Tennessee Code, Title 11, Chapter 15,
Protective Easements
11-15-101 Purpose.
11-15-102 Definitions.
11-15-103 Acquisition authorized.
11-15-104 Powers.
11-15-105 Tax assessment.
11-15-106 Limitation of application.
11-15-107 Open space easements - Donation.
11-15-108 Cancellation.
11-15-101. Purpose.
The purpose of this chapter is to authorize and enable public bodies to
acquire interests and rights in real property that is adjacent to or has a
visual, audible, or atmospheric effect on the state's historic, architectural,
archaeological, or cultural resources, or on its natural areas in order to
assist in the attainment of the objectives stated in the findings.
[Acts 1973, ch. 21, § 1; T.C.A., § 11-1801.]
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11-15-102. Definitions.
As used in this chapter, unless the context otherwise requires:
(1) "National Register of Historic Places" or "National Register"
means that listing of the state's historic, archaeological, architectural, cultural,
and environmental resources as nominated by the state liaison officer and which is
kept by the national park service, the United States department of the interior,
pursuant to the National Historic Preservation Act of 1966 (Pub. L. No. 89-665).
Such listing is published in the Federal Register on a regular basis;
(2) "Public body" means the state, counties, municipalities,
metropolitan governments, the historic commission of any state, county, municipal,
or metropolitan government, and park or recreation authorities;
(3) (A) "Scenic easement" means an easement in land which:
(i) Is held for the benefit of the people of Tennessee;
(ii) Is specifically enforceable by its holder or beneficiary; and
(iii) Limits or obligates the holder of servient estate, the holder's
heirs, and assigns with respect to their use and management of the land and activities
conducted thereon, the object of such limitations and obligations being the maintenance
or enhancement of the present condition, use, or natural beauty of the land in
question or the protection and preservation of historic, architectural,
archaeological, or cultural resources, or natural areas affected by the land in question.
(B) "Scenic easement" also means an easement of view over the
facade, or restrictions on the use of a structure included in the National
Register or Tennessee Register whereby the external appearance of the structure is
preserved by the sale, donation, or other surrender by the owner of the easement to
a public body either:
(i) In fee simple;
(ii) For the owner's life or the life of another; or
(iii) For a term of years; and
(4) "Tennessee Register of Historic Places" or "Tennessee Register"
means that listing of districts, sites, buildings, structures, and objects significant
in Tennessee history, architecture, archaeology, and culture kept by the Tennessee
historical commission pursuant to title 4, chapter 11, part 2.
[Acts 1973, ch. 21, § 2; impl. am. Acts 1975, ch. 143, § 1; 1976, ch. 730, §§ 2, 3; T.C.A., § 11-1802.]
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11-15-103. Acquisition authorized.
In order to carry out the purposes of this chapter, the state of Tennessee,
acting through any of its departments, agencies, or institutions, subject, in
the case of the state, to the approval of the state building commission or any
other public body, may acquire interests in real property in the form of scenic
easements. Acquisition of interests in land or in structures (scenic easements)
may be by donation, purchase with donated or appropriated funds or otherwise,
but not by exercise of the power of eminent domain. However, no interests in
land or in structures (scenic easement) may be acquired except to assist in
the protection and preservation of those historic, architectural, archaeological
or cultural resources listed in the National Register or Tennessee Register or
those natural areas that are included among the park or recreational lands
administered by the public body. In addition, any public body may designate a
scenic easement in any real property in which it has an interest in order to
provide protection to and assist in the preservation of such listed and designated
resources and areas.
[Acts 1973, ch. 21, § 3; 1976, ch. 730, § 4; T.C.A., § 11-1803.]
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11-15-104. Powers.
A public body has all powers necessary or convenient to carry out the purposes
and provisions of this chapter, including the following powers in addition to
others granted by this chapter, to:
(1) Appropriate or borrow funds and make expenditures necessary to carry out the purposes of this chapter; and
(2) Apply for and accept and utilize grants and any other assistance from the federal government and any other public or private source, give such security as may be required and enter into and carry out contracts or agreements in connection with such grants or assistance.
[Acts 1973, ch. 21, § 4; T.C.A., § 11-1804.]
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11-15-105. Tax assessment.
(a) When a scenic easement is held by a public body for the purposes of this
chapter, the subject real property shall be assessed on the basis of the true
cash value of the property or as otherwise provided by law, less such reduction
in value as may result from the granting of the scenic easements.
(b) (1) The value of the easement interest held by the public body shall
be exempt from property taxation to the same extent as other public property.
