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Knox County commissioners discuss ordinance to bar subdivision covenants that exclude U.S. citizens
Summary
Commissioners debated draft language that would declare covenants prohibiting U.S. citizens from owning property to be against public policy and empower the law department to seek court removal; county attorneys said the state972023 statute addresses certain foreign buyers but does not cover discriminatory covenants.
Knox County commissioners discussed a proposed ordinance on Dec. 8 that would allow the county to challenge subdivision covenants that bar U.S. citizens from owning property.
Commissioner Fox said she will proceed with an item to address covenants and asked that another agenda item on data centers be deferred so staff can finish the text. "I do intend on proceeding with that," Fox said, adding the draft language had already been circulated.
County counsel described the legal gap the ordinance is intended to fill. Mister Moyers said recent state law limits property ownership by certain foreign-associated individuals but does not address private covenants that discriminate against U.S. citizens. "The ordinance declares it to be against public policy to have that sort of discriminatory covenant," he said, and said the law department could ask a court to remove an offending restriction.
Commissioners asked whether a homeowner or buyer could instead take a private suit straight to court; Moyers said private litigation would remain an option, but the county could also pursue enforcement if the commission adopts the ordinance. Commissioner Jackson pressed whether the county enactment would simply duplicate state law; counsel and Fox said it fills a different gap — addressing covenants that "run with the land" and continue to bind later owners.
Supporters cited a Loudoun County example in which a developer marketed lots to buyers from abroad and a covenant restricted ownership; Fox said the proposed local rule aims to prevent a similar result in Knox County. Critics and some commissioners asked for clarifying language and whether the ordinance might be redundant; counsel said the county97level declaration is meant to treat discriminatory covenants as void as against public policy and could lead to court enforcement.
No formal vote was taken at the information session. Commissioners did not set a final calendar date for the ordinance on Dec. 8; staff and the law department said they would provide further drafting and guidance ahead of any formal consideration.
The commission moved on to other agenda items after the discussion.
