NJ Supreme Court to Clarify Extent of Municipal Eminent Domain Authority

The Supreme Court of New Jersey recently agreed to consider Township of Jackson v. Getzel Bee, LLC; Township of Jackson v. Bellevue Jackson, LLC. The consolidated case involves municipal eminent domain authority in the context of a land-swap agreement. 

Facts of the Case

Getzel Bee, LLC and Bellevue Jackson, LLC, appealed orders of the trial court that authorized the condemnation of their properties, Block 21601, Lots 84 and 90. The original ordinance authorizing the condemnation of the LLCs' land stated the public purpose for condemning the properties was for use as open space. 

The second ordinance, passed after the property owners had opposed the Township's condemnation efforts, elaborated and stated condemnation of the lots was necessary to affect a land-swap agreement the Township had with a private developer, but still did not otherwise identify the proposed use of the condemned lots.

Defendants challenged the condemnation, arguing that the township lacked a proper public purpose to acquire the lots through eminent domain. The trial court rejected the challenge, relying on local ordinances as well as a separate case, White Road HOA, LLC v. Township of Jackson, which also involved the land-swap agreement. 

Appellate Division’s Decision

The Appellate Division reversed. It held that the township's condemnation lacked a stated public purpose and was, therefore, invalid.

“Lots 84 and 90 are not being used for the asserted public purpose of open space—an otherwise valid public purpose for eminent domain. Instead, the record shows the lots are being condemned and combined with land the Township already owns to exchange them for land intended to be used as open space,” the appeals court wrote. “The Township has failed to demonstrate the statutorily required public use of the condemned land and the trial court erred in determining the Township had validly exercised its eminent-domain authority to condemn the properties.”

In reaching its decision, the Appellate Division cited that there is “no reported case in New Jersey, nor has one been brought to our attention, where a private property was lawfully condemned solely to exchange it for other property that will be put to public use.” While the appeals court acknowledged that the Township contended in its opposition brief that the Developer intends to build dormitories for students on the condemned property,

it emphasized that none of the ordinances state how Lots 84 and 90 will ultimately be used, other than as an asset to exchange for other, more desirous land.

Issues Before the NJ Supreme Court

The New Jersey Supreme Court granted certification on September 9, 2025. The justices agreed to consider the following question:

Does the particular parcel of land to be acquired by a municipality through eminent domain have to be put to public use, or may it be exchanged for other land that will serve that purpose?

Oral arguments have not yet been scheduled. Please check back for updates.