Tennessee Code Annotated

Title 12: Public Property, Printing and Contracts

Chapter 1: Acquisition of Property

Part 2: Government Taking of Private Property

TCA 12-1-202: Definitions.

As used in this part, unless the context otherwise requires:

     (1)  "Government action" does not include:

          (A)  The formal exercise of the power of eminent domain;

          (B)  The forfeiture or seizure of private property by law enforcement agencies as evidence of a crime or for violations of law;

          (C)  Orders issued by a state agency or court of law that result from a violation of law and that are authorized by statute; or

          (D)  The discontinuation of government programs;

     (2)  "Private property" means real property, or improvements to real property, not owned by the federal government or a state agency; and

     (3)  "Unconstitutional taking" or "taking" means the taking of private property by government action such that compensation to the owner of that property is required by either:

          (A)  The fifth or fourteenth amendment to the Constitution of the United States; or

          (B)  The Constitution of Tennessee, Art. 1, § 21.

History: [Acts 1994, ch. 924, § 3.]