TLRC position
Oppose
2025 · Property
Creates agricultural easements and threatens private property rights.
HB 1325 / SB 0207
Bill description
Establishes a farmland preservation fund to provide grants for permanent conservation easements on farms and forestland.
AN ACT to amend Tennessee Code Annotated, Title 43, Chapter 1, Part 1, relative to the farmland preservation fund.
Bill sponsors
House co-sponsors · 19
Mark Cochran R, Renea Jones R, Greg Vital R, Tom Stinnett R, David Hawk R, Rebecca Alexander R, Jay Reedy R, Dennis Powers R, Aron Maberry R, Lowell Russell R, Jeff Burkhart R, Rush Bricken R, Fred Atchley R, Charlie Baum R, Ron Travis R, Michael Hale R, Dan Howell R, Mark White R, Mary Littleton R
TLRC statement
This bill seeks to establish a Farmland Preservation Fund in Tennessee, allowing landowners to place their farmland or forestland into permanent conservation easements in exchange for financial incentives. Administered by the Department of Agriculture, the program would provide grants to landowners or third-party organizations (qualified easement holders) that acquire conservation easements. Once land is placed under an easement, its use is restricted permanently, preventing future development or alternative land uses. The bill’s stated goal is to preserve Tennessee’s agricultural and forested lands for future generations.
While this may appear to be a voluntary program aimed at conservation, the legislation poses a significant threat to private property rights. Conservation easements effectively strip landowners of full control over their property, placing it under restrictive agreements that last in perpetuity. Once land is placed in an easement, it cannot be reversed, sold for other purposes, or used beyond the limitations set by the easement holder. This means that future generations of landowners will be bound by the decisions made today, with little recourse to adapt to changing economic, environmental, or personal circumstances.
Furthermore, this bill incentivizes landowners to trade away their property rights in exchange for short-term financial benefits, using taxpayer money to facilitate the loss of private control over land. While marketed as a voluntary program, history shows that government-funded conservation efforts often expand over time, leading to increased pressure on landowners to participate or face regulatory consequences. Additionally, this bill grants significant authority to nonprofit organizations (qualified easement holders) that may have political or ideological agendas that conflict with property owners’ long-term interests.
Private landowners should not be enticed into surrendering control over their land for government-backed incentives. True farmland preservation should prioritize protecting property rights and allowing landowners the freedom to make decisions about their own land without government interference or permanent restrictions. HB 1325 / SB 207 represents a dangerous shift toward state-facilitated control over private property under the guise of conservation.