reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 3 - MANAGEMENT (§§ 54-12-301 — 54-12-322) › Section 54-12-306 - Contracts for improvements not to be made until after inspection, classifications, apportionment, and assessment of benefits

(a)
No contracts for improvements to be done in the road improvement district shall be made until after the commissioners provided for by part 2 of this chapter have made their inspection, classifications, and apportionment as directed in part 2 of this chapter, nor until the questions of classification and apportionment and assessment of benefits have been determined and settled by the monthly county court.
(b)
After the commissioners and the court have so acted, then the contracts may be made by the board of directors of the district.
Acts 1919, ch. 193, § 72; Shan. Supp., § 1682a86; Code 1932, § 2900; modified; T.C.A. (orig. ed.), § 54-1506.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 3 - MANAGEMENT (§§ 54-12-301 — 54-12-322) › Section 54-12-307 - Publication of notice of letting work of construction or improvement

(a)
Before entering into any contract for improvements, the board of directors of the improvement district shall cause notice to be given once a week for four (4) consecutive weeks in some newspaper published in the county in which the improvement is located, and additional publication elsewhere as the board may direct at the time and place of letting the work of construction of the improvement.
(b)
In the notice, the board shall specify the approximate amount of work to be done in each section, and the time fixed for the commencement and completion of the work.
Acts 1919, ch. 193, § 73; Shan. Supp., § 1682a87; Code 1932, § 2901; T.C.A. (orig. ed.), § 54-1507.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 3 - MANAGEMENT (§§ 54-12-301 — 54-12-322) › Section 54-12-308 - Contracts for sections of work or the whole may be let to the lowest responsible bidder - Rejection of bids and readvertisement

The board of directors shall award a contract or contracts for each section of the work to the lowest responsible bidder or bidders, or may award the contract as a whole to the lowest responsible bidder, exercising its own discretion as to the letting of the work as a whole or in sections, and reserving the right to reject any and all bids and readvertise the letting of the work.
Acts 1919, ch. 193, § 74; Shan. Supp., § 1682a88; Code 1932, § 2902; T.C.A. (orig. ed.), § 54-1508.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 3 - MANAGEMENT (§§ 54-12-301 — 54-12-322) › Section 54-12-309 - Deposit of bidders required

(a)
Each person bidding for the work shall deposit with the treasurer of the board of directors in cash or certified check a sum equal to ten percent (10%) of the amount of the bid, not in any event, however, to exceed ten thousand dollars ($10,000).
(b)
The deposit shall be returned to the bidder if the bid is not successful, or, if successful, to be retained as a guarantee only of the bidder's good faith in entering into the contract.
Acts 1919, ch. 193, § 75; Shan. Supp., § 1682a89; Code 1932, § 2903; T.C.A. (orig. ed.), § 54-1509.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 3 - MANAGEMENT (§§ 54-12-301 — 54-12-322) › Section 54-12-310 - Bond or cash deposit required of successful bidders

The successful bidder shall be required to execute a bond, with sufficient sureties, payable to the county, for the use and benefit of the improvement district, in an amount equal to twenty-five percent (25%) of the estimated cost of the work, so let or that amount may be deposited in cash with the treasurer of the board of directors as security for the performance of the contract, and upon the execution of the bond or the making of the deposit, the deposit originally made with the bid shall be returned.
Acts 1919, ch. 193, § 76; Shan. Supp., § 1682a90; Code 1932, § 2904; T.C.A. (orig. ed.), § 54-1510.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 3 - MANAGEMENT (§§ 54-12-301 — 54-12-322) › Section 54-12-311 - Engineer employed to supervise construction of improvement work - Compensation - Removal, and contract with another

(a)
The board of directors shall employ a competent engineer to have charge and supervision of the construction of the improvement work, contract for compensation for the engineer's services in a sum or at a rate that may be agreed upon, and to be paid as other expenses of the district.
(b)
The directors may remove the engineer and contract with another, if they see fit for any reason.
Acts 1919, ch. 193, § 77; Shan. Supp., § 1682a91; Code 1932, § 2905; T.C.A. (orig. ed.), § 54-1511.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 3 - MANAGEMENT (§§ 54-12-301 — 54-12-322) › Section 54-12-312 - Bond required of engineer

