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

(1) “Government action” does not include:

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Terms Used In Tennessee Code 12-1-202

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Private property: means real property, or improvements to real property, not owned by the federal government or a state agency. See Tennessee Code 12-1-202
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Statute: A law passed by a legislature.
  • taking: means the taking of private property by government action such that compensation to the owner of that property is required by either:
    (A) The fifth or fourteenth Amendment to the . See Tennessee Code 12-1-202
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(A) The formal exercise of the power of eminent domain;
(B) The forfeiture or seizure of private property by law enforcement agencies as evidence of a crime or for violations of law;
(C) Orders issued by a state agency or court of law that result from a violation of law and that are authorized by statute; or
(D) 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:

(A) The fifth or fourteenth Amendment to the Constitution of the United States; or
(B) The Constitution of Tennessee, Art. 1, § 21.
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