Tennessee § 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.

§ 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.

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. 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. 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. Compiler's Notes. 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. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Cross-References. Applicability of part to metropolitan port authorities, § 7-5-108 . Condemnation for controlled-access roads, § 54-16-104 . Continuance of condemnation trial, § 29-17-1001 . Department of highways, condemnation by, §§ 54-5-104 , 54-5-105 , 54-5-106 , 54-5-107 . Eminent domain by state within municipalities, § 54-5-208 . Establishment of roads by county council, title 54, ch. 10, part 1. Evidence in condemnation trial, § 29-17-1002 . Municipal corporations, condemnation by, §§ 7-31-106 , 7-31-107 , 7-31-108 , 7-31-109 , 7-31-110 , 7-31-111 . Private property not to be taken for public use without just compensation, Tenn. Const., art. I, § 21. Reelfoot Lake land acquisition through eminent domain, § 70-5-102 . State powers of eminent domain relating to rights-of-way and road improvement, §§ 54-22-101 , 54-22-104 . Textbooks. Tennessee Forms (Robinson, Ramsey and Harwell), No. 1-71-2. Tennessee Jurisprudence, 10 Tenn. Juris., Eminent Domain, §§ 46, 54. Law Reviews. Condemnation Trials — 1959 Legislation (Arthur D. Byrne), 26 Tenn. L. Rev. 486. Local Government Law — 1959 Tennessee Survey (A. E. Ryman, Jr.), 12 Vand. L. Rev. 1257. Real Property — 1959 Tennessee Survey (Thomas G. Roady, Jr.), 12 Vand. L. Rev. 1318. Attorney General Opinions. Condemnation for railroad spur benefiting a private business, OAG 92-32 (4/13/92). Cited: Pack v. Boyer, 59 Tenn. App. 141, 438 S.W.2d 754, 1968 Tenn. App. LEXIS 337 (Tenn. Ct. App. 1968); West Wilson Utility Dist. v. Ligon, 768 S.W.2d 681, 1988 Tenn. App. LEXIS 291 (Tenn. Ct. App. 1988); Town of Collierville v. Norfolk S. Ry. Co., 1 S.W.3d 68, 1998 Tenn. App. LEXIS 180 (Tenn. Ct. App. 1998); Leonard v. Knox County, 146 S.W.3d 589, 2004 Tenn. App. LEXIS 178 (Tenn. Ct. App. 2004).