Eminent domain law is complicated—and often controversial. Everyone wants better roads, more utilities, and stronger infrastructure. But no one wants to lose their land, even if the government promises “just compensation.” So what does eminent domain really mean for you as a Tennessee landowner?
The Basics: What Is Eminent Domain?
Eminent domain gives the government (and sometimes private companies with legislative approval) the power to take private land for a “public use”—but only if they pay you just compensation. If you don’t receive fair payment, that’s called a “taking,” and you have legal rights to challenge it.
- What counts as public use?
- What is just compensation?
- What can you do if you don’t agree with the offer?
Eminent Domain Defined: State and Federal Law
- Tennessee Constitution: “No man’s particular services shall be demanded, or property taken… without just compensation being made therefore.” (Tenn. Const. art. 1, § 21)
- U.S. Constitution: “Nor shall private property be taken for public use, without just compensation.” (Fifth Amendment)
- Legal Definition: “Eminent domain is the right of the people or government to take private property for public use.” (Black’s Law Dictionary)
- Practical Reality: The government (or, in some cases, a utility company) can take your land if it’s for a public purpose, as long as they pay you.
What Is “Public Use”?
Public use covers a wide range of projects—roads, power lines, sewers, and more. For example, Tennessee used eminent domain to build the I-840 loop, which cut through historic farms in Williamson County. Landowners often feel the compensation doesn’t match what they’ve lost.
What Counts as “Just Compensation”?
Just compensation means the amount the government thinks is “reasonable,” usually based on an appraisal. But “reasonable” is vague, and the initial offer may be far less than your land’s true value. You don’t have to accept the first quote. If you believe the offer is too low, you have the right to challenge it.
What Can You Do If You Don’t Agree?
If you think the government’s offer is unfair, hire a property attorney. Your lawyer can bring your case to court or mediation, using real estate experts to argue for a higher value. Don’t wait—timing matters.
What If My Land Was Damaged (But Not Taken)?
If a government project damages your land (like flooding from a new road or utility line), you can file an “inverse condemnation” claim. You must act within one year of discovering the permanent damage.
The Bottom Line
Eminent domain is powerful, but you have rights. If the government approaches you to buy your land—or if your property suffers damage—don’t face it alone. Get legal advice, know your options, and make sure you receive fair compensation.
Keep reading
→ BLOG: Pros and Cons of an HOA in Tennessee
→ BLOG: Is your property an attractive nuisance?
