(a) A property owner within the area covered by a transit-oriented redevelopment plan may appeal a decision of an authority, or any committee of an authority, regarding a transit-oriented redevelopment project to a legislative appeal board, created under subsection (b).

Terms Used In Tennessee Code 13-20-709

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Ex officio: Literally, by virtue of one's office.
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Quorum: The number of legislators that must be present to do business.
(b)

(1) In any area that is covered by a transit-oriented redevelopment plan, there is created a legislative appeal board that is composed of:

(A) The members of the general assembly, as nonvoting, ex officio members, who represent the districts, in whole or in part, within the area where the transit-oriented redevelopment project is located;
(B) The members of the local legislative bodies, as voting, ex officio members, who represent the districts, in whole or in part, within the area where the transit-oriented redevelopment project is located; and
(C) Two (2) members appointed by the members of the general assembly who are ex officio members of the board.
(2) The terms of the appointed members are coterminous with the terms of the appointing authority’s term. The appointed members serve at the pleasure of the appointing authority.
(3) The members of the legislative appeal board do not receive compensation for their service on the board.
(4) A majority of the members serving on the board constitutes a quorum.
(c) To initiate an appeal under subsection (a), a property owner shall notify the authority and each member of the legislative appeal board of the property owner’s intent to appeal by certified mail, return receipt requested. The notification must contain information identifying the transit-oriented redevelopment project and the specific decision of the authority or committee the property owner is appealing.
(d) Upon notification under subsection (c), the authority shall send copies of any documentation regarding the transit-oriented redevelopment project that is germane to the appeal, including a statement of the reasoning behind the decision under appeal, to each member of the legislative appeal board.
(e) The legislative appeal board shall meet at least once each quarter at a location that is convenient to the members, unless there are no appeals filed in that quarter, in which case the legislative appeal board does not have to meet.
(f) Upon convening under subsection (e), the legislative appeal board may overrule any decision of an authority or committee that is the subject of the appeal, and such decision is binding on the authority or committee.