Image Credit: TN General Assembly
Tennessee Conservative News Staff –
Legislation that would provide a higher level of compensation for property owners who were subject to forced takings of their property by airport authorities failed in the House Civil Justice Subcommittee on Wednesday.
House Bill 2037 (HB2037), sponsored by State Representative Bud Hulsey (R-Kingsport-D2), would enact the “Tennessee Just Compensation for Property Owners Act,” which requires an airport authority that exercises eminent domain to acquire private property to pay enhanced damages and costs to the owner of the subject real property.
HB2037 would provide compensation for certain damages and empowers the property owner and court to get independent property appraisals at the expense of the condemner. Relocation costs, damages caused by lost wages and lost business profits, increased interest rates for mortgage or business loans, attorney’s fees under certain circumstances, and other damages identified by the court may also be considered by the court in determining the amount of just compensation for the property owner.
After the bill’s introduction by Hulsey, the subcommittee heard testimony from one Tennessee resident who alleges that her neighborhood was bought out through coercive tactics of the nearby airport authority.
They then heard from Doug Kreulen, president and CEO of the Metropolitan Nashville Airport Authority. Kreulen stated that both the federal government and the FAA already have procedures in place if eminent domain were to be used. He noted that the enhanced compensation mentioned in the proposed legislation would put the airport authority in violation of federal guidelines and put them at risk of losing federal grant funding.
Following their testimony and clarifying questions, previous question was called.
The bill failed with a final vote of 2 ayes and 5 nays. State Representatives Lowell Russell (R-Vonore-D21) and Chris Todd (R-Madison County-D73) voted in favor of the bill, while Representatives Andrew Farmer (R-Sevierville-D17), Johnny Garrett (R-Goodlettsville-D45), Gloria Johnson (D-Knoxville-D90), Tom Stinnett (R-Friendsville-D20), and Ron Travis (R-Dayton-D31) voted against it.
The companion Senate Bill 2120, sponsored by State Senator Janice Bowling (R-Tullahoma-D16), was referred to the Senate Judiciary Committee at the beginning of February but has not yet been placed on that calendar.