The board of directors shall require the engineer to give bond in a sum that it deems proper for the faithful performance of the engineer's duties, the bond to be payable to the county or state, for the use of the improvement district, and filed with the county clerk and recorded in the road improvement record.
Acts 1919, ch. 193, § 82; Shan. Supp., § 1682a96; Code 1932, § 2910; T.C.A. (orig. ed.), § 54-1512.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 3 - MANAGEMENT (§§ 54-12-301 — 54-12-322) › Section 54-12-313 - Compensation of engineers

An engineer employed by a board of directors of an improvement district to supervise the work, etc., shall be paid for services a salary or sums that may be agreed upon between the engineer and the board of directors.
Acts 1919, ch. 193, § 106; Shan. Supp., § 1682a120; Code 1932, § 2935; T.C.A. (orig. ed.), § 54-1513.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 3 - MANAGEMENT (§§ 54-12-301 — 54-12-322) › Section 54-12-314 - Contractor paid on basis of eighty percent of engineer's monthly estimate of amount of work done

The engineer in charge of the construction shall furnish to the contractor monthly estimates of the amount of work done on each section, and upon filing the estimates with the county clerk, the county mayor shall draw a warrant in favor of the contractor for eighty percent (80%) of the value of the work done according to the estimate.
Acts 1919, ch. 193, § 79; Shan. Supp., § 1682a93; Code 1932, § 2907; modified; T.C.A. (orig. ed.), § 54-1514; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 3 - MANAGEMENT (§§ 54-12-301 — 54-12-322) › Section 54-12-315 - Warrant to contractor for balance due on completion of work

When the work is completed to the satisfaction of the board of directors and the engineer, so certified by both, and the certificate is filed with the county clerk, then the county mayor shall draw a warrant in favor of the contractor for the balance due.
Acts 1919, ch. 193, § 80; Shan. Supp., § 1682a94; Code 1932, § 2908; T.C.A. (orig. ed.), § 54-1515; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 3 - MANAGEMENT (§§ 54-12-301 — 54-12-322) › Section 54-12-316 - Warrants drawn as ordinary warrants, but payable only out of improvement fund, and so stated upon their face

The warrants shall be drawn upon the county trustee or treasurer as ordinary county warrants are drawn, but shall be payable only out of the fund provided for the road improvement district, and shall so state upon their face.
Acts 1919, ch. 193, § 81; Shan. Supp., § 1682a95; Code 1932, § 2909; T.C.A. (orig. ed.), § 54-1516.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 3 - MANAGEMENT (§§ 54-12-301 — 54-12-322) › Section 54-12-317 - Contractor's failure to perform on contract forfeits cash deposit or gives recovery on bond

If any person to whom the work, or any portion of the work, in the improvement district has been let fails to perform the work according to the terms specified in the contract, then the cash deposit shall be forfeited for the benefit of the district and be paid into its fund; or if bond has been given by the contracting party so failing, then recovery of the damages sustained may be had by suit in the name of the payee in the bond for the use of the district, and the damage or judgment collected and paid into the fund of the district.
Acts 1919, ch. 193, § 114; Shan. Supp., § 1682a128; Code 1932, § 2943; T.C.A. (orig. ed.), § 54-1517.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 3 - MANAGEMENT (§§ 54-12-301 — 54-12-322) › Section 54-12-318 - Road overseer employed for protection of district - Compensation - Discharge and employment of another

(a)
After the main improvement in any road improvement district has been completed, the board of directors, if it deems necessary for the protection of the district, and for the proper maintenance of the efficiency of the improvement, may employ a competent person to look after and take care of the improvement.
(b)
The person so employed shall be designated road improvement overseer.
(c)
The board of directors shall contract with the overseer to perform the prescribed duties, define the duties of the overseer, and contract for the amount to be paid for the overseer's services.
(d)
The board of directors shall have the right, at any time, to discharge the overseer and employ another whenever, in its judgment, it is to the best interest of the district that it be done.
(e)
(1)
The compensation of the road overseer shall be paid out of any funds in the district, not needed for the payment of bonds and interest maturing, and other improvements that are to be made, during the year.
(2)
The payment shall be made as is provided for other payments under this chapter.
Acts 1919, ch. 193, § 78; Shan. Supp., § 1682a92; Code 1932, § 2906; T.C.A. (orig. ed.), § 54-1518.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 3 - MANAGEMENT (§§ 54-12-301 — 54-12-322) › Section 54-12-319 - Special assessment for a special fund for maintenance - Basis

