A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to require a supermajority vote of the Metropolitan Council when exercising the power of eminent domain.

WHEREAS, pursuant to §2.01 of the Metropolitan Charter, the Metropolitan Council has the power to condemn real property within the area of the Metropolitan Government for any public purpose in accordance with the provisions of T.C.A. §29-16-101, et seq.; and

WHEREAS, in a like manner, T.C.A. §5-1-119 authorizes county legislative bodies to condemn property by resolution for present or future public use in accordance with the provisions of T.C.A. title 29, chapter 26; and

WHEREAS, there is currently no state statutory provision that would expressly allow the Metropolitan Government to require a supermajority to condemn property; and

WHEREAS, the Tennessee Supreme Court has held that the power of eminent domain is to be strictly construed, and the procedure prescribed by state statute must be followed; and

WHEREAS, in a 5-4 decision, the United States Supreme Court recently held that local governments may acquire private property through the power of eminent domain for private economic development to eliminate blight; and

WHEREAS, in an effort to protect the property rights of the citizens of Nashville and Davidson County, it is fitting and proper that the Metropolitan Government be allowed to require a supermajority vote of the Council when acquiring property by condemnation.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to require a supermajority vote of the Metropolitan Council when exercising the power of eminent domain.

Section 2. That the Metropolitan Clerk is directed to send a certified copy of this Resolution to each member of the Davidson County Delegation to the General Assembly.

Section 3. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jamie Isabel, Vivian Wilhoite