ASSEMBLYMAN SEAN KEAN BILL TARGETS EMINENT DOMAIN

CONSTITUTIONAL AMENDMENT WOULD BAR TAKING PROPERTY UNLESS DANGER TO COMMUNITY

Assemblyman Sean Kean has introduced legislation that would strictly limit when towns could use the power of eminent domain to seize private property.

The measure introduced on December 14 would amend the State Constitution to prohibit the use of eminent domain for private development unless the property is demonstrated to be detrimental to the health, safety or welfare of the community.

Kean said he introduced the bill in response to what he considers the abuse of eminent domain in New Jersey and in his legislative district.

“The power of eminent domain is being abused throughout the state and in towns right here in Monmouth County,” he said. “Hardworking people are having their homes taken from them simply because they happen to be located in areas coveted by developers.”

If the legislation, ACR-225, becomes law a ballot question will go before the voters that asks if the Constitution should be amended to allow property to be taken when the municipality proves it negatively affects the community.

Kean said the bill would ensure that citizens’ homes cannot be seized simply because development at that location would bring in more tax revenue.

“People should not have to live in fear of having their homes taken out from under them by governments that want to increase ratables,” said Kean. “This measure will help ensure that eminent domain is only used for properties that have been proven to negatively impact on a community.”

Kean said he is hopeful that his colleagues in the Legislature will recognize the need to act quickly on this measure.

“Right now, perfectly good homes are being seized and handed over to private developers who only care about lining their pockets,” said Kean. “Eminent domain was never intended to be used in this fashion and the Legislature must act quickly to rein in this abuse of government power.”
 

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