Jefferson County Commission Stands Up For Property Rights With Stinging Resolution Against Eminent Domain Action

Legislature Urged to Reform Eminent Domain Laws.

Image: Historic Jefferson County Courthouse Image Credit: David Seal

By David Seal [Special to The Tennessee Conservative] –

Commissioner Terry Dockery (R-Dandridge) spearheaded a resolution, along with 15 commission co-sponsors, to condemn Jefferson City’s action to forcefully take 95 acres of real estate from the parent company of Tennova Jefferson Memorial Hospital for a recreation park using eminent domain.

Jefferson County’s resolution 2023-53 states that “capitalism, constitutional governance, and the proliferation of American business enterprise are, in part, based on secure property rights.” 

In making the resolution, Jefferson County Commission resolves, in part, as follows:

1) Jefferson City is strongly urged to abandon its arbitrary and forceful taking of hospital property for a recreational facility.

2) In the event that Jefferson City follows through with the property taking, the Jefferson County Attorney is authorized to intervene, defend, and prosecute any and all legal actions and remedies against Jefferson City to oppose the property taking.

3) The General Assembly of the state of Tennessee is urged to remove “recreational facilities” and “parks” from the “public use” definition of eminent domain.

4) The General Assembly is also requested to place the burden of proof on condemning bodies, such that land taken by eminent domain is “required” for public use, that a schedule for completion and funding are in place for any project in which land is taken by eminent domain, that the public use taking cannot be accomplished by acquiring land from a willing seller, and that the property owner has a cause of action and a right to have a court determine if the property taking is necessary to accomplish the public use.

In other action, Jefferson County Commission appropriated $25,000 for legal fees in case the county attorney was needed to intervene in court to protect the property rights of the landowner and the many interests of Jefferson County citizens to oppose the taking of property from Tennova Jefferson Memorial Hospital.

Jefferson County also set aside $3000 to reimburse travel expenses for a volunteer lobbyist to represent the interests of the citizens of Jefferson County in the upcoming legislative session.

“I urge other county and city governments to stand up for the property rights of the citizens they represent. They need to contact their legislators and urge them to support eminent domain reform legislation that will be filed in the next legislative session” said Commissioner Marcus Reed (R-Jefferson City).

To get a draft copy of the resolution, send a request to david.seal1961@gmail.com.

About the Author: David Seal is a retired Jefferson County educator, recognized artist, local businessman, 917 Society Volunteer, and current 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.