All Eminent Domain Legislation - Tennessee
HB4061
Latest Action: 02/12/2008 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill Text Companion Bill SB4088. Eminent Domain - Prohibits petitioner's entry upon land sought to be taken prior to execution of final judgment in eminent domain action without prior written consent of landowner. - Amends TCA Title 29. Fiscal Summary for HB4061 / *SB4088 Increase State Expenditures - $1,250,000 /Highway Fund Bill Summary for HB4061 / *SB4088 Under present law, a person who intends to apply to take real property by eminent domain, and enters upon the land of another for the purpose of making the requisite examinations and surveys, and doing no unnecessary injury, is liable only for the actual damage done, and, if sued, the plaintiff's recovery is limited to only as much costs as damages. This bill replaces present law with a prohibition against any petitioner entering on land sought to be taken by eminent domain for any [...] show full description Comment on Bill HB4062
Latest Action: 02/12/2008 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill Text Companion Bill SB4089. Eminent Domain - Requires an approval process by a planning commission and a governing body before a public agency may exercise eminent domain. - Amends TCA Title 29. Fiscal Summary for HB4062 / *SB4089 Increase Local Expenditures - Not Significant Bill Summary for HB4062 / *SB4089 Under this bill, prior to a governmental entity exercising the power of eminent domain primarily for the promotion of economic development by transferring the property to a private party, the entity must have approval from the planning commission of the development plan for the area. The development plan must detail the method for promoting the economic development of the area. This requirement would not apply to blight removal, slum clearance, or industrial development. Before approving or denying a development plan pursuant to [...] show full description SB4088
Latest Action: 02/04/2008 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Companion Bill HB4061. Eminent Domain - Prohibits petitioner's entry upon land sought to be taken prior to execution of final judgment in eminent domain action without prior written consent of landowner. - Amends TCA Title 29. Fiscal Summary for *SB4088 / HB4061 Increase State Expenditures - $1,250,000 /Highway Fund Bill Summary for *SB4088 / HB4061 Under present law, a person who intends to apply to take real property by eminent domain, and enters upon the land of another for the purpose of making the requisite examinations and surveys, and doing no unnecessary injury, is liable only for the actual damage done, and, if sued, the plaintiff's recovery is limited to only as much costs as damages. This bill replaces present law with a prohibition against any petitioner entering on land sought to be taken by eminent domain for any [...] show full description SB4089
Latest Action: 02/04/2008 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Companion Bill HB4062. Eminent Domain - Requires an approval process by a planning commission and a governing body before a public agency may exercise eminent domain. - Amends TCA Title 29. Fiscal Summary for *SB4089 / HB4062 Increase Local Expenditures - Not Significant Bill Summary for *SB4089 / HB4062 Under this bill, prior to a governmental entity exercising the power of eminent domain primarily for the promotion of economic development by transferring the property to a private party, the entity must have approval from the planning commission of the development plan for the area. The development plan must detail the method for promoting the economic development of the area. This requirement would not apply to blight removal, slum clearance, or industrial development. Before approving or denying a development plan pursuant to [...] show full description HB3944
Latest Action: 02/07/2008 - Passed second consideration, caption bill, held on desk - pending amdt. Bill Text Companion Bill SB2754. Eminent Domain - Limits the use of eminent domain proceedings for the construction or extension of utility lines in certain circumstances. - Amends TCA Title 5; Title 6; Title 7; Title 13; Title 29, Chapter 17; Title 65 and Title 68. Fiscal Summary for HB3944 / *SB2754Increase Local Revenue - Exceeds $100,000 Increase Local Expenditures* - Exceeds $100,000 Bill Summary for HB3944 / *SB2754 This bill requires a utility to make reasonable efforts to first utilize property for which eminent domain is not required for such construction or extension, prior to a utility initiating condemnation proceedings for constructing or extending a utility line. Under this bill, the utility would resort to traversing private property only after such efforts to utilize other property have been exhausted. This bill specifies that a public [...] show full description HB3003
