Tennessee § 29-16-124 - Limitation of owners' actions.

§ 29-16-124. Limitation of owners' actions.

All actions that could be brought under § 29-16-123(a) , regardless of the cause of action or remedy sought, including actions for trespass or nuisance, shall be commenced within twelve (12) months after the land has been actually taken possession of, and the work of the proposed internal improvement begun; saving, however, to unknown owners and nonresidents, twelve (12) months after actual knowledge of such occupation, not exceeding three (3) years, and saving to persons under the disabilities of infancy and unsoundness of mind, twelve (12) months after such disability is removed, but not exceeding ten (10) years. Code 1858, § 1348 (deriv. Acts 1849-1850, ch. 72, § 9; 1855-1856, ch. 132, §§ 10, 11); Shan., § 1867; mod. Code 1932, § 3132; T.C.A. (orig. ed.), § 23-1424; Acts 2015, ch. 275, § 1. Amendments. The 2015 amendment substituted “All actions that could be brought under § 29-16-123(a) , regardless of the cause of action or remedy sought, including actions for trespass or nuisance, shall be commenced” for “The owners of land shall, in such cases, commence proceedings” at the beginning of the first sentence. Effective Dates. Acts 2015, ch. 275, § 2. July 1, 2015. Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Adverse Possession, §§ 52, 53; 10 Tenn. Juris., Eminent Domain, §§ 18, 64, 66; 18 Tenn. Juris., Limitations of Actions, §§ 17, 25, 34. Law Reviews. Eminent Domain in Tennessee: Public Use, Just Compensation and the Landowner, 3 Mem. St. U.L. Rev. 65. Inverse Condemnation — Stream Pollution as Taking of Property for Public Use, 40 Tenn. L. Rev. 514. Nuisances — Permanent Injury — Limitations of Actions, 28 Tenn. L. Rev. 433. Real Property — 1956 Tennessee Survey (Herman L. Trautman), 9 Vand. L. Rev. 1089. Torts — 1956 Tennessee Survey (John W. Wade), 9 Vand. L. Rev. 1137.