§ 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.
§ 54-14-102. Condemnation to Secure Way of Ingress and Egress and Extending Utility Lines — Jurisdiction — Joinder of Parties in Action
A person owning any land, where ingress or egress to and from which is cut off or obstructed entirely from a public road or highway by the intervening land of another, or who has no outlet from the land to a public road in the state, by reason of the intervening land of another, is […]
§ 54-14-103. Parties to Petition to Secure Easement or Right-of-Way — Appraisal of Land — Documents of Internal Improvements — Contents of Petition — Costs Bond
The person or persons desiring to secure an easement or right-of-way may file their petition in the county where any of the lands affected by the proceedings lie: Making all parties owning or interested in any or interested in any way in the lands, or property to be affected by the easement or right-of-way parties […]
§ 54-14-104. Jury of View Ordered Summoned to Inquire of and Assess Damages
If pro confesso is taken against the defendants or if, upon answer filed by any of the defendants, or upon a trial upon the merits by the court, no sufficient cause is shown to the court why the easement or right-of-way should not be granted to petitioners, the court shall issue a writ of inquiry […]
§ 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.
§ 54-14-107. Oath of Jury of View
Before proceeding to act, the jury shall be sworn by the sheriff to fairly and impartially and without fear or favor to perform their duties as jurors, and to lay off by metes and bounds lands suitable for the easement or right-of-way and to inquire of and to assess the damages.
§ 54-14-108. Jury to Set Apart by Metes and Bounds and Assess Damages
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 the land or property for the purposes intended, and assess the damages occasioned to the parties interested or affected by the property taken.