Part Definitions

  1. Law
  2. Tennessee Code
  3. Public Property, Printing and Contracts
  4. Acquisition of Property
  5. Government Taking of Private Property
  6. Part Definitions

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As used in this part, unless the context otherwise requires:

  1. “Government action” does not include:
    1. The formal exercise of the power of eminent domain;
    2. The forfeiture or seizure of private property by law enforcement agencies as evidence of a crime or for violations of law;
    3. Orders issued by a state agency or court of law that result from a violation of law and that are authorized by statute; or
    4. The discontinuation of government programs;
  2. “Private property” means real property, or improvements to real property, not owned by the federal government or a state agency; and
  3. “Unconstitutional taking” or “taking” means the taking of private property by government action such that compensation to the owner of that property is required by either:
    1. The fifth or fourteenth amendment to the Constitution of the United States; or
    2. The Constitution of Tennessee, Art. 1, § 21.


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