Image Credit: Tennessee National Guard / Facebook
The Tennessee Conservative [By David Seal] –
The Tennessee Department of Transportation (TDOT) found itself between a legal rock and a constitutional hard place when it petitioned the Circuit Court of Washington County to condemn 45 parcels of property along State Route 81/107 near the Nolichucky River for road repairs.
Washington County Circuit Judge James Edwin “Eddie” Lauderback signed an Emergency Order of Possession on October 11, 2024, at the request of (TDOT) condemning 45 parcels of property for a highway project easement. This was done without notice to property owners. Two weeks later the property owners saw their names and parcel numbers listed in the newspaper.
The legal rock was a lack of due process and regular notice for the property owners that were targeted for condemnation by TDOT. The constitutional hard place was action taken by TDOT to acquire property by eminent domain that circumvented normal procedures, legal notice, and due process based on two executive orders signed by Governor Bill Lee on September 27th and September 30th, 2024, respectively.
Lee’s executive orders were based on a controversial “emergency powers” law that was enacted in 2000 when Democrats controlled the general assembly. Constitutional scholars assert that the emergency powers statute T.C.A. § 58-2-107 violates the Tennessee Constitution Article II, § 2, which establishes a separation of powers between the departments of Tennessee government. The code section purports to delegate legislative powers to the governor in times of emergency by authorizing the executive to “suspend certain laws.”
Contrary to what was ordered by the judge in the EMERGENCY ORDER OF POSSESSION, property owners were verbally advised in the meeting by state officials that they had up to thirty days to respond after the last of 4 advertisements appeared in local newspapers.
The court order stated in relevant part, “IT IS, THEREFORE, ORDERED, ADJUDICATED, AND DECREED by the court that the petitioner [TDOT] shall have immediate legal possession of the property [45 parcels listed by owner] and property rights described in said petition….”
From the plain text of the court order, it looked like a done deal.
To property owners, the process undertaken by the state of Tennessee, and the exercise of the emergency powers statute by the governor, seemed to run contrary to at least two clauses of the 14th Amendment to the U.S. Constitution, which reads in part: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law;”
As reported by property owners in attendance, no explanation for the constitutional discrepancy was provided by Senior Assistant Attorney General Cynthia L. Paduch or Steve Borden TDOT Region I Director/Assistant Chief Engineer. Even though a few questions remained unanswered, the landowners were very appreciative of the state officials that met with them to explain the process.
Officials advised property owners that the number of targeted properties for the highway project would be reduced from 45 to 6. Of the 6 remaining properties, 3 were private property and 3 were public property.
State officials offered certain property owners a copy of a form letter with the parcel number written on it indicating that the easement is not needed for the road project. The property owners interviewed for this report wanted to discuss the matter with their attorney before the letter was signed and returned to state officials.
One landowner suggested that state legislators consider the repeal of the governor’s emergency powers statute to improve the process of legal notice and to bring state code into compliance with the Tennessee Constitution.
In October 2023, the Jefferson County Commission made a formal resolution calling on the legislature to repeal the governor’s “emergency powers.”
A full set of technical construction documents for the Route 81/107 project is linked HERE.
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. 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.
3 Responses
We NEED RELIEF from lucifer’s un-Constitutional dimmercrap instituted emergency powers and criminal “judges” like James Edwin “Eddie” Lauderback.
Come on – get real. Without eminent domain we wouldn’t have roads and certainly not an interstate system. If you really think it’s terrible, you should NOT ever drive on roads where property was condemned using eminent domain. The properties are appraised and the owners are paid.
Eminent domain frequently has been abused and our RINO governor Bill Lee has joined the democrats in abusing authority and failing his citizens by heavy handed totalitarian governance. The taking of private property by officials is often an unfair burden on the citizen, causing emotional distress, relocation expenses, physical hardships for elderly and handicapped and destroying the pursuit of happiness and lifelong dreams and plans. At least double the fair market value should be offered in compensation for property that contains a home/residence and compensation for possible future value unrealized by the loss and disruption of the citizens life and pursuit of happiness. People who do not own a home they love in a community they love and have not reached senior years, may fail to recognize the losses, pain and misery that may occur to people uprooted from their happy home, especially in their waning years of life. Fair market value? A citizen should be the only one who places a price tag on their property and it should allow for all their moving expenses, mental therapy, inconvenience compensation and to allow for a possible higher price to replace their home in the area they choose to live, to compensate for their loss of happiness and home. Years back, the government paid so little for forest and farmland with homes that people had to change their entire life style and take new jobs to replace their homes or become renters, because the money was insufficient to compensate them for their losses. Eminent domain is a terrible practice and should be a last resort that fully compensates for all inconveniences suffered, plus more for their emotional suffering and to ease their dislocations pain. We see abuses already from utility and state institutions of their right of ways. The abusers damage adjoining property with impunity most of the time and spill over onto the private property, fail to maintain the right of ways neat and clean, cause excessive noise and even hazardous conditions coming from the right of ways and create a nuisance often for remaining homeowners bordering the right of way. The utility company damages the adjoining property too often when doing clearing, maintenance or etc. and leaves the mess for the property owner to deal with. I could have paid thousands to clean up behind our area Utility company recently in front of my beautiful homeplace, but had a grandson and young friend help for free, thank God! The utility crew cut trees and ornamental shrubs that were off the right of way and rutted up the roadside and front to my yard, all while trespassing on to my property and leaving trash from drinks and snacks blowing across the road and my yard. Respect, for citizens and their homes should be a priority and compensation generous for takings and abuses. The public utilities and the communication companies make a lot of money, we pay a lot of taxes and get so little consideration from them when they take from us what they need/wish and give us little or what ever they wish in return, far too often. If officials can take my home for their projects at their “fair value prices”, I should be able to take their homes in replacement or their salaries for compensation at my “fair value” assessment. I would want Bill Lee’s salary for a few years and his home for compensation for mine being taken by his orders/lawfare. My home property is likely valued at about $375,000 or a bit more but I would not sale it now for $1,000,000.00! It has everything I wanted and worked for, my projects, my memories, close to town but distinctly rural and my church around the corner. Too replace it with all the perks I love about it, likely would cost well over a Million dollars and that would not include comps for my moving and restarting as a senior citizen and time lost from my life and loves, when time has become very precious to me! I can’t do all the work I did on this property now as a senior and would have to hire people do most everything and that might be several hundred thousand more dollars to set up a new home and mini farm. Thirty years of healthy soil building in my organic garden, what is that worth? Going to church within walking distance, while still in a rural area surrounded by nature , farms and large estates and mostly good neighbors, how about that? Loving your land and your community and praising God with all your memories surrounding you? Would you Take that from me for a new road structure or government project without full compensation? Bill Lee would.