Eminent Domain

Plain English Breakdown

The official source material does not provide specific details on the extent of land that can be taken under eminent domain.

Eminent Domain Law Changes

This bill amends Tennessee's eminent domain laws to include sidewalks, greenways, bike lanes, pedestrian paths, and proper slope development when taking private land for public transportation projects.

What This Bill Does

• Amends the definition of 'public use' in Tennessee's eminent domain law.
• Includes sidewalks, greenways, bike lanes, pedestrian ways, and proper slope developments as part of public transportation projects under eminent domain.

Who It Names or Affects

• People who own land near potential public transportation projects.
• Government entities taking private property for public use.

Terms To Know

Eminent domain

The power of the government to take private property and convert it into public use, usually with compensation to the owner.

Public transportation projects

Infrastructure like roads, highways, bridges, sidewalks, greenways, bike lanes, pedestrian ways, and proper slope developments that are used for public transit or travel.

Limits and Unknowns

• The bill does not specify how much land can be taken.
• It is unclear what 'proper slope development' means in detail.

Official Summary Text

Present law provides that private property must only be condemned and taken via the power of eminent domain by government entities if the land will be used for a legitimate public use. One such legitimate public use is t
he acquisition of any interest in land necessary for a road, highway, bridge, or other structure, facility, or project used for public transportation
. This bill clarifies that such public use also includes
an associated sidewalk, public greenway, bicycle lane, pedestrian way, or proper sl
ope development
.

Current Bill Text

SENATE BILL 2272
By Briggs

HOUSE BILL 2161
By Wright
HB2161
011571
- 1 -

AN ACT to amend Tennessee Code Annotated, Section
29-17-102, relative to eminent domain.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 29-17-102, is amended by deleting
subdivision (2)(A) and substituting:
(A) The acquisition of an interest in land necessary for a road, highway, bridge,
or other structure, facility, or project used for public transportation, including an
associated sidewalk, public greenway, bicycle lane, pedestrian way, or proper slope
development;
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.