Latest Action: 01/24/2008 - Passed second consideration, caption bill, held on desk - pending amdt. Bill Text Eminent Domain - Clarifies the legislative intent to use the power of eminent domain sparingly and that laws permitting the use of such power be narrowly construed. - Amends TCA Title 29; Title 48 and Title 50. Fiscal Summary for *HB3003 / SB3287MINIMAL Latest Action: 03/25/2008 - Assigned to Gen. Sub of Senate Jud. Comm. Bill Text Eminent Domain - Clarifies the legislative intent to use the power of eminent domain sparingly and that laws permitting the use of such power be narrowly construed. - Amends TCA Title 29; Title 48 and Title 50. Fiscal Summary for SB3287 / *HB3003MINIMAL SB2754
Latest Action: 03/11/2008 - Assigned to Gen. Sub of: Senate Jud Comm. Bill Text Companion Bill HB3944. Eminent Domain - Limits the use of eminent domain proceedings for the construction or extension of utility lines in certain circumstances. - Amends TCA Title 5; Title 6; Title 7; Title 13; Title 29, Chapter 17; Title 65 and Title 68. Fiscal Summary for *SB2754 / HB3944Increase Local Revenue - Exceeds $100,000 Increase Local Expenditures* - Exceeds $100,000 Bill Summary for *SB2754 / HB3944 This bill requires a utility to make reasonable efforts to first utilize property for which eminent domain is not required for such construction or extension, prior to a utility initiating condemnation proceedings for constructing or extending a utility line. Under this bill, the utility would resort to traversing private property only after such efforts to utilize other property have been exhausted. This bill specifies that a public [...] show full description HB2340
Latest Action: 04/09/2008 - Taken Off Notice For Calendar in Subcommittee Industrial Impact of Commerce of Commerce Committee Bill Text Eminent Domain - Requires an appraiser making an appraisal for condemnation to be a licensed and qualified appraiser who has education and experience in the field of condemnation and requires the appraisal to be made in conformance with the provisions of title 62, chapter 39. - Amends TCA Section 29-17-1004 and Title 62, Chapter 39. Fiscal Summary for HB2340 / *SB1576Increase State Expenditures - $2,500 One-Time Latest Action: 04/17/2007 - Taken Off Notice For Calendar in Subcommittee Civil Practice and Procedure of Judiciary of Judiciary Committee Bill Text Eminent Domain - Clarifies that no municipality shall exercise its powers of eminent domain to condemn unincorporated territory that is located outside the municipality's urban growth boundaries that in any manner would violate the comprehensive growth plan. - Amends TCA Title 29, Chapter 17. Fiscal Summary for HB1535 / *SB1313MINIMAL HB1507
Latest Action: 02/26/2007 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill Text Companion Bill SB0658. Remedies and Special Proceedings - Authorizes evidence of the value of a leasehold and attendant rights to be based upon any valuation method or process commonly used by owners of such leaseholds; the value may be proven by testimony of a licensed real estate appraiser. - Amends TCA Section 29-16-114. Fiscal Summary for HB1507 / *SB0658Increase State Expenditures - $1,310,000 / Highway Fund $310,000 / General Fund Bill Summary for HB1507 / *SB0658 Present law provides the following: (1) If any person, agency, or other entity acquires any interest in real property pursuant to the execution of the power of eminent domain, then the person will acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which the person requires [...] show full description HB1389
Latest Action: 02/26/2007 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill Text Eminent Domain - Clarifies the legislative intent to use the power of eminent domain sparingly and that laws permitting the use of such power be narrowly construed. - Amends TCA Title 29, Chapter 16 and Title 29, Chapter 17. Fiscal Summary for HB1389 / *SB0909MINIMAL HB1297
Latest Action: 02/04/2008 - Withdrawn. Bill Text Municipal Government - Clarifies that no municipality shall exercise its powers of eminent domain to condemn unincorporated territory that is located outside the municipality's urban growth boundaries that in any manner would violate the comprehensive growth plan. - Amends TCA Title 6, Chapter 54. Fiscal Summary for HB1297 / *SB1314MINIMAL HB1242
Latest Action: 04/10/2007 - Failed In Subcommittee Civil Practice and Procedure of Judiciary of Judiciary Committee Bill Text Companion Bill SB0707. Eminent Domain - Rewrites provisions regarding the procedures and use of eminent domain. - Amends TCA Title 5; Title 6; Title 7; Title 11; Title 12; Title 13; Title 29; Title 43; Title 64; Title 65; Title 68; Title 69 and Title 70. Fiscal Summary for HB1242 / *SB0707Increase State Expenditures - Exceeds $1,000,000 Increase Local Govt. Expenditures* - Exceeds $1,000,000 Other Fiscal Impact - Changes in property tax collections could occur as a result of this bill. Currently, if an entity acquires property through the power of eminent domain, there may be a change in tax status as the property changes from a taxable parcel to a tax exempt parcel. If the take parcel is subsequently leased to a private entity, in-lieu of tax payments may be negotiated with the private entity. The amount of such payments can vary according to individually negotiated [...] show full description SB1313
