Real Property - As enacted, clarifies that property that is qualified as agricultural, forest land, or open space land, owned by two individuals, and held under the titles of tenancy by the entireties or of joint tenancy, the official text

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                        $tate of UI:ennessee

                          PUBLIC CHAPTER NO. 138

                                                  HOUSE BILL NO. 297

     By Representatives Lamberth, Rudd, Sherrell, Barrett, Howell, Todd, Vital, Wright,
              Eldridge, Renea Jones, Terry, Moody, McCalmon, Littleton, Alexander

                                        Substituted for: Senate Bill No. 247

                                         By Senators Haile, Lowe, Stevens

         AN ACT to amend Tennessee Code Annotated, Title 11, Chapter 14, Part 2; Title 11,
Chapter 15 and Title 67, Chapter 5, relative to the Agricultural, Forest and Open Space Land
Act of 1976.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 67-5-1005(a)(1) is amended by
adding the following language immediately after the third sentence of the subdivision:

                    Property that is qualified as agricultural, owned by two (2) individuals, and held
          under the titles of tenancy by the entireties or of joint tenancy with right of survivorship, is
          deemed to have unchanged ownership upon the death of an owner if the property is
          retained by the other owner through a right of survivorship or upon the divorce of the
          owners if the property is retained by either owner through division and distribution of
          property in the divorce proceeding.

          SECTION 2. Tennessee Code Annotated, Section 67-5-1006(a)(1) is amended by
adding the following language immediately after the third sentence of the subdivision:

                    Property that is qualified as forest land, owned by two (2) individuals, and held
          under the titles of tenancy by the entireties or of joint tenancy with right of survivorship, is
          deemed to have unchanged ownership upon the death of an owner if the property is
          retained by the other owner through a right of survivorship or upon the divorce of the
          owners if the property is retained by either owner through division and distribution of
          property in the divorce proceeding.

          SECTION 3. Tennessee Code Annotated, Section 67-5-1007(b)(1), is amended by
adding the following language immediately after the third sentence of the subdivision:

                    Property that is qualified as open space land, owned by two (2) individuals, and
          held under the titles of tenancy by the entireties or of joint tenancy with right of
          survivorship, is deemed to have unchanged ownership upon the death of an owner if the
          property is retained by the other owner through a right of survivorship or upon the
          divorce of the owners if the property is retained by either owner through division and
           distribution of property in the divorce proceeding.

           SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.
                    HOUSE BILL NO. 297

PASSED:  March 20. 2025

                           c?J-c

                                          CAMERON SEXTON, SPEAKER
                                         HOUSE OF REPRESENTATIVES

                         x:t•.•, ~'--~ill..
                                      - --, "' ,. O RANDY MC)ALLy
                                               SPEAKER OF THE SENATE

~ /¼r:£ APPROVED this       I
                    day of              2025

BILL LEE, GOVERNOR       ~