Bill Text: NJ SR136 | 2024-2025 | Regular Session | Introduced
Bill Title: Calls upon Cranbury Township Committee to reconsider proposed use of eminent domain to seize historic Henry Farm; calls for State eminent domain reform.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2025-06-30 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [SR136 Detail]
Download: New_Jersey-2024-SR136-Introduced.html
Sponsored by:
Senator DOUGLAS J. STEINHARDT
District 23 (Hunterdon, Somerset and Warren)
Co-Sponsored by:
Senator Space
SYNOPSIS
Calls upon Cranbury Township Committee to reconsider proposed use of eminent domain to seize historic Henry Farm; calls for State eminent domain reform.
CURRENT VERSION OF TEXT
As introduced.
A Senate Resolution concerning use of eminent domain to seize active farmland, by calling upon the Cranbury Township Committee to reconsider the seizure of the historic Henry Farm and calling for State eminent domain reform.
Whereas, Andy and Christopher Henry are the current owners of their family's 21-acre farm, which has been in the family for generations since their great grandfather bought the land in 1850; and
Whereas, The Henry brothers have invested more than $200,000 into maintaining the land since they took ownership of the farm 12 years ago; and
Whereas, The two-story, white house on the property was built by the family after the original home burned down around 1878; and
Whereas, In March 2024, Cranbury Township began its process to identify sites that could help meet its affordable housing requirements; and
Whereas, The brothers received a letter in April 2025 from the township stating their property was being considered as a site to meet the township's affordable housing requirements; and
Whereas, The brothers were informed that if a deal cannot be reached with the family to sell the property, the township could take the farm through eminent domain; and
Whereas, The township committee unanimously approved an ordinance on May 12, 2025 authorizing and directing the township to initiate proceedings pursuant to "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), to acquire for public use, by voluntary conveyance or by condemnation, a fee simple or lesser title interest in the lands and improvements of the Henry Farm; and
Whereas, Residents packed committee meetings to support the Henry family, with many echoing calls to consider other sites and questioning when the township will push back on State housing mandates; and
Whereas, Andy Henry has said he has no intention of selling the land and plans to fight the township's plans to take it by eminent domain, and that he wishes to keep the farm with the Henry family; and
Whereas, An online fundraiser was created by residents to help the Henry family cover legal fees to fight the township's decision; and
Whereas, Andy Henry has stated that the "farm represents exactly what [the] town prides itself on," further noting that the farm "has open space, rich history, and a farmhouse"; and
Whereas, Despite objections from dozens of residents, the Cranbury Township Committee approved the plan to acquire the Henry family farm to meet State-mandated affordable housing requirements; and
Whereas, Andy and Christopher Henry visit the family farm regularly to check on it, as the farm is operated by a local tenant who raises sheep and cattle on the farm; and
Whereas, The farm is purportedly worth upwards of $5,000,000 today, based on recent reports; and
Whereas, The issues around the use of eminent domain in the case of the Henry Farm are greater than just the acreage of the Henry farm itself, and raise broader societal implications for the preservation of agricultural heritage in the Garden State; and
Whereas, Cranbury Township has a long farming tradition that should be respected, and its historic district, which includes buildings from the 19th Century, was originally created as a place to serve local farmers and the agriculture industry; and
Whereas, Cranbury Township has in recent years preserved over 2,000 acres of farmland; and
Whereas, New Jersey's Farmland Preservation Program has a stated goal of permanently preserving 500,000 acres of farmland by 2050; and
Whereas, Cranbury Township's plan to seize the property goes against Cranbury's long-standing farmland preservation efforts as well as those of the State, and the township should consider designating other areas as available for development to meet mandated affordable housing requirements; now, therefore,
Be It Resolved by the Senate of the State of New Jersey:
1. This House calls upon Cranbury Township to reconsider the township committee's proposed use of eminent domain to condemn and take the historic Henry Farm, and thereby reduce the acreage of active farmland in the township and the State.
2 This House further call upon the Governor and Legislature to limit the use of eminent domain and to reconsider State laws that solve a housing crisis by creating a food insecurity crisis.
3. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate to the Governor, the Clerk of the General Assembly, the Municipal Clerk for Cranbury Township and each member of the Cranbury Township Committee, including Lisa Knierim, Eman El-Badawi, Robert Christopher, Barbara F. Rogers, and Matthew A. Scott.
STATEMENT
This resolution of the Senate calls upon Cranbury Township to reconsider the township committee's proposed use of eminent domain to condemn and take the historic Henry Farm, and thereby reduce the acreage of active farmland in the township and the State.
The resolution further call upon the Governor and Legislature to limit the use of eminent domain and to reconsider State laws that solve a housing crisis by creating a food insecurity crisis. If carried to its logical conclusion, the State's "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.), will replace farmland with housing creating a greater need for farmland to feed the increased population, thus solving one crisis by creating another.
Andy and Christopher Henry are the current owners of their family's 21-acre farm, which has been in the family for generations since their great grandfather bought the land in 1850. The Henry brothers have invested more than $200,000 into maintaining the land since they took ownership of the farm 12 years ago.
In March 2024, Cranbury Township began its process to identify sites that could help meet its affordable housing requirements, and the brothers received a letter in April 2025 stating that their property was being considered as a site to meet the township's affordable housing requirements. The brothers were further informed that if a deal could not be reached with the family to sell the property, the township could take the farm through eminent domain.
The township committee unanimously approved an ordinance on May 12, 2025 authorizing and directing the township to initiate proceedings pursuant to "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), to acquire for public use, by voluntary conveyance or by condemnation, a fee simple or lesser title interest in the lands and improvements of the Henry Farm. Cranbury Township residents packed committee meetings to support the Henry family, with many echoing calls to consider other sites and questioning when the township will push back on State housing mandates.
Andy Henry has said he has no intention of selling the land and plans to fight the township's plans to take it by eminent domain, and that he wishes to keep the farm with the Henry family. Andy Henry has further stated that the "farm represents exactly what [the] town prides itself on," further noting that the farm "has open space, rich history, and a farmhouse."
Despite objections from dozens of residents, the Cranbury Township Committee approved the plan to acquire the Henry family farm to meet State-mandated affordable housing requirements.
The issues around the use of eminent domain in this case are greater than just the acreage of the Henry farm itself, and raise broader societal implications for the preservation of agricultural heritage in the Garden State.
Cranbury Township has a long farming tradition that should be respected, and its historic district, which includes buildings from the 19th Century, was originally created as a place to serve local farmers and the agriculture industry. Cranbury Township has in recent years preserved over 2,000 acres of farmland, and Cranbury Township's plan to seize the property goes against Cranbury's long-standing farmland preservation efforts. Seizing of the farm also runs contrary to the New Jersey's Farmland Preservation Program's stated goal of permanently preserving 500,000 acres of farmland by 2050
This House calls upon the Township of Cranbury to reconsider its use of eminent domain to take active farmland.