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Eminent Domain - Clarifies that no municipality shall exercise its powers of eminent domain to condemn unincorporated territory that is located outside the municipality's urban growth boundaries that in any manner would violate the comprehensive growth plan. - Amends TCA Title 29, Chapter 17. Fiscal Summary for *SB1313 / HB1535MINIMAL SB1576
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud. Comm. Bill Text Eminent Domain - Requires an appraiser making an appraisal for condemnation to be a licensed and qualified appraiser who has education and experience in the field of condemnation and requires the appraisal to be made in conformance with the provisions of title 62, chapter 39. - Amends TCA Section 29-17-1004 and Title 62, Chapter 39. Fiscal Summary for *SB1576 / HB2340Increase State Expenditures - $2,500 One-Time SB1654
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Eminent Domain - Clarifies that public agency condemner liable for payment of discretionary costs permitted by Rule 54.02 of rules of civil procedure if jury award of compensation exceeds amount deposited by agency with the clerk and specifically provides that state of Tennessee is liable for such costs when it is condemner. - Amends TCA Title 29, Chapter 17, Part 9. Fiscal Summary for SB1654 / *HB1115Increase State Expenditures - Exceeds $600,000/Highway Fund Less than $100,000/General Fund SB1314
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud. Comm. Bill Text Municipal Government - Clarifies that no municipality shall exercise its powers of eminent domain to condemn unincorporated territory that is located outside the municipality's urban growth boundaries that in any manner would violate the comprehensive growth plan. - Amends TCA Title 6, Chapter 54. Fiscal Summary for *SB1314 / HB1297MINIMAL HB1115
Latest Action: 02/21/2007 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill Text Eminent Domain - Clarifies that public agency condemner liable for payment of discretionary costs permitted by Rule 54.02 of rules of civil procedure if jury award of compensation exceeds amount deposited by agency with the clerk and specifically provides that state of Tennessee is liable for such costs when it is condemner. - Amends TCA Title 29, Chapter 17, Part 9. Fiscal Summary for *HB1115 / SB1654Increase State Expenditures - Exceeds $600,000/Highway Fund Less than $100,000/General Fund HB0482
Latest Action: 04/24/2007 - Failed In Subcommittee Civil Practice and Procedure of Judiciary of Judiciary Committee Bill Text Companion Bill SB0166. Eminent Domain - Grants property owner whose land is taken by eminent domain the right to repurchase such property if the condemning entity does not use the property for the purpose for which it was condemned or if the entity sells the property within 10 years of condemnation. - Amends TCA Title 29. Fiscal Summary for HB0482 / *SB0166Other Fiscal Impact - To the extent that the amount received for any sale to a former owner is equivalent to the amount the condemning entity would have received through public sale, there would be no change in state or local government revenues or expenditures. To the extent that the amount received for any sale to a former owner is less than the amount the condemning entity would have received through public sale, there will be a decrease in revenues to state or local government. Although the specific circumstances [...] show full description Latest Action: 04/08/2008 - Taken Off Notice For Calendar in Subcommittee Civil Practice and Procedure of Judiciary of Judiciary Committee Bill Text Companion Bill SB0167. Eminent Domain - Requires county and municipal legislative bodies to approve the exercise of eminent domain by two-thirds vote prior to any property being condemned and taken by such bodies. - Amends TCA Title 29. Fiscal Summary for HB0560 / *SB0167 Other Fiscal Impact - Changes in property tax collections could occur as a result of this bill. Currently, if an entity acquires property through the power of eminent domain, there may be a change in tax status as the property changes from a taxable parcel to a tax exempt parcel. If the taken parcel is subsequently leased to a private entity, in-lieu of tax payments may be negotiated with the private entity. The amount of such payments can vary according to individually negotiated circumstances and may differ from the amount of tax collected prior to the government taking. Under this bill, such transactions [...] show full description SB0668
