Amends TCA Title 29, Chapter 17.

This bill establishes, in the context of eminent domain, that a condemner bears the burden of proving by a preponderance of the evidence the following:<br /> <br /> (1) The land, real estate, premises, or other property the condemner seeks to acquire is required for a public use;<br /> <br /> (2) The condemner has a plan that reflects a reasonable schedule to complete the public use after the condemner takes ownership of the property;<br /> <br /> (3) The condemner has access to funding to complete the public use; and<br /> <br /> (4) The public use cannot be accomplished by using or acquiring other property with the consent of the owner of the other property without an unreasonable increase in cost or delay.<br /> <br /> This bill establishes that, when a condemner approves the use of eminent domain, the property owner has a right to have a court of competent jurisdiction determine if the taking is necessary to accomplish the public use. This bill authorizes the property owner to raise the required determination of necessity as a defense in an answer filed in a condemnation proceedings or in a separate cause of action.<br /> <br /> This bill does not apply to condemnation actions for projects or uses regarding streets, highways, roads, bridges, transportation, utilities, utility water, public water projects, sewer, and electricity.<br /> <br /> ON MARCH 7, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2119, AS AMENDED.<br /> <br /> AMENDMENT #1 revises (4) in the summary to, instead, provide that a condemner bears the burden of proving by a preponderance of the evidence that the public use cannot be accomplished by using or acquiring other property within the vicinity of the condemned property with the consent of the owner of the other property without an unreasonable increase in cost, delay, or a reduction in the effectiveness of the property.<br /> <br /> ON MARCH 25, 2024, THE SENATE SUBSTITUTED HOUSE BILL 2119 FOR SENATE BILL 1983, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 2119, AS AMENDED.<br /> <br /> AMENDMENT #1 clarifies that when the bill provides that it does not apply to condemnation actions for projects or uses regarding utilities, "utilities" includes, but is not limited to, gas and natural gas utilities.<br />