(a)
At any time after the main improvement or improvements in any road improvement district have been completed, it shall be made to appear to the monthly county court, by the petition of the board of directors of the district, supported by satisfactory proof, that a special fund is needed for the purpose of maintaining the improvement, or for the purpose of keeping the fund effective to give full efficiency to the original purpose for which the district was created, the court shall have the power to make a special assessment, and collect a special assessment for the purpose named; but the amount assessed and collected shall not be in any one (1) year an amount in excess of ten cents (10¢) per acre on all the lands within the district.
(b)
The assessment shall be based upon the apportionment of the benefits, as made by the commissioners.
(c)
The assessment shall be collected at the same time, and in the same manner, as is provided for the collection of assessments in road improvement districts.
Acts 1919, ch. 193, § 120; Shan. Supp., § 1682a134; Code 1932, § 2949; modified; T.C.A. (orig. ed.), § 54-1519.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 3 - MANAGEMENT (§§ 54-12-301 — 54-12-322) › Section 54-12-320 - Special assessment a lien inferior to general assessment - Enforcement

(a)
The assessment shall be a lien upon the respective tracts of land upon which it is assessed, but inferior to the lien of the general assessment for the payment of bonds, interest, and administration charges.
(b)
The lien shall be enforced in the same manner as provided for the enforcements of liens in road improvement districts.
Acts 1919, ch. 193, § 121; Shan. Supp., § 1682a135; Code 1932, § 2950; T.C.A. (orig. ed.), § 54-1520.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 3 - MANAGEMENT (§§ 54-12-301 — 54-12-322) › Section 54-12-321 - Special maintenance fund - Disbursements - Manner

(a)
The amounts collected shall be a fund to be used for the purposes named, and shall be paid out for the purposes, on the order or warrant of the county mayor; but before payment is made, all accounts or claims for work done for the purposes named shall be approved by the board of directors of the district, by resolution or motion, spread of record on the minutes of the board.
(b)
A copy of the minutes shall be presented to the monthly county court, and approved by the court, and spread of record in the court on the road improvement record.
(c)
The payments in all respects shall be made as now provided by law for the paying out of road improvement funds.
Acts 1919, ch. 193, § 122; Shan. Supp., § 1682a136; Code 1932, § 2951; modified; T.C.A. (orig. ed.), § 54-1521; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 3 - MANAGEMENT (§§ 54-12-301 — 54-12-322) › Section 54-12-322 - Injury to, damage or obstruction of road unlawful - Penalty

(a)
It is unlawful for any person in any way to injure, damage, or obstruct the rights-of-way, roadbeds, side ditches, culverts, or bridges of the roads constructed under this chapter.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1919, ch. 193, §§ 123, 124; Shan. Supp., §§ 1682a137, 1682a138; Code 1932, §§ 2952, 2953; T.C.A. (orig. ed.), § 54-1522; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-401 - Collection of assessments by county trustee - Kept as a separate fund - Collection by bill in chancery - Personalty not to be distrained for such assessment

Assessments provided for by this chapter shall be collected by the county trustee as county taxes are collected, except as provided otherwise in this part, and the funds collected shall be kept as a separate fund, and shall be paid out only for purposes properly connected with the improvement on the order or warrant of the county mayor; but the assessments may be collected by bill filed in chancery, as provided in §§
54-12-412
- 54-12-421, and no personal property of the owner of land assessed shall be liable or distrained upon for the assessment, but only the land assessed shall be liable for the assessment.
Acts 1919, ch. 193, § 83; Shan. Supp., § 1682a97; Code 1932, § 2911; modified; T.C.A. (orig. ed.), § 54-1601; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-402 - Amount fixed for annual levy - County bonds issued - Cost exceeding estimate, new apportionment of assessment and levy and other bonds

(a)
If the county legislative body determines that the estimated cost of drainage of the district or road improvement district is greater than should be levied in a single year upon the lands benefited, the county legislative body may fix the amount that should be levied and collected each year, and may issue road improvement bonds of the county pursuant to title 9, chapter 21, and may devote the bonds at par, with accrued interest, to the payment of the expenses and work as it progresses or may sell the bonds at not less than par, with accrued interest, and devote the proceeds to the payment. If in the sale of the bonds a premium is received, the premium shall be credited to the improvement fund.
(b)
Should the cost of the work exceed the estimate, a new apportionment of the assessment may be made and levied and other bonds issued and sold in like manner, but in no case shall the bonds run longer than twenty (20) years.
Acts 1919, ch. 193, § 84; Shan. Supp., § 1682a98; Code 1932, § 2912; modified; T.C.A. (orig. ed.), § 54-1602; Acts 1980, ch. 601, § 19; 1988, ch. 750, § 61.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-403 - Payment in full amount of benefit assessed against land before bonds are issued

