NASHVILLE, Tenn. (WTVF) — Ever since the pandemic, parks in Tennessee have seen a surge in attendance. So much so, a few new state parks are being considered over the next few years.
But now, a legislator wants to change the way some of that land can be acquired.
"I personally believe for eminent domain, it should typically go where infrastructure and roads and highways such as that," said Rep. Jeremy Faison, R-Cosby, who serves as House Republican Caucus Chair.
Eminent domain gives the state the power to come in and force a landowner to take what the government deems a fair amount for their land, as long as it's for the public good. It's often used to build highways and bridges, but Rep. Faison's new bill makes it to where parks and recreational areas don't count as the public good.
"You can’t take land for public use if it’s for parks," said Faison during the Civil Justice Subcommittee meeting on February 20th.
"We need to side with the side of property owners and their rights," said Rep. Chris Todd, R-Madison County.
Examples of eminent domain for state parks
There have been some notable examples where the state has used eminent domain in order to create a park.
In the 1930s, in order to add the Cades Cove area to the Great Smoky Mountains National Park, the state used eminent domain power to seize property from owners that were unwilling to sell. That land was ultimately donated to the national park and has become one of the most popular destinations.
Close to home, the state partnered with the U.S. army Corps of Engineers in the 1960s to create Long Hunter State Park. The Corps used eminent domain to seize much of the land that is now Percy Priest Lake. The state leased land from the Corps to create Long Hunter State Park.
In both situations, families lost homes and properties. But also in both situations, citizens have enjoyed the use of the land as a result.
Reason for the bill
On Feb. 13, Rep. Faison asked David Seal, a Jefferson County Commissioner, to testify about why this bill would be important. Last year, the city and the local hospital owned by Tennova, got into a dispute over the city trying to use eminent domain to seize land owned by the medical center, to establish a park.
According to an op-ed by Ben Ridder, the CEO of Tennova Jefferson Memorial Hospital,
"Pursuit of this action would threaten our ability to grow to meet the evolving healthcare needs of our community. It was — and still is – essential that we retain some of the land for future growth opportunities," wrote Ridder.
"Jefferson County and I are asking you to impose some common sense checks and balances to place property owners on a more fair playing field with condemners. This bill, if enacted, would accomplish that," said Seal during his testimony.
Rep. Faison is sponsoring another bill that would make the condemner bear the burden of proving why seizing land is for the public good.
What comes next
Rep. Faison's bill on eliminating parks from eminent domain stalled a week in the House Civil Justice Subcommittee, to consider cleaning up some of the technical language. But Faison told NewsChannel 5 his desire is, "to pass this bill next week."
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