reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 2 - COUNTIES (§§ 29-17-201 — 29-17-203) › Section 29-17-203 - Taking bridge property pending litigation

Pending the assessment of damages or any litigation in regard thereto, in any case of authorized taking and condemnation, the counties may give bond, with good and sufficient security payable to the owner or owners of such lands, property, buildings, riparian, or property rights, privileges, or easements, to pay promptly to the owner or owners any amount of damages which may be assessed by the jury as provided for in §
29-17-202
; and, upon executing and filing such bond, may thereupon take such lands, property, buildings, riparian and property rights and privileges and easements.
Acts 1907, ch. 583, § 5; Shan., § 1880a27; mod. Code 1932, § 3161; T.C.A. (orig. ed.), § 23-1503; T.C.A. §
29-17-103
; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 3 - MUNICIPALITIES (§§ 29-17-301 — 29-17-302) › Section 29-17-301 - Powers of municipalities

All municipal corporations are empowered to take and condemn lands, property, property rights, privileges and easements of others for the purpose of constructing, laying, repairing, or extending sewers, water pipes, natural gas mains and pipes, or drainage ditches, both within and beyond the corporate limits of such cities, and of acquiring ingress and egress in the construction, repairing or maintenance thereof, and in making connection thereto; such property or interest in such property may be so acquired whether or not the same is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purpose; provided, that such prior public use will not be interfered with by this use.
Acts 1917, ch. 31, § 1; Shan. Supp., § 1880a27b1; mod. Code 1932, § 3162; Acts 1951, ch. 219, § 1; T.C.A. (orig. ed.), § 23-1504; Acts 2000, ch. 726, § 2; T.C.A. §
29-17-201
; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 3 - MUNICIPALITIES (§§ 29-17-301 — 29-17-302) › Section 29-17-302 - Procedure by municipalities

The compensation for damages in taking such lands, property, property rights, privileges, and easements shall be paid by such municipalities, and same shall be condemned and determined in the mode and manner provided by §§
7-31-108
- 7-31-111, and the rights and powers contained in such sections are extended to and conferred upon all of the municipal corporations.
Acts 1917, ch. 31, § 2; Shan. Supp., § 1880a27b2; mod. Code 1932, § 3163; T.C.A. (orig. ed.), § 23-1505; T.C.A. §
29-17-202
; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 4 - UNIVERSITY OF TENNESSEE (§ 29-17-401) › Section 29-17-401 - University of Tennessee

(a)
The University of Tennessee has the power to condemn and appropriate such lands, property, property rights, privileges and easements of others as in the judgment of its board of trustees, or the executive committee thereof, may be necessary or proper for the purpose of providing buildings and other facilities, building sites, campus grounds, commons, streets, walkways, rights-of-way for utilities and other improvements, and for any extension, enlargement or improvement thereof, for the use and operation of such university and its various units and branches throughout the state.
(b)
The compensation for damages in taking of such lands, property, property rights, privileges, and easements shall be paid by such university, and the same shall be condemned and determined in the mode and manner provided in chapter 16 of this title.
Acts 1929, ch. 9, § 1; mod. Code 1932, § 3170; Acts 1957, ch. 349, § 1; 1959, ch. 204, § 1; 1978, ch. 912, § 1; T.C.A. (orig. ed.), § 23-1506; T.C.A. §
29-17-301
; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 5 - HOUSING AUTHORITIES (§§ 29-17-501 — 29-17-504) › Section 29-17-501 - Housing authorities - Declaration of taking

(a)
No sooner than thirty (30) days after the filing of a petition by a housing authority, created pursuant to the Housing Authorities Law, compiled in title 13, chapter 20, or any other law of this state, for condemnation of property, and before the entry of final judgment, a housing authority may file with the clerk of the court in which the petition is filed a declaration of taking signed by the duly authorized officer or agent of the housing authority, declaring that all or any part of the property described in the petition is being taken for the use of the housing authority.
(b)
The declaration of taking shall be sufficient if it sets forth:
(1)
A description of the property, sufficient for the identification thereof, to which there may be attached a plat or map thereof;
(2)
A statement of the estate or interest in such property being taken; and
(3)
A statement of the sum of money estimated by the housing authority to be just compensation for the property taken, which sum shall be not less than the last assessed valuation for tax purposes of the estate or interest in the property to be taken.
Acts 1937, ch. 183, § 1; C. Supp. 1950, § 3130; T.C.A. (orig. ed.), § 23-1507; T.C.A. §
29-17-401
; Acts 2006, ch. 863, §§ 1, 16.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 5 - HOUSING AUTHORITIES (§§ 29-17-501 — 29-17-504) › Section 29-17-502 - Withdrawal of petition

