Tennessee Code 12-1-203 – Guidelines for avoiding unconstitutional takings
Terms Used In Tennessee Code 12-1-203
- 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
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- 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 attorney general and reporter shall develop and submit to the secretary of state for publication in the Tennessee administrative register guidelines to assist in the identification and evaluation of government actions that may result in unconstitutional taking. The attorney general and reporter shall base the guidelines on current law as articulated by the United States supreme court and the supreme court of Tennessee, and shall update the guidelines at least on an annual basis to take account of changes in the law. Nothing in the guidelines shall be construed either to enlarge or to reduce the scope of private property protection afforded by the constitution of the United States or Tennessee. Furthermore, in reviewing rules in the process of promulgation, the attorney general and reporter shall not approve rules that would effect an unconstitutional taking.