Tennessee Code 12-1-201 – Purpose of part
Current as of: 2023 | Check for updates
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Terms Used In Tennessee Code 12-1-201
- Private property: means real property, or improvements to real property, not owned by the federal government or a state agency. See Tennessee Code 12-1-202
- Property: includes both personal and real property. See Tennessee Code 1-3-105
- State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
- taking: means the taking of private property by government action such that compensation to the owner of that property is required by either:
(A) The fifth or fourteenth amendment to the Constitution of the United States. See Tennessee Code 12-1-202 - United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
The purpose of this part is to provide a mechanism for education of, and consideration by, state agencies and the public regarding what government actions may result in an unconstitutional taking of private property, in order to avoid an unnecessary burden on the public treasury and unwarranted interference with private property rights. It is not the purpose of this part either to enlarge or to reduce the scope of private property protections afforded by the constitution of the United States or Tennessee.