The comet. (Johnson City, Tenn.) 1884-1916, 1909-06-24


to condemn the property OF existing
water companies of any kind or char
acter necessary to enable any such city |
or town to acquire, own, and operate
its waterworks system or plant, and to
provide just and adequate compensa-
tion to the owner or owners of such
rights and properties so condemned,
and for other purposes.
Section |. BE it enacted by the Gen
eral Assembly of the State of Tennessee
That any incorporated city or town in
this State having population of not
less than four thousand nor more than
five thousand inhabitants by the Fed
eral census of 1900 or any subsequent
Federal census which may be engaged
in furnishing water to its Inhabitants
or which has OF may hereafter have
contracts with its inhabitants TO fur
nish them water or which may de-
sire to own and operate its own water
works system or plant for the purpose
of supplying its inhabitants and itself
with water for domestic manufactur-
ing, and other uses shall have the right
and power to condemn springs, creeks,
rivers, or running streams and water
courses and the waters thereof, and all
riparian rights Of the owner or owners
thereof, and the riparian rights OF the
person or persons through whose lands
such waters Gow, also all rights of way
for pipe lines and grounds for reservoir
site or sites and pumping stations and
filtering plants, and also to condemn
the property of existing water COM
panies of any kind or character neces-
sary to enable such city or town to
acquire, own, and operate its own
waterworks system or plant, and to
provide just and adequate compensa-
ton TO the owner or owners of such
rights and properties so condemned.
Sec, 2, Be it further enacted, That
just compensation shall be made by
any such city or town exercising the
right of eminent domain under the
power and authority conferred by and
under the provisions of Section l OF
this Act to the owners Of such springs
or running streams or other water thus
taken, and to all riparian and property
owners for damages resulting to them
from the taking Of such waters, and
to the owners of the land taken for
rights of way for pipe lines for the val
ue of such rights of way, and for the
damages resulting to them from such
taking, and to such water companies
or persons owning existing waterworks
systems or plants for properties so con-
demned and taken.
Sec. 3. Be it further enacted, Thai
in the event any such city or town de
u string to exercise the right Of eminent
u domain herein by this Act conferred Is
y unable to agree with the owner or own
ers of any such spring, running stream
= or other water course, or with any sucf
riparian owner or owners, or with thC
. owner or owners of any such land ne
" cessary for rights of way for pipe line
or sites for reservoirs, pumping stat
ions, and filtering plants, or such per
son or company having waterworks o
waterworks property or other proper
ties necessary to be taken and con
demned, as to the amount of compen
sation that shall be paid for the same
as herein provided, the proceedings 70
condemning such springs, running
streams, or other water courses, or sucl
riparian rights, or such rights of wa,
for pipe lines, or such waterwork
"a plant or system or other properties an
10 for fixing said compensation, shall b
=, the same in all respects as provided il
- the Code of Tennessee from Sectlo
1926 to Section 134S inclusive bein
h Sections 1915 and 1867, inclusive, {
n Shannon's Compilation of the Law
:" of Tennessee, and also as provided b
10 any and all other general laws of tn
IL State of Tennessee, which have been c
H. which may be hereafter enacted goN
n erning the exercise of the rights {
- eminent domain.
Is, Sec. 4. Be it further enacted, Thf
rs this Act take effect from and after il
e. passage, the public welfare requlrin
a. it.
q Passed April 2S, 1909.
an VIM. KINNEY,
yh Speaker of the Senat
so NJ. HILLSMAN TAYLOR,
40 Speaker of House of Representative
70 Approved April 28, 1909.
ng MALCOLM r. PATTERSON,
sol