At any time prior to the vesting of title to property in the housing authority, the authority may withdraw or dismiss its petition with respect to any and all of the property therein described.
Acts 1937, ch. 183, § 1; C. Supp. 1950, § 3130; T.C.A. (orig. ed.), § 23-1508; T.C.A. § 29-17-402; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 5 - HOUSING AUTHORITIES (§§ 29-17-501 — 29-17-504) › Section 29-17-503 - Vesting of title - Surrender of possession

(a)
From the filing of the declaration of taking and the deposit in court to the use of the persons entitled thereto of the amount of the estimated compensation stated in the declaration, title to the property described as being taken by the declaration shall vest in the housing authority, free from the right, title, interest or lien of all parties to the cause, and such property shall be deemed to be condemned and taken for the use of the housing authority, and the right to just compensation for the same shall vest in the persons entitled thereto.
(b)
Upon the filing of the declaration of taking, the court shall designate a day, not exceeding twenty (20) days after such filing, except upon good cause shown, on which the persons in possession shall be required to surrender possession to the authority.
Acts 1937, ch. 183, § 1; C. Supp. 1950, § 3130; T.C.A. (orig. ed.), § 23-1509; T.C.A. § 29-17-403; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 5 - HOUSING AUTHORITIES (§§ 29-17-501 — 29-17-504) › Section 29-17-504 - Determination and payment of compensation

(a)
The ultimate amount of compensation shall be determined pursuant to chapter 16 of this title.
(b)
In the event a housing authority files a declaration of taking and pays into court an amount estimated to be fair compensation for such property as provided in §§
29-17-501
and
29-17-503
, the property owner shall have the right to make written request to the clerk of the court wherein such funds have been deposited, to pay to such property owner without prejudice to any of the property owner's rights, the sum so deposited with the clerk, and the clerk shall pay to the owner the sum so deposited; provided the owner agrees to refund the difference between such sum and the final award in the case if the final award be less than the sum so paid into court or that a judgment may be entered against the owner in such case for the difference. Such payment to the property owner or into court shall in nowise limit or fix the amount to be allowed under subsequent proceedings in such case, and any further or additional sum that may be finally awarded in any subsequent proceedings shall bear interest from the date of taking possession of the property or property rights condemned by the condemner; provided, that no interest shall be allowed on the amount deposited with the clerk. The clerk shall be authorized to disburse the deficiency to the defendants as their interests may appear.
(c)
In the event the housing authority shall not obtain possession of the property on the date of vesting of title, the ultimate amount of compensation, including any interest paid on the deficiency award, if any, shall be subject to abatement for use, income, rents, or profits derived from such property by the owner thereof subsequent to the vesting of title in the housing authority, and any funds disbursed shall be less the amount of abatement.
Acts 1937, ch. 183, § 1; C. Supp. 1950, § 3130; Acts 1968, ch. 614, § 1; T.C.A. (orig. ed.), § 23-1510; T.C.A. § 29-17-404; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 6 - COAST AND GEODETIC SURVEYS (§§ 29-17-601 — 29-17-602) › Section 29-17-601 - Coast and geodetic survey

Any person employed under an act of congress of the United States, passed on August 6, 1947, and of the supplements thereto, or under the direction of congress, to provide charts and related information for the safe navigation of marine and air commerce and for other purposes, may enter upon lands within this state for the purpose of exploring, triangulating, leveling, surveying, and of doing any other act which may be necessary to carry out the objects of such laws, and may erect any works, stations, buildings, and appendages requisite for that purpose, doing no unnecessary injury thereby.
Acts 1877, ch. 24, § 1; Shan., § 1877; Code 1932, § 3142; modified; T.C.A. (orig. ed.), § 23-1511; T.C.A. §
29-17-501
; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 6 - COAST AND GEODETIC SURVEYS (§§ 29-17-601 — 29-17-602) › Section 29-17-602 - Damages payable by geodetic survey

If the person over whose lands the survey has been made, or upon whose lands monuments, stations, or buildings have been erected, or who has in any way sustained damage by such survey, cannot agree with the officer of the survey as to the damage sustained, the amount of such damage may be ascertained in the manner provided for the taking of private property for public uses.
Acts 1877, ch. 24, § 2; Shan., § 1878; mod. Code 1932, § 3143; T.C.A. (orig. ed.), § 23-1512; T.C.A. §
29-17-502
; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 7 - ACTION IN REM (§§ 29-17-701 — 29-17-713) › Section 29-17-701 - Action in rem - Title uncertain

