bill ACR15

Introduced
1/13/26  

Caption

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

Impact

If passed, ACR15 would amend Article VIII, Section III, paragraph 1 of the State Constitution and redefine the scope of private property acquisition under eminent domain. The new definition of 'essential public purposes' would ensure that land acquisitions could only take place under well-defined categories, removing broad interpretations that allowed for the seizure of land for redevelopment or other non-essential uses. It aims to provide better protection for homeowners and business owners against what proponents argue has been government overreach in property acquisitions.

Summary

ACR15 is a concurrent resolution proposing an amendment to the New Jersey State Constitution aimed at limiting the exercise of eminent domain by state and local governments. The amendment seeks to restrict the government's ability to acquire private property exclusively for essential public purposes such as utilities, transportation, educational facilities, and health care, while prohibiting the acquisition of land for purposes such as eliminating blight. This change is a direct response to concerns raised by the Supreme Court's decision in Kelo v. City of New London, which had expanded eminent domain powers.

Contention

The proposed amendment has generated debate regarding the balance between public development needs and individual property rights. Supporters argue that ACR15 reinforces property rights and provides protection against potential government abuses in land acquisitions for non-essential developments. On the contrary, opponents may contend that limiting eminent domain could hinder necessary infrastructure projects or redevelopment efforts, particularly in economically distressed areas where blight remediation can be vital for community revitalization.

Companion Bills

NJ SCR69

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

NJ ACR17

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

NJ SCR40

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

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