Image Credit: Angela Radulescu / CC & Tennessee General Assembly
The Tennessee Conservative [By David Seal] –
Hundreds of property owners in Tennessee’s Hamilton County got a written notice in 2017 that their property was going to be forcefully taken for private development. Hell ensued when property owners revolted, exposing the “blight loophole” in Tennessee eminent domain law.
The Bowling/Hulsey proposed legislation known as the “Tennessee Property Rights Protection Act” (HB444/SB480) will repair the “blight loophole” protecting well-kept code compliant property from condemnation in a redevelopment area.
A little-known legal definition of eminent domain T.C.A. § 29-17-102 (2)(C) enables housing authorities and community development agencies and their parent municipal governments to condemn private property and then turn it over to private developers for upgrading, essentially taking property from private owner A and transferring to private owner B.
Our founding fathers would find this socialist process abominable and in direct violation of core principles that underpin our capitalist economic system.
Both city and county governments are motivated to redevelop property to increase tax revenue, essentially stealing from the property owners with few resources and transferring to owners with greater resources just as the late Supreme Court Justice Sandra Day O’Connor warned in her stinging dissent in Kelo v. New London.
That court decision paved the way for local governments to use eminent domain for private gain and private development.
Kelo also made it clear that states could set their own standards and definitions for “public use” property takings. Tennessee lawmakers tried to set better standards for property taking in the wake of the Kelo decision but created a monster in the process.
In 2006 after the controversial Kelo decision was handed down in June 2005 by the United States Supreme Court, 43 states rushed forward with emergency legislation to protect property rights. However, due to influence by powerful special interests, Tennessee lawmakers created a fatal loophole empowering housing authorities and community development agencies to redevelop entire areas using the power of eminent domain in so-called “blighted areas.”
“Blighted areas” under Tennessee law (T.C.A § 13-20-201) are so broadly defined that good well-kept code compliant property, homes and businesses, can be swept up along with blighted ones in the aggerate and condemned for private redevelopment, a practice that is widely considered abusive of property owners rights.
The image above is from the Chattanooga Times Free Press in their coverage of eminent domain proceedings in East Ridge, Tennessee on May 3, 2018.
The Tennessee Conservative News will keep readers informed about hearings and committee votes on the Tennessee Property Rights Protection Act as they unfold in the legislative session.
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.