(a)
Whenever the state of Tennessee or any county therein or the United States shall desire to take or damage private property in pursuance of any law so authorizing, and shall find or believe that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete or in controversy; or that there are or may be persons unknown or nonresidents who have or may have some claim or demand thereon, or some actual or contingent interest or estate therein; or that there are minors or persons under disability who are or may be interested therein; or that there are taxes due or that should be paid thereon; or shall, for any reason, conclude that it is desirable to have a judicial ascertainment of any question connected with the matter; the state, county or the United States as the condemner, through any authorized representative, either in term time or vacation, may petition the circuit court of the county having jurisdiction, for a judgment in rem against such property, condemning the same to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment.
(b)
After the expiration of ten (10) days from the date the petition for condemnation is filed in the circuit court, the petitioner shall have the right to thereupon enter upon and take possession of the land sought to be condemned, and if necessary to place such petitioner in possession thereof, the clerk of the circuit court in which the petition is filed shall issue to the petitioner, upon request, a writ of possession directed to the sheriff of the county to put the petitioner into possession of the land.
Acts 1937, ch. 262, § 1; C. Supp. 1950, § 3170.1 (Williams, § 3171.1); T.C.A. (orig. ed.), § 23-1513; T.C.A. §
29-17-601
; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 7 - ACTION IN REM (§§ 29-17-701 — 29-17-713) › Section 29-17-702 - Contents of petition

(a)
The petition shall set forth the facts showing the right to condemn; the property to be taken or damaged, a full description of which shall be filed as an exhibit to the petition; the names and residences of the persons whose property or rights are to be taken or otherwise affected, so far as known; shall describe the persons or classes of persons unknown, whose rights therein are to be excluded or otherwise affected; shall set forth such other facts as are necessary for a full understanding of the cause; and shall pray for such judgment of condemnation as may be proper and desired.
(b)
If any of the persons referred to are minors or under disability, the facts shall be stated.
Acts 1937, ch. 262, § 2; C. Supp. 1950, § 3170.2 (Williams, § 3171.2); T.C.A. (orig. ed.), § 23-1514; T.C.A. §
29-17-602
; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 7 - ACTION IN REM (§§ 29-17-701 — 29-17-713) › Section 29-17-703 - Notice of hearing

(a)
The presiding judge may thereupon make an order requiring all persons concerned to appear at a time and place therein named, and make known their objections, if any, their rights, if any, their claims as to the value of the property or of their interest therein, and any other matters material to their respective rights, upon a day certain, not later than thirty (30) days after the issuance of process, which day shall be as early as may be convenient, having due regard to the necessities of notice, and shall in such order give appropriate directions for such notice and the service thereof.
(b)
Such process shall be returned within twenty (20) days after its issuance.
(c)
No service of a copy of the petition shall be necessary.
(d)
Upon the return of process by the sheriff, if it shall appear that any of the defendants cannot be found or that they are nonresidents of the state, publication shall be made for them in the same manner as provided in §§
21-1-203
- 21-1-205 for publications for nonresidents and parties unknown in chancery suits.
Acts 1937, ch. 262, § 3; C. Supp. 1950, § 3170.3 (Williams, § 3171.3); T.C.A. (orig. ed.), § 23-1515; T.C.A. § 29-17-603; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 7 - ACTION IN REM (§§ 29-17-701 — 29-17-713) › Section 29-17-704 - Parties bound - Defendants under disability

(a)
All parties having any interest or rights in such lands may be made defendants and proceedings shall only cover and affect the interest of those who are actually made parties, the unborn remaindermen being, however, bound by the proceedings to which all living persons in interest are parties.
(b)
If it shall appear that any of the parties defendant are minors or otherwise under disability, the presiding judge shall appoint a guardian ad litem to represent them, whose compensation shall be fixed by the court and taxed as a part of the costs.
Acts 1937, ch. 262, § 4; C. Supp. 1950, § 3170.4 (Williams, § 3171.4); T.C.A. (orig. ed.), § 23-1516; T.C.A. § 29-17-604; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 7 - ACTION IN REM (§§ 29-17-701 — 29-17-713) › Section 29-17-705 - Trial by jury

If no objection be made to the acquisition of the land, or in case there is an agreed price between the petitioner and the presumptive or apparent owners of the property, the trial may be had before a jury at the first term of court after the return date; and in the discretion of the presiding judge all questions of title may be tried by the same jury at the same time.
Acts 1937, ch. 262, § 5; C. Supp. 1950, § 3170.5 (Williams, § 3171.5); T.C.A. (orig. ed.), § 23-1517; T.C.A. § 29-17-605; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 7 - ACTION IN REM (§§ 29-17-701 — 29-17-713) › Section 29-17-706 - Jury of view

