The issue of farm eminent domain is once again in the public spotlight: a 175-year-old family farm in Cranbury, New Jersey, is facing seizure to make way for affordable housing. This high-stakes showdown, unfolding as of June 2025, highlights tensions between historic farmland preservation and state-mandated public projects. Experts caution that this case could have far-reaching implications for property rights nationwide—and it’s a critical moment for landowners to stay informed
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Why the New Jersey Farm Eminent Domain Case Matters
In Cranbury Township, Chris and Andy Henry are confronting a land-use mandate. Their family’s 21-acre farm on South River Road, stewarded since 1850, may be seized under farm eminent domain rules to meet affordable‑housing quotas. The Township Committee unanimously approved giving itself the right to force the sale unless the Henrys agree to a price. A Planning Board vote is expected in July, and the brothers are working with attorneys to resist the seizure. This case illustrates how farm eminent domain isn’t just theoretical—it’s personally devastating to generational landowners.
Other Flashpoints in U.S. Farm Eminent Domain Disputes
Across the nation, farmers are clashing with government and private agencies over property rights:
- Hancock County, Georgia: The Smith family, owners of nearly 600 acres, face a railroad-backed eminent domain action aimed at expanding a 4.5-mile rail spur. This use of farm eminent domain by a private railroad, sanctioned by a unanimous state commission vote, has triggered claims of overreach and fears their land will be devalued.
- Brighton, Colorado: Palizzi Farms recently lost a court case involving eminent domain to allow the Parkland Metropolitan District to build infrastructure. The loss underscores that even established family farms are not immune from being taken in the name of public utilities or development projects.
- Veteran vs. pond preservation: In another battle, John Moriarity—a veteran and farmer—has spent 25 years fighting to preserve his pond and property, resisting repeated state incursions under eminent domain laws designed for conservation or utilitarian purposes.
Clearly, farm eminent domain is emerging as a flashpoint when farmers face infrastructural or development needs posed by authorities or private entities.
Carbon Pipelines and Farm Eminent Domain Tensions
The contentious farm eminent domain debate extends to high-profile carbon pipeline projects. Summit Carbon Solutions’ proposed $9 billion, 2,500-mile carbon dioxide pipeline across five Midwest states has relied heavily on the use of eminent domain to obtain right-of-way. The company has filed over 150 eminent domain lawsuits in South Dakota alone, one of over 230 across multiple states. Rapid pushback—political, legal, public—culminated in South Dakota passing a law in March 2025 that prohibits using eminent domain for CO₂ pipelines. This move forced Summit to reassess its route, even as states like Iowa continue to allow land takings under the common‑carrier doctrine. The pipeline fight is now emblematic of how farm eminent domain can ignite fierce debate over balancing environmental goals with property rights.
Key Takeaways for Landowners Facing Farm Eminent Domain
If you’re a farmer or property owner facing eminent domain threats, consider these critical steps:
- Understand state-specific rules: Each state differs in how it uses eminent domain—landowners in Iowa, Georgia, Colorado, and New Jersey must navigate different legal pathways.
- Preserve proper compensation: Under the Fifth Amendment, takings must come with just compensation. Enlisting appraisers and legal counsel is vital to ensure fair market value.
- Track precedents: States are increasingly banning eminent domain for private‑gain uses, including pipelines and housing—South Dakota’s 2025 law is a landmark example.
- File challenges: Many landowners, like the Henrys in New Jersey and Moriarity elsewhere, are appealing through courts and commissions—never underestimate legal mechanisms.
Why You Should Care
- Heritage at risk: Centuries-old farms, like those in Cranbury and Hancock County, stand to be uprooted despite their historical and communal value.
- Legal ripple effects: Landmark cases can redefine how farm eminent domain is applied across sectors—from housing to energy infrastructure.
- Public interest vs. private rights: These controversies illustrate tension between achieving social goals (affordable housing, environmental projects) and protecting individual landowners.
What’s Next in the Farm Eminent Domain Debate?
- New Jersey: Cranbury Township’s July vote could chart a new course for how towns use eminent domain to meet state housing mandates.
- Midwest pipeline fights: Facing multiple court challenges and bans, Summit may pivot routes or negotiate compensation to avoid hard takings.
- Legislative fallout: If more states follow South Dakota and restrict private‑use eminent domain, that could limit the scope of future farm seizures.
If you’re a farmer or landowner impacted by farm eminent domain, act now: seek legal advice, stay informed on local developments, and connect with advocacy groups. These ongoing battles show how crucial it is to protect your land and legacy.