(a)
Any property owner may pay the full amount of the benefit assessed against the owner's property before the bonds are issued and receive a receipt in full for the payment.
(b)
The payment shall be made to the county trustee, and it shall be the duty of the county clerk to certify to the trustee the amount of the assessment when requested to do so.
(c)
The trustee shall enter the payment upon the assessment lists in the trustee's hands in a separate place provided for the payments, and furnish the county clerk with duplicate receipts given for all assessments paid in full, one (1) of which the clerk shall deliver to the county mayor, and the trustee shall also give a receipt to the property owner so paying in full.
Acts 1919, ch. 193, § 85; Shan. Supp., § 1682a99; Code 1932, § 2913; modified; T.C.A. (orig. ed.), § 54-1603; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-404 - Bonds to be paid only by assessments levied on the lands within the district

Each bond shall show expressly on its face that it is to be paid only by assessments levied and collected on the lands within the district so designated and numbered, and for the benefit of which district the bond is issued. No assessment shall be levied or collected for the payment of the bond or bonds, or the interest on the bonds, on any property, real or personal, outside the district so numbered, designated, and benefited.
Acts 1919, ch. 193, § 87; Shan. Supp., § 1682a101; Code 1932, § 2915; T.C.A. (orig. ed.), § 54-1605, T.C.A., § 54-12-405.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-410 - Assessment book made by county clerk for entire assessment or annually - Interest on assessments after delinquency

(a)
The assessments provided for by this chapter, and to be collected for the purpose provided in this chapter, shall be entered upon a book to be provided by the county clerk, at the expense of the county, for this purpose, in a similar manner to that in which taxes are entered upon the tax books, the books showing the tract of land, amounts of assessments, etc., and the book, when made out, shall be furnished to the county trustee for collection of assessments so levied.
(b)
This book shall be called the road improvement assessment book, and shall be made out by the county clerk of the county in which the particular assessment is levied.
(c)
The book may be made out but once, if practicable, for the entire assessment for the particular improvement project; but if not practicable, then a new assessment book may be made out for a shorter period, or for each year, and furnished to the county trustee.
(d)
The assessment levied under this chapter shall become due and payable and delinquent, and the assessments shall bear interest at the legal rate after they become delinquent.
Acts 1919, ch. 193, § 92; Shan. Supp., § 1682a106; Code 1932, § 2920; modified; T.C.A. (orig. ed.), § 54-1610; impl. am. Acts 1978, ch. 934, §§ 22, 36.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-411 - Assessments become liens upon land

The assessments provided for by this chapter, when made and levied, shall be and become valid liens upon lands.
Acts 1919, ch. 193, § 93; Shan. Supp., § 1682a1061/2; Code 1932, § 2921; T.C.A. (orig. ed.), § 54-1611.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-412 - Bill in chancery to sell land for collection of delinquent assessments

When assessments have been due and delinquent for sixty (60) days, bills may be filed in the chancery court of the county, or chancery district in which the lands lie, upon which the assessments are due and delinquent, for the collection of the assessments, out of the lands by a sale of the lands in all cases.
Acts 1919, ch. 193, § 94; Shan. Supp., § 1682a107; Code 1932, § 2922; T.C.A. (orig. ed.), § 54-1612.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-413 - Bill filed in name of county against landowners - All delinquents may be made defendants to same bill

(a)
The bills in chancery shall be filed in the name of the county in which the lands are situated for the use of the improvement district for the benefit of which the assessments were made, and against the owners, if known, and if unknown, against them to the bill.
(b)
The owners of all the lands upon which assessments are delinquent may be made defendants to the same bill as parties to the bill.
Acts 1919, ch. 193, § 95; Shan. Supp., § 1682a109; Code 1932, § 2924; T.C.A. (orig. ed.), § 54-1613.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-414 - Trustee to furnish certified list of delinquent lands and names of owners, which is prima facie proof authorizing a decree

