Tennessee Conservative News Writer Receives Accolade From Institute For Justice

Image Credit: Institute for Justice & Canva

The Tennessee Conservative Staff –

For the past several years David Seal has worked with the Institute for Justice, along with certain legislative sponsors on eminent domain reform, economic liberty legislation, and school choice in Tennessee. 

Because he has successfully lobbied the Tennessee General Assembly to reform property rights laws, specifically eminent domain, on three occasions, they have featured him in their Journal Liberty and Law, linked HERE.

The three public acts concerning property rights law that David lobbied were:

• PC 422 in 2017

• PC 1034 in 2024

• PC 748 in 2024

Collectively, the above public acts do the following concerning eminent domain under certain circumstances:

• Eliminate takings for industrial parks

• Eliminate Takings for Recreational facilities

• Tax certain costs to condemners such as engineering and appraisal fees

• Under certain circumstances tax legal fees to condemners

Collectively, these laws require condemners to prove in court:

1) the taking meets the statutory “public use” definition

2) the condemner has a property use plan

3) the condemner must demonstrate that financing is secure to facilitate the public use of the property

4) most importantly, demonstrate to the court that no other comparable property is located nearby that could be acquired from a willing seller.

Finally, as of May 2024, Tennessee property owners now have legal standing to challenge a potential property taking by the government in court that would require the condemner to prove the taking is necessary for public use.

Tennessee is one of the only states that now provides this form of challenge for certain types of takings.

The segment about David in Institute for Justice’s Liberty & Law Journal reads:

David Seal of Dandridge, Tennessee, is a citizen inspired by IJ’s work to restrict the use of eminent
domain. In 2006, a year after the U.S. Supreme Court’s reviled decision in Kelo v. New London, legislators in Nashville enacted a modest reform to Tennessee’s eminent domain laws. IJ’s Castle Coalition gradedthe reforms a D-minus, among the least meaningful in the nation. David’s fifth-generation family farm was threatened by eminent domain for an “industrial park” a few years later, and he rallied his community to ultimately protect more than 100 homes. The experience prompted him to contact IJ to learn about how he could change his state’s eminent domain laws—and to run for Jefferson County Commissioner, a position he held from 2014 to 2018.

Three of the strongest legislative reforms enacted in Tennessee post-Kelo originated in
Jefferson County, with formal resolutions made by the county commission featuring IJ’s model
eminent domain language—and championed by David. Among those are Public Chapters 748
and 1034, passed by the Tennessee Legislature earlier this year. Among other features, those
acts allow property owners to defend against a taking by asking a court to make a determination
of necessity. David has been a one-man force for property rights both in and out of office, working to
shield Tennesseans against eminent domain abuse.

For several years, The Tennessee Conservative has published David’s editorials and have followed his legislative efforts. Earlier this year, the opportunity arose to ask David if he would like to become a staff writer for TTC. He accepted and we are honored to have him on the TTC team.

David’s bio that TTC posts with his articles:

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. David can be reached at david@tennesseeconservativenews.com.