NJ family, aided by Trump team, fights to save farm from government seizure for development

The owners of a nearly two-century-old farm in Cranbury Township, New Jersey, are facing down their local government in a case that has become a rally point against government using the force of eminent domain on residents and citizens.

The Henry family's 21-acre farm is under threat of seizure from Cranbury as the township tries to meet a June 30 deadline to submit a state-mandated, affordable housing plan. The township is required to build 265 affordable housing units over the next decade as part of the statewide order.

Eminent domain is the government's power to seize private property for public use, such as infrastructure projects, with compensation to the owner, as authorized under the Fifth Amendment's Takings Clause. 

Since its inception, controversies have emerged as property owners have challenged the fairness of compensation, what constitutes "public use" – like the 2005 Supreme Court case Kelo v. City of New London that centered on private development projects – or perceived government overreach, sparking debates over property rights and public interest.

Following the April notice of the property seizure, the Henry brothers petitioned their local government to reverse the decision. Members of their community have also attended the meetings to express support in their fight to preserve the historic property. 

The township passed an ordinance in May targeting the farm for a 130-unit apartment complex, which would effectively end the farm's operations. 

The two brothers, Andy and Christopher Henry, are the most recent heirs of their great-grandfather's land, dating back to 1850. 

The Middlesex County farm is the last working one in an area dominated by industrial development. It serves as a family-run enterprise that supports local agriculture and their community, not an industrial, large-scale, commercial farm. 

The federal government has also taken a keen interest in the dispute, with Agriculture Secretary Brooke Rollins issuing a warning to township officials to halt the seizure. 

Rollins cites the Farmland Protection Policy Act due to the land's designation as "prime farmland soils" and criticized the move as a "Biden-style government take over." 

She also hinted that potential policy changes to protect family farms could be coming down the pike, with the USDA exploring legal options to support the Henrys in their fight against the township. 

“We respectfully urge you to defer action on this matter until USDA has completed its funding source review,” Rollins wrote. “Protecting prime farmland is a national priority – and a shared responsibility.”

The USDA warning letter also states that if the township doesn’t comply, it risks losing future federal grants and funding.

“Let me be clear: advancing this project without complying with federal farmland protection requirements could place your township and any funding partners in violation of federal law,” Rollins wrote.

Cranbury officials have declined to comment, citing a lawsuit the Henry family filed Tuesday against the township.

The suit challenging the township’s ordinance as “arbitrary, capricious, and unreasonable,” while public sentiment, reflected in social media and protests, condemns the seizure as an overreach. 

Henry family attorney Timothy Duggan told nj.com on Friday: “Since Cranbury would not listen to its residents and decided to move forward with an affordable housing plan which requires the Henry farm to be taken by eminent domain, we were forced to file a court challenge to the decision to authorize the Township to take the Henry farm,” 

He also said: “We are pleased that the U.S. Secretary of Agriculture Brook Rollins has become involved and supports our efforts to protect the Henry farm."

The township maintains it is following state requirements, but the case, amplified by the Trump administration’s involvement, could influence how states balance housing mandates with property rights and agricultural preservation.