(a)
When it is desired by the board of directors or other interested party entitled to sue, to file the bill, the county trustee, upon request, shall make out a statement or list, showing all the lands upon which assessments are delinquent and the names of the owners of the lands, as appear upon the road assessment book or showing any tract or tracts assessed to unknown owners, if such be the case, and certify as trustee to the correctness of the statement or list as the statement or list appears upon the book.
(b)
In the chancery suit, the certified statement or list shall be prima facie proof of the facts certified, and that the assessments are delinquent and sufficient proof to authorize a decree of sale in the absence of rebutting proof of the facts shown by the certificate.
Acts 1919, ch. 193, § 96; Shan. Supp., § 1682a110; Code 1932, § 2925; T.C.A. (orig. ed.), § 54-1614.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-415 - Suits proceeded with as other suits in chancery, except separate hearing and decree as to any one defendant

The suits in chancery shall be proceeded with as other suits are in that court, except that the court may hear the case as to any one (1) or more of the defendants, whether ready to be heard as to other defendants or not, and proceed to sale and final decree as to any one (1) or more of the defendants, though the case is not disposed of as to other defendants.
Acts 1919, ch. 193, § 97; Shan. Supp., § 1682a111; Code 1932, § 2926; T.C.A. (orig. ed.), § 54-1615.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-416 - Public taxes to be paid before the delinquent assessments

When a sale is ordered in the suit, and is made and reported, the clerk and master of the court, so making the sale, shall report what public taxes are a lien upon any tract so sold in favor of the state, county, or any municipality, and the court shall see that this is done, and any taxes, if the sale is confirmed, shall be first paid out of the proceeds of the sale before the delinquent assessments are paid.
Acts 1919, ch. 193, § 98; Shan. Supp., § 1682a112; Code 1932, § 2927; T.C.A. (orig. ed.), § 54-1616.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-417 - Divestiture and vestiture of title subject to other unpaid assessments - Writ of possession

Upon confirmation of the sale by the chancery court, it shall divest title out of the owner and vest it in the purchaser and award a writ of possession, if asked for; but where title is so vested in a purchaser, the land so purchased shall still be subject in the hands of the purchaser, the purchaser's heirs, or assigns, to any other assessments not yet due, and are unpaid, that may have been made and fixed or levied upon it at the time of the confirmation of sale, for the benefit of the improvement district on account of which the sales have been made.
Acts 1919, ch. 193, § 99; Shan. Supp., § 1682a113; Code 1932, § 2928; T.C.A. (orig. ed.), § 54-1617.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-418 - Sale for cash subject to redemption within two years - Manner of redemption

When the sale is made by decree of the chancery court, it shall be made for cash, and the owners of land sold shall have two (2) years from the date of the confirmation of the sale in which to redeem the land, by paying to the clerk and master of the court making the sale, the amount paid by the purchaser for the land, with legal interest on the amount to the date of redemption, and also a further sum equal to ten percent (10%) of the amount paid by the purchaser for the land.
Acts 1919, ch. 193, § 100; Shan. Supp., § 1682a114; Code 1932, § 2929; T.C.A. (orig. ed.), § 54-1618.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-419 - Attorney's fee charged as part of judgment

In the proceedings in chancery court, the attorneys or solicitors employed and attending to the suit shall be allowed as a fee ten percent (10%) of the amount found due as an assessment on each tract of land decreed to be sold, the fee to be charged up in the decree as part of the judgment for which the land is to be sold.
Acts 1919, ch. 193, § 101; Shan. Supp., § 1682a115; Code 1932, § 2930; T.C.A. (orig. ed.), § 54-1619.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-420 - Adjudication of redemption - Declaring land that of owner so redeeming - Writ of possession

When the lands are redeemed as provided in §§
54-12-418
,
54-12-419
, this section and §
54-12-421
, and this fact is made satisfactorily to appear to the chancery court, the court shall enter a decree in the cause, adjudging the land redeemed and declaring it to be the property of the owner redeeming the property, or of the owner's heirs or assigns, if redeemed by the owner's heirs or assigns, and if necessary may award a writ of possession to put the person redeeming in possession of the land.
Acts 1919, ch. 193, § 102; Shan. Supp., § 1682a116; Code 1932, § 2931; T.C.A. (orig. ed.), § 54-1620.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-421 - Redemption of lands by minors and persons adjudicated incompetent within a year of restoration of competency

Minors and persons who are adjudicated incompetent shall have the further period of one (1) year after the restoration of competency in which to redeem their lands sold under this chapter under like terms as to amounts to be paid, in redemption, as provided in §
54-12-418
.
Acts 1919, ch. 193, § 103; Shan. Supp., § 1682a117; Code 1932, § 2932; T.C.A. (orig. ed.), § 54-1621; Acts 2011, ch. 47, § 55.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-423 - Assessments collectible only out of the assessed land

