reglab/housing_qa huggingface dataset:
TN Code § 29-16-101 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-101. Power for Internal Improvements

 Any person or corporation authorized by law to construct any railroad, turnpike, canal, toll bridge, road, causeway, or other work of internal improvement to which the like privilege is conceded, may take the real estate of individuals, not exceeding the amount prescribed by law, or by the charter under which the person or corporation acts, in the manner and upon the terms herein provided.   Code 1858, § 1325; Shan., § 1844; Code 1932, § 3109; T.C.A. (orig. ed.), § 23-1401.
TN Code § 29-16-102 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-102. Incorporation of Chapter Into Other Laws

  This chapter shall be deemed, unless expressly stated to the contrary, and without incorporation or reference, to be a part of every section, or legislative act, present or future, which grants the power of such condemnation.   The making of compensation for such a taking, as therein set forth, shall also be so implied.    Code 1932, § 3133; T.C.A. (orig. ed.), § 23-1402.
TN Code § 29-16-103 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-103. Property of Corporations

 The operation of this chapter is extended so that the same shall apply to and include the condemnation and taking of property, privileges, rights, or easements of private corporations for public purposes or internal improvements.
TN Code § 29-16-104 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-104. Petition

 The person seeking to appropriate such land shall file a petition in the circuit court of the county in which the land lies, setting forth, in substance:   The parcel of land or rights therein or incident thereto a portion of which is wanted, and the extent wanted;   The name of the owner of such land or rights, or, if unknown, stating the fact;   The object for which the land, etc., is wanted; and   A prayer that a suitable portion of land or rights may be decreed to the petitioner, and set apart by metes and bounds, or other proper mode.    Code 1858, § 1326; Shan., § 1845; mod. Code 1932, § 3110; T.C.A. (orig. ed.), § 23-1404.
TN Code § 29-16-105 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-105. Notice of Petition

  Notice of this petition, together with a copy thereof, shall be given to the owner of the land or rights, or, if a nonresident of the county, to the landownder's agent, at least five (5) days before its presentation.   If the owner is a nonresident of the state or unknown, notice shall be given by publication, as provided in this Code in similar cases in chancery.    Code 1858, §§ 1327, 1328; Shan., §§ 1846, 1847; mod. Code 1932, §§ 3111, 3112; Acts 1959, ch. 194, § 1; T.C.A. (orig. ed.), § 23-1405.
TN Code § 29-16-106 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-106. Parties Defendant

 All parties having any interest in any way in such land or rights may be made defendants, and the proceedings shall only cover and affect the interest of those who are actually made parties, unborn remaindermen being, however, bound by proceedings to which all living persons in interest are parties.   Code 1858, § 1329; Shan., § 1848; mod. Code 1932, § 3113; T.C.A. (orig. ed.), § 23-1406.
TN Code § 29-16-108 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-108. Constitution of Jury

 The jury will consist of five (5) persons, unless the parties agree upon a different number, and either party may challenge, for cause or peremptorily, as in other civil cases.   Code 1858, § 1334 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., § 1853; Code 1932, § 3118; T.C.A. (orig. ed.), § 23-1408.
TN Code § 29-16-109 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-109. Qualifications of Jurors

 The jurors shall not be interested in the same or a similar question, and shall possess the qualifications of other jurors, and may be nominated by the court, selected by consent of parties, or summoned by the sheriff.   Code 1858, § 1332 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., § 1851; Code 1932, § 3116; T.C.A. (orig. ed.), § 23-1409.   Collateral References.   Zoning scheme, plan, or ordinance as temporary taking. 55 A.L.R.6th 635.   Eminent domain 215.
TN Code § 29-16-110 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-110. Substitution of Jurors

 If named by the court, and the persons named are unable to attend when summoned, the place of such persons shall be supplied by the sheriff.   Code 1858, § 1333; Shan., § 1852; Code 1932, § 3117; T.C.A. (orig. ed.), § 23-1410.
TN Code § 29-16-111 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-111. Notice of Inquest

 The sheriff shall give the parties or their agents, if residents of the county, three (3) days' notice of the time and place of taking the inquest, unless the time has been fixed by the order of court.   Code 1858, § 1335; Shan., § 1854; Code 1932, § 3119; T.C.A. (orig. ed.), § 23-1411.
TN Code § 29-16-112 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-112. Swearing of Jury

