Bouldin & Bouldin, PLCAttentive. Accessible. Experienced.2026-09-11T18:10:16Zhttps://www.bouldinplc.com/feed/atom/WordPress/wp-content/uploads/sites/1302171/2021/05/cropped-favicon-1-32x32.pngOn Behalf of Bouldin & Bouldin, PLC<![CDATA[How to appeal a zoning board decision in Tennessee]]>https://www.bouldinplc.com/?p=468372026-09-11T18:10:16Z2026-09-11T18:10:16ZWhat qualifies as a basis for appeal
Tennessee courts usually give zoning board decisions some deference. In many cases, a court will look at whether the board acted within its authority and followed the law. Possible grounds for appeal may include:
Lack of substantial evidence supporting the board’s findings
Procedural problems during the hearing, such as improper notice
Conflicts of interest among board members that affected the proceeding
Clear abuse of discretion in the board’s factual findings
The court often relies on the record made before the board, so it is important to build a complete record at the hearing.
How the filing process works
Tennessee law requires a party seeking review of a zoning board decision to file a petition within a specific deadline. Depending on the type of board and the applicable statute, that petition may be filed in chancery or circuit court. Missing the deadline can result in losing the right to challenge the decision. The party seeking review is usually responsible for making sure the administrative record reaches the court.
In many cases, the court reviews the matter based on the record from the board hearing. New evidence may not be allowed at the appeal stage.
The role of an attorney in a zoning appeal
Zoning appeals often depend on deadlines, the record and the review standard. A lawyer who handles administrative cases can help identify possible errors and protect the right to seek review. Getting legal help early can make the process easier to manage.
]]>On Behalf of Bouldin & Bouldin, PLC<![CDATA[Challenging excess condemnation in Tennessee]]>https://www.bouldinplc.com/?p=468362026-09-01T00:03:01Z2026-09-01T00:03:01ZWhat is excess condemnation?
Under the Tennessee law, the government's authority to seize private property is bounded by two requirements. The property must be taken for a genuine public purpose, and the amount taken must be reasonably necessary to complete that purpose. Excess condemnation occurs when a condemning entity such as the Tennessee Department of Transportation seeks to condemn land that falls outside the actual footprint of the planned project and its reasonable buffers. Common examples include:
Seizing an entire commercial parcel when a road widening project requires only a narrow strip along the front boundary
Condemning extra acreage for unspecified future government use or speculative resale
Acquiring surplus property to avoid paying severance damages on a partial taking
Each of these scenarios may give a property owner grounds to challenge the scope of the taking in court.
The legal standard for challenging necessity
Tennessee courts generally defer to condemning authorities on the location and scope of public works, but that deference has limits. A property owner can challenge an excess taking by showing the government acted arbitrarily or without a rational basis, acted in bad faith or for an improper purpose such as acquiring commercial real estate for non-public development, or exceeded the precise powers granted by state enabling statutes. Raising these defenses requires a timely response before the court enters an order of possession.
Possible outcomes
A successful challenge can result in dismissal or reduction of the taking, with the court ordering the government to limit its acquisition to what is strictly necessary. A property owner may also recover attorney fees, appraisal costs, and litigation expenses if the condemnation is dismissed or abandoned. In many cases, documented evidence of excess taking brings the condemning authority back to negotiate revised boundaries and adjusted compensation.
If you believe a government agency is seeking more of your property than a project requires, an eminent domain attorney in Tennessee can evaluate the taking and help you respond within the required legal timeframe.]]>On Behalf of Bouldin & Bouldin, PLC<![CDATA[3 things Tennessee landowners should know about utility easements]]>https://www.bouldinplc.com/?p=468352026-08-10T09:25:53Z2026-08-10T09:20:08Zface restrictions on how you use specific areas.
Understanding utility easements
Tennessee utility easement laws limit how utility companies can use private land. They must follow specific rules in the event they want to gain access to install, inspect, maintain or repair utility infrastructure on your land. These easements are common across the state and understanding them can help you avoid problems.
Here are three key things to know about government utility easements:
Utility easements are recorded in public land records: Check your deed, subdivision plat or county land records for any easements affecting your property. Reviewing these records before starting construction or landscaping projects can help you avoid problems in terms of building over a restricted area.
Utility easements give limited rights to utility companies: An easement allows providers to use part of your land for specific purposes. You still own the land.
Utility easements can affect how you use your property: An easement can limit where you build structures or make improvements.
Government agencies and approved utility companies may get utility easements through eminent domain. They must show that the easement serves a public purpose. Utility providers may enter the easement area to install, inspect, maintain or repair utility systems as allowed by the easement.
