Tennessee § 7-35-101 - Power of eminent domain.

§ 7-35-101. Power of eminent domain.

All municipal corporations are empowered to take and condemn lands, property, property rights, privileges and easements of others for the purpose of constructing, laying, repairing, or extending sewers, water system or drainage ditches, both within and beyond the corporate limits, and of acquiring ingress and egress in the construction, repair or maintenance of sewers, water system or drainage ditches, and in making connection to sewers, water system or drainage ditches. Such property or interest in such property may be so acquired whether or not the property or interest in property is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purpose; provided, that such prior public use will not be interfered with by this use. Acts 1917, ch. 31, § 1; Shan. Supp., § 1880a27b1; mod. Code 1932, § 3366; T.C.A. (orig. ed.), § 6-1401; Acts 2000, ch. 726, § 1. Cross-References. Extension of service beyond city limits, § 7-51-401 . Loans to local governmental entities for waterworks construction, title 68, ch. 221, part 5. Vandalism, § 39-14-408 . Law Reviews. Equity — Condemnation — Statutory Remedy Excludes Equitable Relief, 33 Tenn. L. Rev. 235 (1966). Attorney General Opinions. Sewer system installation subsidies, OAG 94-105, 1994 Tenn. AG LEXIS 104 (9/9/94). A municipality is authorized to take and condemn lands to lay a sewer line through another municipality; however, if the utility is financed under the Revenue Bond Law or the Local Government Public Obligations Act of 1986, the municipality building the utility through the territory of another municipality must obtain the consent of the latter's governing body, OAG 01-098, 2001 Tenn. AG LEXIS 89 (6/13/01). Collateral References. Construction and application of rule requiring public use for which property is condemned to be “more necessary” or “higher use” than public use to which property is already appropriated—state takings. 49 A.L.R.5th 769. Incidental private benefit, effect of. 53 A.L.R. 21 . Municipality's liability arising from negligence or other wrongful act in carrying out construction or repair of sewers and drains. 61 A.L.R.2d 874.