The assessments provided for by this chapter, if not paid by the owners of the land assessed, shall be collected only out of the land assessed for improvement purposes, and shall not be collected by distress warrant or otherwise out of any other property, real or personal, of the owners of the land assessed under this chapter.
Acts 1919, ch. 193, § 105; Shan. Supp., § 1682a119; Code 1932, § 2934; T.C.A. (orig. ed.), § 54-1623.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-424 - Compensation of trustee for collecting and paying out, and for certified copies

For collecting and paying out the assessments under this chapter, the county trustee shall receive as compensation two percent (2%) on all amounts paid out by the trustee; and for any certified statements furnished by the trustee, the same fees per one hundred (100) words as are allowed clerks of courts for certified copies of records.
Acts 1919, ch. 193, § 108; Shan. Supp., § 1682a122; Code 1932, § 2937; T.C.A. (orig. ed.), § 54-1624.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-425 - Compensation of trustee for receiving and paying out money derived from sale of bonds and warrants - Bond and compensation of successor

(a)
(1)
The county trustee, for receiving and paying out money received from the sale of bonds and warrants issued and sold under this part, shall be entitled to a commission of one-half of one percent (0.5%) for receiving the money, and one-half of one percent (0.5%) for paying out the money.
(2)
Any moneys and funds remaining with the county trustee at the expiration of the county trustee's term of office shall be paid over to the county trustee's successor when the successor has executed bond for the moneys and funds as provided in this part.
(b)
It is the duty of the succeeding trustee to execute the bond, and failure to do so shall result in liability for the penalties provided for the failure.
(c)
The trustee actually disbursing the funds arising from the sale of bonds or warrants shall be entitled to the commission of one-half of one percent (0.5%); provided, the successor shall not be entitled to any commissions for receiving the funds from the trustee's predecessor.
Acts 1919, ch. 193, § 109; Shan. Supp., § 1682a123; Code 1932, § 2938; T.C.A. (orig. ed.), § 54-1625.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 4 - COLLECTION OF ASSESSMENTS (§§ 54-12-401 — 54-12-426) › Section 54-12-426 - Surplus funds from assessments, bonds, or notes - Disposition

(a)
When, in the making of any improvement for a road improvement district provided for in this chapter, bonds or notes of the districts have heretofore been made or hereafter sold for the purpose of providing funds for the improvement, and money is left over of the proceeds of the sale of the bonds or notes after the improvement has been paid for, for which the bonds or notes were issued and sold, the board of directors of the improvement district, with the approval of the entity exercising the former jurisdiction of the monthly county court having jurisdiction of the cause in which the district was created shall have the power to disburse the surplus funds for further improving the roads in the district as may be deemed best, or the surplus funds and money may be used by paying all or in part any assessment made on the lands of the district and not yet collected, in which event the particular assessment, or part of the assessment, need not be collected; or the surplus of funds may be used in purchasing and retiring any of the bonds or notes issued; provided, that they can be bought at not above par with any accrued interest on the bonds or notes.
(b)
The board of directors, with the approval of the court, has the right and power to dispose of surplus funds in any of the methods set out in subsection (a) that the board and the court may deem best for the district, the court to concur, by its order or decree, in the disposition.
Acts 1919, ch. 193, § 94; Shan. Supp., § 1682a108; Code 1932, § 2923; modified; T.C.A. (orig. ed.), § 54-1626; Acts 1988, ch. 750, § 64.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 13 - PRIVATE AND LOCAL IMPROVEMENTS (§§ 54-13-101 — 54-13-103) › Part 1 - GENERAL PROVISIONS (§§ 54-13-101 — 54-13-103) › Section 54-13-101 - Private and local improvements authorized by county legislative body

The county legislative body may provide for making private and local improvements, within the limits of the county, that are contemplated by the Constitution of Tennessee, Article XI, §§ 9 and 10 under restrictions, limitations, and conditions that in its discretion seem right and proper, such as public roads, and the like.
Amended by 2013 Tenn. Acts, ch. 308, s 12, eff. 7/1/2013.
Code 1858, § 1257 (deriv. Acts 1835-1836, ch. 29, § 1); Shan., § 1721; Code 1932, § 3047; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1701.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 13 - PRIVATE AND LOCAL IMPROVEMENTS (§§ 54-13-101 — 54-13-103) › Part 1 - GENERAL PROVISIONS (§§ 54-13-101 — 54-13-103) › Section 54-13-102 - Navigable stream - Obstructions prohibited