Plan ahead for utility easements
If you plan to build, remodel or sell your property, taking utility easements into account is essential. You can avoid unexpected problems and make informed decisions by understanding how these easements affect your rights. Knowing how these work can help you better protect your property rights.]]>On Behalf of Bouldin & Bouldin, PLC<![CDATA[Can a road project affect more than the land it takes?]]>https://www.bouldinplc.com/?p=468322026-07-23T13:26:02Z2026-07-22T18:17:24ZWhy a partial acquisition can have a bigger impact
A project may require only a narrow strip of land, but it can still change how the remaining property functions. A new road layout might reduce parking, move a driveway or limit direct access to the property. It may also affect how easily customers reach or see a business. A farm reliant on the use of heavy equipment might now have more restrictive access.
Those changes may affect how the property is used every day. That is why the impact often extends beyond the land itself.
Why the remaining property still matters
Under Tennessee law, compensation may include more than the value of the land that is acquired. In some situations, the project may reduce the value of the property that remains. This is commonly known as severance damages.
Every property is different. The overall damage depends on how the project changes the remaining land.
How is property value determined?
The government generally relies on an appraisal to estimate fair market value. That appraisal may consider the property's location, its highest and best use, and other market factors. Property owners may also compare that valuation with their own understanding of the property's value before deciding how to respond.
If the parties disagree about compensation, Tennessee law provides a legal process for resolving that dispute.
Road projects often change more than the amount of land shown on a survey map. Looking at how the remaining property may be affected can provide a clearer picture of the project's overall impact.]]>On Behalf of Bouldin & Bouldin, PLC<![CDATA[How to challenge the state’s valuation of property in Tennessee?]]>https://www.bouldinplc.com/?p=468312026-07-08T11:35:25Z2026-07-08T11:34:33ZWhen the State of Tennessee seeks private property through eminent domain, the valuation attached to that taking might carry real financial consequences. Property owners do not have to accept the first number presented. Tennessee law requires just compensation and that standard demands a fair review of the property’s actual value.
What does the state’s valuation really represent?
The state’s valuation usually begins with an appraisal and a purchase offer. That figure may appear firm, but it is not always complete. In many cases, the initial assessment may miss favorable market data, undervalue the property’s best use or fail to capture damage to the remainder of the property after a partial taking.
How can owners challenge the evaluation?
Property owners should begin with a careful review of the appraisal, the legal description and the basis for the offer. An independent appraiser with eminent domain experience can identify flaws in the state’s analysis.
Legal counsel can use that evidence to negotiate a higher amount or present the dispute in court if settlement fails. Common pieces of evidence include:
Independent appraisal: A well-supported appraisal can expose errors in the state’s methods and provide a stronger conclusion of value.
Comparable sales data: Sales from similar properties in the same market often reveal whether the offer falls short.
Leases, income records and development evidence: These records help show present value and future potential, especially for commercial real estate.
Construction costs, upgrades and land features: These elements may affect value more than the state admits.
Strong evidence often changes the tone of negotiations. It gives owners leverage and helps build a credible claim for full compensation.
Why does acting quickly matter?
Time shapes the outcome in eminent domain disputes. Early review preserves options, sharpens strategy and prevents costly mistakes. With prompt legal guidance, Tennessee property owners can challenge a low valuation and pursue the compensation the law requires.]]>On Behalf of Bouldin & Bouldin, PLC<![CDATA[3 reasons eminent domain compensation could be too low]]>https://www.bouldinplc.com/?p=468292026-06-30T00:05:09Z2026-06-30T00:05:09Z1. Significant interior renovations
When property owners remodel the bathroom, finish a basement or make other significant property improvements, those changes can substantially increase the fair market value of the property. The party pursuing condemnation is likely unaware of the improvements to the interior of the space, making documentation necessary to secure a fair offer.
2. Fluctuating local markets
Factors ranging from reports on school performance to high-profile crimes can have a profound, short-term negative impact on property values. In some cases, the condemnation process occurs during a temporary downturn in market values. Property owners may need help showing that current sale prices for comparable properties are not a reasonable representation of what properties are worth.
3. Hidden resources
Real property owners may have mineral and water rights related to the land they own. In some cases, those resources can be valuable and may even be a source of revenue.
Property owners seeking to challenge the amount offered for an eminent domain property sale may need support to understand and utilize their rights. Working with an attorney can make it easier to estimate an appropriate value for real property and counter the sale price offered during formal condemnation proceedings.]]>On Behalf of Bouldin & Bouldin, PLC<![CDATA[What is a temporary construction easement?]]>https://www.bouldinplc.com/?p=468282026-06-17T14:46:13Z2026-06-17T14:46:13ZBusiness owners need to be able to use their property in the way they intended and the way that’s allowable under applicable laws and zoning. One thing that some business owners may not think about is what happens if there’s construction near the business.
In some cases, a temporary construction easement may become necessary when construction is occurring near the business. This may seem like a minor inconvenience, but there’s a chance that it could have a significant impact on the daily operations of the business. Access to the property, parking and customer flow can all suffer.
