Bill > HB2129

This bill, known as the "Tennessee Heritage Protection Act of 2016," amends existing Tennessee law to establish strict protections for memorials on public property that honor historic conflicts, entities, events, figures, or organizations. A "memorial" is broadly defined to include anything from statues and monuments to streets and buildings named or dedicated to these historical subjects. The core provision prohibits the removal, renaming, relocation, alteration, or disturbance of such memorials unless a waiver is granted by the Tennessee Historical Commission (the "Commission"). Public entities responsible for memorials can petition the Commission for a waiver, but they must demonstrate a substantial need based on historical or compelling public interest, provide public notice of their request, and undergo a formal hearing process where interested parties can comment. If a memorial is a designated national historic landmark or listed on the national register of historic places, there's a presumption in favor of its preservation. The act also grants standing to individuals with a demonstrable interest in a memorial to seek court orders to enforce these protections and allows for injunctions to preserve memorials during legal proceedings. This legislation is intended to be remedial and liberally interpreted to favor historical preservation, applying to memorials existing before or created after January 1, 1970, with an exception for memorials on Department of Transportation property that might interfere with transportation projects.