 The jury, before proceeding to act, shall be sworn by the sheriff, fairly and impartially, without favor or affection, to lay off, by metes and bounds, the land required for the proposed improvement, and to inquire and assess the damages.   Code 1858, § 1336; Shan., § 1855; Code 1932, § 3120; T.C.A. (orig. ed.), § 23-1412.
TN Code § 29-16-113 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-113. Investigation by Jury

  The jury will then proceed to examine the ground, and may hear testimony, but no argument of counsel, and set apart, by metes and bounds, a sufficient quantity of land for the purposes intended, and assess the damages occasioned to the owner thereby.   In condemning rights-of-way for telegraph and telephone companies, or riparian rights, the juries shall not be required to lay off the property, privileges, rights, or easements included in the petition, or sought to be condemned, by metes and bounds; and, in such cases, it shall be discretionary with such juries whether they will view the premises or not.    Code 1858, § 1337; Acts 1885, ch. 135; Shan., §§ 1856, 1870; mod. Code 1932, §§ 3121, 3136; T.C.A. (orig. ed.), § 23-1413.
TN Code § 29-16-115 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-115. Return of Jury's Report

 The report of the jury shall be reduced to writing, signed by a majority of the jurors, delivered to the sheriff, and by the sheriff returned into court.   Code 1858, § 1339; Shan., § 1858; Code 1932, § 3123; T.C.A. (orig. ed.), § 23-1415.
TN Code § 29-16-116 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-116. Confirmation of Report

 If no objection is made to the report, it is confirmed by the court, and the land decreed to the petitioner, upon payment to the defendants, or to the clerk for their use, of the damages assessed, with costs.   Code 1858, § 1340 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., § 1859; Code 1932, § 3124; T.C.A. (orig. ed.), § 23-1416.
TN Code § 29-16-117 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-117. Setting Aside Report

 Either party may object to the report of the jury, and the same may, on good cause shown, be set aside, and a new writ of inquiry awarded.   Code 1858, § 1341 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., § 1860; Code 1932, § 3125; T.C.A. (orig. ed.), § 23-1417.
TN Code § 29-16-118 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-118. Appeal

  Either party may also appeal from the finding of the jury, and, on giving security for the costs, have a trial anew, before a jury in the usual way.   In all cases where the right to condemn is not contested and the sole question before the jury is that of damages the property owner shall be entitled to open and close the argument before the court and jury.   The time within which either party may appeal from the finding of the jury of view shall be forty-five (45) days from the date of the entry of the court's order confirming the report of the jury of view.    Code 1858, § 1342; Shan., § 1861; Code 1932, § 3126; Acts 1953, ch. 71, § 1; 1968, ch. 615, § 1; T.C.A. (orig. ed.), § 23-1418.
TN Code § 29-16-119 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-119. Costs on Appeal

 If the verdict of the jury, upon the trial, affirms the finding of the jury of inquest, or is more unfavorable to the appellant than the finding of such jury, the costs shall be adjudged against such appellant; otherwise the court may award costs as in chancery cases.   Code 1858, § 1343 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., § 1862; Code 1932, § 3127; T.C.A. (orig. ed.), § 23-1419.
TN Code § 29-16-120 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-120. Operations Pending Appeal

 The taking of an appeal does not suspend the operations of the petitioner on the land; provided such petitioner will give bond with good security, to be approved by the clerk, in double the amount of the assessment of the jury of inquest, payable to the defendants, and conditioned to abide by and perform the final judgment in the premises.   Code 1858, § 1344 (deriv. Acts 1853-1854, ch. 90, § 14); Shan., § 1863; Code 1932, § 3128; T.C.A. (orig. ed.), § 23-1420.   Law Reviews.   State Constitutional Issues Arising from Tort Reform (Andy D. Bennett), 40 No. 2 Tenn. B.J. 27(2004).
TN Code § 29-16-121 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-121. Preliminary Surveys

 A person or company actually intending to make application for the privileges herein contemplated, and entering upon the land of another for the purpose of making the requisite examinations and surveys, and doing no unnecessary injury, is liable only for the actual damage done, and, if sued in such case, the plaintiff shall recover only as much costs as damages.   Code 1858, § 1345; Shan., § 1864; Code 1932, § 3129; T.C.A. (orig. ed.), § 23-1421.
TN Code § 29-16-122 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-122. Prerequisites to Occupation

 No person or company shall, however, enter upon such land for the purpose of actually occupying the right-of-way, until the damages assessed by the jury of inquest and the costs have been actually paid; or if an appeal has been taken, until the bond has been given to abide by the final judgment as provided in § 29-16-120.   Code 1858, § 1346; Shan., § 1865; Code 1932, § 3130; C. Supp. 1950, § 3130; T.C.A. (orig. ed.), § 23-1422.   Law Reviews.   Real Property — 1955 Tennessee Survey (Wade H. Sides, Jr.), 8 Vand. L. Rev. 1110.
TN Code § 29-16-123 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-123. Action Initiated by Owner

