Bill seeks to limit land seizure for private use in Tennessee

The Collierville Independent
August 8, 2005

The U.S. Supreme Court recently ruled that local governments can seize private property for private development if the development generates more tax revenue. State law can restrict this expanded eminent domain, and that’s what state Sen. Mark Norris of Collierville intends to do.

“I just think we have to be very vigilant to protect private property rights,” he said.
In Kelo vs. New London, the Supreme Court established that a government entity not only can take land from a citizen for public use, but also for economic gain by private developers. Norris submitted a bill on July 29 that would stop that from happening in Tennessee if it passes in the upcoming legislative session that begins in January 2006, he said.

The bill would amend the Tennessee State Code to limit condemnation to public necessity and prohibit seizure of property for private development and/or use. The original owners would get buyback rights in circumstances where property was condemned and not used for its original purpose, Norris explained.

Town of Collierville Alderman Buddy Rowe said eminent domain is a power that takes the rights of citizens and he supports Norris’ action. However, he said, exercising eminent domain is necessary for rights of way.

“Traffic is an issue you can’t avoid. I think that’s legitimate,” he said. “But if you take four houses because you want to build a retail store, I’m not in agreement with that.”
Alderman Maureen Fraser said that as a citizen, she doesn’t agree with the misuse of eminent domain.

“It depends on when it’s necessary,” Fraser said. “We should do everything in our power like we do now to acquire the property, [but] I think that should be a last resort when there’s no other means of agreement.”

Securing the land for the new Bailey Station Elementary School is the most recent case where eminent domain prevailed in Collierville.

Jim Brock