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HB 1285

Tennessee Emergency Management Agency (TEMA) - As introduced, prohibits the use of the power of eminent domain over real property in an expedited manner during a declared emergency. - Amends TCA Title 29, Chapter 16; Title 29, Chapter 17; Title 54 and Title 58, Chapter 2.

114th Regular Session (2025-2026) Introduced by Timothy Hill

HB 1285 bars Tennessee from using expedited eminent domain to seize private property during emergencies, requiring standard legal due process even in crisis situations.

Sponsor(s) Added.
#tennesseeemergencymanagementagency(tema)
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Bill Summary · HB 1285

Legislative bill overview

HB 1285 would prohibit Tennessee government agencies from using expedited eminent domain procedures to seize private property during declared emergencies. The bill modifies multiple sections of Tennessee code governing emergency management and property seizure authority, requiring normal legal processes even when emergency conditions exist.

Why is this important

Eminent domain—government's power to take private property for public use—becomes particularly concerning during emergencies when normal judicial oversight might be bypassed. This bill protects property owners from rapid, potentially inadequately-reviewed seizures while still allowing legitimate emergency responses through standard legal channels, which take longer but provide due process protections.

Potential points of contention

  • Emergency response speed: Critics may argue that prohibiting expedited seizures could delay critical emergency actions (hospital expansions, evacuation routes, temporary shelters) when rapid property access is genuinely needed for public safety
  • Defining "expedited" vs. "normal": The bill's effectiveness depends on whether standard legal processes are actually fast enough for real emergencies, and whether the distinction between expedited and normal timelines is clearly defined
  • Scope of application: Unclear whether restrictions apply equally to all property types and emergency scenarios, or if certain critical situations (natural disasters, public health crises) might warrant different treatment

Compiled from official sources — confirm details with the bill’s official record.

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