Prior to 2010, most lawyers believed that the Tennessee recognized claims for just compensation for the regulatory and temporary taking of property based on the application of a state or municipal regulation if that regulation deprived its owner the beneficial value of the property. However, in 2010, the Tennessee Supreme Court definitively stated that it had not yet recognized this cause of action, but would consider it under the proper case. Now, in a unanimous decision, the Tennessee Supreme Court has declared that regulatory takings claims may be brought in state court pursuant to Article I, Section 21 of the Tennessee State Constitution.
See the opinion here.
Frantz, McConnell & Seymour, LLP offers legal services in virtually every area of civil and business law representing clients throughout East Tennessee.
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