69-4-105 - Condemnation of real estate for construction of levee. - Tennessee Statutes

69-4-105. Condemnation of real estate for construction of levee.

(a)  The commissioners may take the real estate of any person, not exceeding the amount necessary for the construction and maintenance of the levee, by petition filed in the circuit court of the county in which the land lies, setting forth in substance:

     (1)  The land wanted;

     (2)  The name of the owner, or, if unknown, stating that fact; and

     (3)  With a prayer for the land designated to be decreed to the county.

(b)  Notice of the filing of this petition shall be given to the owner of the land, or, if the owner is a nonresident of the county, to the owner's agent, and if a nonresident of the state, notice shall be given in the usual mode by publication in lieu of personal service.

(c)  The notice provided for in subsection (b) for shall require the defendants to appear on the first Monday in some specified month, and be served five (5) days before that day, after which time, if no cause to the contrary is shown, the clerk of the court shall issue a writ of inquiry to the sheriff to summon a jury to inquire and assess the damages, and the report of the jury shall be reduced to writing, signed by a majority of the persons, and returned to the next term of the court.

(d)  If no objection to the report is made, it may be confirmed by the court, and the land decreed to the county, and the amount of damages so assessed to each party by the jury shall be made a part of the record decreeing the title to the county.

(e)  The damages so assessed shall be claimed by the persons interested, by written notice to that effect filed with the clerk of the circuit court, within one (1) year from the confirmation of the report of the jurors, and in case of failure to do so, they shall be forever barred.

[Acts 1871, ch. 131, §§ 11-15; Shan., §§ 3864-3868; Code 1932, §§ 4202-4206; T.C.A. (orig. ed.), §§ 70-61070-614; T.C.A. § 69-5-105.]