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. - Tennessee Statutes

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.

(a)  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:

     (1)  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 defendant to the proceedings; provided, that, if one of the parcels surrounding the land is owned by the federal government, the petitioner is not required to make the federal government, or any agency or instrumentality of the federal government, a party defendant to the petition for easement or right-of-way when the portion of land or property desired for the easement or right-of-way filed by the petitioner is over lands or property not owned by the federal government, or any agency or instrumentality of the federal government;

     (2)  Setting out the portions of land or property desired for the easement or right-of-way and the amount, extent, and location of the land or property desired;

     (3)  Setting out the name or names of the owners or those interested in any way in land or property or to be affected by the proceedings, or if unknown or their residence or citizenship cannot be ascertained by diligent inquiry, the facts are to be stated;

     (4)  Setting out the object for which the easement or right-of-way is wanted; and

     (5)  Praying that a sufficient amount of the property be set apart by metes and bounds for the easement or right-of-way and that petitioners be put into possession of the property.

(b)  Upon the filing of a petition by the person desiring to secure the easement or right-of-way, the court shall appoint an appraiser to conduct an appraisal of the parcel of land or rights in the land or incident to the land a portion of which is wanted. The cost of the appraisal shall be borne by the person seeking to appropriate the land. Upon completion, the appraisal shall be filed with the court and within thirty (30) days of the filing, the person seeking to appropriate the land shall post a bond for two (2) times the amount of the appraisal. The appraisal shall be conducted for the sole purpose of determining the amount of the bond and shall not be admissible as evidence.

(c)  Upon the request of any party or the court, after the filing of the petition, the person seeking to appropriate the land shall provide a copy of any and all prospective building plans, construction specifications, or similar documents related to the work of internal improvement to take place on the land.

(d)  Bond shall be given for costs, and copy and process shall issue or publication be made for nonresidents or those whose residence or citizenship is unknown and cannot be ascertained by diligent inquiry, for the defendants named as in chancery cases.

(e)  All persons made defendants, and unborn beneficiaries of the remainder interests, shall be bound by the proceedings.

[Acts 1921, ch. 75, § 2; Shan. Supp., § 1634a2; Code 1932, § 2747; T.C.A. (orig. ed.), § 54-1903; Acts 1999, ch. 362, § 1; 2008, ch. 1082, § 2.]