“Pandora’s box”: Federal interest in NJ farm case exposes high stakes for American farmland
Agriculture Secretary Rollins, local advocates say seizing 175-year-old Henry farm for affordable housing could trigger a nationwide trend.
Federal intervention in New Jersey farm dispute underscores high stakes for farmland rights nationwide
Seizing the Henry farm in Cranbury, New Jersey for affordable housing would set a dangerous precedent for farmland rights. In a rare move for a presidential cabinet member, Agriculture Secretary Brooke Rollins is deeply involved in what at first appears to be a small, localized land use dispute.
In addition to condemning the seizure publicly, UNWON has confirmed Rollins is working behind the scenes to help brothers Andy and Chris Henry in their eminent domain battle. The outcome could have dramatic implications for farmers nationwide.
“Secretary Rollins getting involved raised this to a higher level,” says Tim Duggan, the attorney representing the Henrys. “Her support is very important. She’s brought national and local attention to the farming side of this and how important it is to preserve these farms.”
The land has been in the Henry family for 175 years. They don’t want to sell, at any price. Cranbury’s town council is now moving to seize the property to comply with the state’s “aggressive” affordable housing mandate. If successful, the move could have far-reaching consequences for farmers and ranchers across the country.
Taking a fourth-generation farm for housing a “Pandora’s box” for farmland rights
“The case is a signal of what can be done to farms in America,” says John Koufos, head of the D.C.-based consulting firm Cottage Four and a former colleague of Rollins at the Texas Public Policy Foundation (TPPF). He is advising Duggan pro bono at Rollins’ request.
“I am a huge proponent of affordable housing, but under no circumstances can we take precious farmland unless it’s for the highest and most important use,” Koufos says. “This land isn’t even optimal for housing. If that becomes the precedent, it opens Pandora’s box for farmland rights. That’s why people are coming out of the woodwork on this.”
The Henry farm sits within what has become Cranbury’s warehouse district, adjacent to the New Jersey Turnpike and separated from the town’s designated housing zone.
“The precedent being set is that you can take a 200 year-old working farm on not-optimal land and build affordable housing there,” he adds. “If this happens, you’ll see governments across the country try to do the same. The Henry farm will be the first.”
“Lazy” planning puts farmland at risk, says attorney
Duggan argues the township is pursuing the Henrys’. farm not because it’s the best site, but because it’s the easiest.
“It’s harder to build affordable housing in multiple smaller projects throughout town, but it’s also fairer,” Duggan says. “This plan isolates an affordable housing neighborhood and excludes it from the balance of the township. Taking farmland should be a last resort. You need to bend over backwards to avoid taking it and we don’t believe Cranbury is doing that.”
He notes that farmers are vulnerable in eminent domain fights.
“Governments often feel farmland isn’t as valuable so it’s cheaper to take, especially in rural areas. These farms are easier pickings and farmers can’t always afford to lawyer up the way developers can.”
Cranbury presses forward despite national backlash
Despite the scrutiny, Duggan says Cranbury is moving forward. The Henrys recently received a letter notifying them of the township’s intent to appraise the farm—the next step toward formal seizure.
“The letter surprised us,” Duggan says. “We thought the township might hold off until the court approves or disapproves.” He has filed a lawsuit to challenge the ordinance allowing the take and submitted a preservation application with the New Jersey Department of Agriculture.
According to Koufos, Rollins’ involvement has accelerated that preservation process.
Duggan plans to file a new legal challenge within 30 days contesting the inclusion of the Henry farm in Cranbury’s Affordable Housing Plan.
“We have Secretary Rollins’ support, which we believe is very important. Most of the community is on our side. And we think the courts will give us a fair shake.”
“New Jersey is going to be paved end to end”
Over years of practicing eminent domain law, Duggan has seen growing public support for farmland protection, especially in the face of worsening floods in New Jersey.
“Overdevelopment is a major factor in these floods,” he says. “You need farmland to absorb water. I think people are finally focusing on keeping open space and farmland.”
He argues that many environmental challenges attributed to climate change stem from poor land use and planning.
“Our problem has been poor land management. We created this problem. Now, some people are finally thinking about how to manage these resources because we’re seeing the effects firsthand.”
New Jersey, nicknamed the Garden State, lost more farmland than any other state between 1982 and 2007. During that period, it lost 27% of its agricultural land to development.
“You’ve got to preserve some of this heritage,” Duggan says. “Otherwise, you’ll blink and New Jersey will be paved end to end.”
Rollins has long record on property rights
Koufos is originally from New Jersey and feels a personal connection to the case. He says Rollins’ commitment to property rights is deeply rooted.
“Knowing Brooke, she has always been on the frontlines of property rights—always. It’s in her DNA.”
Rollins, considered an outsider pick to lead the U.S. Department of Agriculture, has a long record in conservative policy, including leading TPPF from 2003 to 2018 and founding the America First Policy Institute. At TPPF, she fought eminent domain abuse and government overreach on farmland, while opposing federal subsidies and ethanol mandates.
While serving in the first Trump administration, Rollins helped roll back environmental regulations viewed as burdensome to agriculture—most notably the controversial Waters of the U.S. (WOTUS) rule.
As USDA Secretary, Rollins made national headlines by intervening on behalf of a South Dakota ranch family facing prison over a decades-old fence line. In that case, the U.S. Forest Service allegedly trespassed on the family’s private land and withheld survey results, even as it pursued criminal charges against the couple.
Koufos believes the Henry case is a natural fit for her.
“It’s so special and important Brooke has taken this on personally,” he says. “It sends a clear message to overzealous government operators: Find your land somewhere else.”
I'm sending this article to our state's Secretary of Agriculture, who happens to live down the road from us. We're seeing a rapid loss of farmland in NC. There have been strange moves, like a developer who was able to "de-annex" acreage in the middle of a small town's city limits because he didn't like their zoning requirements. He'll now be able to build his development based on more generous County guidelines. State politicians, many Republicans, voted to allow him to do this first time, "de-annexation".
These brothers do have a GoFundMe account, which I've donated to, and will again. We don't need to just worry about farmland, but about any private property. The government is telling us that there is no such thing as privately owned property, and eminent domain can happen for any reason.
I have been reading a lot lately about really disgusting underhanded tricks to try to wreck people's land value by claiming that it is flood zone when it is not, or some other crap like calling it a superfund site or stuff is contaminated on it. All the while, their machinations are to drive down the value of property to nothing and then steal it.
The land theft game is on.
Look at this resource and I recommend you support them.
https://americanstewards.us/