By Deborah Turner

 
At least 29 bills have been filed by Tennessee lawmakers in the wake of a U.S. Supreme Court ruling last summer that reinforce governments' broad powers to take private property to build projects touted as having greater economic clout, wrote The Tennessean.

Other bills on the sensitive subject are likely to be filed at the State Capitol in the next few days, suggesting that a lively debate may be brewing over how and why government can seize your property and turn it over to private developers interested in building something else on it, said the Tennessean.

Eminent domain is a long-held right of the government under U.S. and state law to take private land for a "public purpose." The original landowner must be paid fair compensation. Generally, Tennessee law gives such powers to state and city governments, counties and other entities authorized to build a railroad, canal, toll bridge, road and other public improvements.

Development of the proposed 1,000-acre watershed lake in the Leach Community may rely on use of the eminent domain to purchase the necessary land to construct the lake, dam, and public use areas. A recent appraisal of the affected property indicates an approximate value of $1,000 per acre will be paid to landowners. Some of the proposed legislation would preclude private entities from profiting from the land obtained through eminent domain. While the Watershed Authority is a public entity, any subcontractors, such as concessionaires, could be adversely affected by the proposed legislation.

Tennessee House Bill 2483 and Senate Bill 2413 clarifies that the taking of land by eminent domain solely for the purpose of improving tax revenue, increasing tax base or economic development is not a legitimate "public use" within meaning of Article 1, § 21 of Tennessee Constitution and provides cause of action to challenge a proposed taking in such cases. - Amends TCA Title 29.

The power of eminent domain allows an entity to take ownership and possession of private property for public use upon payment of just compensation to the private property owner. Generally, present law delegates the power of eminent domain to the state, the cities and counties of the state, any person or corporation authorized by law to construct any railroad, turnpike, canal, toll bridge, road, causeway, or other work of internal improvement, and other specified entities such as telephone companies and watershed districts.

This bill specifies that the exercise of eminent domain by a governmental entity or any other entity with such power does not constitute an authorized public use where the purpose of taking private property is solely or principally for improving the tax revenue or tax base of the condemning authority or for economic development. This bill prohibits the exercise of eminent domain for the purpose of selling, leasing, otherwise transferring, or allowing the use of private property to a private developer, corporation, or other private entity solely or principally for the purposes of revenue building or economic development.

Legislators will have to find a balance between projects supposed by the electorate, such as the Carroll County Lake, and those projects designed to solely benefit a few. Voters in Carroll County approved the addition of a $10 wheel tax in 1999 to pay the local share of the lake's development. The project was estimated to cost $10 million.

The national debate hit close to home with the awarding of farmland to the Weakley County Municipal Electric System (WCMES).

WCMES won its court petition to condemn property along State Route 22 to construct a new headquarters. The property owned by Iva C. Adams, located between Dresden and Martin, was condemned under the eminent domain laws of the State of Tennessee, during a lengthy Weakley County court hearing.

After hearing evidence and testimony presented during a 2-1/2 hour-long hearing, Circuit Court Judge Bill Acree rendered his decision. He stated the court finds that the petitioner, WCMES, has the authority to take possession of the property in question. However, Judge Acree ruled that the price to be paid for the land is to be determined by the court at a later date. This issue of price may be resolved by a jury trial. In the meantime, the Adams family has 30 days in which to appeal the judge's decision or negotiate a settlement.

WCMES filed the original petition under the imminent domain statute, which allows public governmental entities, such as electric companies, to seize land for public use, on September 26, 2005. However, the petition was later amended from condemning 66 acres, to a total of 29.339 acres for a price of $88,905.97, which was the estimated land value of the property based on a market analysis.

"Many of you have expressed concern about eminent domain. The issue was born by the United States Supreme Court decision (called Kelo) which held that government could take private land so that it might be developed to increase tax revenues," said Mark Maddox, State Representative. "The courts left open the possibility that states could correct the situation legislatively. Many bills, including one of my own, have been filed to correct it in Tennessee. The issue has received greater attention here with the Weakley County Municipal Electric System using eminent domain to obtain space in the center of the county for their physical plant. Legislation cannot affect that case now. We cannot pass a bill to alter a case already decided in a court, but some good suggestions have been made to protect land in the future and I am studying them. One was that the government entity using eminent domain should be required to show a compelling need for a particular tract of land. Your advice is welcomed."

