Kenneth Cradic v. State of Tennessee

The plaintiff is an inmate who filed a claim with the Claims Commission after the Tennessee Department of Correction made the determination that inmates were prohibited from possessing small electric heating appliances known as “hotpots.” He sought compensation for the loss of his hotpot under the Takings Clauses of the Tennessee and U.S. Constitutions.. The Commission dismissed the plaintiff's claim because it did not have subject matter jurisdiction over takings claims involving only personal property. See Tenn. Code Ann. §§ 9-8-307(a)(1)(V); 12-1-202 (defining “private property” as “real property, or improvements to real property . . . .”). The plaintiff appealed, contending that the definition of “private property” was unconstitutional under the U.S. Supreme Court's decision in Horne v. Dep’t of Agric., --- U.S. ----,135 S. Ct. 2419, 192 L. Ed. 2d 388, (2015), which held that the government is required to pay just compensation under the Takings Clause when it physically takes possession of either real or personal property. We have determined that the Commission did not have authority to decide the plaintiff's facial challenge to the constitutionality of the statute. We have also determined the plaintiff would not be entitled to compensation even if his constitutional challenge to the statute was successful. Consequently, we affirm the dismissal of his claim.