Amends TCA Title 29, Chapter 17, Part 1.

This bill changes the definition of "public use" as it pertains to the use of eminent domain by public agencies. Under present law, “public use” does not include either private use or benefit, or the indirect public benefits resulting from private economic development and private commercial enterprise, including increased tax revenue and increased employment opportunity, except as follows:<br /> <br /> (1) The acquisition of any interest in land necessary for a road, highway, bridge, or other structure, facility, or project used for public transportation;<br /> <br /> (2) The acquisition of any interest in land necessary to the function of a public or private utility, a governmental or quasi-governmental utility, a common carrier, or any entity authorized to exercise the power of eminent domain under law governing public utilities and carriers;<br /> <br /> (3) The acquisition of property by a housing authority or community development agency to implement an urban renewal or redevelopment plan in a blighted area or law governing the acquisition of vacant properties; or<br /> <br /> (4) Private use that is merely incidental to a public use, so long as no land is condemned or taken primarily for the purpose of conveying or permitting the incidental private use.<br /> <br /> This bill adds to the present law by clarifying that "public use" also does not include recreational facilities, recreational purposes, or parks, except in cases of (1)-(4) above.<br /> <br /> ON APRIL 10, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1984, AS AMENDED.<br /> <br /> AMENDMENT #1 adds to the bill by providing that "public use" also does not include recreational facilities, recreational purposes, or parks; private use or benefit; or the indirect public benefits resulting from private economic development and private commercial enterprise, including increased tax revenue and increased employment opportunity, except for the acquisition of any interest in land for parks or natural areas by this state, in accordance with the law relevant to natural areas and recreation; brownfield projects; or the redevelopment of brownfield sites.<br /> <br /> As used in this amendment, a "brownfield project" means the screening, investigation, monitoring, control and/or remediation of any abandoned, idled, under-utilized, or other property whose re-use, growth, enhancement or redevelopment is complicated by real or perceived adverse environmental conditions.<br />