Eminent Domain in New Jersey: When “The Garden State” Comes for Your Garden
In New Jersey, progress often comes at a price—sometimes that price is your property.
Eminent domain gives government the power to take private property for “public use” such as roads, schools, or affordable housing, as long as the owner receives “fair compensation.”
It sounds fair in theory, but in New Jersey, that power has been stretched to its limits. The state’s high density, strict housing mandates, and redevelopment laws have turned eminent domain into one more reason why property owners feel trapped.
If you think owning a home here means security, think again. In the Garden State, your land can be taken in the name of “progress.”
Why New Jersey Uses Eminent Domain So Often
New Jersey’s small size and lack of open land make it one of the most aggressive states in the country when it comes to eminent domain.
No space left to build. With over 9 million people squeezed into less than 9,000 square miles, every new road, rail line, or apartment project has to come from somewhere—and that “somewhere” is often private property.
Redevelopment loopholes. Towns can label areas “in need of redevelopment” even when they aren’t blighted, then hand the land over to developers.
Affordable housing quotas. State court rulings force towns to plan for more than 146,000 new affordable units by 2035. When there’s no empty land left, municipalities target existing homes, farms, and small business districts.
Courts that side with towns. After the 2005 Kelo v. City of New London case, many states tightened their laws. New Jersey didn’t. Towns here can still take private property if they can argue it serves a “public purpose.”
Owning land in New Jersey doesn’t mean controlling it. Once the government decides your property is “better used” for something else, it’s nearly impossible to stop.
The Henry Family Farm Fight
In Cranbury Township, the Henry family farm, a 175-year-old property that’s been in the family since 1850, became the target of a housing plan. The town wanted to build 130 affordable housing units on half the farm’s land using eminent domain.
The Henry brothers, Andy and Christopher, refused to give up. They sued, arguing that the land was unsuitable for development and that seizing it violated their rights. The case drew national attention. Even Governor Phil Murphy and federal officials weighed in, eventually supporting the family.
After months of pressure and a change in housing rules, the township backed off. The Henrys kept their farm.
“It’s been our legacy for 175 years,” said Andy Henry. “Our ancestors survived fires, depressions, and everything else. To finally keep it in the family is just such a blessing.”
Most New Jersey property owners don’t get that lucky.
The Emerson Business Owners Who Had Their Businesses Disrupted
In Emerson, Bergen County, the borough targeted Block 419 for redevelopment, designating the area “in need of redevelopment” and initiating lease‐condemnation efforts under its redevelopment agreement. Among the affected businesses was Cork & Keg Liquors, which relocated after the borough voted to condemn its lease. Lawsuits were filed by business owners who say the town abused the eminent‐domain and redevelopment laws. Meanwhile the proposed mixed-use complex has seen demolition activity but remains stalled, leaving empty lots and legal entanglements rather than the promised revitalization.
The Garden State Parkway Was Built the Same Way
The Garden State Parkway, built in the 1950s, was one of New Jersey’s largest eminent domain projects. Thousands of homes and farms were seized to create the highway.
Entire neighborhoods were wiped out. Families were displaced with little compensation or notice. There was no relocation assistance, and property owners often discovered bulldozers on their lawns before paperwork was finalized.
What was once called “progress” left behind a legacy of resentment and mistrust. The Parkway may have connected the state, but it also showed how quickly New Jersey is willing to bulldoze over its residents for “public benefit.”
Is New Jersey Worse Than Other States?
Yes.
Other states strengthened property protections after Kelo v. New London. New Jersey didn’t. Here, towns still have wide authority to take private property and give it to developers if they can argue it will “create jobs” or “increase tax revenue.”
New Jersey’s Local Redevelopment and Housing Law lets towns label almost any property “obsolete” or “underutilized.” Once that label sticks, your property is fair game.
Combine that with:
The highest population density in the nation
Mandatory affordable housing quotas
Politicians closely tied to developers
and you have a state where private property rights are weaker than anywhere else on the East Coast.
Public Good or Private Gain?
Eminent domain was meant for highways and schools, not condos and shopping centers. But in New Jersey, those lines blurred long ago.
The government sells it as “revitalization.” Residents experience it as loss.
For every Henry family that wins, dozens of small property owners lose. Their homes become construction sites, their businesses become empty lots, and their investment becomes someone else’s opportunity.
In a state already drowning in taxes, bureaucracy, and costs, eminent domain feels like the final insult. You’re paying to live on land the government can take back whenever it wants.
What Homeowners Can Do
If your property becomes a target:
Call an attorney immediately. You can challenge the taking or the compensation.
Don’t take the first offer. Towns often start with lowball numbers.
Request proof of “public need.” Make them show documentation.
Keep records. Every letter, appraisal, and offer counts.
Get neighbors involved. Public pressure can shift political decisions.
But sometimes, the smartest move isn’t to fight—it’s to get out.
Why So Many New Jersey Homeowners Are Leaving
Eminent domain is just another symptom of a deeper problem in New Jersey. The taxes never stop climbing, the regulations never stop growing, and even the land you think you own isn’t truly yours.
From century-old farms to family-run liquor stores, the message is clear: in New Jersey, the government always wins.
So if you’re tired of the constant fight—property taxes, red tape, overreach—it might be time to start your own escape plan. Sell your home while values are still high and start fresh somewhere your property rights actually mean something.
Because here in the Garden State, the only thing that seems to grow anymore is government power.
Kevin Hill
Founder of EscapeFromNewJersey.com
Helping New Jersey homeowners understand the real costs, frustrations, and freedoms at stake—and how to make a clean break.
