TLRC position
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2025 · Government · Property
Restricts the use of eminent domain for blighted areas.
HB 0444 / SB 0480
Bill description
Redefines blighted properties, limits eminent domain to blighted or public-use properties, and allows voluntary purchases above market value.
AN ACT to amend Tennessee Code Annotated, Title 13, Chapter 20; Title 13, Chapter 21 and Title 29, Chapter 17, relative to housing authorities.
Bill sponsors
House co-sponsors · 22
Elaine Davis R, Rick Eldridge R, Andrew Farmer R, Kip Capley R, John Crawford R, Dennis Powers R, Ed Butler R, Jeremy Faison R, Jake McCalmon R, Todd Warner R, Michele Reneau R, Charlie Baum R, Tim Rudd R, Jerome Moon R, Paul Sherrell R, Jeff Burkhart R, Jody Barrett R, Jay Reedy R, Bryan Terry R, Dan Howell R, Iris Rudder R, Monty Fritts R
Senate co-sponsors · 2
Jessie Seal R, John Stevens R
TLRC statement
The bill strengthens private property rights by limiting the use of eminent domain and ensuring that properties cannot be seized based on an overly broad definition of “blighted areas.” The bill narrows the definition of blight to apply only to individual properties with serious code violations that impact safety, rather than allowing entire areas to be condemned for redevelopment. This protects well-maintained properties from being wrongfully targeted under urban renewal projects.
By replacing vague language that has been used to justify eminent domain abuse, this legislation ensures that property owners cannot lose their land simply because it is near neglected properties or within a redevelopment zone. It also grants property owners the right to challenge eminent domain proceedings in court if their property is being taken under the pretense of blight remediation.
Additionally, the bill encourages voluntary sales instead of forced takings, allowing housing authorities to negotiate fair purchases without resorting to eminent domain. Farmers and agricultural properties are explicitly protected, ensuring that farmland cannot be seized for non-public use under the guise of redevelopment.
This is a necessary safeguard against government overreach, protecting Tennesseans from unjust property seizures and ensuring that eminent domain is used only for true public use or legitimate blight remediation. This bill upholds property rights, reinforces due process, and prevents abuse of power by local authorities.