Image Credit: TN General Assembly
The Tennessee Conservative [By David Seal] –
Eminent domain is extremely unpopular with property owners in Tennessee, especially because Tennessee law allows certain forced takings of private property for private redevelopment.
Housing authorities and community development agencies have the power to condemn both blighted and non-blighted properties in the aggregate under a loosely defined “blighted area” definition that was constructed in the post-WWII era when large areas of widespread blight posed a health and safety threat to communities. The intent was to provide a means of private redevelopment for those areas.
With actual blight now limited to isolated areas, the old definition of “blighted area” creates a situation where eminent domain statutes can be abused for the taking of non-blighted properties for private development.
For greater background on the issue, a link is provided here.
House Bill 444 by Representative Bud Hulsey (R-Kingsport) and Senate Bill 480 by Senator Janice Bowling (R-Tullahoma) aims to protect property owners from eminent domain by eliminating the “blighted area” definition and replacing it with a modern “blighted property” definition. Their legislative proposal also includes better due process provisions for property owners and a more objective definition of blighted property.
This new definition allows property that is truly blighted to continue to be taken by eminent domain for public safety while protecting well-kept code compliant property that does not present elements of blight.
The Senate Judiciary Committee approved SB 480 on Tuesday February 25th while the House State and Local Government Committee found favor with HB 444 on Wednesday February 26.
The full senate will hear SB 480 pending placement by the Senate Calendar Committee. HB 444 has been referred to the House Finance, Ways, and Means Subcommittee for hearing on March 5th.
Bowling’s SB 480 is co-sponsored by Senator Seal while Hulsey’s HB 444 is co-sponsored by Representatives Davis, Eldridge, Farmer, Capley, Crawford, Powers, and Buttler.
The Tennessee Conservative News will report updates as action is taken on the bills.
Contact information for members of the House Finance, Ways, and Means Subcommittee can be found below.
Rep.ryan.williams@capitol.tn.gov, rep.kip.capley@capitol.tn.gov, rep.jesse.chism@capitol.tn.gov, rep.mark.cochran@capitol.tn.gov, rep.john.crawford@capitol.tn.gov, rep.ron.gant@capitol.tn.gov, rep.john.gillespie@capitol.tn.gov, rep.gary.hicks@capitol.tn.gov, rep.tim.hicks@capitol.tn.gov, rep.antonio.parkinson@capitol.tn.gov, rep.lee.reeves@capitol.tn.gov, rep.johnny.shaw@capitol.tn.gov, rep.jason.zachary@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.