(a)
In case any party to the suit shall demand the appointment of a jury of view, the presiding judge shall appoint a jury of view as provided for in §§
29-16-108
- 29-16-110 and 29-16-202.
(b)
The order appointing the jury of view shall fix the date when they shall go upon the land; and in case no date is fixed, the sheriff shall give the parties or their agents, if residents of the county, three (3) days' notice of the time and place of going upon the land.
(c)
The method of conduct and procedure after the appointment of the jury of view shall comply with §§
29-16-112
- 29-16-119 and 29-16-203.
Amended by 2014 Tenn. Acts, ch. 927,s 11, eff. 5/16/2014.
Amended by 2014 Tenn. Acts, ch. 927,s 10, eff. 5/16/2014.
Acts 1937, ch. 262, § 6; C. Supp. 1950, § 3170.6 (Williams, § 3171.6); T.C.A. (orig. ed.), § 23-1518; T.C.A. § 29-17-606; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 7 - ACTION IN REM (§§ 29-17-701 — 29-17-713) › Section 29-17-707 - Procedure after demand for jury of view

(a)
On the day named in the rule, or at any other time to which the hearing may be continued, the court, having first passed on and adjudged all questions touching service and notice, shall, after hearing from all persons responding and desiring to be heard, make such order as to the appointment of a jury of view as provided in §
29-17-706
and give all persons interested equal rights in the selection thereof. If, by reason of conflicting interests or otherwise, such equality of right cannot be preserved, the judge presiding shall make such order on the subject as shall secure a fair and impartial assessment, or may, in the judge's discretion, order the issue tried in the first instance by a jury.
(b)
In any event, it shall be within the power of the court to hear such cause as speedily as may be consistent with justice and due process of law, and, if necessary, at the term at which it is filed, or the first term after filing.
Acts 1937, ch. 262, § 7; C. Supp. 1950, § 3170.7 (Williams, § 3171.7); T.C.A. (orig. ed.), § 23-1519; T.C.A. § 29-17-607; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 7 - ACTION IN REM (§§ 29-17-701 — 29-17-713) › Section 29-17-708 - Payment of taxes

It is the duty of any trustee or other officer charged with the collection of taxes, notified as required in §
29-17-703
, to make known to the court in writing the taxes due on the property, and the court shall give such direction as will satisfy the same and discharge the lien thereof.
Acts 1937, ch. 262, § 10; C. Supp. 1950, § 3170.10 (Williams, § 3171.10); T.C.A. (orig. ed.), § 23-1520; T.C.A. § 29-17-608; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 7 - ACTION IN REM (§§ 29-17-701 — 29-17-713) › Section 29-17-709 - Court control of proceedings

All questions of law arising upon the pleadings or in any other way arising from the cause may be passed on by the presiding judge, who may, from time to time, in term or vacation make such orders and give such directions as are necessary to speed the cause, and as may be consistent with justice and due process of law; but no jury trial shall be had except in open court, except the hearing before the jury of view.
Acts 1937, ch. 262, § 9; C. Supp. 1950, § 3170.9 (Williams, § 3171.9); T.C.A. (orig. ed.), § 23-1521; T.C.A. § 29-17-609; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 7 - ACTION IN REM (§§ 29-17-701 — 29-17-713) › Section 29-17-710 - Intervention or delayed pleadings

(a)
No provision contained in this part in reference to any rule or order, or time for responding thereto, shall be held or construed to exclude any person, as by way of default, from making known that person's right or claims in the property or in the fund arising therefrom within the time allowed.
(b)
Any such person claiming any interest or any rights therein may file appropriate pleadings or intervention at any time before verdict or award, and be fully heard thereon.
(c)
If any person, after judgment of condemnation, shall desire to come in and be heard on any claim to the fund or to any interest therein, the person shall be allowed to do so within not exceeding thirty (30) days.
(d)
After condemnation is had and the fund paid into the registry of the court, the petitioner shall not be concerned with or affected by any subsequent proceedings unless upon appeal from the verdict or award as allowed in §
29-17-706
.
Acts 1937, ch. 262, § 9; C. Supp. 1950, § 3170.9 (Williams, § 3171.9); T.C.A. (orig. ed.), § 23-1522; T.C.A. § 29-17-610; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 7 - ACTION IN REM (§§ 29-17-701 — 29-17-713) › Section 29-17-711 - Award and judgment

