Tennessee Code Annotated
Tenn. Code Ann. § 12-1-202 (2026)
Part definitions
✓ current as of May 2026
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.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 2004–2022 · leading case: Byrd v. State, 150 S.W.3d 414 (Tenn. Ct. App. 2004).
Byrd v. State, 150 S.W.3d 414 (Tenn. Ct. App. 2004). “eral assembly expressly conferred a private right of action in favor of the claimant against the state for the state’s violation of the particular statute’s provisions; [[Image here]] (R) Claims for libel and/or slander where a state employee is determined to be acting within…”
John C. Wells, III v. State of Tennessee (Tenn. Ct. App. 2016). “” See Tenn. Code Ann. § 12-1-202 (2). Because Plaintiff‟s claim did not involve real property, the State argued that the Claims Commission did not have jurisdiction over the matter at issue.”
James Bates v. State of Tennessee (Tenn. Ct. App. 2016). “” See Tenn. Code Ann. § 12-1-202 (2). Because Plaintiff‟s claim did not involve real property, the State argued that the Claims Commission did not have jurisdiction over the matter at issue.”
Sean Goble v. State of Tennessee (Tenn. Ct. App. 2016). “” See Tenn. Code Ann. § 12-1-202 (2). Because Plaintiff‟s claim did not involve real property, the State argued that the Claims Commission did not have jurisdiction over the matter at issue.”
Ralph Thompson v. State of Tennessee (Tenn. Ct. App. 2016). “” See Tenn. Code Ann. § 12-1-202 (2). Because Plaintiff‟s claim did not involve real property, the State argued that the Claims Commission did not have jurisdiction over the matter at issue.”
Kenneth Cradic v. State of Tennessee (Tenn. Ct. App. 2016). “” See Tenn. Code Ann. § 12-1-202 (2). Because Plaintiff‟s claim did not involve real property, the State argued that the Claims Commission did not have jurisdiction over the matter at issue.”
Larry Smith v. State of Tennessee (Tenn. Ct. App. 2016). “” See Tenn. Code Ann. § 12-1-202 (2). Because Plaintiff‟s claim did not involve real property, the State argued that the Claims Commission did not have jurisdiction over the matter at issue.”
Charles E. Walker v. State of Tennessee (Tenn. Ct. App. 2022). “§ 9-8-307(a)(1) (V), the State has consented to be sued for “[n]uisances created or maintained” and for “[u]nconstitutional taking of private property, as defined in § 12-1-202, including intentional state governmental action resulting in a taking .”
— Tenn. Code Ann. § 12-1-202(2) — 1 case
Byrd v. State, 150 S.W.3d 414 (Tenn. Ct. App. 2004). “eral assembly expressly conferred a private right of action in favor of the claimant against the state for the state’s violation of the particular statute’s provisions; [[Image here]] (R) Claims for libel and/or slander where a state employee is determined to be acting within…”
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