Any person or corporation authorized by law to construct any railroad, turnpike, canal, toll bridge, road, causeway, or other work of internal improvement to which the like privilege is conceded, may take the real estate of individuals, not exceeding the amount prescribed by law, or by the charter under which the person or corporation acts, […]
This chapter shall be deemed, unless expressly stated to the contrary, and without incorporation or reference, to be a part of every section, or legislative act, present or future, which grants the power of such condemnation. The making of compensation for such a taking, as therein set forth, shall also be so implied. Code 1932, […]
The operation of this chapter is extended so that the same shall apply to and include the condemnation and taking of property, privileges, rights, or easements of private corporations for public purposes or internal improvements.
The person seeking to appropriate such land shall file a petition in the circuit court of the county in which the land lies, setting forth, in substance: The parcel of land or rights therein or incident thereto a portion of which is wanted, and the extent wanted; The name of the owner of such land […]
Notice of this petition, together with a copy thereof, shall be given to the owner of the land or rights, or, if a nonresident of the county, to the landownder’s agent, at least five (5) days before its presentation. If the owner is a nonresident of the state or unknown, notice shall be given by […]
All parties having any interest in any way in such land or rights may be made defendants, and the proceedings shall only cover and affect the interest of those who are actually made parties, unborn remaindermen being, however, bound by proceedings to which all living persons in interest are parties. Code 1858, § 1329; Shan., […]
The jury will consist of five (5) persons, unless the parties agree upon a different number, and either party may challenge, for cause or peremptorily, as in other civil cases. Code 1858, § 1334 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., § 1853; Code 1932, § 3118; T.C.A. (orig. ed.), § 23-1408.
The jurors shall not be interested in the same or a similar question, and shall possess the qualifications of other jurors, and may be nominated by the court, selected by consent of parties, or summoned by the sheriff. Code 1858, § 1332 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., § 1851; Code 1932, § […]
If named by the court, and the persons named are unable to attend when summoned, the place of such persons shall be supplied by the sheriff. Code 1858, § 1333; Shan., § 1852; Code 1932, § 3117; T.C.A. (orig. ed.), § 23-1410.
The sheriff shall give the parties or their agents, if residents of the county, three (3) days’ notice of the time and place of taking the inquest, unless the time has been fixed by the order of court. Code 1858, § 1335; Shan., § 1854; Code 1932, § 3119; T.C.A. (orig. ed.), § 23-1411.
The jury, before proceeding to act, shall be sworn by the sheriff, fairly and impartially, without favor or affection, to lay off, by metes and bounds, the land required for the proposed improvement, and to inquire and assess the damages. Code 1858, § 1336; Shan., § 1855; Code 1932, § 3120; T.C.A. (orig. ed.), § […]
The jury will then proceed to examine the ground, and may hear testimony, but no argument of counsel, and set apart, by metes and bounds, a sufficient quantity of land for the purposes intended, and assess the damages occasioned to the owner thereby. In condemning rights-of-way for telegraph and telephone companies, or riparian rights, the […]
The report of the jury shall be reduced to writing, signed by a majority of the jurors, delivered to the sheriff, and by the sheriff returned into court. Code 1858, § 1339; Shan., § 1858; Code 1932, § 3123; T.C.A. (orig. ed.), § 23-1415.
If no objection is made to the report, it is confirmed by the court, and the land decreed to the petitioner, upon payment to the defendants, or to the clerk for their use, of the damages assessed, with costs. Code 1858, § 1340 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., § 1859; Code 1932, […]
Either party may object to the report of the jury, and the same may, on good cause shown, be set aside, and a new writ of inquiry awarded. Code 1858, § 1341 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., § 1860; Code 1932, § 3125; T.C.A. (orig. ed.), § 23-1417.
Either party may also appeal from the finding of the jury, and, on giving security for the costs, have a trial anew, before a jury in the usual way. In all cases where the right to condemn is not contested and the sole question before the jury is that of damages the property owner shall […]
If the verdict of the jury, upon the trial, affirms the finding of the jury of inquest, or is more unfavorable to the appellant than the finding of such jury, the costs shall be adjudged against such appellant; otherwise the court may award costs as in chancery cases. Code 1858, § 1343 (deriv. Acts 1849-1850, […]
The taking of an appeal does not suspend the operations of the petitioner on the land; provided such petitioner will give bond with good security, to be approved by the clerk, in double the amount of the assessment of the jury of inquest, payable to the defendants, and conditioned to abide by and perform the […]
A person or company actually intending to make application for the privileges herein contemplated, and entering upon the land of another for the purpose of making the requisite examinations and surveys, and doing no unnecessary injury, is liable only for the actual damage done, and, if sued in such case, the plaintiff shall recover only […]
No person or company shall, however, enter upon such land for the purpose of actually occupying the right-of-way, until the damages assessed by the jury of inquest and the costs have been actually paid; or if an appeal has been taken, until the bond has been given to abide by the final judgment as provided […]
