Private Land is Private—Even to the Government

Private land should mean exactly what it says: land that belongs to you. Land where others—including the government—cannot enter without permission or a warrant.

Most Tennesseans assume that is already how the law works. But many would be surprised to learn that, in practice, government agents have sometimes treated private property as if it were open to them. Tennessee is one of several states where government agents have accessed private property without a warrant and without the owner’s permission. In many cases, landowners don’t even know officials are on their land until they encounter them.

Terry Rainwaters and Hunter Hollingsworth learned this the hard way. They own rural properties along the Big Sandy River in Camden, Tennessee. Their land is used for farming, camping, and hunting with state-issued licenses. It is clearly marked with “No Trespassing” signs and is not open to the public. Yet for years, officers with the Tennessee Wildlife Resources Agency entered their properties without permission or a warrant, searching for potential hunting violations. They had no probable cause that a crime was being committed and did not seek approval from a court. Instead, they entered the land, searched the property, took photos and videos, and even installed cameras to monitor activity. The officers believed this was lawful under a concept known as the “open fields” doctrine.

But the Tennessee Constitution protects citizens from unreasonable searches and seizures. That protection does not disappear simply because someone owns rural land.That is why Terry Rainwater and Hunter Hollingsworth partnered with the Institute for Justice to challenge these warrantless searches in court. Their case asked a simple question: does private land still receive constitutional protection? In May 2024, the Tennessee Court of Appeals answered yes. Relying on longstanding Tennessee precedent, the court ruled that warrantless searches of private land that is put to “actual use” violate the Tennessee Constitution. The state chose not to appeal that decision to the Tennessee Supreme Court.

You would think that would settle the issue. But some agencies still rely on statutes they believe allow entry onto private property without a warrant. Just recently, Tennessee Department of Agriculture inspectors entered a citizen’s private land on two different occasions to look for potential violations of state law. This was not an isolated situation. Several agencies believe existing statutes allow them to enter private land as they please. That interpretation conflicts with the constitutional protections Tennesseans expect. A statute cannot override the Tennessee Constitution.

That is why I introduced House Bill 850. This legislation simply aligns state law with the constitutional principle reaffirmed by the courts. It clarifies that government agents must obtain a warrant or permission before entering private land that is in actual use. The bill also ensures landowners have a clear pathway to defend their rights if those protections are violated. At the same time, the legislation includes commonsense exceptions. Government agents may still enter private land in emergencies, when pursuing fugitives, or in other situations where immediate action is necessary.

I have worked with lawmakers, state agencies, and Tennesseans from across the state to ensure the bill protects constitutional rights while preserving legitimate law enforcement responsibilities. But some agencies remain opposed to the legislation. Ultimately, laws only matter if they can be enforced. When the government violates the rights of citizens, there must be accountability.Property rights are one of the oldest protections in American law. Tennesseans should never have to wonder whether their land is truly their own when the government shows up.

Private land is private. It is a simple principle—and one that must be respected.

Rep. Michele Reneau

TN State Representative

District 27