12-1-202 - Definitions.
12-1-202. Definitions.
As used in this part, unless the context otherwise requires:
(1) Government action does not include:
(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.
[Acts 1994, ch. 924, § 3.]