Bill Text: NJ SCR63 | 2010-2011 | Regular Session | Introduced

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

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-02-04 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [SCR63 Detail]

Download: New_Jersey-2010-SCR63-Introduced.html

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SENATE CONCURRENT RESOLUTION No. 63

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 4, 2010

 

 

Sponsored by:

Senator  DIANE B. ALLEN

District 7 (Burlington and Camden)

 

 

 

 

SYNOPSIS

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

 

CURRENT VERSION OF TEXT

     As introduced.

  

A Concurrent Resolution proposing to amend Article VIII, Section III, paragraph 1 of the Constitution of the State of New Jersey.

 

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

 

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

 

PROPOSED AMENDMENT

 

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

     1.    [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] Public 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,] exercise the power of eminent domain for essential public purposes.  Essential public purposes shall include and be limited to utility and transportation corridors, educational facilities, airports, correctional facilities, solid waste handling facilities, landfills, sewage treatment facilities, storm water management facilities, in-patient health facilities, and recreational facilities. 

     Improvements undertaken by a private corporation in connection with the clearance, replanning, development or redevelopment of blighted areas shall be a public purpose and public use in order to develop or redevelop blighted areas, for which eminent domain may not be exercised, but which 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.

(cf:  Article VIII, Section III, paragraph 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 Attorney General, 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 (T) in the square opposite the word "Yes."  If you are opposed thereto make a cross (X), plus (+) or check (T) in the square opposite the word "No."

     b.    In every municipality the following question:

 

		CONSTITUTIONAL AMENDMENT TO LIMIT THE EXERCISE OF EMINENT DOMAIN TO THE ACQUISITION OF LAND FOR ESSENTIAL PUBLIC PURPOSES
	YES	Shall the amendment to Article VIII, Section III, paragraph 1 of the State Constitution, agreed to by the Legislature, to limit the exercise of eminent domain powers by government to the acquisition of land for essential public purposes, be approved?
		INTERPRETIVE STATEMENT
	NO	This proposed amendment would limit the power of State and local government to take private property for public use by requiring that this power, known as eminent domain, be used only for an essential public purpose.  This  amendment narrows the definition of public purpose in the State Constitution to mean an essential public purpose.  If this amendment is approved, essential public purposes will include and be limited to the establishment of utility and transportation corridors, educational facilities, airports, correctional facilities, solid waste handling facilities, landfills, sewage treatment facilities, storm water management facilities, in-patient health facilities, and recreational facilities. If approved, this amendment will specifically prohibit the acquisition of private property by government for the clearance, replanning, development, or redevelopment of blighted areas, although it will permit government to continue to grant tax exemptions as incentives for private corporations to undertake redevelopment efforts in blighted areas.

 

 

STATEMENT

 

     This concurrent resolution proposes a constitutional amendment to limit the eminent domain power of State and local government to
the acquisition of private property only for purposes considered to be "essential public purposes."

     The proposed amendment would define "essential public purposes" to include and be limited to the establishment of utility and transportation corridors, educational facilities, airports, correctional facilities, solid waste handling facilities, landfills, sewage treatment facilities, storm water management facilities, in-patient health facilities, and recreational facilities. 

     Currently, the State Constitution establishes the clearance, replanning, development or redevelopment of blighted areas as a public purpose and public use for which government may take or acquire private property.  This amendment would specifically prohibit government from acquiring private property for these purposes, although it would permit government to continue to grant tax exemptions to private corporations in order to promote the redevelopment of blighted areas.

     It is the sponsor's belief that as a result of the U.S. Supreme Court decision in Kelo et al. v. City of New London (No. 04-108, decided June 23, 2005) which upheld a municipality's right to condemn private residences for private redevelopment, New Jersey homeowners and business owners are now more vulnerable to overreaching government action which impairs private property rights.  Accordingly, this constitutional amendment represents an attempt to protect New Jersey residents from the effects of this decision.