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 […]
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 […]
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 […]
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.
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 […]
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.