(a)
The award or verdict, as the case may be, shall have respect, either to the entire and unencumbered fee, or to any separate claim against the property or interest therein as may be ordered, and may be molded under the direction of the court so as to do complete justice and avoid confusion of interests.
(b)
It shall be within the power of the court, upon payment of the award or verdict into the registry of the court, to adjudge a condemnation of the title as sought in the petition, and give such direction as to the disposition of the fund as shall be proper, according to the rights of the several defendants, causing such pleadings to be filed and such issues made up as shall be appropriate for an ascertainment and determination of such rights.
Acts 1937, ch. 262, § 8; C. Supp. 1950, § 3170.8 (Williams, § 3171.8); T.C.A. (orig. ed.), § 23-1523; T.C.A. § 29-17-611; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 7 - ACTION IN REM (§§ 29-17-701 — 29-17-713) › Section 29-17-712 - Recording of decree

(a)
When such condemnation is fully completed, the award, whether made by a jury of view or the verdict of a jury, together with the decree of the court based thereon and a minute description of the property or interest condemned, or a duly certified copy of such award, decree and description, may be filed and recorded in the records of deeds in the office of the register of the county where the land so condemned lies, and if the land lies in more than one (1) county, such filing and recording may be made in each county in which such land lies.
(b)
The register shall be entitled to the same fees for such filing and recording as are now, or may hereafter be, allowed by law for the filing and recording of deeds; such fees to be paid by the party in whose favor such condemnation is had.
Acts 1937, ch. 262, § 11; C. Supp. 1950, § 3170.9 (Williams, § 3171.11); T.C.A. (orig. ed.), § 23-1524; T.C.A. § 29-17-612; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 7 - ACTION IN REM (§§ 29-17-701 — 29-17-713) › Section 29-17-713 - Provisions supplemental

This part shall not be construed as repealing any provisions of other statutes prescribing a method of procedure for the condemnation of private property, but as supplementary thereto and cumulative thereof in cases in which the state or any county or the United States is concerned, and is intended to make simpler and more effective the method of condemnation in those cases where conflicting interests or doubtful questions render a judicial supervision of the procedure desirable. In all particulars not otherwise herein specially provided for, the court shall conform its procedure as nearly as may be to the provisions of the statute and the same shall remain in force.
Acts 1937, ch. 262, § 11; C. Supp. 1950, § 3170.11 (Williams, § 3171.11); T.C.A. (orig. ed.), § 23-1525; T.C.A. § 29-17-613; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 8 - PAYMENTS INTO COURT (§§ 29-17-801 — 29-17-802) › Section 29-17-801 - Payments into court at commencement of condemnation proceedings

(a)
When a governmental entity or other person or entity with the power of eminent domain deems it necessary to condemn any property or property rights pursuant to this chapter or chapter 16 of this title, it shall deposit the amount determined by the required appraisal with the clerk of the circuit court having jurisdiction in the county in which the property or property rights, or a portion of the property or property rights, is located, and shall file a petition in the court asking that the property or property rights be condemned and decreed to the condemner.
(b)
The payment into court shall in no way limit or fix the amount to be allowed under subsequent proceedings in such case, and any further or additional sum that may be finally awarded in any subsequent proceedings shall bear interest from the date of the taking of possession of the property or property rights condemned by the condemner.
Acts 1957, ch. 298, § 1; 1967, ch. 20, § 1; T.C.A., § 23-1526; Acts 1981, ch. 525, §§ 1, 2; T.C.A. §
29-17-701
; Acts 2006, ch. 863, §§ 1, 21.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 8 - PAYMENTS INTO COURT (§§ 29-17-801 — 29-17-802) › Section 29-17-802 - Certain authorities excepted

Section
29-17-801
shall apply only to condemnation proceedings instituted by the state of Tennessee, its counties, or municipalities, and shall not apply to any housing authority, association, or administration.
Acts 1957, ch. 298, § 2; T.C.A., § 23-1527; T.C.A. §
29-17-702
; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 9 - SUPPLEMENTARY METHOD (§§ 29-17-901 — 29-17-914) › Section 29-17-901 - Eminent domain for state, county or municipal road purposes and for certain levee and drainage districts - Supplementary condemnation procedure for counties and municipalities

