Eminent Domain in Tennessee
If you’ll recall, the eminent domain legislation passed in Tennessee in response to the Kelo ruling was some of the weakest in the nation thanks to Bredesen’s lack of leadership and the Democrat majority in the House. The Knox News Sentinel editorial board said it was a good compromise. Yea, OK. It wasn’t a good compromise, but when you’re shilling for the City of Knoxville, I can see how it might look good to the Sentinel board.
As it turns out, Knoxville has taken their redevelopment show on the road. They’ve travelled to Clarksville to share the ideas, from NewsChannel5:
Tempers flared in Clarksville Thursday night over the issue of blighted homes in the city and a plan to develop them.
A capacity crowd inside Burt School kept several dozen people from attending a public hearing.
The fire marshal only allowed 180 people inside.
This left a big group outside the building.People gathered wanted to sound off about a plan that originally called their community blighted.
“My husband and I have spent 25 years of married life together, fixing it up, making it a home and they’re not going to take it,” said Debbie Hunt.
Several people in the group said they think the city designated their property as blighted to take and sell to developers.
Of course, now the mayor and others are saying that they don’t want to take anyone’s property. Please note: they never intend to take it. But then sometimes they must.
From the Leaf Chronicle:
Inside the hearing, Alvin Nance, CEO of the Knoxville Community Development Corporation, gave a presentation on the successes Knoxville has achieved with several redevelopment plans.
In a presentation similar to one he recently gave a Clarksville delegation to Knoxville, Nance said KCDC has 16 redevelopment plans under way and has used redevelopment plans since the 1950s.
And from the Tennessean, here’s a story to watch if you’re concerned about private property rights:
For nearly nine years, Ford has resisted entreaties to sell her squat, nearly windowless building at 23 Music Circle E. as part of a master redevelopment plan meant to revitalize Division and Demonbreun streets.
Now her resistance could become a landmark battle for the city, both culturally and for its implications on the use of eminent domain, the centuries-old power that lets local governments take control of private property to make improvements for the common good.“If somebody’s willing to come down and tear down a place like this, they might as was well tear down Jack’s Tracks or RCA Studio B,” Ford said, naming two Music Row landmarks. “I don’t feel like it’s right for anybody to come in and bully a landholder.”
The Metro Development and Housing Agency, the arm of the city government that oversees urban redevelopment, has signed an agreement with the Houston-based Lionstone Group to buy Ford’s property, then sell it to Lionstone at cost.
Backed with the possibility of eminent domain, city officials hope to persuade Ford to sell and clear the way for Lionstone’s $100 million plan for a two-building commercial and residential complex.
Are you concerned about eminent domain abuse? You might want to sign up with these folks: Castle Coalition. There is strength in numbers and these fine folks work hard on the issue.

5 Comments so far
Leave a comment
[...] Terry Frank has a round up of Eminent Domain issues in Tennessee. [...]
By SayUncle » Eminent Domain Locally on 03.24.08 8:36 am
Didn’t Chavez do something like this down south? But then again, I don’t recall our government doing much about it then either. For those of you that might be concerned but out of the loop: Hugo Chavez has been seizing oil, telecom and other companies in the interest of “common good.” And since our Socialist politicians agree with him, we can all see where we are headed. I personally wonder how it will play out on the news when they have to kill someone to take a piece of property for commercial development. They had better never set their sights on Rancho BCB!
Remember how important it is to get good Supreme Court Justices in there when we pull that lever (or push the button) in November for president. I fear for our country.
By BCB on 03.24.08 11:19 am
Are you OK with them taking your rancho to build a school?
By SemiPundit on 03.26.08 12:29 pm
If it is for the COMMON good, schools roads etc., it is understandable. No, I would not like it, but that is what is at stake here. I also don’t like paying taxes.
By BCB on 03.28.08 12:25 pm
With our city council rushing to go to a renewed voting process on the latest of five rewrites, ” and Urban Renewal” has been added to the name of this ordinance. while I am in the know on Tennessee law as it pertains to Redevelopment Plans, adding urban renewal has some significance, I am sure. But what? Does anyone out there know how urban renewal allows for easier use of ED ( yes, eminent domain ) Don Sharpe
By Don Sharpe on 04.06.08 7:24 am
Leave a comment
Line and paragraph breaks automatic, e-mail address never displayed, HTML allowed:
<a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>