Tennessee § 29-17-301 - Powers of municipalities.

§ 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. Compiler's Notes. Former part 3 of this chapter, § 29-17-301 , concerning the power of condemnation and appropriations of lands by the University of Tennessee, was transferred to title 29, ch. 17, part 4 in 2006. Acts 2006, ch. 863, § 25, provided that the amendment by that act shall apply only to eminent domain or condemnation proceedings initiated on or after July 1, 2006. Cross-References. Applicability of part to metropolitan port authorities, § 7-5-108 . City manager city, § 6-19-101 . Condemnation by municipal gas companies, §§ 7-39-303 , 7-39-304 , 7-39-305 , 7-39-306 , 7-39-307 , 39-7-308 , 7-39-309 . Electric plant, § 7-52-105 . Private property not to be taken for public use without just compensation, Tenn. Const., art. I, § 21. Proceeds of condemned municipal property, §§ 6-52-103 , 6-52-104 . School purposes, § 49-6-2002 . Sewers and waterworks, §§ 7-35-101 , 7-35-102 , 7-35-403 . Streets, §§ 7-31-107 , 7-31-108 , 7-31-109 , 7-31-110 , 7-31-111 . Utility district, § 7-82-305 . Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Eminent Domain, §§ 8, 17. Attorney General Opinions. A municipality is authorized to take and condemn lands to lay a sewer line through another municipality; however, if the utility is financed under the Revenue Bond Law or the Local Government Public Obligations Act of 1986, the municipality building the utility through the territory of another municipality must obtain the consent of the latter's governing body, OAG 01-098 (6/13/01).