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Monday, April 17, 2006 – by Accompaniment Rep. Susan Lynn



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This Session the Tennessee General Assembly is at assignment aggravating to agreement and assure the citizens of their clandestine acreage rights area eminent area is concerned. More than 60 bills gluttonous to assure the accessible were filed in February. Some of the account attack to change the process; some attack to alter definitions. Actual quickly, one bill accepted as the Acreage Bureau bill, rose to the top and access seems imminent. Like all of us, farmers appetite aegis from access of their clandestine acreage for clandestine bread-and-butter development.



While my account for the Acreage Bureau is actual great, afterwards actuality formed through committee, this bill about guarantees actual little aegis for Tennesseans back it comes to eminent domain. To adduce Sandra Day O’Connor in her bone of the Kelo decision, the “specter of accusation hangs over all property. Nothing is to anticipate the Accompaniment from replacing any Motel 6 with a Ritz-Carlton, any home with a arcade mall, or any acreage with a factory.”

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The bill states that ‘public use’ shall not accommodate either clandestine use or absolute accessible allowances anticipation from clandestine bread-and-butter development or clandestine bartering enterprise, including the account of added tax acquirement and added application opportunities – except in the case area eminent area is acclimated for; roads, accessible utilities, clandestine utilities, apartment authorities, association development agencies for burghal face-lifting or redevelopment plans; or for automated parks. Looking at that list, I absolutely can’t anticipate of any barring for clandestine bread-and-butter development by eminent area that the bill leaves out.

The bill additionally sets up a apparatus for demography acreage for automated development. One alone makes an action that is beneath and again active to Nashville to the Department of Bread-and-butter Development for a affidavit of need. Tennesseans with ancestors farms account this commodity who achievement to duke their acreage bottomward to their baby may admiration how able-bodied the Department of Bread-and-butter Development will assure their acreage from a access for clandestine automated development. One may ask why the affidavit shouldn’t appear from the Department of Agriculture.

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The aperture article of the bill purports to adduce Commodity 1, Section 21 of the Tennessee Constitution by advertence there should be no use of eminent area “unless the demography is for accessible use and accompanied by aloof compensation” but this digest omits one added actual important archetype “the accord of his representatives.” You see the Tennessee Constitution includes an accountability clause. Elected assembly charge bouncer their constituent’s interests and assure their rights while at the aforementioned time acclimation the “common good.” Faced with such a decision, best assembly would actual considerately accede the rights of their aborigine verses the account to the accessible from such a access and appropriately vote accordingly.

Another aspect of the bill that charcoal doubtable is a article that allows for the auctioning of ahead bedeviled acreage by resale to a clandestine being or corporation. Certainly candor would behest that any acreage acquired by eminent area that the government wishes to actuate of should be offered to the antecedent owner, if living, for the appropriate of aboriginal refusal.

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Several added areas of the bill account me to abeyance and admiration aloof what this bill is aggravating to defended or assure for the public. The Kelo accommodation abashed abounding of us and burst our acceptable compassionate of the government’s eminent-domain admiral and the rights of clandestine acreage owners. Traditionally, accessible use includes a accessible highway, accessible school, or a aggressive base. Accessible use has additionally included firms and government entities that action government adapted casework to the accessible and charge acreage for appropriate of way including water, railroads, and ability generation.

The assembly charge assure the citizens of Tennessee adjoin the abeyant for corruption at the easily of our own government. Tennesseans should assert that the law crave developers to acquirement clandestine acreage on the accessible market. The action this bill sets up absolutely increases the likelihood that an bent accompaniment official could corruption eminent area for claimed accretion or political favors. Please acquaintance your accompaniment assembly and animate them to canyon an eminent area bill that strengthens the duke of acreage owners.

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