(a)
(1)
The state of Tennessee, its counties or municipalities are hereby authorized and empowered to acquire by the exercise of the power of eminent domain, in the manner hereinafter set out, such right-of-way, land, material, easements and rights as may be deemed necessary, suitable or desirable for the construction, reconstruction, maintenance, repair, drainage or protection of any street, road, highway, freeway or parkway by the official charged by law with the construction or maintenance of the same.
(2)
Levee and drainage districts located in counties with a population of not less than thirty thousand (30,000) nor more than thirty-one thousand (31,000) according to the 1970 federal census or any subsequent federal census, created pursuant to title 69, chapter 6, are hereby authorized and empowered to acquire by the exercise of the power of eminent domain, in the manner hereinafter set out, such right-of-way, land, material, easements and rights as may be deemed necessary, suitable or desirable to construct levees, ditches, drains or watercourses, or to straighten, widen, deepen, or change natural watercourses in such districts.
(b)
Sections
29-17-902
- 29-17-914 shall also 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 condemnation to counties and municipalities for county and municipal purposes respectively, and the making of compensation in the manner therein set forth shall also be so implied; provided, that either party, upon filing a statement to that effect within five (5) days of the service or publication of the original petition, may elect to proceed under chapter 16 of this title or this chapter.
Acts 1959, ch. 216, § 1; 1965, ch. 153, § 1; T.C.A., § 23-1528; Acts 1981, ch. 248, § 1; T.C.A. §
29-17-801
; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 9 - SUPPLEMENTARY METHOD (§§ 29-17-901 — 29-17-914) › Section 29-17-902 - Deposit of amount of damages

When a governmental entity or a levee or drainage district authorized to condemn by §
29-17-901(a)(2)
deems it necessary or desirable to condemn any property or property rights as set out in §
29-17-901
, it shall proceed to determine what it deems to be the amount of damages to which the owner is entitled because of the taking of such property or property rights, and shall deposit such amount with the clerk of the circuit or law court having jurisdiction in the county in which the same or a portion of the same is located, and shall file a petition in such court asking that the same be condemned and decreed to the condemner.
Acts 1959, ch. 216, § 2; T.C.A., § 23-1529; Acts 1981, ch. 248, § 2; T.C.A. §
29-17-802
; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 9 - SUPPLEMENTARY METHOD (§§ 29-17-901 — 29-17-914) › Section 29-17-903 - Payments into court at commencement of condemnation proceedings - Notice - Possession of property

(a)
When a governmental entity or other person or entity with the power of eminent domain deems it necessary to condemn any property or property rights pursuant to this chapter or chapter 16 of this title, it shall deposit the amount determined by the required appraisal with the clerk of the circuit court having jurisdiction in the county in which the property or property rights, or a portion of the property or property rights, is located, and shall file a petition in the court asking that the same be condemned and decreed to the condemner.
(b)
The payment into court shall in no way limit or fix the amount to be allowed under subsequent proceedings in the case, and any further or additional sum that may be finally awarded in any subsequent proceedings shall bear interest from the date of the taking of possession of the property or property rights condemned by the condemner.
(c)
Notice of the filing of such petition shall be given the owner of the property or property rights at least thirty (30) days prior to the taking of any additional steps in the case. If the owner is a nonresident of the state or unknown, notice shall be given by publication as provided by law in similar cases in chancery.
(d)
After the expiration of thirty (30) days from the date of the giving of such notice if the right to take is not questioned, the condemner shall have the right to take possession of the property or property rights sought to be condemned, and if necessary to place such condemner in possession thereof, the court shall issue a writ of possession to the sheriff of the county to put the condemner in possession.
Acts 1959, ch. 216, § 3; T.C.A., § 23-1530; T.C.A. § 29-17-803; Acts 2006, ch. 863, §§ 1, 17, 22, 23.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 9 - SUPPLEMENTARY METHOD (§§ 29-17-901 — 29-17-914) › Section 29-17-904 - Acceptance by property owner of amount deposited

If the owner is satisfied with the amount deposited by the condemner with the clerk of the court, the owner may file with the clerk a statement, duly sworn to, stating that the filer is the owner of the property or property rights described in the petition and that the owner accepts the amount deposited with the clerk as full settlement for the taking of such property or property rights and all damages occasioned to the residue of the property, and the clerk shall pay to the owner the amount deposited with the clerk, and the court, at its next term, shall enter a decree divesting the title to the property or property rights out of the owner and vesting the same in the condemner.
Acts 1959, ch. 216, § 4; T.C.A., § 23-1531; T.C.A. § 29-17-804; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 9 - SUPPLEMENTARY METHOD (§§ 29-17-901 — 29-17-914) › Section 29-17-905 - Trial when property owner does not accept deposit

