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The Tennessee Conservative [By David Seal] –
Tennessee eminent domain laws are like Swiss cheese, full of holes that leave private property owners vulnerable to forced takings with inadequate compensation.
A bill by Representative Bud Hulsey and Senator Janice Bowling aims to close a loophole that will place property owners on a more even playing field with airport authorities that hold the power to use eminent domain on property owners.
If enacted, “The Tennessee Just Compensation for Property Owners Act” would address a laundry list of financial damages that property owners suffer from a forced taking.
The bill, HB2037 / SB2120 by Hulsey and Bowling respectively would not prevent takings by airports. Instead, it would make the property owner financially whole if a forced taking occurred.
Thousands of Tennesseans are in the line of fire having homes in proximity to airports.
As it stands now, airport authorities, and other condemners, hold the ultimate power over property owners to take their property. Many condemners claim that eminent domain taking are rare. That is because the power of eminent domain gives condemners a one-sided power structure to persuade property owners to agree to a so-called “voluntary sales transaction.”
Tennessee eminent domain laws are like the ancient legend that featured the Sword of Damocles in which the sovereign ruler creates impending doom and unfair advantage over his subjects.
Hulsey and Bowling’s legislative proposal places property owners on a more even playing field when their property is the subject of a forced taking.
Although airport authorities are quasi-government entities, a creature of statute, they acquire property from landowners and then lease the property out to airlines, hotel chains, car rental companies, restaurants, fuel suppliers, and a host of other private for-profit businesses that make airport operations work.
Tennessee law prohibits eminent domain takings for “private use.” However, the code section that makes this prohibition also creates an exception for transportation projects for which airports are part of. This means that private for-profit companies can use property for private purposes after the land is acquired by an airport authority. At the point of a forced taking, the property owner yields all of their future capital gains, and a private business is able to profit indefinitely by leasing the property from the airport.
HB2037 / SB2120 provides compensation for certain damages and empowers the property owner and court to get independent property appraisals at the expense of the condemner. Appraisal comparisons cannot be based on property that is depressed in value because of impending eminent domain takings in the area.
Relocation costs, damages caused by lost wages and lost business profits, increased interest rates for mortgage or business loans, attorney’s fees under certain circumstances, and other damages identified by the court may also be considered by the court in determining the amount of just compensation for the property owner.
The bill is on notice for a hearing in the House Civil Justice Subcommittee for Wednesday March 4, 2026. If you would like to contact members of that committee and respectfully express your opinion of the bill, their contact information is shown below.
Chair, Representative Lowell Russell
rep.lowell.russell@capitol.tn.gov
(615) 741-3736
Representative Elaine Davis
rep.elaine.davis@capitol.tn.gov
(615) 741-2287
Representative Andrew Farmer
rep.andrew.farmer@capitol.tn.gov
(615) 741-4419
Representative Johnny Garrett
rep.johnny.garrett@capitol.tn.gov
(615-741-3893
Representative Gloria Johnson
rep.gloria.johnson@capitol.tn.gov
(615) 741-2031
Representative Tom Stinnett
rep.tom.stinnett@capitol.tn.gov
(615) 741-3560
Representative Chris Todd
(615) 741-7475
Representative Ron Travis
(615) 741-1450
Rep.lowell.russell@capitol.tn.gov
Rep.elaine.davis@capitol.tn.gov
Rep.andrew.farmer@capitol.tn.gov
Rep.johnny.garrett@capitol.tn.gov
Rep.gloria.johnson@capitol.tn.gov
Rep.tom.stinnett@capitol.tn.gov
House Civil Justice Subcommittee – HB2037 to be heard Wednesday, March 4
HB2037 aims to close a loophole that will place property owners on a more even playing field with airport authorities that hold the power to use eminent domain on property owners.
Rep.lowell.russell@capitol.tn.gov; rep.elaine.davis@capitol.tn.gov; rep.andrew.farmer@capitol.tn.gov; rep.johnny.garrett@capitol.tn.gov; rep.gloria.johnson@capitol.tn.gov; rep.tom.stinnett@capitol.tn.gov; rep.chris.todd@capitol.tn.gov; rep.ron.travis@capitol.tn.gov
About the Author: David Seal is a retired Jefferson County educator, recognized artist, local businessman, 917 Society Volunteer, and past Chairman of the Jefferson County Republican Party. He has also served Jefferson County as a County Commissioner and is a citizen lobbyist for the people on issues such as eminent domain, property rights, education, and broadband accessibility on the state level. David is also a 2024 winner of The Tennessee Conservative Flame Award & has received an accolade from the Institute For Justice for successfully lobbing the TN legislature to protect property rights. David can be reached at david@tennesseeconservativenews.com.
