54-14-112 - Report confirmed, or set aside and another writ awarded. - Tennessee Statutes

54-14-112. Report confirmed, or set aside and another writ awarded.

(a)  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 the one identified by the jury of view. The plat shall be served on all parties and filed with the court within thirty (30) days of the objection. The alternative route that the person proposes to substitute for the identified route shall be clearly marked on the plat. If the petitioner or any other party who owns the land on which all or part of the alternative route is located objects to the alternative route, the only remedy available to the petitioner or other party at the trial court level is to demand a trial by jury pursuant to § 54-14-114. An appeal from an adverse decision at the trial court level may be appealed by any party to the action as provided by law.

(b)  If no objection is filed to the report or upon objections being filed to the report and heard and considered by the court, the report may be confirmed by the court, or set aside and another writ of inquiry awarded by the court.

[Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a10; Code 1932, § 2756; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1912; Acts 2008, ch. 1082, § 3.]