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Tennesseans Have Tremendous Opportunity To Reform Tennessee’s Egregious Eminent Domain Law

Image Credit: TN General Assembly & Canva

The Tennessee Conservative [By David Seal] –

You must understand the problem.

The most difficult element of Tennessee’s redevelopment eminent domain law to explain, and the most difficult one to believe, is the fact that housing authorities and community development agencies (CDA) can forcefully take private property from its rightful owner and then turn it over to another private owner for redevelopment. 

In the end, these redevelopment areas replace homes, churches, and small businesses with hotels, retail space, office buildings, sports complexes, high density housing, and other private enterprises that the local government deems to be an improvement over that which currently exists on the property.

Here is how they do it.

A housing authority or CDA working in cahoots with a city or county government targets a so-called “blighted area” for redevelopment (T.C.A § 29-17-102 (2)(C), motivated by the promise of increasing tax revenue. Believe it or not, your property does NOT have to be “blighted” in order to be forcefully taken from you and redeveloped by a private developer in a “blighted area.” Any doubts, read the article linked below.

Opinion | Closing the ‘blight’ loophole in Tennessee

Tennessee law (T.C.A § 13-20-201) defines “blighted area” so broadly that code compliant well-kept property, like yours, can be grouped together in the aggregate with ones that meet the loosie-goosy definition of blight, giving housing authorities a green light to forcefully take your real estate and redevelop it to suit their fancy.

If the legislation is enacted, truly blighted property that poses a menace to a community could be condemned for redevelopment. Well-kept code compliant property could not.

A one-pager that explains HB444/SB480 is linked here.

Here is how you can participate. 

If you would like to participate in getting this important legislation enacted, contact the legislators below and ask them to support HB444, Tennessee Property Rights Protection Act.

Cities and Counties Subcommittee

Representative Jerome Moon

rep.jerome.moon@capitol.tn.gov

Phone: (615) 741-1100 ext. 44517

Representative Ed Butler

rep.ed.butler@capitol.tn.gov

Phone: (615) 741-1260

Representative John Crawford

rep.john.crawford@capitol.tn.gov

Phone: (615) 741-7623

Representative Vincent Dixie

rep.vincent.dixie@capitol.tn.gov

Phone: (615) 741-1997

Representative Mary Littleton

rep.mary.littleton@capitol.tn.gov

Phone: (615) 741-7477

Representative Bo Mitchell

rep.bo.mitchell@capitol.tn.gov

Phone: (615) 741-4317

Representative Dave Wright

rep.dave.wright@capitol.tn.gov

Phone: (615) 741-6879

rep.jerome.moon@capitol.tn.gov, rep.ed.butler@capitol.tn.gov, rep.john.crawford@capitol.tn.gov, rep.vincent.dixie@capitol.tn.gov, rep.mary.littleton@capitol.tn.gov, rep.bo.mitchell@capitol.tn.gov, rep.dave.wright@capitol.tn.gov

You can also contact your state senator and your state representative and ask them to do two simple things. Ask your state representative to co-sponsor and support House Bill 444 and ask your state senator to support and co-sponsor Senate Bill 480.  

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.

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