Tennessee 2023-2024 Regular Session

Tennessee House Bill HB1561

Introduced
3/13/23  
Refer
3/20/23  
Refer
4/4/23  
Engrossed
4/18/23  
Enrolled
4/24/23  
Passed
5/11/23  

Caption

AN ACT relative to the use of eminent domain in Sumner County.

Impact

The implications of HB 1561 are significant for state laws governing property rights and public land usage. By explicitly defining the circumstances under which eminent domain may be employed, the bill seeks to protect private property owners from potential overreach by governmental authorities. It ensures that the implementation of such projects aligns with established transport infrastructures, which could affect future planning and development efforts for parks and recreational areas in the county.

Summary

House Bill 1561 addresses the use of eminent domain in Sumner County, Tennessee, specifically limiting its application for acquiring privately owned real properties intended for parks, trails, paths, or greenways. This legislation stipulates that eminent domain can only be utilized when the targeted property is contiguous to a highway, road, or street and is parallel to such paths. The bill is aimed at clarifying and tightening the restrictions on government entities' ability to condemn private properties for recreational purposes.

Sentiment

General sentiment around the bill appears to be cautiously supportive. Proponents argue that it bolsters property rights and prevents the misuse of eminent domain, while critics may feel that it imposes unnecessary constraints on public development efforts. There is a recognition of the need to balance individual property rights against community needs for recreational spaces, leading to a complex discussion within legislative circles.

Contention

Notable points of contention include the balance between facilitating public access to green spaces and protecting individual property rights. The bill requires a two-thirds majority vote from the legislative body of Sumner County for enactment, which could lead to debates among local representatives regarding community needs versus private property rights. Additionally, while some view the bill as a safeguard for residents, others perceive it as a potential barrier to expanding public facilities that enhance community well-being.

Companion Bills

TN SB1551

Crossfiled AN ACT relative to the use of eminent domain in Sumner County.

Previously Filed As

TN SB1551

AN ACT relative to the use of eminent domain in Sumner County.

TN HB402

Relating to the use of eminent domain authority.

TN HB1483

Relating to the use of eminent domain authority.

TN HB2191

Eminent domain; limiting the use of eminent domain; effective date.

TN SB18

Relating to the use of eminent domain authority.

TN HB279

Relating to the use of eminent domain authority.

TN SB180

Relating to the use of eminent domain authority.

TN HB2191

Eminent domain; defining term; limiting the use of eminent domain; effective date.

TN HB3081

Relating to the creation of the Brazoria County Municipal Utility District No. 68; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

TN SB1138

Relating to the creation of the Brazoria County Municipal Utility District No. 68; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

Similar Bills

No similar bills found.