A Middlesex County town is moving to seize a 175-year-old family farm to build a large affordable housing development.
Andy Henry, owner of his family’s farm on South River Road in Cranbury, said he has no intention of selling the land and plans to fight the township‘s plans to take it by eminent domain.
“This farm represents exactly what this town prides itself on,” said Henry, whose great grandfather bought the land in 1850. “It has open space, rich history and a farmhouse. We just want to keep the farm in our family.”
Despite objections from dozens of residents, the Cranbury Township Committee voted earlier this month to approve a plan to acquire the Henry family farm to meet state-mandated affordable housing requirements.
Henry and his brother Christopher, who co-own the property, grew up in Cranbury but now live in New Mexico. They visit regularly to check on the farm, which is run by a local tenant who raises sheep and cattle.
The 21-acre tract of land has been in the family for generations, and the brothers took full ownership about 12 years ago. Since then, they’ve put more than $200,000 into maintaining the land, the family said.
The two-story, white house on the property was built by the family. The original home burned down around 1878, but neighbors stepped in to help rebuild it. It was remodeled in 1958, when Henry and his parents started living there.
The farm, located between the New Jersey Turnpike and Route 130, has been targeted by warehouse developers for more than 30 years. If the family hadn’t resisted the offers to sell, it would be a warehouse like the surrounding properties, the family said.
The site could now be worth upwards of $5 million because of its location, the family’s attorney said.
“In the last 10 years, the offers have tripled, and they just keep coming,” Henry said.
The brothers received a letter in April from the township stating their property was being considered as a site to meet affordable housing requirements. If a deal can’t be reached with the family to sell the property, the township could take the farm through eminent domain, the letter said.
Eminent domain allows the government to take private property, even when the owner doesn’t want to sell, if the site will be used for a public purpose. The owner is paid a market price for the property.
Before unanimously approving the ordinance at a May 12 public meeting, members of the township committee said the decision “does not bring them joy” and was not made without serious consideration.
In March 2024, the township began what became a yearlong process to identify sites that could help meet its affordable housing requirements, according to Cranbury Mayor Lisa Knierim.
By 2035, New Jersey towns must add or renovate over 146,000 affordable housing units, based on quotas calculated by the state. Under the Mount Laurel Doctrine, a series of state Supreme Court rulings, all New Jersey municipalities must provide their fair share of affordable housing for the region.
The requirements have sparked controversy, with some municipalities unsuccessfully suing the state over what they argue are unfair obligations to build affordable units.
Cranbury must allow developers to add 265 affordable housing units over the next 10 years, according to the state’s new calculations. And, by June 30, the township must submit its housing plan to the state.
The township needs to identify locations for developers to build, the mayor said.
“Affordable housing criteria has changed dramatically round to round over the last 40 years, making older, outdated methodologies absolutely impossible and illegal,” Knierim said. “Thus the need for us to change how we identify properties.”
The township committee reviewed more than 50 potential sites for potential development, local officials said. The possible sites were limited due to strict criteria, including access to sewer and water, proximity to mass transit and a 200-foot buffer from warehouse distribution centers, officials said.
With very limited land west of Route 30 meeting the requirements, the pool of eligible properties was small, Knierim said.
Without an approved affordable housing plan in place, Cranbury officials said they fear a developer could sue the township. That could mean a “builder’s remedy lawsuit,” which could give the township less control over what and where developers built.
“This is not where we want to be, but we’re trying to do what’s best for the town and get ahead of this. We’re in a difficult position,” Matthew Scott, a township committeeman, said at the meeting.
Due to ongoing negotiations, township officials declined to disclose details about the potential housing development planned for the farm.
Residents packed committee meetings to support the Henry family, with many echoing calls to consider other sites and questioning when the township will push back on state-required housing mandates.
An online fundraiser was created by residents to help the Henry family cover legal fees to fight the township‘s decision. As of Friday, it had raised more than $8,000 toward a $50,000 goal.
“This isn’t just a battle for one farm. It’s a stand against a system that sees land as dollar signs instead of heritage,” the GoFundMe page says. “Let’s show the Township that Cranbury isn’t for sale. Let’s show Andy that his sacrifices and his love for this land mean something.”
Timothy Dugan, an attorney representing Andy Henry, said the township’s plan to seize the property goes against Cranbury’s long-standing farmland preservation efforts. It could also place a housing development in an industrial area, he said.
Cranbury has a long farming tradition. Its historic district, which includes buildings from the 19th century, was originally created as a place to serve local farmers and the agriculture industry. Over the years, the township has preserved over 2,000 acres of farmland.
However, much of the area where the Henry farm is located has been developed for warehouses.
“This affordable housing’s going to be by itself, surrounded by warehouses,” Dugan said. “How is that a good decision and how is that fair to the low-income people who are going to live there?”
Stories by Nyah Marshall
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Nyah Marshall may be reached at nmarshall@njadvancemedia.com
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