Where eminent domain shouldn’t apply for Town: high costs, legal action threats

Letter to the editor

I recently read the farragutpress article, “New Option for Virtue ...” (Tammy Cheek, 29 May 2025). It precipitated a flashback from “Mr. Roberts” when Ensign Pulver discovers the death of Mr. Roberts; he bursts in on the ship’s captain (via James Cagney; captain Morton) and retorts – I paraphrase here for the sake of subject matter – “What’s all this crud about a boardwalk?”

A year ago, I had a letter published in farragutpress providing a convincing argument against the rationale for taking any property for such a pathway.

Indeed, just what is the obsession with this remarkably flawed effort? Then, I had a chance to review the evolution of eminent domain extending from the 2013 review by the Intergovernmental Committee on Eminent Domain (state) to, and including, the April 24, 2024, Tennessee legislature replacement of TCA 29-17-102. Regarding this latter legislation, there is clarity regarding the intent to protect personal properties from taking by overzealous municipalities.

Now comes a “solution” based on the fact that the city has been noticed that if it were to proceed, serious legal actions by influential persons or committees would be activated, certainly based on the very notes I espoused in July 2024.

To add insult to injury, we simply move across the street to take the property of others; problem solved, as they have fewer resources to indict this effort.

Lastly, but not least, “we” want a wooden walkway for which we will spend over $2 million (~$800,000 for project development and 1,650 foot long x 6.5 foot wide x $117/square feet equals ~$1,255,000 for materials; these costs/square feet are easily obtained from numerous contractors).

These are not the only costs. Additional environmental issues — e.g., soils issues and local wet environments — will drive not only these costs higher, but will commit the city to long-term maintenance costs of a wooden structure (estimated from other cities’ costs to be $47,000-$114,000/year).

Apparently, all for the sake of Town fathers’ fiscal egos.

To paraphrase my words in my original letter of July 2024, as a matter of purpose any instance of no pathway or no such taking by the city of Farragut, who is hurt? Who suffers? Whose life efforts will be displaced? Who will go to bed hungry? Who will go to bed worse in the absence of a new partial pathway?

Absolutely no one! If the Town patriarchs and prior matriarch are genuinely caring extensions of the people they represent, surely the occasional expenditure of city finances for some projects requires a “No,” not “No Confidence” from the citizenry.



Dr. F. Oliver Cope, Farragut