First In A Series Of Reports
Image Credit: Gov. Bill Lee / Facebook
The Tennessee Conservative [By David Seal] –
Tennessee property owners are safer from the wrath of eminent domain proceedings now that House Bill 444 and its companion Senate Bill 480 have been signed into law. The act limits the power of eminent domain in redevelopment areas and has been assigned Public Chapter number 114 by the Tennessee Secretary of State.
Representative Bud Hulsey (R-Kingsport) and Senator Janice Bowling (R-Tullahoma) were the prime legislative sponsors along with several co-sponsors in both chambers of the General Assembly.
This article concentrates on explaining the need for the act and the genesis for its construction. The second report in this series will explain the effect of the legislation in detail.
Prior to 2017, the Institute for Justice, a public interest law firm, had given the state of Tennessee a grade of D- in terms of property rights protections and its statutes concerning the use of eminent domain. At the time of the grading by IJ, Tennessee law allowed cities and counties to take property for private industrial parks. That changed in 2017 with Public Chapter 422.
Another weakness in Tennessee law was the so-called “blight loophole” that authorized housing authorities and community development agencies to use eminent domain to acquire property in “blighted areas.” By defining blight in terms of area, not by individual property, entire areas could be condemned for private development even if most of the properties in the defined redevelopment area showed no sign of blight. See Commercial Appeal Op-Ed below.
Opinion | Closing the ‘blight’ loophole in Tennessee
Adding to the risk for property owners was a broad and poorly constructed Tennessee statute that attempted to define blight. The blight statute was subjective, difficult to interpret, and not specific to building codes and objective standards. Public Chapter 114, signed by Governor Lee on April 3, 2025, changes these definitions by imposing specific standards for blight and the use of eminent domain in redevelopment areas.
The next report in this series will focus on the impact of the act and how it will protect property owners.
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.