(2) If a scenic easement in a structure is held by a public
body for the term of a person's life or a term of years, the exemption shall
apply for the length of the term and no longer.
[Acts 1973, ch. 21, § 5; 1976, ch. 730, § 5; T.C.A., § 11-1805.]
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11-15-106. Limitation of application.
(a) The provisions of §§ 11-15-101 - 11-15-106, insofar as they relate to
easements or interests in structures, shall only apply to counties having a
population of two hundred thousand (200,000) or more according to the 1970
federal census or any subsequent federal census, it being the finding of
the general assembly that redevelopment pressures are greater on historic
structures in heavily urbanized areas.
(b) The provisions of §§ 11-15-101 - 11-15-106, insofar as they relate to
easements or interests in structures, shall apply only to those counties which,
by a majority vote of the governing body of the county, choose to come under
those provisions. Any incorporated municipality which desires to come under
the provisions of §§ 11-15-101 - 11-15-106, insofar as they relate to easements
or interests in structures, may do so separately by a majority vote of its
governing body. In that event, however, only the territory within the corporate
bounds of the municipality shall be affected by the provisions of §§
11-15-101 - 11-15-106 insofar as they relate to easements or interests in structures.
[Acts 1976, ch. 730, §§ 6, 7; T.C.A., § 11-1806.]
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11-15-107. Open space easements - Donation.
(a) Any person owning "open space land" as defined in § 67-5-1004 may donate to
the state an open space easement limiting the future use of the land. The
commissioner may accept such easement on behalf of the state, imposing such restrictions and limitations on the future use of the land as the commissioner and the
owner may agree on and which may further the purposes of this section and §§
11-14-201, 11-15-108, 67-5-509, 67-5-601, 67-5-602, and
67-5-1001 - 67-5-1009.
Before accepting the easement, the commissioner shall consult with the state
planning office and the appropriate planning commission having jurisdiction over
the land, and the director and the planning commission shall advise the commissioner
if the preservation of the land in an open space condition is contrary to the public
interest. The advice rendered by such planning commission shall be in accordance
with the provisions and recommendations of an officially adopted land use plan or
the land use element, as described in § 13-3-301, of an officially adopted plan
for physical development. Where no such officially adopted land use plan or land
use element of an officially adopted plan exists, such advice shall be rendered
in accordance with the principles of sound land use planning and shall be made
in the form of an officially adopted policy statement of the planning commission.
Where no such planning commission exists, the Tennessee local government planning
advisory committee shall exercise the same authority as where such a planning
commission otherwise legally exists.
(b) The commissioner shall encourage, if appropriate, but shall not require, conditions in the agreement which shall provide for some form of limited public use.
Such uses may include, but shall not be limited to, provisions for youth groups,
garden clubs, school classes or similar groups to conduct nature studies, hikes,
or field trips on the land.
(c) When the commissioner accepts such an open space easement, the commissioner
shall cause it to be recorded with the register of deeds in the county in which the
land is situated, and shall notify the assessors of property for the county or
municipality in which the land is situated and it shall be assessed as provided
in § 67-5-1009.
[Acts 1976, ch. 782, §§ 9, 10; T.C.A., § 11-1807.]
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11-15-108. Cancellation.
(a) If the current owner of any land on which an open space easement is in
effect wishes to cancel the easement, such owner shall notify the commissioner
of the owner's request in writing at least ninety (90) days in advance of the
proposed date of cancellation.
(b) The commissioner shall cancel the easement on behalf of the state only
if all of the following conditions are met:
(1) The easement has been in effect for a period of at least
ten (10) years;
(2) The commissioner determines that the open space is not
needed in that location and that the public interest would be better served
by the cancellation of the easement;
(3) The appropriate planning commission having jurisdiction
over the land in question adopts a resolution stating that the open space is
not needed in that location and that the public interest would be better served
by the cancellation of the easement;
(4) The director finds that there exists no overriding state
concern to maintain such open space; and
(5) The owner has paid to the county and municipality in which
the land is situated an amount equal to the difference between the taxes
actually paid during the ten (10) preceding years and the taxes computed
during the ten (10) preceding years on the basis of fair market value and
classification of the land as if the easement had not existed, as provided
for in § 67-5-1009.
(c) The commissioner, upon determining that all five (5) of the conditions
in subsection (b) have been satisfied, shall cancel the easement on behalf of
the state and shall duly notify the register of deeds and the assessors of property
for the county and municipality in which the land is situated.
[Acts 1976, ch. 782, § 11; T.C.A., § 11-1808.]
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