TCA defines Blighted areas and dilapidation in 13-20-201 as:
"Blighted areas" are areas, including slum areas, with buildings or improvements that, by reason of dilapidation, obsolescence, overcrowding, lack of ventilation, light and sanitary facilities, deleterious land use, or any combination of these or other factors, are detrimental to the safety, health, morals, or welfare of the community. "Welfare of the community" does not include solely a loss of property value to surrounding properties, nor does it include the need for increased tax revenues. Under no circumstance shall land used predominantly in the production of agriculture, as defined by � 1-3-105, be considered a blighted area.
About the only thing that one can do to try to help prevent an eminent domain takeover of a neighborhood is to make sure to keep abreast and informed of any proposed changes and/or developments within the community.
If you are already a homeowner, your first step needs to be sure that you join and are a part of your local neighborhood association.
If you're planning a move into a new neighborhood, make sure to check and see what kind of development plan is already in place beforehand.
Most folks do realize that in order to improve one's city that there can and will always be a need for eminent domain, but I also think that it is unconscionable to take away the property rights of one individual for the monetary gain of another and especially under the guise of a property being defined as "Blighted."
- References:
- Tennessee Eminent Domain Law
- State of Tennessee
- Tennessee Legislators
- Eminent Domain Step by Step (from UT)
- The Eminent Domain Revolt: Changing Perceptions in a New Constitutional Epoch -Book (compare prices)
