Adrienne Bresnahan/Getty Images
Residents of the Garden State have been inundated with stories lately of local government using eminent domain to seize property.
Whether it’s small airports, a family farm, or even a church, no one seems safe if land might be valuable to New Jersey.
Eminent domain refers to the power vested in the government, whether it be federal, state, or local, to take private property for public use. Typically, eminent domain is enforced when land is wanted for public projects like highways and other public infrastructure.
But the process leaves residents divided and landowners nervous, all while local officials are seemingly trying to keep up with ensuring New Jersey remains one of the hottest housing markets in the nation.
But at what cost? And is the Trump administration is prepared to do anything about it?
New Jersey mayor uses eminent domain to seize church—and build pickleball courts on the site instead
In Toms River, NJ, the mayor’s plan to use eminent domain to condemn a church, raze it, and build a park and pickleball courts made national headlines via the New York Times.
The land, which is owned by the Episcopal Diocese of New Jersey, was poised to start construction on a 17-bed, overnight shelter for the homeless when local officials announced the town’s alternative intentions for the property.
Neighbors of the area are divided; some were appalled by the move to destroy the 160-year-old church, while others welcome plans to have 10 pickleball courts, a soccer field, and a nautical-themed playground in the community.
But the church’s attorney says the use of eminent domain for the park would violate religious freedom protections.
“It is blatantly illegal, improper, and violates the United States Constitution, as well as numerous New Jersey laws and case law,” the church‘s attorney, Harvey York, told NJ.com. “No town has ever done this, let alone done it to a church, and it‘s clearly retribution.”
But the situation in Toms River is just one of many popping up in New Jersey as of late.
Eminent domain cases are happening all over New Jersey
Andy Henry and his brother own a 175-year-old family farm in Cranbury Township. The town wants to take the property via eminent domain to build affordable housing. Henry’s family has owned the farm since 1850 and, according to an interview he gave local outlet News12, in the more than 10 years they’ve managed the farm themselves, developers have offered $20 million to $30 million to buy the property. Now, the local government is taking its shot.
The situation has received national attention, with U.S. Department of Agriculture Secretary Brooke Rollins taking to X on June 17 to announce she was “looking into this situation immediately,” adding, “We must protect family farms at all costs.
“The Biden-style government takeover of our family farms is over,” she wrote. “While this particular case is a city eminent domain issue, we @usda are exploring every legal option to help.”
“We are honored to have US Secretary of Agriculture Brooke Rollins’ support. Madam Secretary Rollins has shown outstanding leadership in helping to preserve valuable farmland and her interest in this case is very important to farmers throughout the Country,” shared Henry’s attorney, Timothy Duggan, of Stark & Stark. He specializes in eminent domain cases.
Speaking to Realtor.com® earlier in the summer, Duggan explained that redevelopment housing laws in the state are one of two reasons that New Jersey has an advantage in using eminent domain.
Duggan, who is representing the property owner of Henry Farm in Cranberry Township, shared that redevelopment laws in New Jersey allow for “private property to be taken from one private property owner and transferred to another private entity for development,” making it desirable for investors.
He added that New Jersey also benefits from being a “quick take” state.
“This allows the government to obtain the title to real estate at the beginning of an eminent domain case in order to start a project,” he explained.
“In many cases, the government just has to deposit its initial offer for the property into court and file a two-page document with the county to get title to a property. Once that happens, the parties can have a trial to determine if the government must pay more for the property.”
The affordable housing deadline
Though not the catalyst for all eminent domain actions in the state, providing more affordable housing offerings might be partly spurring the trend.
The Garden State finds itself at a pivotal point in providing affordable housing for residents. By 2035, New Jersey towns must add or renovate over 146,000 affordable housing units, based on numbers calculated by the state. This falls under the direction of the Mount Laurel Doctrine, which states that all New Jersey municipalities must provide their fair share of affordable housing for the region.
“The New Jersey redevelopment laws allow for the use of eminent domain to assemble properties and allow towns much more flexibility on what can be built on a property,” Duggan explained. “Used the proper way, the redevelopment laws can be a very fair and productive way to meet affordable housing needs. However, used the wrong way, and we can see valuable historic farms disappear.”
And that’s what’s happening with the Henry farm. The land surrounding the farm has already been bought up by warehouses, which feels glaringly unsuitable for a housing development.
“It is hard to understand how building affordable housing in a neighborhood that is isolated from the rest of the town and in the middle of a warehousing district is fair and equitable to anyone,” Dugan added.
Keeping up the good fight
But the fight to keep property can be won. In March 2025, the owner of a private airport in Monmouth County celebrated a major victory after county officials officially abandoned efforts to seize the land through eminent domain.
The Monmouth County Commissioners ended their year-long campaign to take over the 746-acre Wall Township airport, which coincidentally sits just miles away from the recently announced Netflix production studio. While the town cited safety concerns with the property, the airport owners stood their ground and won to keep the property.
“With the county’s decision to withdraw its claim on my property, I can resume my dream to make the airport into the first-class facility I have always dreamt it would become,” Alan Antaki, owner of the Monmouth County Executive Airport, said in a statement. “Instead of investing hundreds of thousands of dollars in lawyers, I can now invest millions in the airport.”
As for the church in Toms River, the final town council vote will take place on July 30. A GoFundMe campaign to help the church with legal fees has raised more than $12,000 so far.