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Companion Bill HB0778. Eminent Domain - Limits authority of governmental entities to transfer to a private entity blighted property taken by condemnation. - Amends TCA Title 12 and Title 29. Fiscal Summary for *SB0668 / HB0778 Other Fiscal Impact - Changes in property tax collections could occur as a result of this bill if the provisions of the bill result in fewer takings. Currently, if an entity acquires property through the power of eminent domain, there may be a change in tax status as the property changes from a taxable parcel to a tax exempt parcel. If the taken parcel is subsequently leased to a private entity, in-lieu of tax payments may be negotiated with the private entity. The amount of such payments can vary according to individually negotiated circumstances and may differ from the amount of tax collected prior to the government taking. Under this bill, such [...] show full description SB0658
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Companion Bill HB1507. Remedies and Special Proceedings - Authorizes evidence of the value of a leasehold and attendant rights to be based upon any valuation method or process commonly used by owners of such leaseholds; the value may be proven by testimony of a licensed real estate appraiser. - Amends TCA Section 29-16-114. Fiscal Summary for *SB0658 / HB1507Increase State Expenditures - $1,310,000 / Highway Fund $310,000 / General Fund Bill Summary for *SB0658 / HB1507 Present law provides the following: (1) If any person, agency, or other entity acquires any interest in real property pursuant to the execution of the power of eminent domain, then the person will acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which the person requires [...] show full description Latest Action: 04/01/2008 - Taken Off Notice For Calendar in Subcommittee Civil Practice and Procedure of Judiciary of Judiciary Committee Bill Text Companion Bill SB0822. Eminent Domain - Requires condemning entity that does not use property for intended use or decides to sell such property within 10 years of being condemned to first offer the property for sale back to person from whom property was condemned. - Amends TCA Title 1; Title 6; Title 7; Title 11; Title 12; Title 13; Title 29; Title 43; Title 49; Title 54; Title 64; Title 65; Title 68 and Title 69. Fiscal Summary for *HB0584 / SB0822 Increase State Expenditures - Not Significant Increase Local Govt. Expenditures - Not Significant Bill Summary for *HB0584 / SB0822 Under this bill, if any property condemned or taken by eminent domain is not used for the purpose for which it was condemned or if the condemning entity decides to sell the property within 10 years of being condemned or taken, then the property must first be offered [...] show full description SB0684
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Companion Bill HB0792. Eminent Domain - Limits authority of governmental entities to transfer to a private entity blighted property taken by condemnation. - Amends TCA Title 12 and Title 29. Fiscal Summary for *SB0684 / HB0792 Other Fiscal Impact - Changes in property tax collections could occur as a result of this bill. Currently, if an entity acquires property through the power of eminent domain, there may be a change in tax status as the property changes from a taxable parcel to a tax exempt parcel. If the taken parcel is subsequently leased to a private entity, in-lieu of tax payments may be negotiated with the private entity. The amount of such payments can vary according to individually negotiated circumstances and may differ from the amount of tax collected prior to the government taking. Under this bill, such transactions would no longer take place. The property [...] show full description HB0778
Latest Action: 04/17/2007 - Failed In Subcommittee Civil Practice and Procedure of Judiciary of Judiciary Committee Bill Text Companion Bill SB0668. Eminent Domain - Limits authority of governmental entities to transfer to a private entity blighted property taken by condemnation. - Amends TCA Title 12 and Title 29. Fiscal Summary for HB0778 / *SB0668 Other Fiscal Impact - Changes in property tax collections could occur as a result of this bill if the provisions of the bill result in fewer takings. Currently, if an entity acquires property through the power of eminent domain, there may be a change in tax status as the property changes from a taxable parcel to a tax exempt parcel. If the taken parcel is subsequently leased to a private entity, in-lieu of tax payments may be negotiated with the private entity. The amount of such payments can vary according to individually negotiated circumstances and may differ from the amount of tax collected prior to the government taking. Under this bill, such [...] show full description SB0707
