NJ SCR40

Proposes amending Article VIII, Section III of the New Jersey Constitution to restrict eminent domain to "essential public purposes" only.

Defines essential public purposes as 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.

Eliminates the current constitutional provision allowing government to take private property for clearing, replanning, developing, or redeveloping blighted areas.

Preserves the ability to grant tax exemptions to private corporations for blighted area redevelopment, but prohibits using eminent domain for such projects.

Responds to the 2005 U.S. Supreme Court decision in Kelo v. City of New London, which upheld municipal condemnation of private residences for private redevelopment.