Tennessee § 65-22-101 - Acquisition of land.

§ 65-22-101. Acquisition of land.

Every corporation organized under the laws of any state of the United States and authorized to construct, own, and operate gas or electric plants or both for the purpose of furnishing gas or electricity or both to persons in this state or in this state and elsewhere, or authorized to engage in the business of reducing, generating, and furnishing light, heat, electricity and electrical and mechanical power generated or produced from steam power or water power obtained by a dam or dams across any stream or streams of water, or authorized to store, transport or distribute natural or artificial gas or oil to be used in producing light, heat or mechanical power, for sale to the public generally or to utility corporations for resale to the public generally, and, for any or all of such purposes, authorized to construct and maintain pipelines, is empowered to condemn and take upon paying or securing payment thereof, to purchase or otherwise acquire, such lands and interests in and by whomsoever owned as may be necessary or advisable in the construction, maintenance, and operation of either its gas or electric plants or both, and likewise to acquire the right to use, employ, and divert such water flowing in and running into any stream or watercourse as may be necessary or advisable in the exercise of its charter powers, such lands and interests in lands as may be necessary or advisable for establishing and maintaining its power houses, canals, flumes, conduits, pipelines, reservoirs, ponds, dams, transmission lines and other works, the rights-of-way for lines of poles, towers, wires, and transmission lines through any and all lands between its reservoirs, ponds, dams, power houses and other works and the cities and towns and other points at which its light, heat, water, electricity and electrical and mechanical or gas power may be transmitted, consumed or disposed of, such lands and interests in lands as may be necessary or advisable to place its electric wire, conductors, conduits, ditches, canals, flumes, pipelines, and transmission lines either above or underground; and every such corporation may at any time enter thereon and repair same or when deemed necessary or advisable may place additional equipment, appliances or appurtenances; provided, that such electric wires, conductors, conduits, ditches, canals, flumes, pipelines and transmission lines shall be placed in such manner as to do as little injury to the property of private persons as possible; and provided further, that every such corporation shall make compensation to the owners of the real estate condemned or taken through which its electric wires, conductors, conduits, ditches, canals, flumes, pipelines and transmission lines may be placed. If the owner and the corporation cannot agree upon the amount of compensation which should be paid, the taking shall proceed and the damages or compensation to be paid shall be assessed in the manner provided by title 29, chapter 16. Acts 1925, ch. 56, § 1; Shan. Supp., § 1880a32; mod. Code 1932, §§ 3167, 3942; T.C.A. (orig. ed.), § 65-2201. Cross-References. Assessment of property for tax purposes, title 67, ch. 5, part 13. Situs of property for tax purposes, § 67-5-502 . Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Eminent Domain, §§ 7, 17, 47; 13 Tenn. Juris., Gas Companies, § 8. Law Reviews. The Movement for New Water Rights Laws in the Tennessee Valley States (Robert H. Marquis, Richard M. Freeman and Milton S. Heath, Jr.), 23 Tenn. L. Rev. 797 (1955). Attorney General Opinions. A pipeline corporation has the right to condemn an easement for pipelines that will be used for the transportation and distribution of liquid petroleum products such as gasoline, kerosene, home heating oil, or jet fuel, OAG 01-171, 2001 Tenn. AG LEXIS 175 (12/12/01).