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The TBA allows you to search CLE by topic area. For example, you will see 16 options for real estate law, 17 options for criminal law and 12 options for corporate counsel practitioners.

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Construction on Nashville's Broadwest Two-Tower Development Scheduled for Fall

The West End Summit site, home to the infamous and recently drained ‘Lake Palmer,’ may see construction beginning as soon as this fall, The Nashville Post reports. Huntsville, Alabama-based Propst Development plans to build two mixed-use buildings which will be called Broadwest and encompass a collective 1.2 million square feet at 1600 West End Ave near the split with Broadway. Local partners on the project include:

  • Chartwell Hospitality, a Franklin-based hotel operations and development company, to co-own and operate the 14-floor luxury hotel;
  • Parks Realty, a Nashville-based real estate agency, to lead condominium sales;
  • The Nashville office of Jones Lang Lasalle for office leasing;
  • Atlanta-based Cooper Carry as the lead architects of Broadwest;
  • The local offices of Turner Construction Company and Hoar Construction as general contractors;
  • Nashville-based Premier Parking to oversee the parking component.

The project could carry a price tag upwards of $500 million.

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Legal Practice Tip: Slander of Title – Clouds on Property Owned by Public Officials

What are your rights if a false lien is filed against property you own

On May 21, Gov. Haslam signed into law Public Chapter No. 1042 which immediately created a cause of action providing for remedies for the successful challenge of the validity of a lien against a property. The real property owner that prevails in challenging the validity of a lien or a slander of title proceeding may recover:
  1. The owner's reasonable attorney's fees; 
  2. Reasonable costs incurred by the owner to challenge the validity of the lien; 
  3. Liquidated damages in an amount equal to ten percent (10%) of the fair market value of the property not to exceed one hundred thousand dollars ($100,000); and
  4. Any actual damages incurred by the owner.
The provisions of the act do not apply if the lien is based on a loan agreement which lists the property as collateral to secure repayment of the loan. The statute became effective on signing.
 
What if you are a “public official?"
 
A separate act was signed by the governor on May 1, which took effect on July 1. Public Chapter No. 913 provides a way for “public officials” to administratively challenge the filing with the register a cloud on an interest in real property by way of an affidavit by the official which sets into motion a process to remove the cloud. This procedure is reasonably complicated but may provide the local and state officials with alternative methods for removing the clouds in a more expeditious and less expensive way and may force the hand of individuals filing such false claims.

Joseph "Joe" Kirkland is an attorney and senior escrow officer at the East Memphis office of CloseTrak, Closing & Title Services. Kirkland is active in the Tennessee Land Title Association (chair of the standing Legislative Committee 2017-19, director of the Board of Directors 2018-19) and the immediate past chair of the Tennessee Bar Association's Real Estate Law Section.
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Environmental Groups Sue TVA Over Grid Access Charge

Five environmental groups have filed a lawsuit against the Tennessee Valley Authority (TVA) in an attempt to block a new grid access charge scheduled to begin next month, The Chattanooga Times Free Press reports. The plaintiffs maintain that the planned TVA rate changes and cutbacks in renewable and energy efficiency programs will discourage consumers from investing in solar, wind and energy efficiency projects and harm the environment as a result. The new grid access charge is set to take effect Oct. 1 and will require municipalities and power cooperatives to pay a mandatory electricity fee regardless of their energy usage. You can view the complaint here.

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2018 Tax Law Forum

The annual Tax Law Forum will be held at the Tennessee Bar Center in Nashville on Sept. 17. Sessions will focus on the new Tax Cuts and Jobs Act. Topics include the new pass-through entity tax law, an overview of the changes to international tax law, corporate and other business tax changes as well as non-profit law changes.
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Section Seeks Your Opinions on Upcoming Law Office Technology Forum

To help build programming for its upcoming Law Tech Forum, the TBA Law Office Technology and Management Executive Council is asking your opinions. Completing this brief web form will assist in ensuring the forum remains timely, relevant and on the cutting edge. Comments can be related to subject matter, length and location of the event. Please respond by Sept. 7. 

