Fundamental Zoning and Land Use Actions
Historical Perspective
In New Jersey, the authority of the State to enact land use laws, including zoning, is derived directly from Article III of the New Jersey Constitution, which grants the State Legislature the power to regulate the uses of land within the State. Additionally, Article IV §6¶2 of the New Jersey Constitution authorizes the State Legislature to delegate some of this land use power to municipalities. These amendments to the New Jersey Constitution were the result of the United States Supreme Court’s landmark decision in Village of Euclid, Ohio, et al. v Ambler Realty Co., 272 US 365, 47S.Ct. 114 (1926) holding that property owners do not have an unlimited right to use their land.