VITAL POLICY – OPINION – Jefferson City Government Takes Swipe at Using Eminent Domain for Non-Essential Property Taking

Tennova Hospital Property Targeted

What can a small city government do to place itself in the same category as a socialist city like San Francisco or Chicago? It can threaten to use eminent domain to forcefully take private property from its rightful owner for a non-essential purpose.

In the case of Jefferson City, Tennessee, it recently made a failed attempt at doing exactly that, considering the forceful taking of private property for a municipal recreational area.

Eminent domain is the process by which governments take private property, a provision of the U.S. Constitution that limits takings to “public use” and requires “just compensation.” Traditionally, governments take property for essential infrastructure such as roads, sidewalks, public water supplies, and power lines. Unfortunately, eminent domain can also be used by the government to take property for non-essential things. Herein lies the issue of Jefferson City’s attempted acquisition of property belonging to Tennova Jefferson Memorial Hospital.

In the future, Jefferson City would be well advised to think twice about biting the hand that feeds it or to slap the face of a major employer. Jefferson County and Jefferson City are lucky to have a community hospital with a 4-Star rating, something afforded to few other counties in Tennessee, add the profound economic impact of Tennova Jefferson Memorial Hospital, the advanced medical treatment it provides, and the number of senior citizens that depend on the service that it provides.

Both the Jefferson County Republican Party and Empowered Jefferson sharply criticized the proposed property taking. Jefferson County Republican Party Stands Up For Property Rights, Resolution Opposes Eminent Domain For Jefferson City Recreation Facility – Tennessee Conservative (tennesseeconservativenews.com)

(Link to Empowered Jefferson Statement on eminent domain)

A shady tactic, sometimes used by municipal governments, is to quietly threaten the use of eminent domain without actually using it, a way to torture property owners into submission while creating the false perception of a voluntary real estate transfer. This tactic is something to watch for as Jefferson City considers the future development of recreational areas.

For the benefit of Jefferson County and its economic health, let’s hope that Jefferson City has learned its constitutional property rights lesson and will abandon all future taking of private property for non-essential purposes.

David Seal is a retired Jefferson County educator, recognized artist, local businessman, 917 Society Volunteer, and current Chairman of the Jefferson County Republican Party. He has also served Jefferson County as a County Commissioner and is a citizen lobbyist for the people on issues such as eminent domain, property rights, education, and broadband accessibility on the state level.