  If, however, such person or company has actually taken possession of such land, occupying it for the purposes of internal improvement, the owner of such land may petition for a jury of inquest, in which case the same proceedings may be had, as near as may be, as hereinbefore provided; or the owner may sue for damages in the ordinary way, in which case the jury shall lay off the land by metes and bounds and assess the damages, as upon the trial of an appeal from the return of a jury of inquest.   Additionally, the court rendering a judgment for the plaintiff in a proceeding brought under subsection (a), arising out of a cause of action identical to a cause of action that can be brought against the United States under 28 U.S.C. § 1346(a)(2) or § 1491, or the attorney general or chief legal officer of a political subdivision of the state effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement such sum as will in the opinion of the court, or the attorney general or chief legal officer of a political subdivision of the state reimburse such plaintiff for reasonable costs, disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceeding.    Code 1858, § 1347; Shan., § 1866; Code 1932, § 3131; Acts 1972, ch. 463, § 3; T.C.A. (orig. ed.), § 23-1423.
TN Code § 29-16-124 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-124. Limitation of Owners' Actions

 All actions that could be brought under § 29-16-123(a), regardless of the cause of action or remedy sought, including actions for trespass or nuisance, shall be commenced within twelve (12) months after the land has been actually taken possession of, and the work of the proposed internal improvement begun; saving, however, to unknown owners and nonresidents, twelve (12) months after actual knowledge of such occupation, not exceeding three (3) years, and saving to persons under the disabilities of infancy and unsoundness of mind, twelve (12) months after such disability is removed, but not exceeding ten (10) years.   Code 1858, § 1348 (deriv. Acts 1849-1850, ch. 72, § 9; 1855-1856, ch. 132, §§ 10, 11); Shan., § 1867; mod. Code 1932, § 3132; T.C.A. (orig. ed.), § 23-1424; Acts 2015, ch. 275, § 1.
TN Code § 29-16-125 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-125. Compensation of Jurors — Limitation on Compulsive Service

  The courts having jurisdiction of eminent domain proceedings are hereby authorized and empowered to fix the per diem of jurors who serve as members of juries of view in an amount not exceeding ten dollars ($10.00) per day, and the courts shall have no power or authority to fix an additional amount of remuneration for such jurors.    Provisions of this section relating to compensation shall not repeal or apply to jurors in any county or counties wherein the per diem of jurors of view is fixed in an amount less than ten dollars ($10.00) per day by any private act or acts heretofore or hereafter passed.   In counties of this state having a population of not less than two hundred thousand (200,000) according to the federal population census of 1960 or any subsequent federal population census, the amount shall not exceed one hundred dollars ($100) per day; provided, that by majority vote of the county legislative body occurring prior to January 1, 1998, such amount may be alternatively set at a level not to exceed twenty-five dollars ($25.00) per day.     No person shall be compelled to serve as a member of a jury of view more often than once every two (2) years.
TN Code § 29-16-126 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 1 - General Provisions|§ 29-16-126. Hospitals — Eminent Domain Powers

  In any counties of this state having a population of not less than one hundred thousand (100,000) nor more than one hundred fifty thousand (150,000) according to the federal census of 1960 or any subsequent federal census, any hospital incorporated as a general welfare corporation under the laws of the state of Tennessee shall have the power of eminent domain and shall have the right and authority to condemn such lands, property, property rights, privileges and easements of others as may in the judgment of its board of directors, together with the concurrence of two thirds (2/3) of the members of the governing body of the municipality in which such hospital is located or in the event such hospital is located outside the boundaries of an incorporated municipality then together with the concurrence of two thirds (2/3) of the county legislative body of the county of location, be deemed necessary or proper for the purpose of providing buildings and other facilities, including any extension, enlargement or improvement for hospital purposes only.   The land or property sought to be condemned must be adjacent and contiguous to the property upon which such hospital is presently located and not across any street.
TN Code § 29-16-201 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 2 - Determination of Damages|§ 29-16-201. Determining Appraised Value of Property Damaged by Governmental Entity