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Put TBA UPS to Work

Have you enrolled in TBA’s UPS account for members? Visit UPS's TBA page and save up to 34 percent on UPS’s broad portfolio. Shipping services include next day air, international, ground and express.
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Law Office Management Tips on Shipping

If your law office uses shipping services, your TBA membership team can help you compare those costs to TBA’s UPS member benefit. Your firm office manager can work directly with TBA staff and UPS services to enroll or transfer shipping accounts. Members can save up to 34 percent on UPS’s broad portfolio of shipping services, including next day air, international, ground and express.
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Chancellor Approves Cordova Rezoning Case

Chancellor Walter Evans dismissed a petition against the proposed rezoning of the Cordova Triangle in Germantown on Thursday in Shelby County Chancery Court, The Commercial Appeal reports. The city of Germantown may now proceed with its proposed rezoning of the area from urban to residential. The Jack Owen Revocable Trust, which owns a tract in the Triangle, filed a petition against the city after the Germantown Planning Commission voted in favor of the rezoning during its July 10 meeting.
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TBA Section Chair Recognized as Emerging Leader

Nashville attorney David Wicker of Stites & Harbison was recognized as an Emerging Leader in Legal Services by the Nashville Area Chamber of Commerce and YP Nashville during an event Thursday at Lipscomb University, the Nashville Post reports. Wicker, who currently chairs the TBA Real Estate Section, is also active in community organizations, ranging from the Rotary Club to the Tomato Art Fest.

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Destination CLE Survey

Let's take a trip! The TBA CLE Committee would like your feedback on destination CLE events. Taking a moment to complete this brief survey will greatly assist us in developing the best CLE experience for you. Please complete this survey by Aug. 10. We greatly appreciate your help with this endeavor.
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Cameras Catch Airbnb Guests Illegally Entering Neighbor's Home

Four men illegally entered a woman's South Nashville home last Friday while she was cooking dinner for her young daughter, WKRN News reports. The men were staying at an Airbnb on 9th Circle South in Edgehill, where they hopped over a barrier separating the third-floor balconies of the properties, breaking into the house of Amy Allen. Allen was notified of the intrusion by her security system, which also filmed the ‘bnb’ burglars in action. Allen said she called the police and began looking through her surveillance video when she discovered that the guests from next door had been in her home previously and had stolen a bottle of alcohol.
 
Airbnb rentals remain a contentious topic in Nashville, leading the city to establish a designated hotline to field complaints about short-term rental properties. Since September 2017, Metro Codes has received 1,581 calls on the complaint hotline.

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Remote Online Notarization and Electronic Notarization Now Possible in Tennessee

On May 15, Tennessee became the 6th state to enact legislation permitting the Remote Online Notarization (RON) of documents. Under Public Chapter No. 931, qualified notaries public will be allowed to electronically apply notary seals and additionally, to perform notarizations for individuals via two-way audio-visual communications.  
 
The act now defines “Appear” “Appearance” and “personally appear” to include: appearing before an online notary public by means of an interactive two-way audio and video communication that meets the online notarization requirements under rules promulgated by the secretary of state; these will include the standards that must comply with online notarization and “credential analysis” and “identity proofing” to ensure the proper identity of the party to be witnessed and preservation of the notarization act for a period of a minimum of five years.
 
The act also contains definitions for terms such as "Credential analysis," "Electronic document," "Electronic notarial certificate," "Electronic seal," "Electronic signature," "ldentity proofing," "Online notarization" and "Remote presentation," among others. The Tennessee Secretary of State will be administering and promulgating the rules for the orderly conduct of electronic notarizations and remote online notarizations. Public Chapter No. 931 will become effective on July 1, 2019.

Joseph "Joe" Kirkland is an attorney and senior escrow officer at the East Memphis office of CloseTrak, Closing & Title Services. Kirkland is active in the Tennessee Land Title Association (chair of the standing Legislative Committee 2017-19, director of the Board of Directors 2018-19) and the immediate past chair of the Tennessee Bar Association's Real Estate Law Section.
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TDEC Proposing Changes to Aquatic Resource Alterations

The Tennessee Department of Environment and Conservation (TDEC) is proposing changes to the permitting process when entities seek to divert a stream, pave over wetlands or otherwise alter the state’s waterways, The Tennessean reports. The proposed changes to Rule Chapter 0400-40-07 Aquatic Resource Alteration would stipulate where developers can mitigate the damage done to streams and would establish a baseline for pollution or alterations from which any harm would have to be offset. Comments on the amendments will be accepted through July 31 and can be submitted to Jimmy.R.Smith@tn.gov.