The Weakley County Farm Bureau, in a half-page ad in the February 15 issue of The Dresden Enterprise, said, "All private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded. The specter of condemnation hangs over all property. Nothing is to prevent local governments from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory."

"The Weakley County Farm Bureau Board of Directors is adamantly opposed to the decision of the WCMES Board of Directors to pursue the Adams Farm as the proposed location for their new centralized office.

"The prevailing goal is to end eminent domain abuse on the state and local level. We have high hopes that the new eminent domain bill, which will be presented to the Tennessee Legislature, will lead our state to define ownership rights and protect Tennessee citizens from the unnecessary use of eminent domain."

Under existing law, eminent domain can be invoked for more than 20 specific purposes, including: airports, controlled access highways, drainage ditches, electric plants, gas systems, industrial parks, parks, public transportation systems, public works projects, railroad systems, recreational facilities, schools, sewers, slum clearance, solid waste sites, streets, utilities, and water systems.
 

  

The town of Huntingdon will make application to participate in the Tennessee Courthouse Revitalization Pilot Program and established a Courthouse Square Revitalization Zone following a resolution approved by the Huntingdon Town Council Tuesday, February 14, during regular session, authorizing the application.

The program, signed into law by Governor Phil Bredesen on June 17 last year, authorizes participating county seats to designate an area within their jurisdiction as a "courthouse revitalization zone". An amount equal to any sales and use tax collected in the zone would be distributed to the municipal government for the sole purpose of maintaining the visibility of the zone. Only one county seat from each of the state's grand divisions will be selected to participate in the pilot project. Only counties with a population of less than 120,000 according to the 1990 or subsequent census are eligible to apply.

The zone Huntingdon will submit for approval includes all properties fronting the courthouse square and all properties located within one city block of the square.

The town has already made significant strides in beautification efforts and revitalization of the downtown area with the recent opening of the Dixie Carter performing Arts and Academic Enrichment Center, facelifts to businesses within the court square area made by individual business owners, and enhancements being made through the Streetscape Project.

Public Safety Director Joe Parker was authorized to become a signatory to the West Tennessee Methamphetamine Task Force, an alliance of all agencies involved in investigating and prosecuting meth cases, and to participate in the alliance for the purpose of obtaining resources and funding from the federal government, including training and equipment, sharing of intelligence, and developing policies and protocol to enhance investigations and prosecutions in federal and state courts.

Community Development partners LLC will conduct the administrative work necessary to complete the Local Parks and Recreation Funds grant application on a no-cost basis following the approval of a resolution to that effect.

Also approved was a resolution to hire Gresham Smith & Partners to conduct engineering services necessary to complete the LPRF application pursuant to a presentation made by Kim Hargett, representing the firm at a public hearing held Monday, February 13, in a joint session of the Huntingdon Municipal Regional Planning Commission and Town Council.

The council approved appointments and reappointments to boards and councils as follows: Industrial Board (six-year terms): Gene Mash, new appointment, and reappointments Johnny Radford and Joe Smothers; Planning Commission (three-year terms): reappointments Patricia Coleman and Kenneth Todd; Zoning Appeals (three-year terms): reappointments Gene Burden and Jennifer McMackin; Recreation Advisory Board (three-year terms): Todd Simpson, new appointment; Housing Authority (five-year term): Carl Byars, reappointment; Codes Adjustments (three-year term): Joe Bailey, reappointment; and Beautification Committee (five-year term): Gisela Hodges, reappointment.

In other business the council:

* approved an agreement with J.R. Wauford & Co. for engineering services for the 2005 CDBG (Community Development Block Grant) sewer project;

* accepted the sole bid of $16,280 by Design Sign Co. of Savannah for promotional signage on the east exterior wall of the Dixie Carter performing Arts and Academic Enrichment Center building. Other firms that were contacted but did not bid were Brown Sign of Paris, Elliott Sign and Design of McLemoresville, Charles Hampton's A-1 Signs of Dickson, and Troutman Graphic, Inc. of Paducah;

* postponed a decision regarding the purchase of a piano for The Dixie. Two bids were received: Amro Music of Memphis bid $59,000 for a Model B Steinway and $34,900 for a Boston Model Steinway and Keyboards International of Huntingdon bid $28,615 for a Yamaha C7. Don Cowan of Madison, Tennessee, did not submit a bid;

* was advised of a report from Mid-South Tank Consultants regarding the Norandal Drive water tank. The report indicated a few minor repairs costing an estimated $1,000 were needed at this time and that painting would be necessary in the next five-to-seven years;

* Approved use of Kelley Sports Complex by Innovative Physical Therapy and Fitness on April 8 and April 23 for a speed camp and the use of Veterans Park by Amy Fuller on February 26 and March 5 for a fast pitch softball clinic;

* accepted a proposal from Coca-Cola bottling works after examining proposals by Coke and Pepsi;

* postponed recognition of Larenda Scarbrough for her induction to the West Tennessee United Way Hall of Fame until the February 28 meeting.
 

