Tennessee § 29-17-905 - Trial when property owner does not accept deposit.

§ 29-17-905. Trial when property owner does not accept deposit.

If the owner is not satisfied with the amount assessed by the condemner, the owner shall, on or before the second day of the regular term of the court next, after the serving of such notice, appear, except to the amount assessed by the condemner, and thereupon a trial may be had before a petit jury as other civil actions are tried. Acts 1959, ch. 216, § 5; T.C.A., § 23-1532; T.C.A. § 29-17-805 ; Acts 2006, ch. 863, § 1. Compiler's Notes. Words at the end of this section which read, “but no trial shall be had until six (6) months have expired after the completion of said street, road, highway, freeway or parkway; provided, however, that if the same has not been completed within twenty-four (24) months from the filing of said condemnation petition, said case shall be tried” were omitted from this section since the case of Catlett v. State, 207 Tenn. 1, 336 S.W.2d 8, 337 S.W.2d 462 (1960) has held that such provision violates Tenn. Const., art. I, § 17 and should be stricken. 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. Continuance of condemnation trial, § 29-17-1001 . Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Eminent Domain, § 61. Law Reviews. Constitutional Law — 1961 Tennessee Survey (James C. Kirby, Jr.), 14 Vand. L. Rev. 1171. Federal and State Condemnation Proceedings — Procedure and Statutory Background (William E. Miller), 14 Vand. L. Rev. 1085. Cited: Town of Collierville v. Norfolk S. Ry. Co., 1 S.W.3d 68, 1998 Tenn. App. LEXIS 180 (Tenn. Ct. App. 1998).