Tennessee § 29-17-701 - Action in rem — Title uncertain.

§ 29-17-701. Action in rem — Title uncertain.

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. 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. Compiler's Notes. Former part 7 of this chapter, §§ 29-17-701 and 29-17-702 , concerning payments into court, was transferred to title 29, ch. 17, part 8 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 . Law Reviews. Property Rights vs. Public Use: Analyzing Tennessee's Response to Kelo Eminent Domain Ruling (Scott Griswold), 43 Tenn B.J. 14 (2007). The Tennessee Court System — Circuit Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 241. Cited: Metro. Gov't of Nashville v. Brown, — S.W.3d —, 2009 Tenn. App. LEXIS 896 (Tenn. Ct. App. Dec. 30, 2009). Collateral References. Eminent domain 5.