Tennessee House Bill HB0170

Tennessee 2023-2024 Regular Session

• Introduced: 1/12/23
• Refer: 1/21/23
• Refer: 2/22/23
• Refer: 2/28/23
• Refer: 4/18/23
• Chaptered: 5/24/23
• Passed: 5/24/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 27 and Title 29, relative to civil justice.

Impact

If enacted, HB 0170 will have significant implications for the regulatory framework surrounding property use in Tennessee. The rejection of the pending ordinance doctrine indicates a shift towards stronger protections for property owners, reducing the extent to which local governments can delay permit approvals based on potential future ordinances. This change suggests a move to streamline the process for property owners, allowing them to utilize their property without the uncertainty of local regulation changes impacting their rights at the time of application.

Summary

House Bill 0170 aims to amend Tennessee Code Annotated, specifically Title 27 and Title 29, focusing on civil justice and the rights of property owners. The bill asserts that property owners should expect that their permit applications will be evaluated based on the law effective at the time of their application, emphasizing the need for stability in property usage rights. It seeks to reject the 'pending ordinance doctrine', a legal principle that affects how local governments manage zoning changes and property regulations, which the bill's proponents argue can undermine property owner interests.

Sentiment

Discussions surrounding HB 0170 reflected a broadly supportive sentiment among those advocating for property owner rights, with many viewing the bill as a necessary measure to prevent local governments from interfering with property use. Supporters appreciate the bill's focus on protecting property owners from potential regulations that may be enacted after their application. However, the sentiment from opponents suggests concern regarding the weakening of local governance and the potential consequences for community zoning efforts, indicating a division in perspectives regarding property rights versus local regulatory authority.

Contention

Some notable points of contention emerged during the discussions around HB 0170, chiefly related to the balance between individual property rights and local municipality authority. Critics of the bill expressed concerns that restricting local government powers would undermine their ability to address unique community needs and manage zoning effectively. This shift may lead to challenges in regulating development in accordance with community standards and goals, potentially conflicting with the interests of neighborhoods that may be adversely affected by unchecked development.