Tennessee Senate Bill SB1983

Tennessee 2023-2024 Regular Session

• Introduced: 1/24/24
• Chaptered: 5/1/24
• Passed: 5/1/24

Caption

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

Impact

The implications of SB1983 are profound for state laws regarding eminent domain. By increasing the threshold for proving the necessity of property acquisition, the bill seeks to reinforce property owners' rights and ensure that condemnations are genuinely for public purposes. This could lead to fewer instances of land being taken under eminent domain claims, thereby impacting various development projects across the state, especially where land use and public interest are intertwined.

Summary

SB1983 aims to amend Tennessee Code Annotated, specifically Title 29, Chapter 17, which addresses eminent domain. The bill places a heavier burden on condemners, requiring them to demonstrate, by a preponderance of the evidence, that the property they wish to acquire is necessary for a public use. They must also present a reasonable plan and schedule for the project, as well as evidence of funding availability. Additionally, the bill grants property owners the right to contest the necessity of the taking in court, providing them with a significant layer of protection against arbitrary land acquisition.

Sentiment

The general sentiment surrounding SB1983 appears to be supportive among advocacy groups focused on property rights, as well as some stakeholders who view it as a necessary reform to protect landowners from encroachments. However, there is also concern from developers and public agencies who argue that the bill could complicate and slow down essential infrastructure projects by raising the bar excessively for property acquisitions. This duality in sentiment reflects the ongoing debate over balancing individual property rights with the collective need for public services and infrastructure.

Contention

Notable points of contention regarding SB1983 include the broader implications it may have for public projects that depend on swift property acquisition. Critics point out that while the bill seeks to protect property owners, it could inadvertently hinder vital infrastructure developments—such as roads and utilities—by making it more difficult for governments and agencies to secure necessary land. The exclusions in the bill regarding certain types of public projects, such as those related to transportation and utilities, further add complexity to the discussions and may lead to interpretations regarding what constitutes a 'necessary' public use.