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Oshkosh Corporation Expanding to Jefferson City

Specialty truck and access equipment giant Oshkosh Corporation will place a factory in Jefferson City, creating more than 300 jobs by 2021, the Knoxville News-Sentinel reports. Oshkosh — which manufactures military, emergency and construction vehicles — will take over and renovate a 500,000-square-foot building that formerly housed a John Deere plant. The factory will facilitate welding and fabrication operations for the company. 
 
TVA, the Economic Development Alliance of Jefferson County, Jefferson City, Jefferson County, Innovation Valley, Oak Ridge National Laboratory, Tennessee College of Applied Technology, and Tennessee Department of Economic and Community Development are named as partners on the project.
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Nashville Home to World's Largest 3D-Printed Structure

Nashville is now home to the world’s largest 3D-printed structure, Architect Magazine reports. Due to its shape and volume, early designs for the formation required a steel substructure to support its load, which would have tripled the cost. However, to eliminate the need for a supplemental steel reinforcement, Chattanooga-based architectural fabricator Branch Technology used the company's Cellular Fabrication (C-Fab) 3D-printing technology to prefabricate 40 panels off-site and assembled them on the designated spot in Nashville. 
 
The 20-foot-tall, 42-foot-wide structure is composed of carbon fiber–reinforced Acrylonitrile Butadiene Styrene and finished with an ultraviolet protective exterior-rated metallic paint. Branch Technology has previously made headlines for a 3D-printed house scheduled to be completed and erected at Chattanooga State Community College this fall.
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TVA Invites Public Input on Proposed Updates to Natural Resource Plan

The Tennessee Valley Authority (TVA) is soliciting public opinions regarding updating its 2011 Natural Resource Plan, according to a press release on its website. The 2011 plan organized TVA’s work into six resource areas but did not include all of TVA’s Natural Resource efforts. In the 2020 Natural Resource Plan, TVA proposes 10 focus areas that encompass all the Natural Resource functions.
 
TVA is hosting four open house meetings to obtain input, answer questions and receive comments. The sessions will be from 5–7:30 p.m. local time at the following locations:
 
  • July 25 at Pellissippi State Community College in the College Center Room, 10915 Hardin Valley Rd., Knoxville
  • July 26 at Chattanooga State Community College in Rooms 124-126, 4501 Amnicola Highway, Chattanooga
  • August 1 in the TVA Multi-Purpose Building, Room MPB 01202, 101 Reservation Road, Muscle Shoals, Alabama
  • August 2 at Paris Landing State Park in Conference Room A, 400 Lodge Road, Buchanan
  • August 6 – Webinar. Please register in advance of the webinar at www.tva.gov/nrp.
Written comments can be sent to Matthew Higdon, NEPA Compliance, Tennessee Valley Authority, 400 West Summit Hill Drive, WT 11D, Knoxville, TN 37902-1499. Comments also may be submitted on the project website at www.tva.gov/nrp or by email at NRP@tva.gov.
 
NOTE: Those with special needs who wish to attend any open house should contact TVA at least a week in advance at (865) 632-6113.
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Survey: Hot Topics in Real Estate 2018

Your executive council meets this month to begin the planning of the annual CLE forum. They want your input!

In preparation for the annual Hot Topics in Real Estate Forum in November, we have created a web form to ensure that all section members have a voice in programming. Completing this short survey will greatly assist the executive council in determining what topics and speakers will be included to produce a timely, substantive forum.

The council greatly appreciates your assistance with this endeavor. Please share recommendations for topics and speakers by July 13. You may also email me with your ideas or comments at jword@tnbar.org.

TAKE THE SURVEY

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Schedule Time to Read Email

A Tip from the TBA Attorney Well-Being Committee

Rather than checking on every e-mail as it arrives, schedule time in your calendar for reading and managing e-mail (and leave e-mail notifications silent during the other times of the day). This will enable you to have focused time for given tasks without constant interruption and distraction.

