Tennessee House Bill HB0938

Tennessee 2023-2024 Regular Session

• Introduced: 1/30/23
• Refer: 2/2/23
• Refer: 3/22/23
• Refer: 3/28/23
• Refer: 4/18/23
• Engrossed: 4/20/23
• Enrolled: 4/28/23
• Passed: 5/11/23
• Chaptered: 5/19/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 6, Chapter 51, relative to municipal boundaries.

Impact

The bill significantly alters the dynamics of municipal governance in Tennessee. By facilitating deannexation for agricultural land, it empowers property owners to reclaim their local governance and potentially reduces the control municipalities have over land use policies related to agriculture. This change may influence local zoning laws and taxation policies, leading to a re-evaluation of how agricultural land is treated within municipal jurisdictions. It is designed to balance the rights of property owners against municipal control, aiming to provide more autonomy for those engaged in farming.

Summary

House Bill 0938, enacted in Tennessee, focuses on amending the state code related to municipal boundaries. The bill allows owners of agricultural property that have been annexed by municipalities without a referendum or their request to petition for deannexation. This legislative change offers a legal pathway for these property owners to regain control over their land if certain conditions are met, including the requirement that no surrounding unincorporated territories are created by the deannexation, and that the current owners or their direct descendants were the same as those at the time of annexation.

Sentiment

The sentiment surrounding HB 0938 is mixed. Proponents argue that the bill is a necessary step to protect the rights of property owners, particularly farmers who may find themselves at odds with municipal regulations that could impose burdensome restrictions upon their operations. Opponents, however, may view the bill as undermining municipal authority, raising concerns about the potential for fragmented governance and the complications that could arise from allowing individual parcels of land to be deannexed. The underlying debate highlights the tension between individual property rights and collective municipal governance.

Contention

Notable points of contention include the implications of deannexation on local municipalities, especially regarding their financial responsibilities. The bill permits municipalities to continue levying taxes on property in a deannexed area to cover debts incurred before the property’s deannexation, igniting concerns over financial fairness and the burden placed on remaining municipal residents. Alternatively, supporters view this as a fair approach, ensuring that municipalities can manage their debts while also respecting property owners' rights. As such, discussions around HB 0938 reflect broader themes within property law and local governance that resonate deeply in Tennessee’s legislative landscape.