No county legislative body shall permit a bridge, milldam, fish trap, or other improvement to be so constructed as to interrupt or in any way injure or impair the navigation of the streams that are naturally navigable, or that have been declared to be so by law.
Code 1858, § 1259 (deriv. Acts 1835-1836, ch. 29, § 4); Shan., § 1723; Code 1932, § 3049; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1703.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 13 - PRIVATE AND LOCAL IMPROVEMENTS (§§ 54-13-101 — 54-13-103) › Part 1 - GENERAL PROVISIONS (§§ 54-13-101 — 54-13-103) › Section 54-13-103 - Petition for local improvement

Any person desiring authority to make the improvement shall present a petition to the county legislative body of the county where the improvement is to be made, setting forth the nature and object of the application.
Code 1858, § 1261 (deriv. Acts 1835-1836, ch. 29, § 6); Shan., § 1725; Code 1932, § 3051; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A. (orig. ed.), § 54-1705.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 14 - PRIVATE ROADS (§§ 54-14-101 — 54-14-119) › Section 54-14-101 - [Repealed]

Repealed by 2020 Tenn. Acts, ch. 703, s 1, eff. 6/22/2020.
Acts 1868-1869, ch. 14, § 1; Shan., § 1634; Code 1932, § 2745; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1901; Acts 1981, ch. 185, §§ 1-3; 1992, ch. 897, § 1; 2000, ch. 940, §2; 2008 , ch. 1075, § 1; 2008 , ch. 1082, §§ 1, 5, 6.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 14 - PRIVATE ROADS (§§ 54-14-101 — 54-14-119) › Section 54-14-102 - Condemnation to secure way of ingress and egress and extending utility lines - Jurisdiction - Joinder of parties in action

(a)
(1)
A person owning any land, where ingress or egress to and from which is cut off or obstructed entirely from a public road or highway by the intervening land of another, or who has no outlet from the land to a public road in the state, by reason of the intervening land of another, is given the right to have a private easement or right-of-way not exceeding twenty-five feet (25') condemned and set aside for the benefit of the land over and across the intervening land for the purpose of ingress and egress and extending utility lines, including, but not limited to, electric, natural gas, water, sewage, telephone, or cable television to the enclosed land. Maintenance of the easement or right-of-way shall be the responsibility of the person granted the easement or right-of-way. Gates or fencing that restricts access to the subservient land may not be erected. In counties with a metropolitan form of government, the maximum permissible width for an easement or right-of-way is fifteen feet (15').
(2)
If a person who already possesses a private easement or right-of-way of less than twenty-five feet (25') granted pursuant to this chapter determines that additional land is needed for the purpose of extending utility lines, including, but not limited to, electric, natural gas, water, sewage, telephone, or cable television, to the enclosed land, then the person must file a new petition requesting additional land. Upon receipt of a petition requesting additional land for the extension of utility lines, the court may, upon a showing of good cause, grant the petitioner's request and direct a jury of view to lay off and mark an additional area for utility lines; provided, that the total private easement or right-of-way does not exceed fifteen feet (15') in counties with a metropolitan form of government or twenty-five feet (25') in all other areas.
(b)
The chancery and circuit courts and county courts, the latter acting by and through the county mayor, are given concurrent jurisdiction in such matters.
(c)
As many different owners of lands as may be cut off or obstructed or deprived of adequate and convenient outlets may join together against any number of different owners of intervening lands as wish to have the easement or right-of-way so condemned and set aside to them over the intervening property, and the joining shall not make the proceedings multifarious.
Amended by 2022 Tenn. Acts, ch. 808, s 1, eff. 4/8/2022.
Amended by 2020 Tenn. Acts, ch. 703, s 2, eff. 6/22/2020.
Acts 1921, ch. 75, § 1; Shan. Supp., § 1634a1; Code 1932, § 2746; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §54-1902; Acts 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 14 - PRIVATE ROADS (§§ 54-14-101 — 54-14-119) › Section 54-14-104 - Jury of view ordered summoned to inquire of and assess damages