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Meet Your 2018–19 Real Estate Law Section Chair

J. David “David” Wicker is a Member in Stites & Harbison, PLLC’s Nashville office. Wicker practices all aspects pertaining to the development, acquisition, sale, and financing of commercial real estate, representing owners, developers, lenders, and other participants in a wide array of real estate transactions. David is active in the Davidson County community and currently is a member of the Margaret Maddox YMCA Board of Directors, the Nashville Downtown Partnership Board of Directors, and is a member of the Rotary Club of Nashville. He has previously served on boards such as the Metropolitan Nashville Sports Authority, Friends of Shelby Park, the Tennessee Chapter of Community Associations Institute, the Nashville Education, Community and Arts Television Corporation and served on the MLS2Nashville committee. He is also an active fundraiser for Big Brothers Big Sisters of Middle Tennessee. Wicker is a graduate of the Tennessee Bar Association’s Leadership Law program and made the Tennessee Supreme Court’s 2017 Attorney for Justice Pro Bono Honor Roll. Wicker holds degrees from Southern Methodist University and Southern Methodist University Law School. Please join us in welcoming your 2018–19 Real Estate Law Section Chair. 

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Legal Practice Tip: Who May Redeem from a Tax Sale

On April 26, the Court of Appeals for the Western Section announced their decision in the case of MADISON COUNTY, TENNESSEE, ET AL. v. DELINQUENT TAXPAYERS FOR 2012, ET AL., maintaining that one attempting to redeem from a tax sale pursuant to TCA § 67-5-2701(a)(3)(C) needs to have their interest in the property both on the date the tax sale occurs as well as on the date the motion to redeem is filed. The statute reads:
 
“Person entitled to redeem” means, with respect to a parcel, any interested person, as defined in this chapter, as of the date of the sale and the date the motion to redeem is filed[.]
 
This position is contra to the position taken by the Eastern Section of the court in CITY OF CHATTANOOGA, ET AL. v. TAX YEAR 2011 CITY DELINQUENT REAL ESTATE TAXPAYERS where the court allowed a redemption from someone who purchased the redemptive right after the tax sale. The most recent case attempts to reconcile the divergent rulings based upon their opinion that the Chattanooga case was based upon a prior version of the cited statute (see footnote 3 in the Madison County case).

Joseph "Joe" Kirkland is an attorney and Senior Escrow Officer at the East Memphis office of CloseTrak, Closing & Title Services. Kirkland is active in the Tennessee Land Title Association (Chair of the standing Legislative Committee 2017-19, Director – Board of Directors 2018-19) and the Immediate Past Chair of the Tennessee Bar Association's Real Estate Law Section.

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A Wellness Tip from the Attorney Well-Being Committee

Making an effort to notice the positive aspects of your life can have specific and beneficial results. Positive psychologists asked volunteers to each night write down three good things that happened that day and reflect for a few minutes on each one. Benefits resulting from this exercise included increased happiness, increased moments of gratitude and other positive emotion, enhanced capacity for hope and optimism, improved physical health, and decreased depression. Why not give this simple exercise a try? Think of three instances of something that went right during the past 24 hours, write them down, and spend a few minutes reflecting on them (i.e., cause of the good thing, my contribution to the good thing, similar good things can happen in the future if I do X, what this good thing means). Do this for two weeks and see whether you notice a difference!


Julie Sandine is a graduate of Wake Forest School of Law. She serves as the Chair of the TBA Attorney Well-Being Committee.

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Antitrust Regulators Focus on Real Estate Data

The real estate sector is getting fresh scrutiny from U.S. antitrust regulators regarding a proposed centralized system, known as Upstream, that is designed to offer a single point of entry for inputting, managing, and distributing listings at the brokerage level, Bloomberg Law reports. The centralized system has been backed by The National Association of Realtors (NAR). Critics — including Trulia and Zillow — argue the project has the potential to impede competition in the market by placing a large share of valuable real estate data in the hands of one entity controlled by NAR and large brokerages. NAR settled with the U.S. Department of Justice in 2008 on similar issues.

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June Issue Features Ramsaur, Advertising and Fiction Contest Winners

In the June issue of the Tennessee Bar Journal, tribute is paid to the long career of the Tennessee Bar Association's Executive Director Emeritus Allan F. Ramsaur. He steps down after 20 years with the TBA, leaving an impressive legacy, especially with his work in the legislature. Also, read the top two entries in our 2nd Annual Fiction Contest, and get the answers to every question advertising lawyers are asked. TBA President Lucian Pera writes the last installment of his column, reflecting on successes as well as efforts the TBA will continue. Read the Journal online.

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