Tennessee Emergency Management Agency (TEMA)

Plain English Breakdown

The bill summary does not provide details on how normal eminent domain processes are defined or what constitutes 'expedited' use.

Tennessee Emergency Management Agency (TEMA) Eminent Domain Act

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

What This Bill Does

• Prohibits the governor from using expedited eminent domain over real property during a declared emergency.

Who It Names or Affects

• The Governor of Tennessee
• Property owners during declared emergencies

Terms To Know

Eminent Domain

The power of the government to take private property for public use, usually with compensation.

Declared Emergency

A situation officially recognized by the governor as requiring emergency measures.

Limits and Unknowns

• Does not specify how long it takes for normal eminent domain processes to occur.
• Does not address other powers of the governor during emergencies, such as commandeering private property (excluding firearms and ammunition).

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

HOUSE BILL 1285
By Hill

SENATE BILL 648
By Crowe

SB0648
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.