Are there any restrictions on the type of property subject to eminent domain?

Yes, there are restrictions on the type of property subject to eminent domain in New Jersey. Generally, the property must be used for a public purpose and cannot include property owned by the federal, state, or local government. For example, property acquired through eminent domain in New Jersey cannot be used for private development or for commercial purposes. Property used to generate revenue or create jobs would also be excluded from acquisition. In addition, the New Jersey Supreme Court has ruled that special protections are in place for certain types of property, such as those which are unique or irreplaceable due to their history or environment. These properties may not be acquired through eminent domain. The Garden State also provides protections for “low-income housing” and “affordable housing” which may not be acquired through the use of eminent domain. This type of property is also protected from certain civil eminent domain proceedings, allowing the state to more narrowly define which types of property may be subject to takings. Finally, the New Jersey Constitution also prohibits the use of eminent domain for certain types of property. This includes properties owned by churches and other religious organizations, as well as properties which have been dedicated to a public purpose. As a result, these types of properties are exempt from any takings.

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Are there any restrictions on the type of property subject to eminent domain?

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