HB1285 • 2026

Tennessee Emergency Management Agency (TEMA)

AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 16; Title 29, Chapter 17; Title 54 and Title 58, Chapter 2, relative to the use of eminent domain during declared emergencies.

Firearms

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Hill, Crowe
Last action: 2025-03-05
Official status: Sponsor(s) Added.
Effective date: Not listed

Plain English Breakdown

The official source material does not provide details on compensation methods for property owners or other emergency management powers of the governor.

Emergency Property Use Rules

This bill restricts the governor's ability to use eminent domain quickly during declared emergencies for real property.

What This Bill Does

Restricts the governor from using eminent domain in an expedited manner over real property during declared emergencies.

Who It Names or Affects

The governor of Tennessee
Property owners during declared emergencies

Terms To Know

eminent domain: A government's power to take private property for public use, usually with compensation.
expedited manner: Doing something quickly or in a rush

Limits and Unknowns

Does not specify how the governor can compensate property owners.
The bill does not address other emergency management powers of the governor.

Bill History

2025-03-05 Tennessee General Assembly
Sponsor(s) Added.
2025-02-12 Tennessee General Assembly
Assigned to s/c Civil Justice Subcommittee
2025-02-12 Tennessee General Assembly
P2C, ref. to Judiciary Committee
2025-02-12 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Judiciary Committee
2025-02-10 Tennessee General Assembly
Intro., P1C.
2025-02-10 Tennessee General Assembly
Introduced, Passed on First Consideration
2025-02-06 Tennessee General Assembly
Filed for introduction
2025-01-31 Tennessee General Assembly
Filed for introduction

Official Summary Text

Present law provides that t
he governor is responsible for addressing the dangers presented to this state and its people by emergencies.

In the event of an emergency beyond local control, the governor, or, in the governor's absence, the governor's successor as provided by law, may assume direct operational control over all or any part of the emergency management functions within this state
.

The governor is
also
authorized to delegate such powers as the governor may deem prudent.

In addition to any other powers conferred upon the governor by law
, and subject
to any applicable requirements for compensation,
present law authorizes
the governor
to, among other things,
commandeer or utilize private property

if the governor finds this necessary to cope with the emergency
. However, the governor cannot commandeer or utilize
firearms, ammunition, or firearm or ammunition components
.

This bill clarifies that, in exercising such additional power to commandeer or utilize private property
, the power of eminent domain over real property must not be used in any expedited manner.

Current Bill Text

Read the full stored bill text

SENATE BILL 648
By Crowe

HOUSE BILL 1285
By Hill

HB1285
000766
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 29,
Chapter 16; Title 29, Chapter 17; Title 54 and Title
58, Chapter 2, relative to the use of eminent
domain during declared emergencies.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 58-2-107(e)(4), is amended by
deleting the subdivision and substituting instead:
(4) Subject to any applicable requirements for compensation, commandeer or
utilize any private property, which term must not be construed to include firearms,
ammunition, or firearm or ammunition components, if the governor finds this necessary
to cope with the emergency; provided, that the power of eminent domain over real
property must not be used in any expedited manner;
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.