Carter County officials have found a temporary solution to help them deal with derelict properties while they continue to work toward a permanent resolution.

During a workshop session on Tuesday, members of the Carter County Planning Commission’s subcommittee to create an Environmental Court heard an update from County Attorney Joshua Hardin.

During a previous workshop session, Hardin reported the caseload for the General Sessions Court is full to allow Judge Keith Bowers Jr. to take on the added cases of an environmental court. However, Hardin informed the group, Chancellor John Rambo had expressed his interest in taking on the environmental cases as a way to help the county but there was some question regarding whether or not the Chancery Court would have proper jurisdiction.

On Tuesday, Hardin told the subcommittee members he and Rambo have been looking into the issue as promised.

“I believe that we can file these actions in Chancery Court,” Hardin said.

Taking the cases to Chancery Court instead of to General Sessions Court will change the way the cases are handled, making them “nuisance” cases.

“The County has the authority to define and abate nuisances,” Hardin explained. “The Chancellor can then order them to clean it up.”

As a nuisance case, Hardin said the county would be stating the issues with the property are creating a hazard to the public health and welfare of the community and asking the court to provide relief on the matter.

“We are only seeking an order for them to clean it up and they are in contempt if they don’t do that,” Hardin explained.

But, before any cases are placed in Chancery Court, Hardin said the county needs to make revisions to its current resolution dealing with derelict properties. He told the subcommittee he would make the necessary changes and present the resolution to the Planning Commission at their September meeting.

While the agreement with the Chancery Court and Chancellor Rambo will work for the time being, Hardin said the agreement is only a temporary solution to allow the county to begin work to establish an environmental court.

“I think you are on the right track to working toward a permanent solution,” Hardin said. “Just don’t leave this band aid on forever.”

The permanent solution, Hardin said, would be creating an Environmental Court under the General Sessions Court jurisdiction. As the caseload for the current General Sessions Court expands, there will be a need in the future for a second General Sessions Court judge to handle the excess. Until that time, Hardin said the county can contract with a licensed attorney to serve as a magistrate or part-time judge to handle the environmental court cases as well as other matters spilling over from General Sessions Court.

But, before the County can begin that process, they must first obtain a private act from the Tennessee State Legislature establishing the environmental court.