If the owner is not satisfied with the amount assessed by the condemner, the owner shall, on or before the second day of the regular term of the court next, after the serving of such notice, appear, except to the amount assessed by the condemner, and thereupon a trial may be had before a petit jury as other civil actions are tried.
Acts 1959, ch. 216, § 5; T.C.A., § 23-1532; T.C.A. § 29-17-805; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 9 - SUPPLEMENTARY METHOD (§§ 29-17-901 — 29-17-914) › Section 29-17-906 - Payment of amount deposited pending trial

If the owner asks for a trial as provided by §
29-17-905
, the owner may, if desired, make written request to the clerk to pay to the owner, without prejudice to the rights of either party, the sum so deposited with the clerk, and the clerk shall pay to the owner the sum so deposited; provided the owner agrees to refund the difference between such sum and the final award in the case if the final award be less than the sum so paid to the owner or that a judgment may be entered against the owner in such case for the difference.
Acts 1959, ch. 216, § 6; T.C.A., § 23-1533; T.C.A. § 29-17-806; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 9 - SUPPLEMENTARY METHOD (§§ 29-17-901 — 29-17-914) › Section 29-17-907 - Default of owner - Case set for hearing

If the owner does not appear and accept the amount deposited by the condemner as provided in §
29-17-904
or does not appear and ask for a trial as provided by §
29-17-905
, then the petition shall be taken as confessed and the case set for hearing upon the record and in the absence of the owner.
Acts 1959, ch. 216, § 7; T.C.A., § 23-1534; T.C.A. § 29-17-807; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 9 - SUPPLEMENTARY METHOD (§§ 29-17-901 — 29-17-914) › Section 29-17-908 - Issues confined to amount of compensation - Determination of rights and interest of adverse claimants

The only issue or question that shall be tried upon exception shall be the amount of compensation to be paid for the property or property rights taken, but in case of adverse claimants of such compensation, the court may require the adverse claimants to interplead, so as to fully determine the rights and interests of such claimants.
Acts 1959, ch. 216, § 8; T.C.A., § 23-1535; T.C.A. § 29-17-808; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 9 - SUPPLEMENTARY METHOD (§§ 29-17-901 — 29-17-914) › Section 29-17-909 - Proper party defendant omitted - Amended petition

If any person who is proper party defendant in the petition shall have been omitted from the petition, amendments to the same may be filed, which amendments, from the filing of the same, shall have the same effect as though contained in such petition.
Acts 1959, ch. 216, § 9; T.C.A., § 23-1536; T.C.A. § 29-17-809; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 9 - SUPPLEMENTARY METHOD (§§ 29-17-901 — 29-17-914) › Section 29-17-910 - Manner of determining damages to which owner is entitled

In all instances the amount to which an owner is entitled shall be determined by ascertaining the fair cash market value of the property or property rights taken and adding to the same the amount of incidental damage done to the residue of the owner's property, if any, after deducting from the incidental damages to the residue the value of all special benefits, if any, occasioned such residue by the construction of such street, road, highway, levee, ditch, drain, watercourse improvement (when such levee, ditch, drain, or watercourse improvement is condemned pursuant to §
29-17-901(a)(2)
), freeway or parkway including, but not limited to, increased accessibility to the owner's property, greater convenience in the approach with vehicles, the advantages generally of a front on a more desirable roadway, better drainage, or increased attractiveness.
Acts 1959, ch. 216, § 10; T.C.A., § 23-1537; Acts 1981, ch. 248, § 3; T.C.A. § 29-17-810; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 9 - SUPPLEMENTARY METHOD (§§ 29-17-901 — 29-17-914) › Section 29-17-911 - Removal or destruction of a building or structure on land

When any building or structure is situated wholly or in part upon the land sought to be acquired, the condemner may remove the same to adjoining land of the owner or may divide the same upon the line between the land sought to be acquired and the adjoining land, or may tear down or otherwise dispose of the same.
Acts 1959, ch. 216, § 11; T.C.A., § 23-1538; T.C.A. § 29-17-811; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 9 - SUPPLEMENTARY METHOD (§§ 29-17-901 — 29-17-914) › Section 29-17-912 - Costs of trial

