Tennessee § 65-27-101 - Power of condemnation.

§ 65-27-101. Power of condemnation.

Any water company is empowered to acquire, by purchase, condemnation, or other proper method, the right to use and divert the water flowing and running into any stream or watercourse which may be necessary to the exercise of any of the powers of a public or quasi public character granted to the corporation; and whenever it shall be necessary so to divert the water from any such stream or watercourse, the corporation shall have the right to have the water to be so diverted and the land so to be used, over which it shall be conducted, condemned, and the value thereof assessed in the manner provided in title 29, chapter 16; and it may in like manner take such land, water, and riparian rights, and such rights-of-way as may be necessary for establishing and maintaining its power houses, canals, flumes, conduits, pipelines, ponds, dams, reservoirs, and other works, and the rights-of-way to any and all lands between its ponds, dams, and reservoirs and power houses, and the cities, towns, and villages and other points at which its water may be transmitted, consumed, or disposed of as may be necessary to place its conductors, canals, flumes, pipelines, either above or underground, and may at any time enter thereon and repair same, or when deemed advisable, to place additional equipment, appliances, or appurtenances; but, in all cases, such act shall be done in such manner and with such haste as to do as little injury to private property as possible. Any exercise of the powers granted under this section is subject to and shall not conflict with the Water Quality Control Act, compiled in title 69, chapter 3, part 2 [repealed], or the Inter-basin Water Transfer Act, compiled in title 69, ch. 7, part 2 and the regulations thereunder. Acts 1909, ch. 127, § 5; Shan., § 2489a5; mod. Code 1932, § 4067; T.C.A. (orig. ed.), § 65-2701; Acts 2000, ch. 854, § 11. Compiler's Notes. Former title 69, chapter 3, part 2, referred to in this section, was repealed by Acts 1986, ch. 488, § 2. Cross-References. Assessment of property for tax purposes, title 67, ch. 5, part 13. Consolidation of lighting and power facilities, § 65-22-106 . Privilege tax on gas, water and electric companies, § 67-4-405 . Water power companies, acquisition of land by condemnation or purchase, § 65-22-101 . Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Eminent Domain, §§ 7, 17; 19 Tenn. Juris., Monopolies and Restraints of Trade, § 4; 25 Tenn. Juris., Water Companies and Waterworks, § 2. Law Reviews. Water Rights in Tennessee (Mahlon L. Townsend), 27 Tenn. L. Rev. 557 (1960).