(a)
If pro confesso is taken against the defendants or if, upon answer filed by any of the defendants, or upon a trial upon the merits by the court, no sufficient cause is shown to the court why the easement or right-of-way should not be granted to petitioners, the court shall issue a writ of inquiry of damages to the sheriff, commanding the sheriff to summon a jury to inquire of and assess the damages.
(b)
By consent of the parties, or unless defense is made by the defendants within the time required in chancery cases, the writ of inquiry may be issued by the clerk of the court to the sheriff to summon the jury of view.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a3; Code 1932, § 2748; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1904.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 14 - PRIVATE ROADS (§§ 54-14-101 — 54-14-119) › Section 54-14-105 - Jury of view - Qualification - Number - Challenges

The jury of view shall consist of five (5) disinterested persons having all of the qualifications of jurors in the circuit court, unless the parties agree otherwise or upon a different number, and either party may challenge for cause or peremptorily as in other civil cases.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a31/2; Code 1932, § 2749; T.C.A. (orig. ed.), § 54-1905.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 14 - PRIVATE ROADS (§§ 54-14-101 — 54-14-119) › Section 54-14-106 - Notice of taking inquest of damages

The sheriff shall give the parties or their agent, if residents of the county where the suit is pending, three (3) days' notice of the time and place of taking the inquest, unless the time has been fixed by order of the court.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a4; Code 1932, § 2750; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1906.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 14 - PRIVATE ROADS (§§ 54-14-101 — 54-14-119) › Section 54-14-107 - Oath of jury of view

Before proceeding to act, the jury shall be sworn by the sheriff to fairly and impartially and without fear or favor to perform their duties as jurors, and to lay off by metes and bounds lands suitable for the easement or right-of-way and to inquire of and to assess the damages.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a5; Code 1932, § 2751; T.C.A. (orig. ed.), § 54-1907.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 14 - PRIVATE ROADS (§§ 54-14-101 — 54-14-119) › Section 54-14-108 - Jury to set apart by metes and bounds and assess damages

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 the land or property for the purposes intended, and assess the damages occasioned to the parties interested or affected by the property taken.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a6; Code 1932, § 2752; T.C.A. (orig. ed.), § 54-1908.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 14 - PRIVATE ROADS (§§ 54-14-101 — 54-14-119) › Section 54-14-109 - Estimates of damages - Elements

In estimating the damages, the jury shall give the cash value of the property taken and any incidental damages, but incidental benefits that may result to the owner by reason of the proposed easement or right-of-way being granted may be set off against incidental damages.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a7; Code 1932, § 2753; T.C.A. (orig. ed.), § 54-1909; Acts 1998, ch. 670, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 14 - PRIVATE ROADS (§§ 54-14-101 — 54-14-119) › Section 54-14-110 - Report of jury - Contents

The report of the jury shall be made in writing and signed by a majority of the jurors, setting out the amount of damages to each defendant and the locality and extent of the easement granted, and delivered to and returned by the sheriff into the court.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a8; Code 1932, § 2754; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1910.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 14 - PRIVATE ROADS (§§ 54-14-101 — 54-14-119) › Section 54-14-111 - Location of easement or right-of-way

The jury is authorized to locate the easement or right-of-way at a place where the easement or right-of-way will be of service to the petitioner and cause the least amount of monetary damage as practicable to the value of the intervening land.
Amended by 2020 Tenn. Acts, ch. 703, s 4, eff. 6/22/2020.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a9; Code 1932, § 2755; T.C.A. (orig. ed.), § 54-1911.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 14 - PRIVATE ROADS (§§ 54-14-101 — 54-14-119) › Section 54-14-112 - Report confirmed, or set aside and another writ awarded

(a)
Any party may file objections to the report; provided, that, if an objection is filed by the owner or owners of land selected by the jury of view, the objection must be served upon all parties to the action. Further, the person making the objection must prepare a plat that contains an alternative route to the one identified by the jury of view. The plat shall be served on all parties and filed with the court within thirty (30) days of the objection. The alternative route that the person proposes to substitute for the identified route shall be clearly marked on the plat. If the petitioner or any other party who owns the land on which all or part of the alternative route is located objects to the alternative route, the only remedy available to the petitioner or other party at the trial court level is to demand a trial by jury pursuant to §
54-14-114
. An appeal from an adverse decision at the trial court level may be appealed by any party to the action as provided by law.
(b)
If no objection is filed to the report or upon objections being filed to the report and heard and considered by the court, the report may be confirmed by the court, or set aside and another writ of inquiry awarded by the court.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a10; Code 1932, § 2756; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §54-1912; Acts 2008 , ch. 1082, § 3.