(a)
(1)
If the amount of compensation awarded at the trial shall exceed the amount assessed by the condemner and deposited with the clerk, then the bill of costs prepared by the clerk shall be taxed against the condemner. If the amount of compensation awarded at the trial is not in excess of the amount assessed by the condemner and deposited with the clerk, then the bill of costs prepared by the clerk may be taxed against the defendants.
(2)
Rule 54.04, the Tennessee Rules of Civil Procedure, shall govern the taxing of any additional costs.
(b)
(1)
Notwithstanding subsection (a), the state court having jurisdiction of a proceeding initiated by any person, agency or other entity to acquire real property for the purpose of a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation by condemnation shall tax the bill of costs prepared by the clerk against the condemner and shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for the owner's reasonable disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of condemnation proceedings, only if:
(A)
The final judgment is that the acquiring party cannot acquire the real property by condemnation; or
(B)
The proceeding is abandoned by the acquiring party.
(2)
Notwithstanding subsection (a), the state court having jurisdiction of a proceeding initiated by any person, agency, or other entity to acquire real property, which is not being acquired for a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation, by condemnation shall tax the bill of costs prepared by the clerk against the condemner and shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for the owner's reasonable disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of condemnation proceedings; provided, that reasonable attorney fees shall be awarded only if:
(A)
The final judgment is that the acquiring party cannot acquire the real property by condemnation; or
(B)
The proceeding is abandoned by the acquiring party.
Amended by 2017 Tenn. Acts, ch. 422,Secs.s5, s6 eff. 5/18/2017.
Acts 1959, ch. 216, § 12; 1972, ch. 463, § 2; 1973, ch. 140, § 1; T.C.A., § 23-1539; Acts 1994, ch. 931, § 1; T.C.A. § 29-17-812; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 9 - SUPPLEMENTARY METHOD (§§ 29-17-901 — 29-17-914) › Section 29-17-913 - Payment of judgments - Interest

(a)
All judgments rendered against a municipality, county or the state shall be paid out of the general funds of the municipality, county or state, whichever may be the condemner, together with interest at the rate of two percentage points (2%) greater than the prime loan rate established, as of the date of the taking, by the federal reserve system of the United States on any excess of the amount awarded an owner over the amount deposited with the clerk.
(b)
All judgments rendered against a levee or drainage district, which condemns property in accordance with §
29-17-901(a)(2)
, shall be paid from funds collected as provided in title 69, chapter 6, together with interest at the rate of six percent (6%) on any excess of the amount awarded an owner over the amount deposited with the clerk.
Acts 1959, ch. 216, § 13; T.C.A., § 23-1540; Acts 1981, ch. 248, §§ 4, 5; 1981, ch. 263, § 2; 1994, ch. 800, § 1; T.C.A. § 29-17-813; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 9 - SUPPLEMENTARY METHOD (§§ 29-17-901 — 29-17-914) › Section 29-17-914 - Provisions supplemental

This part is not intended to repeal any existing statute relating to eminent domain, but is intended to be an accumulative or supplementary method of acquiring property by eminent domain proceedings.
Acts 1959, ch. 216, § 14; T.C.A., § 23-1541; T.C.A. § 29-17-814; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 10 - MISCELLANEOUS PROVISIONS (§§ 29-17-1001 — 29-17-1005) › Section 29-17-1001 - Continuance of condemnation trial

In any case in which the state of Tennessee, its counties or municipalities exercise the power of eminent domain to acquire land for the construction, reconstruction, maintenance, repair, drainage or protection of any street, road, highway, freeway or parkway under this chapter and chapter 16 of this title or any other law, and the owner of the condemned property is not satisfied with the amount of damages offered, such owner may, upon motion filed with the proper court not less than ninety (90) days prior to the trial on the issue of damages, request that such trial be continued until the highway for which the land was condemned, or any work being done thereto, is completed. If the motion is timely and properly filed, it shall be granted.
Acts 1981, ch. 334, § 1; T.C.A. § 29-17-1201; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 10 - MISCELLANEOUS PROVISIONS (§§ 29-17-1001 — 29-17-1005) › Section 29-17-1002 - Evidence

If the trial of any such condemnation case is commenced prior to the completion of the highway for which the land was condemned, or any work being done thereto, maps, drawings or photographs of the land being condemned shall be admissible in evidence, provided the undertaking is substantially complete and such evidence would not misrepresent the same.
Acts 1981, ch. 334, § 1; T.C.A. § 29-17-1202; Acts 2006, ch. 863, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 17 - EMINENT DOMAIN BY PUBLIC AGENCIES (§§ 29-17-NEW — 29-17-1005) › Part 10 - MISCELLANEOUS PROVISIONS (§§ 29-17-1001 — 29-17-1005) › Section 29-17-1003 - Transfer of land acquired by eminent domain

(a)
Land acquired by eminent domain that the acquiring entity seeks to dispose of may be sold, leased or otherwise transferred to another public or quasi-public entity or to a private person, corporation or other entity; provided, that the entity transferring the land receives at least fair market value for the land.
(b)
Nothing in this section shall be construed to apply to or affect the disposal of the state's surplus interests in real property pursuant to §
12-2-112
.
Acts 2006, ch. 863, §§ 1, 4.