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud. Comm. Bill Text Companion Bill HB1242. Eminent Domain - Rewrites provisions regarding the procedures and use of eminent domain. - Amends TCA Title 5; Title 6; Title 7; Title 11; Title 12; Title 13; Title 29; Title 43; Title 64; Title 65; Title 68; Title 69 and Title 70. Fiscal Summary for *SB0707 / HB1242Increase State Expenditures - Exceeds $1,000,000 Increase Local Govt. Expenditures* - Exceeds $1,000,000 Other Fiscal Impact - Changes in property tax collections could occur as a result of this bill. Currently, if an entity acquires property through the power of eminent domain, there may be a change in tax status as the property changes from a taxable parcel to a tax exempt parcel. If the take parcel is subsequently leased to a private entity, in-lieu of tax payments may be negotiated with the private entity. The amount of such payments can vary according to individually negotiated [...] show full description HB0792
Latest Action: 04/17/2007 - Failed for Lack of Motion in: Civil Practice and Procedure of JUD Bill Text Companion Bill SB0684. Eminent Domain - Limits authority of governmental entities to transfer to a private entity blighted property taken by condemnation. - Amends TCA Title 12 and Title 29. Fiscal Summary for HB0792 / *SB0684 Other Fiscal Impact - Changes in property tax collections could occur as a result of this bill. Currently, if an entity acquires property through the power of eminent domain, there may be a change in tax status as the property changes from a taxable parcel to a tax exempt parcel. If the taken parcel is subsequently leased to a private entity, in-lieu of tax payments may be negotiated with the private entity. The amount of such payments can vary according to individually negotiated circumstances and may differ from the amount of tax collected prior to the government taking. Under this bill, such transactions would no longer take place. The property [...] show full description SB0822
Latest Action: 04/20/2007 - Assigned to Gen. Sub of Senate Jud. Comm. Bill Text Companion Bill HB0584. Eminent Domain - Requires condemning entity that does not use property for intended use or decides to sell such property within 10 years of being condemned to first offer the property for sale back to person from whom property was condemned. - Amends TCA Title 1; Title 6; Title 7; Title 11; Title 12; Title 13; Title 29; Title 43; Title 49; Title 54; Title 64; Title 65; Title 68 and Title 69. Fiscal Summary for SB0822 / *HB0584 Increase State Expenditures - Not Significant Increase Local Govt. Expenditures - Not Significant Bill Summary for SB0822 / *HB0584 Under this bill, if any property condemned or taken by eminent domain is not used for the purpose for which it was condemned or if the condemning entity decides to sell the property within 10 years of being condemned or taken, then the property must first be offered [...] show full description SB0909
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Eminent Domain - Clarifies the legislative intent to use the power of eminent domain sparingly and that laws permitting the use of such power be narrowly construed. - Amends TCA Title 29, Chapter 16 and Title 29, Chapter 17. Fiscal Summary for *SB0909 / HB1389MINIMAL SB0166
Latest Action: 06/04/2007 - Received from Senate, held on House desk. Bill Text Companion Bill HB0482. Eminent Domain - Grants property owner whose land is taken by eminent domain the right to repurchase such property if the condemning entity does not use the property for the purpose for which it was condemned or if the entity sells the property within 10 years of condemnation. - Amends TCA Title 29. Fiscal Summary for *SB0166 / HB0482Other Fiscal Impact - To the extent that the amount received for any sale to a former owner is equivalent to the amount the condemning entity would have received through public sale, there would be no change in state or local government revenues or expenditures. To the extent that the amount received for any sale to a former owner is less than the amount the condemning entity would have received through public sale, there will be a decrease in revenues to state or local government. Although the specific circumstances [...] show full description SB0167
Latest Action: 06/04/2007 - Received from Senate, held on House desk. Bill Text Companion Bill HB0560. Eminent Domain - Requires county and municipal legislative bodies to approve the exercise of eminent domain by two-thirds vote prior to any property being condemned and taken by such bodies. - Amends TCA Title 29. Fiscal Summary for *SB0167 / HB0560 Other Fiscal Impact - Changes in property tax collections could occur as a result of this bill. Currently, if an entity acquires property through the power of eminent domain, there may be a change in tax status as the property changes from a taxable parcel to a tax exempt parcel. If the taken parcel is subsequently leased to a private entity, in-lieu of tax payments may be negotiated with the private entity. The amount of such payments can vary according to individually negotiated circumstances and may differ from the amount of tax collected prior to the government taking. Under this bill, such transactions [...] show full description |
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