(1) “Government action” does not include:
(A) The formal exercise of the power of eminent domain;
(B) The forfeiture or seizure of private property by law enforcement agencies as evidence of a crime or for violations of law;
(C) Orders issued by a state agency or court of law that result from a violation of law and that are authorized by statute; or
(D) The discontinuation of government programs;
(2) “Private property” means real property, or improvements to real property, not owned by the federal government or a state agency; and
(3) “Unconstitutional taking” or “taking” means the taking of private property by government action such that compensation to the owner of that property is required by either:
(A) The fifth or fourteenth amendment to the Constitution of the United States; or
(B) The Constitution of Tennessee, Art. 1, § 21.
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