If you are reading this, you likely know that eminent domain is a powerful tool that allows the government to take private property for public use, provided the property owner receives just compensation.
In Tennessee, the power of eminent domain is often used to address blighted properties that the government claims pose a threat to public health and safety. If you have heard rumors that your neighborhood or property is blighted and fear eminent domain proceedings, here is what you should know.
Elements of blight
Blight is defined by several key factors that indicate a property’s state of disrepair and its negative impact on the community. These factors include:
- Structural deterioration: Buildings in poor condition with significant damage or decay.
- Vacancy: Properties that have been abandoned and are not being used.
- Environmental hazards: Properties posing health risks due to contamination or unsafe conditions.
- Economic impact: Properties negatively affect the economic vitality of the surrounding area.
These elements help determine whether a property is considered blighted and eligible for eminent domain action.
Refuting claims of blight
Property owners can challenge the use of eminent domain by disproving the elements of blight. Here are some strategies to consider:
- Demonstrating that the property is not in significant disrepair or that necessary repairs have been made may disprove structural deterioration.
- Providing evidence that the property is not abandoned and is actively used or maintained can help disprove claims of vacancy.
- Showing that the property poses no health risks can challenge the assertion of environmental hazards.
- Demonstrating positive contributions to the economy can help to disprove the negative economic impact element.
Standing up to the government can seem daunting, but with knowledgeable legal representation, your chances of success may increase substantially.