Unicoi And Washington County Property Owners Ambushed With Notice Of Condemnation In Wake Of Hurricane Devastation

Image Credit: Tennessee National Guard / Facebook

The Tennessee Conservative [By David Seal] –

Forty-five property owners along State Route 81/107 in Unicoi and Washington, Tennessee Counties got a little surprise when they saw their names published in local newspapers related to action that the Tennessee Department of Transportation (TDOT) announced on October 11, 2024.

The state filed documents in The Circuit Court of Unicoi County, Tennessee to take property by eminent domain for what they describe as an “EMERGENCY CONSTRUCTION EASMENT” The filing notice occurred fifteen days after Hurricane Helene devastated northeast Tennessee. 

“I think the state people probably had good intentions trying to repair the road as soon as possible, but the process used with emergency powers and eminent domain was terrible.  Property rights and due process are fundamental rights, and an executive order shouldn’t be able to take them away.  Some of these folks just lost their homes to the flood, and the judge had already signed the order of possession for the state before we even knew about it.  We didn’t find out until almost three weeks later after a notice was in our local newspaper.” – said Robert Tester, Landowner

The Notice of Publication does not explicitly use the words “eminent domain.” Instead, it states in part “Please take notice that on the 11th. day of October, 2024, an In Rem Petition for Condemnation was filed in the Circuit Court for Unicoi and Washington Counties, Tennessee, against you, pursuant to Tennessee Code Annotated Sections 29-17-701 and 29-17- 901 et seq.. praying for the condemnation for public purposes of the herein described tract of land in which you have or may have an interest or right. The Petitioner seeks to acquire this land as an easement for the repair and restoration of state and local transportation facilities damaged as a result of severe weather connected with Hurricane Helene…”

The above cited code sections, TCA § 29-17-701 and TCA § 29-17-901, are eminent domain statutes designed for taking property from landowners for transportation projects and to take property from unknown or uncertain title holders respectively.

The Notice of Publication describes the forceful taking as applicable “TO: PERSONS OR ENTITIES THAT MAY HAVE AN INTEREST IN AND TO THE LAND TO BE CONDEMNED IN THIS CAUSE AND BEING A STRIP OF LAND LOCATED IN UNICOI AND WASHINGTON COUNTIES, BETWEEN INTERSTATE 26 AND EMBREEVILLE, TENNESSEE, ALONG AND PARALLEL WITH THE CENTERLINE OF STATE ROUTE 81/STATE ROUTE 107 FROM APPROXIMATE LOG MILE 1.5 (IN UNICOI COUNTY) TO THE UNICOI/WASHINGTON COUNTY LINE THEN EXTENDING INTO WASHINGTON COUNTY TO APPROXIMATE LOG MILE 1.38, JUST NORTH OF EMBREEVILLE CHURCH ROAD WITH A WIDTH OF 100 FEET EACH SIDE OF CENTERLINE”

To see the complete text of the NOTICE OF PUBLICATION and EMERGENCY CONSTRUCTION EASEMENT as filed by TDOT, a link is provided here and here. 

Landowners impacted by this project are urged to contact this reporter at the email address below with commentary. Your story and how this affects your life and property is important to The Tennessee Conservative News.

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.