§ 12-1-206. Limitation of Action
An owner of private property shall commence any proceedings claiming a government action is an unconstitutional taking within the same limitation of actions period as provided in § 29-16-124 for actions commenced pursuant to § 29-16-123.
§ 12-1-108. Condemnation Request
In the event it becomes necessary to condemn the land, the commissioner and the governor shall request the attorney general and reporter in writing to file the proper condemnation proceedings, which shall be under the general laws relating to the acquisition of land for public purposes by condemnation, authority being granted for that purpose.
§ 12-1-109. Land for Institutional Water or Sewage System
The state, acting through the department or agency having the power of supervision over any penal, charitable, reformatory, or educational institution belonging to the state, with the approval of the governor, shall have the right to acquire by purchase, donation, or condemnation on behalf of the state, all necessary land with interests therein, including necessary […]
§ 12-1-110. Joint Purchase of Art
Any state agency authorized to purchase a work of art is authorized to enter into contracts with a private or public foundation to jointly purchase a work of art as defined in § 47-25-1002. Such contracts shall be entered into in accordance with state purchasing statutes and regulations. Such contracts, to be mutually agreed upon, […]
§ 12-1-111. Continued Validity of Agreement Between Local Government and Adjoining Private Property Owner for Agricultural Use of Government Land Upon Sale of Such Land to Another Local Government
If any real property owned by a local government, where a written agreement was executed allowing adjoining private property owners to utilize the local government’s real property for agricultural use when the property was transferred by execution of a quitclaim deed to the local government, is then sold or transferred to another local government or […]
§ 12-1-201. Purpose of Part
The purpose of this part is to provide a mechanism for education of, and consideration by, state agencies and the public regarding what government actions may result in an unconstitutional taking of private property, in order to avoid an unnecessary burden on the public treasury and unwarranted interference with private property rights. It is not […]
§ 12-1-202. Part Definitions
As used in this part, unless the context otherwise requires: “Government action” does not include: The formal exercise of the power of eminent domain; The forfeiture or seizure of private property by law enforcement agencies as evidence of a crime or for violations of law; Orders issued by a state agency or court of law […]
§ 12-1-203. Guidelines for Avoiding Unconstitutional Takings
The attorney general and reporter shall develop and submit to the secretary of state for publication in the Tennessee administrative register guidelines to assist in the identification and evaluation of government actions that may result in unconstitutional taking. The attorney general and reporter shall base the guidelines on current law as articulated by the United […]
§ 12-1-204. Effect of Taking on Property Valuation
If a court determines that a government action has resulted in an unconstitutional taking in Tennessee, the effect on the valuation of such property shall be taken into account in determining the value of the property for property tax purposes under title 67, chapter 5, part 6.
§ 12-1-205. Attorneys’ Fees
An owner of private property who successfully establishes that a government action is an unconstitutional taking of such owner’s private property requiring payment or just compensation shall be entitled to recover the same attorneys’ fees, costs and expenses as are allowable in actions brought pursuant to § 29-16-123(b). Such recovery shall be in accordance with […]