‘We refused access’: Nashville homeowners outraged after authorities surveyed their property for methane gas plant project — but it hasn’t been approved yet. Here’s why it’s not illegal

Homeowners claim TVA violated due process

Tracy O’Neill, another member of the community, told Fox 17 the paperwork provided to homeowners informed them they had 21 days to respond to the TVA. But the Bloodgoods and Harants feel due process — the government’s requirement to respect individual legal rights and ensure fair treatment through the judicial system — was violated when the TVA surveyed their land before their objections were heard by a judge.

The TVA, for its part, shared a statement with Fox 17, emphasizing that it had filed condemnation proceedings relating to potential transmission lines the TVA may build on those properties and that a federal judge overseeing the cases had issues orders of possession. This allowed the agency to enter the properties “for the purpose of conducting surveys” — and it added that landowners’ objections don’t prevent it from doing that “pursuant to the court’s orders.”

Homeowners in the area are frustrated, but continue to work towards a resolution with their attorneys.

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Tennessee easement laws allows this

Most states, including Tennessee, have easement laws, which allow someone to claim use of private property for a specific purpose. For example, if your driveway veers onto a neighbor's land, a new homeowner might ask them for an easement so they can continue to access their land.

In Tennessee, there are two types of easement: implied and express easements. Implied easements are created without a contract and require necessity and prior use, as in the example of the driveway above.

Express easements are formed through a legal contract and are put into the deed of the property. Public easements, such as for sidewalks or utility lines, are created to benefit the public as a whole. This is likely the type of easement TVA will pursue, and is generally permitted in Tennessee. The location and specific details of each situation may impact whether easements are granted.

Dealing with easement disputes

Easement laws can be complex, especially for those related to utility companies. But know that through eminent domain, federal law allows the government to seize land for public use as long as owners are provided with just compensation for their land.

If you’re not sure of your rights, you may want to seek legal counsel. However, there are several proactive steps you can take before stepping into a lawyer’s office.

Start by asking the utility company for more information, including documentation, court orders, and environmental or public impact assessments. If environmental or public impact assessments have not been performed, consider commissioning them yourself. These studies evaluate the impact of a potential project by looking at factors like air and water quality, wildlife, noise, and socio-economic impacts.

Engage with local officials, such as the clerk of court or state legislators, to express your concerns. Elected officials may be able to advocate for more community input or oversight to allow for more discussion. The website for elected officials generally lists a phone number or email address for constituents to contact them.

Finally, consider filing an injunctive relief in court. If you believe their property rights are being violated, an injunction may halt the survey or construction until the legal dispute is settled.