What should business owners know about temporary construction easements?
A temporary construction easement is only for a defined period, which should be clearly stated. The easement should also describe where workers can enter, what equipment can be stored on the property and what type of restoration will be done after the project concludes. In some temporary construction easements, the property owner may receive compensation, so this should be in the documentation if it’s part of the situation. It’s important for business owners to fully understand the scope of the project so they can plan for the ways that it will affect the business. This can sometimes become a logistical nightmare. Staging areas, utility work, graded surfaces, fencing and changes to traffic patterns are some of the challenges that may occur. Determining exactly what the documentation for a temporary construction easement means can be challenging. Because these easements can have such a major impact on the business, the business owner may opt to have someone review the easement to determine their rights and responsibilities throughout the process.
]]>On Behalf of Bouldin & Bouldin, PLC<![CDATA[Who absorbs the costs of a construction delay?]]>https://www.bouldinplc.com/?p=468272026-05-30T14:08:38Z2026-05-30T14:08:38ZProfessionals and businesses could be liable
Liability for construction delay expenses depends on many factors. The specific wording of the contract and any promises regarding the estimated completion date are important to consider. Many contracts include language that limits liability for reasonable delays.
The underlying reason for the delay is another key detail. If the construction company or professional could have prevented or at least limited the delay but failed to do so, there could be a degree of liability there. The promptness with which they communicate the issue to the property owner is another factor to consider.
Businesses and their commercial insurance policies can sometimes help offset some of the losses generated by major construction delays, but legal action may be necessary to obtain compensation for lost revenue or alternative housing expenses caused by delays. Reviewing communication records and contracts with a construction litigation attorney can help frustrated property owners understand their options accordingly.]]>On Behalf of Bouldin & Bouldin, PLC<![CDATA[How long do you have to challenge an eminent domain taking?]]>https://www.bouldinplc.com/?p=468262026-05-21T19:02:04Z2026-05-21T19:02:04ZWhen the state or local authority moves to seize your property through eminent domain, you don’t have to stand by and watch it happen. Tennessee law gives property owners the right to challenge the taking or the compensation offered.
Most property owners think they have plenty of time to respond, which is not the case. Eminent domain cases move quickly, and missing a critical deadline can significantly limit your legal options. Here’s more on this.
When does the clock start ticking?
In Tennessee, the eminent domain process typically begins when the condemning authority files a petition in court. Once that petition is filed and you're served with notice, you generally have 30 days to file a response or raise objections to the taking itself.Think of it as your opportunity to challenge whether the government has the legal right to take your property at all. If you miss that window, courts may treat your silence as acceptance of the taking, leaving you to fight only over compensation rather than the validity of the seizure itself.
What about challenging the compensation offered?
Even if you don’t contest the government’s right to take your property, you can challenge the amount of compensation offered. Under eminent domain law, you are entitled to just compensation, which is intended to reflect fair market value. As such, you can dispute the government's initial appraisal if you believe it falls short.The timeline here is more flexible, but delays still carry risk. Market data becomes stale, comparable sales lose relevance, and key witnesses like appraisers and engineers may become harder to locate or less effective over time.
Don’t let deadlines cost you your rights
An eminent domain taking can feel overwhelming, but the law provides important protections for property owners. Professional legal guidance in such situations can help you evaluate whether the taking is lawful, challenge an inadequate offer and ensure every deadline is met so your property rights get the full defense they deserve.]]>On Behalf of Bouldin & Bouldin, PLC<![CDATA[Real estate title defects when property changes hands]]>https://www.bouldinplc.com/?p=468242026-05-12T15:55:00Z2026-05-12T15:55:00ZDuring a real estate transaction, it is important for there to be a clean title. Certain title defects can require clearing prior to that transaction, perhaps extending the amount of time it takes before things are finalized.
This is even true during eminent domain cases. For instance, one common title defect is when there is a claim of ownership from another party. Two people may simultaneously own the same property, such as if they purchased it together or inherited it jointly. Both have a valid ownership claim. In an eminent domain case, this can make the situation more complex. The government is going to take the property and pay just compensation to the owner. But who is the legal owner of that property? Who has a right to this fair market compensation? Who needs to be involved in negotiations?
What are some other title defects?
Joint claims of ownership are just one type of title defect, but other issues include:
Liens against the property, such as a tax lien or a mechanic’s lien
Incorrect filing procedures with property ownership paperwork
Inconsistencies in wording between documents, such as the deed and the title
Financial judgments against the property or unpaid loans, such as a mortgage loan
That does not mean that eminent domain is impossible just because title defects exist. But it certainly does add a level of complication to the process and may make it take longer for just compensation to be paid to the owner. As such, it is important to understand exactly what legal steps to take to rectify the situation.
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