The comet. (Johnson City, Tenn.) 1884-1916, 1911-08-17
PUBLIC LAWS.
House Bill No. 674.
Chapter 451.
(By Messrs. Burbage and Reeyes)
Published by authority.

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city or town in the state having pop
ulation of not less than eight thousand
nor more than ten thousand iuhabi
tants according to the federal census o.
1910 or any subsequent census anC
which is or which may be engaged ir
furnishing water to its inhabitants OF
for its own municipal purposes, Of
which has or may have contracts with
inhabitants to furnish them water K
condemn springs, creeks, rivers, anC
running streams and water courses anC
the waters thereof, and all riparian
rights of the owner or owners thereof
and all the riparian rights of the per
son or persons through whose lands
such waters flow, also 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 compa.
nies of any kind or character necessary
to enable any such city or town to &C.
quire, own and operate its water works
system or plant, and to provide just
and adequate compensation 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 eight thousand nor more than
ten thousand inhabitants by the feder-
al census of 1910 or any subsequent
federal census which may be engaged
in furnishing water to its Inhabitants
or which has or may hereafter have
contracts with its inhabitants to fur
nish them water or which may desire
to own and operate its own waterworks
system oil. plant for the purpose of sup
plying its inhabitants and itself with
water for domestic, manufacturing and
other uses shall have the right and
power to condemn springs, creeks, riv-
ers or running streams and water
courses and the waters thereof, and the
riparian rights of the person or persons
through whose land such waters flow,
also all rights-of-way for pipe lines and
ground for reservoir site or sites and
pumping stations and filtering plants,
and also to condemn the property of
existing water companies of any kind
or character to enable such city or
town to acquire, own and operate its
own water works system or plant, and
to provide just and adequate compen-
sation to the owner or owners of such
rights and property 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 of
this act to the owners of such springs
or other water courses for the water
thus taken, and to all riparian and
property owners for damages resulting
to them from the taking of such wa
tiers, and to the owners of the land Ia
ken for rights-ofway for pipe lines for
the value of such rights-of- and for
the damages resulting to them from
such taking and to such water compa-
MES or persons owning existing water
works systems or plants for properties
so condemned and taken.
Sec. 3.-Be it further enacted, That
in the event any such city or town de-
string to exercise the right of eminent
domain herein by this act conferred is
unable to agree with the owner or
owners of any such spring, running
stream, or other watercourse, or with
any such riparian owner or owners, or
with the owners of any such land nec-
essary for rights-of-way for pipe lines
or sites for reservoirs, pumping stations
and filtering plants, or such person or
company having waterworks or water
works property or other properties nec-
essary to be taken and condemned, as
to the amount of compensation that
shall be paid for the same, as herein
provided, the proceeding for condemn
ing such springs, running streams, or
other water courses, or such riparian
rights, or such rights-of- way for pipe
lines or such waterworks plant or sys-
tenn or other properties and for fixing
said compensation, shall be the same
in all respects as provided in the code
of Tennessee from section 1926 to sec.
ton 134S, inclusive, being sections lS45
to 1857, inclusive, of Shannon's compi.
pilation of the laws of Tennessee, which
have been or which may be hereinafter
acted governing the exercise of the
rights of eminent domain.
SectionH.
Be il further enacted, That this act
take effect from and after its passage,
the public welfare requiring it.
Passed April 26, 1911.
A. M. LEACH,
Speaker House Representatives
N. BAXTER, Jr.,
Speaker of the Senate.
Approved June 27, 1911.
BEN W. HOOPER,
Governor.
A true copy.
Attest.