A Music Row landowner objected in court today to a move by the Metro Development and Housing Agency to exercise eminent domain on her property.
The MDHA is working with Houston-based Lionstone Development Group to build a $100 million condo, hotel and retail building on a plot of land that includes Joy Ford’s country record label on 23 Music Circle East.
Ford’s property sits in a redevelopment district that was put in place in 1999. Despite her objections, MDHA development director Joe Cain says it’s only a matter of time before the agency acquires Ford’s property.
“I mean obviously we feel like we have the, um, you know, that this is what we have done in past redevelopment districts and have the ability to go ahead and acquire this piece of property and redevelop the area so that we can eliminate any deleterious uses and blighted properties in the area and get the area redeveloped.”
Ford’s attorney, Scott Bullock with the Institute for Justice, says the MDHA’s arguments won’t hold up in court because they hinge on out-of-date laws.
“They’re relying on a blight determination back in 1999, but unfortunately for the MDHA the TN Legislature changed the law in 2006. This was in response to the Supreme Court’s infamous Kelo decision, and they made it very clear that this law applies to all condemnation laws after 2006.”
Bullock is referring to the famous Kelo v. the City of New London case in which the U.S. Supreme Court ruled that a Connecticut city could take private property and sell it back to a developer if the redevelopment was determined to be in the best interest of the public. After that ruling several states, including Tennessee, took action to protect property owners.
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