Tennessee § 42-3-109 - Eminent domain.
Full text of Tennessee Tennessee Code Annotated § 42-3-109 — Eminent domain., with citation guidance and answers to common questions.
§ 42-3-109. Eminent domain.
In the acquisition of property by eminent domain proceedings authorized by this chapter, an authority shall proceed in the manner provided by title 29, chapter 16. For the purpose of making surveys and examinations relative to eminent domain proceedings, it is lawful for the authority to enter upon the land, doing no unnecessary damage. Notwithstanding any other statute or other law, an authority may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of the proceedings. The authority shall not be precluded from abandoning the proceedings in any case where possession of the property has not been taken, even after a trial jury in circuit court has rendered a verdict as to damages for the property taken and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings. Acts 1957, ch. 376, § 8; T.C.A., § 42-609. Cited: Midwestern Gas Transmission Co. v. Kirkham, — S.W.3d —, 2006 Tenn. App. LEXIS 118 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Webster, — S.W.3d —, 2006 Tenn. App. LEXIS 122 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Warren, — S.W.3d —, 2006 Tenn. App. LEXIS 123 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Walter, — S.W.3d —, 2006 Tenn. App. LEXIS 124 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Wallace, — S.W.3d —, 2006 Tenn. App. LEXIS 125 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Stephenson, — S.W.3d —, 2006 Tenn. App. LEXIS 126 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Rippy, — S.W.3d —, 2006 Tenn. App. LEXIS 127 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Carter, — S.W.3d —, 2006 Tenn. App. LEXIS 128 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Knight, — S.W.3d —, 2006 Tenn. App. LEXIS 129 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Dunn, — S.W.3d —, 2006 Tenn. App. LEXIS 130 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Fenimore, — S.W.3d —, 2006 Tenn. App. LEXIS 131 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Ingrum, — S.W.3d —, 2006 Tenn. App. LEXIS 132 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Lassiter, — S.W.3d —, 2006 Tenn. App. LEXIS 133 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Gregory, — S.W.3d —, 2006 Tenn. App. LEXIS 134 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Reese, — S.W.3d —, 2006 Tenn. App. LEXIS 135 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Camilla Jean Palmer Revocable Living Trust, — S.W.3d —, 2006 Tenn. App. LEXIS 136 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Law, — S.W.3d —, 2006 Tenn. App. LEXIS 137 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. McKee, — S.W.3d —, 2006 Tenn. App. LEXIS 138 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Pryor, — S.W.3d —, 2006 Tenn. App. LEXIS 139 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Marcum, — S.W.3d —, 2006 Tenn. App. LEXIS 140 (Tenn. Ct. App. Feb. 24, 2006).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 42-3-109
What does Tennessee Code Annotated § 42-3-109 cover?
Section 42-3-109 ("Eminent domain.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 42-3-109?
A common citation format is "Tennessee Code Annotated § 42-3-109" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 42-3-109 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.