 |
|
|
|
October 31, 2005 Dear Friends, There has been much discussion on the subject of eminent domain since the Supreme Court decision this summer that makes it easier for government to take property away from private landowners. However, I have filed legislation to protect Tennessee property owners from losing their land to the state in the name of private economic development. Traditionally, the concept of eminent domain, also known as “condemnation,” applied to the taking of property for “public use” such as utilities, roads or the elimination of blight. In Kelo v.City of New London, the United States Supreme Court recently expanded the definition of public use to include private economic development unless otherwise restricted by state law. In a controversial 5-4 decision, the Court ruled that local governments can take property from one person and give it to another for the purpose of economic development. At issue is whether government can take private property for economic development under the guise of public use. We want to make it clear that this is not appropriate in the State of Tennessee. My legislation seeks to defend traditional rights in private property by individuals entitled to freedom from government’s grasp by restricting the definition of public use. The state must not seize property only to hand it over to a corporation or other private developer solely to increase tax revenue. Additionally, I will continue to pursue passage of SJR1, my Homestead Exemption legislation which freezes the amount of property tax imposed on a residence when the taxpayer turns 65. As appreciating property values result in ever higher property taxes, those on fixed incomes do not have the extra funds to pay the assessments on their property. I feel that Tennessee’s senior citizens should not be forced to choose between paying for property taxes and other necessities such as prescriptions. The time for homestead relief is now. We have also listed below a brief summary of the property and municipal-related legislation I sponsored and passed this session. For additional information, visit my website at www.marknorris.org .
* * * * * Norris Sponsors Legislation to Protect Private Property NASHVILLE, Tenn. --- State Senator Mark Norris (R-Collierville) has filed legislation to protect Tennessee property owners from losing their property to the state for private economic development. Traditionally, the concept of eminent domain, also known as “condemnation,” applied to the taking of property for “public use” such as utilities, roads or the elimination of blight. In Kelo v.City of New London, the United States Supreme Court recently expanded the definition of public use to include private economic development unless otherwise restricted by state law. In a controversial 5-4 decision, the Court ruled that local governments can take property from one person and give it to another for the purpose of economic development. “At issue is whether government can take private property for private economic development under the guise of public use,” said Norris. “We want to make it clear that this is not appropriate in the State of Tennessee.” Norris’ Senate Bill 2420 will be considered when the General Assembly reconvenes in January. “My legislation seeks to defend traditional rights in private property by individuals entitled to freedom from government’s grasp by restricting the definition of public use,” Norris said. “The state must not seize property only to hand it over to a corporation or other private developer solely to increase tax revenue.” said Norris. Norris is a member of the Senate Judiciary Committee which will tackle the issue next year. He was reelected to a second term last year. He represents Shelby, Tipton, Lauderdale and Dyer counties. * * * * * 2005 Property Legislation Passed into Law
Property Tax Relief for Disabled Veterans Under the old guidelines, disabled veterans received assistance for paying the first $140,000 of value in local property taxes. Our legislation amends that statute by raising the amount of value reimbursed by an additional $10,000, to the $150,000 level.
Protecting Urban Growth Areas
Municipal Annexation
Emergency “Mutual Aid” for Shelby County Municipalities The incident raised questions about Shelby County’s ability to respond to medical emergencies. Our emergency personnel perform their jobs extremely well, but as annexation changed municipal boundaries, there was a risk of confusion. The goal of this measure was to strengthen the lines of communication between the different governing bodies and to better map who is best able geographically to respond. The new law requires the legislative bodies of an annexing municipality to notify all emergency communications districts thirty (30) days prior to annexation and provide updated lists of all houses and roads affected by the annexation. The measure not only helps ensure that an emergency situation is served by the closest responders, but can also alleviate the expense of purchasing additional vehicles and equipment.
Legally Defining “Agriculture” To Protect Farmers Today, modern crops such as Christmas trees or freshwater shrimp can pose interpretation problems because they may not meet the traditional criteria. Senate Bill 2207, signed by the Governor into law, clarifies that land, buildings, machinery and activities used in the commercial production of farm products and nursery stock are considered “agriculture” for purposes of zoning, liens and education. |
Chapter 458 on June 18, 2005
