Tennessee House Bill HB1268

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 5; Title 29, Chapter 17 and Title 29, Chapter 16, relative to eminent domain.

Impact

The implications of HB1268 are significant for property rights and government authority in land use matters. By increasing the response time for landowners in eminent domain cases, the bill aims to ensure that citizens are given a fair opportunity to express their concerns and protect their interests in situations where the state or other entities seek to seize private property for public use. This amendment is set to take effect on July 1, 2023, and will apply to all proceedings initiated on or after this date.

Summary

House Bill 1268 seeks to amend the Tennessee Code relating to eminent domain by altering specific procedural timelines. The bill proposes to extend the period in which landowners can respond to eminent domain actions from thirty days to sixty days. This change is intended to provide landowners more time to prepare their cases and seek legal counsel, thereby enhancing their ability to contest such actions effectively.

Contention

While the bill has garnered support from various advocacy groups focused on property rights, there may be contentious debates surrounding the balance of power between governmental authority and individual property rights. Detractors might argue that extending the timeline could unnecessarily delay public projects that rely on timely acquisitions of land. However, supporters affirm that the extended period does not impede progress but rather engenders a fair process ensuring that landowners are treated with respect and given adequate avenues for legal redress.