§ 54-14-112. Report Confirmed, or Set Aside and Another Writ Awarded
Any party may file objections to the report; provided, that, if an objection is filed by the owner or owners of land selected by the jury of view, the objection must be served upon all parties to the action. Further, the person making the objection must prepare a plat that contains an alternative route to […]
§ 54-14-113. Report Modified, and Easement of Way Granted, Upon Payment of Damages, Costs, And, if Awarded, Attorney’s Fees
The report may be modified by the court and the easement or right-of-way may be granted or decreed to the petitioners as the court may deem proper upon the payment to the defendant, or to the clerk of the court for the defendant’s use, of the damages assessed, with costs and, if awarded pursuant to […]
§ 54-14-114. Appeal From Jury of View — New Trial Before a Jury Summoned in Usual Way — Exclusive Remedy
Within thirty (30) days, either party may appeal to the court from the finding of the jury of view, and demand a trial by a jury and, upon giving security for costs, may have a new trial before a jury of twelve (12) persons to be summoned and impaneled by the court in the usual […]
§ 54-14-115. Verdict Affirming Jury of View or More Unfavorable to Appellant — Costs
If the verdict of the jury upon the trial affirms the finding of the jury of view, or is more unfavorable to the appellant than the finding of the jury, the costs shall be adjudged against the appellant; otherwise, the court may award costs as in chancery cases.
§ 54-14-116. Writ of Possession to Petitioners
Upon the hearing of the case by the court or upon the judgment being pronounced on the verdict of the jury, the court may order a writ of possession to issue to place the petitioners in possession of the easement or right-of-way awarded to them.
§ 54-14-117. Easement Belongs to Owners of Lands Benefited — Reversion When Not Used
The easement or right-of-way shall belong to the owners of the lands benefited by the easement or right-of-way, and continue as long as the easement or right-of-way is used and maintained by them, their heirs or assigns, but upon the easement or right-of-way falling into nonuse or when the easement or right-of-way is not maintained […]
§ 54-14-118. Mutual Use Easement or Right-of-Way
In lieu of the absolute easement or right-of-way provided for in this chapter, the court, in its discretion, may grant a mutual use easement or right-of-way to the petitioner or petitioners and the owner or owners of the servient land. Under a mutual use easement or right-of-way, the petitioner shall be required to pay the […]
§ 54-14-119. No Right to Easement or Right-of-Way if Cut-Off or Obstruction Result of Intentional and Knowing Action of the Owner of Surrounding Land
Notwithstanding § 54-14-102, there is no right to have an easement or right-of-way condemned and set aside for the benefit of the land surrounded or enclosed by the lands of any other person if the court determines that the ingress or egress to and from the surrounded or enclosed land is cut off or obstructed […]
§ 54-14-105. Jury of View — Qualification — Number — Challenges
The jury of view shall consist of five (5) disinterested persons having all of the qualifications of jurors in the circuit court, unless the parties agree otherwise or upon a different number, and either party may challenge for cause or peremptorily as in other civil cases.
§ 54-14-106. Notice of Taking Inquest of Damages
The sheriff shall give the parties or their agent, if residents of the county where the suit is pending, three (3) days’ notice of the time and place of taking the inquest, unless the time has been fixed by order of the court.