 Notwithstanding law to the contrary, in any case where a governmental entity accidentally or negligently causes substantial property damage, the appraised value recorded by the assessor of property for the year in which the damage occurred, divided by the state approved appraisal ratio for the county, shall be admissible into evidence as to the value of such property if such property owner:   Had no prior notice or knowledge that such damages would occur; and   Did not have a reasonably current appraisal preexisting the date of the property damage.
TN Code § 29-16-202 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 16 - Eminent Domain|Part 2 - Determination of Damages|§ 29-16-202. Writ of Inquiry of Damages

  After the requisite notice has been given, if no sufficient cause to the contrary is shown, the court shall issue a writ of inquiry of damages to the sheriff, commanding the sheriff to summon a jury to inquire and assess the damages.   By consent of parties, or on application of the plaintiff, unless objection is made by the defendant, the writ of inquiry may be issued by the clerk, as of course, after service of notice, on which the sheriff will summon the jury.    Code 1858, §§ 1330, 1331; Shan., §§ 1849, 1850; Code 1932, §§ 3114, 3115; T.C.A. (orig. ed.), § 23-1407; T.C.A. § 29-16-107; Acts 2014, ch. 927, § 3.
TN Code § 29-17-101 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 17 - Eminent Domain by Public Agencies|Part 1 - Power and Use of Eminent Domain — General Provisions|§ 29-17-101. Legislative Intent

 It is the intent of the general assembly that the power of eminent domain shall be used sparingly, and that laws permitting the use of eminent domain shall be narrowly construed so as not to enlarge, by inference or inadvertently, the power of eminent domain.
TN Code § 29-17-102 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 17 - Eminent Domain by Public Agencies|Part 1 - Power and Use of Eminent Domain — General Provisions|§ 29-17-102. Part Definitions

 As used in this part, unless the context otherwise requires:   “Eminent domain” means the authority conferred upon the government, and those entities to whom the government delegates such authority, to condemn and take, in whole or in part, the private property of another, so long as the property is taken for a legitimate public use in accordance with the fifth and fourteenth amendments to the United States Constitution, the Constitution of Tennessee, Art. I, § 21, and chapter 863 of the Public Acts of 2006; and   “Public use” shall not include either private use or benefit, or the indirect public benefits resulting from private economic development and private commercial enterprise, including increased tax revenue and increased employment opportunity, except as follows:  The acquisition of any interest in land necessary for a road, highway, bridge, or other structure, facility, or project used for public transportation;   The acquisition of any interest in land necessary to the function of a public or private utility, a governmental or quasi-governmental utility, a common carrier, or any entity authorized to exercise the power of eminent domain under title 65;   The acquisition of property by a housing authority or community development agency to implement an urban renewal or redevelopment plan in a blighted area, as authorized by title 13, chapter 20, part 2 or title 13, chapter 21, part 2; or   Private use that is merely incidental to a public use, so long as no land is condemned or taken primarily for the purpose of conveying or permitting the incidental private use.   [Deleted by 2017 amendment.]
TN Code § 29-17-103 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 17 - Eminent Domain by Public Agencies|Part 1 - Power and Use of Eminent Domain — General Provisions|§ 29-17-103. Preemption

 In event of a conflict between this part and any other statutes granting the authority to use the power of eminent domain by government entities, or those entities to whom the government delegates such authority, this part shall control and shall be construed to protect the private property rights of individuals and businesses, such that private property may only be condemned and taken for legitimate public use as defined in § 29-17-102.
TN Code § 29-17-104 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 17 - Eminent Domain by Public Agencies|Part 1 - Power and Use of Eminent Domain — General Provisions|§ 29-17-104. Condemnation Proceedings

  Notwithstanding any law to the contrary, in any condemnation proceedings initiated in this state:  Notice of the filing of a petition to institute condemnation proceedings shall be given to each respondent at least thirty (30) days prior to the taking of any additional steps in the case. If the respondent is unknown, is a nonresident of the state, or cannot be found, notice shall be given by publication, which shall be made in the same manner as provided by law for similar situations in chancery court; and    After the expiration of thirty (30) days from the date of the giving of notice, if the right to take has not been challenged in an answer, the condemner shall have the right to take possession of the property or property rights sought to be condemned; and   If the right to take is challenged in an answer within thirty (30) days from the date of the giving of  notice, the court shall promptly determine, as a matter of law, whether the condemner has the right to take the property or property rights sought to be condemned. If the court determines that the condemner has the right to take, the condemner shall thereupon have the right to take possession thereof.       When a condemner has the right to take possession of property or property rights, if necessary, the court shall issue a writ of possession to the sheriff of the county to put the condemner in possession. The writ may be issued prior to a trial on the damages.