The Case
On July 21, 2026, the New Jersey Supreme Court issued a unanimous 7-0 opinion in Township of Jackson v. Getzel Bee, LLC. The case involved an attempt by the Township of Jackson to condemn two private properties with the intent that they be swapped with a private developer in exchange for other property that the Township would then dedicate to open space.
The property owners challenged the condemnations. The trial court sided with the Township and authorized the takings. The Appellate Division reversed, holding that the Township had not identified a valid public purpose because the condemned lots themselves were never going to be used by the public – they were, in the Appellate Division’s words, being condemned merely as “currency” to trade for other land. The Supreme Court granted certification and affirmed the Appellate Division, invalidating the condemnations.
The Court Confirms Municipal Open-Space Condemnation Authority Under MiPro
Important for municipalities and private property owners alike, in reaching its decision, the Court took the opportunity to reaffirm settled law that a municipality possesses the legal authority to condemn land for open space preservation. Citing its own 2006 decision in Mount Laurel Township v. MiPro Homes, L.L.C., 188 N.J. 531 (2006), aff’d o.b., 379 N.J. Super. 358 (2005), the Court reiterated that such takings “constitute[] a public use.” The Supreme Court reiterated the holding in the MiPro case that a municipality may condemn property “to slow down residential development even without a plan in place to put the property to any active recreational use.”
The Court’s discussion affirms that MiPro remains good law: a municipality possesses the power to condemn private property for open space as a public use, even where its purpose may include slowing or preventing development that would otherwise occur on that parcel or that there is no concrete plan for the recreational use of it.
But the Public Use Must Attach to the Condemned Land Itself
The Getzel Bee case held that the “public use” requirement is not satisfied when condemned property is acquired solely to be exchanged with a private developer for different land that will later be devoted to public use. The Court also weighed what it considered to be the Township’s lack of candor about its true purpose, noting the shifting justifications offered in the successive ordinances that undercut the Township’s position. Municipalities, the Court emphasized, must “act forthrightly” and “turn square corners” when exercising the extraordinary power of eminent domain. Thus, land-swap and “currency” condemnation structures are prohibited. Condemning Parcel A in order to trade it for Parcel B, which will then serve the public purpose, does not satisfy the public use requirement, even where the end goal (open space) would itself have been permissible if pursued directly.
What This Means Going Forward
While Getzel Bee involves a municipality exceeding its condemnation powers, the holding reaffirms that a municipality may condemn property for open space purposes as outlined in the 2006 MiPro decision. This case provided the New Jersey Supreme Court with an opportunity to reiterate the validity of this 21-year-old case law – which it took. As such, the decision may have import for many municipalities that seek to acquire properties to slow development for what they believe to be the betterment of their communities, as well as private property owners that may be subject to such condemnation actions.
King, Moench & Collins LLP regularly advises municipalities and private landowners alike on eminent domain, open space acquisition, and land use matters throughout New Jersey. If your municipality is considering a condemnation for open space or other public purposes, or if you are a property owner facing a proposed taking, we encourage you to reach out to discuss how this decision may affect your matter. Please contact Michael L. Collins, Esq. at 732-546-3670 or mcollins@kingmoench.com.
This Client Alert is provided by King, Moench & Collins LLP for general informational purposes only and does not constitute legal advice. The information contained herein is based on New Jersey law as of the date of publication and is subject to change. Reading this alert does not create an attorney-client relationship between you and King, Moench & Collins LLP. You should not act, or refrain from acting, based on this alert without seeking advice from an attorney licensed in your jurisdiction regarding your particular facts and circumstances.