Tennessee House Bill HB0560

Tennessee 2023-2024 Regular Session

• Introduced: 1/25/23
• Refer: 2/1/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 29, relative to compensation for the diminution in value of private property.

Impact

The proposed bill impacts state laws by requiring public entities to compensate property owners whose rights may be infringed by new land use regulations. Specifically, if a new regulation decreases a property’s market value significantly, the owners can pursue legal remedies for compensation. However, exceptions exist, such as for regulations deemed necessary for protecting public health and safety, thereby creating a balance between individual property rights and the need for effective governance.

Summary

House Bill 560, known as the 'Private Property Protection Act', aims to amend Tennessee Code Annotated, Title 29, to establish a legal framework allowing property owners to seek compensation when governmental actions diminish the value of their property. The bill introduces a process where owners can claim just compensation if a land use regulation restricts the property's use and decreases its fair market value by at least 10%. The enactment of this legislation reflects the intent of the General Assembly to ensure that private property owners are afforded protection against loss due to regulatory decisions.

Contention

Notable points of contention surrounding HB 560 include concerns about the balance between protecting property rights and the ability of local governments to implement necessary regulations. Critics may argue that broad compensation measures could deter municipalities from enforcing land use regulations essential for community welfare. Additionally, the bill's language raises questions about the scope of what qualifies as just compensation, potentially leading to legal disputes and varying interpretations in the courts.