Norris Sponsors Legislation to Protect Private Property

NASHVILLE, Tenn.  --- (July 29, 2005) State Senator Mark Norris (R-Collierville) filed legislation today 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 convenes 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.