Image Credit: Tennessee National Guard / Facebook
The Tennessee Conservative [By David Seal] –
Forty-eight landowners along State Route 107/81 in Washington and Unicoi Counties got a shock when they saw their names and parcel numbers in a local newspaper citing the use of eminent domain against their property.
State lawmakers want the process to improve.
The Senior Assistant State Attorney General Cynthia Paduch had persuaded a local circuit judge to issue an expedited eminent domain order on October 11, 2024, to acquire road repair easements relative to Governor Bill Lee’s emergency order (Executive Order 105) following devastation caused by Hurricane Helene.
Some of the landowners were not amused. They just wanted to be treated respectfully and get clear answers from state officials. After a meeting between property owners and state officials in November 2024, some left the meeting more confused than before.
“I think the state people probably had good intentions trying to repair the road as soon as possible, but the process used with emergency powers and eminent domain was terrible. Property rights and due process are fundamental rights, and an executive order shouldn’t be able to take them away. Some of these folks just lost their homes to the flood, and the judge had already signed the order of possession for the state before we even knew about it. We didn’t find out until almost three weeks later after a notice was in our local newspaper.” – said Robert Teaster, Landowner
Representative Timothy Hill (R-Blountville) has filed proposed legislation that will preclude the state government from using eminent domain to acquire real property in any expedited manner.
“The citizens and I appreciate the highway repairs that are planned for the area. It is the process that we are trying to improve.” – said Representative Timothy Hill
Senator Rusty Crowe (R-Johnson City) has filed companion legislation. The Hill/Crowe legislation is HB1285/SB648.
Tennessee Conservative News (TCN) has reached out to Senior Assistant Attorney General Paduch, on multiple occasions who replied through the Public Information Officer, Chad Kubis, to ask if the State Department of Transportation will petition the court to rescind easements on properties that are no longer needed for the road repair project, and if a property owner’s signature on a mysterious form letter, circulated at community meetings, will trigger such a petition to the circuit court. TCN is still waiting for a response from the state attorney general.
For background articles on this issue, a link is provided here.
HB1285/SB648 is assigned to the House Civil Justice Subcommittee and the Senate Judiciary Committee with hearing dates to be announced.
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.
