NASHVILLE, Tenn. (WTVF) — The 6th Circuit U.S. Court of Appeals issued a ruling Wednesday weakening a Nashville law regarding sidewalks.
Metro Council passed that law five years ago, requiring landowners and developers on certain collector streets in Nashville to either build a sidewalk in front of a new home or pay the city money to build a sidewalk somewhere else.
Metro Councilwoman Angie Henderson sponsored the bill.
Attorneys praising the decision say the U.S. 6th Circuit Court of Appeals essentially struck down the Metro law because it violates the U.S. Constitution, which says no private property shall be taken for public use, without just compensation.
Beacon Center Attorney Meggan DeWitt said the ruling was "a reminder to Nashville that it cannot force a small group of property owners to cover the cost of public works."
Metro's law department is less clear about its impact, telling council members it will require further study and analysis.
Wednesday night, Henderson said:
Nashville’s sidewalk legislation has been commended across the country as a model for retrofitting sprawled, car-oriented cities to restore much-needed walkability and safety.
Nashville invests significantly in capital sidewalk infrastructure AND requires sidewalks for new development (as cities have done for centuries) through a legislative framework aligned with our General Plan & WalkNBike strategic plan.
This ruling is disappointing. I’m reading through its 30 pages now and will be speaking with the Metro Legal Department tomorrow about next steps.
I want Nashvillians to know that their city council is working for them and responding to their needs and concerns, but entities like the Beacon Center and the Southeastern Legal Foundation are actively working against the will of Nashvillians, undermining the success and safety of our city.
Meanwhile, Walk Bike Nashville says they hope the bill doesn't hinder their aim at expanding sidewalks throughout the city.
"It's clear that Nashville needs sidewalks, they want sidewalks, they're an asset to our community, they increase wealth, raise property values, they increase safety," said Wesley Smith with Walk Bike Nashville
If it chooses to, Metro could appeal the decision all the way to the U.S. Supreme Court, which would decide whether to take the case.
