CRANBURY – Andy Henry is heartened by the Trump administration's continued efforts to help preserve his family's 175-year-old farm that the township has targeted to meet its affordable housing goal.
"I am certainly encouraged by the support I'm getting at this level from this team," Henry said.
In a July 7 post on X, Brooke Rollins, secretary of the U.S. Department of Agriculture, gave an update on the family farm, part of which is slated for affordable housing.
"Our position has been clear from the start: America’s farmland will be protected," Rollins wrote.
Rollins said she had met with Henry and a group of experts who have come together to save the farm from development.
"(The United States Department of Agriculture) remains ready to work with (the New Jersey Department of Agriculture) and Gov. Murphy to find a resolution that preserves this small family farm," she wrote. "We are also ensuring that all legal tools at our disposal are ready to fight for Andy Henry, and any farmer whose land is being targeted across the country."
The Governor's Office has not yet responded to a request for comment.
Henry said he updated Rollins and the group of experts on the status of the application he expects to file with the state around July 11 to begin the process of preserving the farm.
The township has included a portion of the farm in its Fourth Round Housing Element and Fair Share plan, which has been approved by the Township Committee and township Planning Board.
The township's affordable housing plan calls for 130 apartments on the farm at 1234 South River Road to meet its obligation of providing zoning for 265 affordable housing units in the next decade.
The plan calls for only 11.58 acres of the 21-acre property to be developed. The 19th century farmhouse and farm buildings are outside of the land targeted for development.
The plan says the development eyed for the farm would be a 100% affordable development in partnership with The Walters Group, a Barnegat firm that develops and manages affordable and market-rate apartment communities.
The Walters Group, according to the plan, anticipates the development will be done in two phases. Together the plan calls for 130 apartments in six buildings, 18 to 24 units per building, plus a community building and open space.
The Henry farm is off Exit 8A of the New Jersey Turnpike and is in a neighborhood already developed with warehouses.
The fourth-generation farm is leased to a tenant who raises cattle and sheep.
The family became aware of the township's plan to acquire the property through condemnation when they received an April 21 letter from Township Attorney Kevin Van Hise saying that the township was interested in acquiring the property to help Cranbury meet its state-mandated fourth round Mount Laurel affordable housing obligation of 265 units.
The letter said that if Cranbury couldn't reach an agreement on a purchase, the municipality has the option of using its power of eminent domain to acquire the land.
At the May 12 township committee meeting, despite vocal opposition from some residents, the elected officials approved an ordinance to possibly acquire the property, as well as another South River Road lot, for affordable housing.
A lawsuit, which was filed last month and amended July 8 by Henry Realty Company, the owner of the farm, contests Cranbury elected officials' decision to seek possible condemnation of the family's farm.
The amended lawsuit, which includes that "the Henry farm has been certified as 100% prime farmland by the United States Department of Agriculture," is seeking an injunction against the township taking any action toward condemnation.
"Henry Realty is not certain whether the defendants will seek to move forward and take the Henry Farm by eminent domain prior to a ruling on this case and adjudication of any challenges to the defendants’ Affordable Housing Plan," the amended lawsuit says. "To the extent the defendants do move forward, Henry Realty is entitled to an injunction enjoining the defendants from taking any further action or effort towards the condemnation of the Henry Farm, including, but not limited to, filing any Declaration of Taking or any other condemnation-related action with respect to the Henry Farm."
Attorney Thomas P. Duggan filed the lawsuit on behalf of Henry Realty Company LLC., which is owned by brothers Andy and Christopher Henry, who grew up in the township.
In a June 26 post on X, Rollins announced she sent a letter to the township urging it to halt the seizure of the farm.
"USDA has certified this land as 100% prime farmland. If federal funds are involved, this project and seizure plan is out of compliance with the law," she wrote, adding "Protecting prime farmland is a national priority — and a shared responsibility."
Earlier in June, Rollins posted on X that her department will be "exploring every legal option" to help the Henry family.
"The Biden-style government takeover of our family farms is over," Rollins wrote.
Andy Henry thanked supporters and those who contributed to a GoFundMe drive which had raised more than $130,000 by July 9.
Email: [email protected]
Susan Loyer covers Middlesex County and more for MyCentralJersey.com. To get unlimited access to her work, please subscribe or activate your digital account today.