 

Judy Baker, Carroll County Register of Deeds will retire in September.

"I absolutely love my job. I have been a register for all Carroll Countians. But I feel it's time to do other things," said Judy Baker, register of Deeds for Carroll County. Baker is retiring in September after 29 years as the register.

Baker began her career in the register's office as a clerk typist at the age of 16. Register Billy Barger set the career path of a young lady who he hired because she was a fast, efficient typist. Baker continued to work part time and then full time for Gloria Giles. In 1977, Baker was appointed by the Carroll County Commission to complete one year of the unexpired term of Giles.

"It took 19 ballots. I've still got the ballots," said Baker. Also seeking the appointment were Doug Brandon and Billy Portis.

In 1978, Baker won her first four-year term and adding six more to complete her career in the register of deeds office.

"I've seen changes from the stone age to the space age," said Baker. At first, each deed had to be typed and proofed before it was filed. She recalled one document that was at least 100 pages in length that required one week to type and proof. She said she convinced Giles to purchase a copier to eliminate the typing.

In 1989, the office was computerized. "I knew computers existed," said Baker of her knowledge of computers. She took courses at the Carroll County Vocational School from Betty Byars to learn about the new equipment in the register's office. In 1999, scanners were added to simply scan in any document for electronic filing.

All documents filed since 1989 are in the electronic system and are available to in house or online, said Baker.

Speaking of her replacement, Baker said, "It would be a disaster to elect anyone to a county office with no experience. It takes approximately two years to figure out what's going on. There are still times I encounter things I haven't seen before." In such cases, she seeks the advice of Nashville. Registers from other counties often call Baker for advice.

In closing, Baker said she plans to travel, sell real estate, and play with her four grandchildren, Nick Melton, Destinee Melton, Grace McKenzie Taylor, all of Jackson, and Julia King of Huntingdon.

 
 

TREZEVANT (February 14)- After sustaining monthly losses in the Sanitation Fund, the Trezevant City Council approved a 25 percent increase in residential sanitation rates and a 10 percent increase on dumpsters. The action follows a fuel surcharge by Barker Brothers, the city's contract collection and disposal company. Residents will pay $10 monthly as compared to the $8 old rate.

Owners of unsightly junk and abandoned cars will receive a 30-day notice prior to a stepped-up enforcement campaign to rid the city of the eyesores. Mayor Wayne David Bryant, Jr. recommended the grace period before enforcement of the city's ordinance dealing with wrecked, junked, and abandoned cars. In a unanimous vote, councilmen decided to notify residents through newspaper, mail, and public notices at city hall of their intent to enforce the law. Approximately 123 junk cars are in the town, according to one estimate.

City Attorney Charles Trotter encouraged the city to make photos of the offending vehicles before taking any action against a landowner.

Trotter provided information concerning the implementation of zoning in a city. To establish zoning of industries, commercial, and residential, a comprehensive plan would have to be developed and a board of planning and board of zoning appeals would have to be established. The building inspector would serve as the local codes enforcement officer. The Jackson office of Local Planning Office, a division of Tennessee Economic and Community Development, provides guidance in the planning process. The minimum fee is $4,500 for that service, said Trotter. Councilman took the information under advisement.

H.I.S. property in Trezevant is now in the possession of the city, said Trotter. The city had complied with all regulations concerning slum clearance and the building could be razed at the city's option.

Fire Chief Danny Curtis reported that an electrical circuit breaker continues to "trip", terminating the electrical service to two heaters in the fire department bay in the new shop. The matter will be investigated and corrected with minor rewiring or the addition of a new breaker.

Preceding the meeting, a moment of silence was held in memory of Pat Cole, who reported for The McKenzie Banner. Councilman Jim Moore offered his praise for Pat's coverage of the Trezevant meetings and the coverage of sports of West Carroll schools.