Tennessee House Bill HB2117

Tennessee 2023-2024 Regular Session

• Introduced: 1/24/24
• Refer: 1/29/24
• Refer: 3/19/24
• Refer: 4/2/24
• Chaptered: 5/13/24
• Passed: 5/13/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 20; Title 21; Title 27; Title 28 and Title 29, relative to the protection of private property rights.

Impact

The introduction of HB 2117 would significantly influence how local governments operate concerning property regulations. By requiring attestation in annual audits and allowing individuals to initiate legal actions against alleged violations, the bill intensifies the scrutiny placed on local actions regarding property rights. This creates a legal pathway for residents to contest actions they perceive as infringing on their rights, thereby increasing the potential for litigation around property issues, which could deter some local governance initiatives.

Summary

House Bill 2117 aims to amend Tennessee's existing laws to enhance the protection of private property rights. The bill specifies that political subdivisions must provide annual audits attesting that they have not received grants intended to pursue specific policies relating to property regulations. This legislative change emphasizes accountability and transparency within local governments, as it directly ties the receipt of grants to compliance with state laws regarding property rights.

Sentiment

The sentiment surrounding HB 2117 has been mixed. Proponents argue that the bill fosters a necessary framework for protecting individual property rights against local government actions that may overreach or infringe those rights. In contrast, critics express concerns that the bill could hinder local governance and decision-making, especially in communities where specific zoning or property regulations are vital for local development. The debate highlights the tension between state-level enforceability and local flexibility in governance.

Contention

Notably, the contention arises from the implications of heightened legal actions that residents could pursue against local governments under this bill. Opponents fear this could lead to an overload of litigation, challenging local governance efforts, particularly those aimed at community welfare projects. Additionally, the requirement for annual attestations could create administrative burdens for local governments, raising concerns about the practicality of fulfilling these requirements without overextending their resources. Overall, HB 2117 embodies a broader debate over the balance of local autonomy versus state oversight in municipal governance.