House Bill 444, also known as the "Tennessee Property Rights Protection Act," aims to amend existing laws regarding the definition and acquisition of "blighted property" by housing authorities in Tennessee. The bill replaces the broad definition of "blighted areas" in Tennessee Code Annotated, Section 13-20-201, with a more specific property-by-property definition that protects well-maintained, code-compliant properties from being taken through eminent domain. The new definition specifies that a property can only be deemed "blighted" if it has been cited for enforceable housing, maintenance, or building code violations that affect safety and have not been remedied after two notices to cure. Additionally, the bill clarifies that agricultural land is excluded from this definition.

The legislation also enhances due process for property owners by allowing them a reasonable timeframe to address code violations before their property can be subjected to eminent domain proceedings. It introduces new provisions that grant property owners the right to seek judicial review of any taking by a housing authority to ensure it is for the purpose of remediating blight. Furthermore, the bill allows housing authorities to negotiate property acquisitions without resorting to eminent domain and to pay more than fair market value for non-blighted properties. The amendments aim to balance the need for urban renewal and redevelopment with the protection of private property rights.

Statutes affected:
Introduced: 13-20-201, 13-20-202, 13-20-203, 13-20-202(a)(1), 13-20-209, 13-20-216(a), 13-20-216, 29-17-102