29-17-901 - Eminent domain for state, county or municipal road purposes and for certain levee and drainage districts Supplementary condemnation procedure for counties and municipalities. - Tennessee Statutes

29-17-901. Eminent domain for state, county or municipal road purposes and for certain levee and drainage districts Supplementary condemnation procedure for counties and municipalities.

(a)  (1)  The state of Tennessee, its counties or municipalities are hereby authorized and empowered to acquire by the exercise of the power of eminent domain, in the manner hereinafter set out, such right-of-way, land, material, easements and rights as may be deemed necessary, suitable or desirable for the construction, reconstruction, maintenance, repair, drainage or protection of any street, road, highway, freeway or parkway by the official charged by law with the construction or maintenance of the same.

     (2)  Levee and drainage districts located in counties with a population of not less than thirty thousand (30,000) nor more than thirty-one thousand (31,000) according to the 1970 federal census or any subsequent federal census, created pursuant to title 69, chapter 6, are hereby authorized and empowered to acquire by the exercise of the power of eminent domain, in the manner hereinafter set out, such right-of-way, land, material, easements and rights as may be deemed necessary, suitable or desirable to construct levees, ditches, drains or watercourses, or to straighten, widen, deepen, or change natural watercourses in such districts.

(b)  Sections 29-17-902 29-17-914 shall also 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 condemnation to counties and municipalities for county and municipal purposes respectively, and the making of compensation in the manner therein set forth shall also be so implied; provided, that either party, upon filing a statement to that effect within five (5) days of the service or publication of the original petition, may elect to proceed under the provisions of chapter 16 of this title or this chapter.

[Acts 1959, ch. 216, § 1; 1965, ch. 153, § 1; T.C.A., § 23-1528; Acts 1981, ch. 248, § 1; T.C.A. § 29-17-801; Acts 2006, ch. 863, § 1.]