69-5-1001 - Application by petitions Engineer Viewers. - Tennessee Statutes

69-5-1001. Application by petitions Engineer Viewers.

(a)  Where a proposed or desired improvement will require a location in more than one (1) county, applications by petition shall be made to the county court of each of the counties as provided by part 1 of this chapter for applications where the improvement to be made lies wholly in one (1) county, and signed by one (1) or more persons owning lands lying in each county to be affected, or assessed for the proposed improvement.

(b)  When such petitions have been filed, the county court of the county in which the larger or largest percent of the lands to be affected by such improvement lies shall appoint a competent engineer to make survey, of such proposed improvement district in the same manner as when the proposed improvement lies wholly in one (1) county, and such engineer shall proceed in the same manner as when the improvement lies wholly in one (1) county, and the engineer shall make out duplicate reports of the survey and work and file one (1) with each of the county clerks in the counties where the petition for such improvement is filed. After the reports of the engineer are so filed, the county court of each of the counties shall proceed as provided in part 1 of this chapter for improvement districts located wholly in one (1) county until the point in the proceeding is reached when viewers are to be appointed to assess damages, as provided by part 2 of this chapter. As to such viewers, the county court of the county in which the larger or largest percent of the lands to be affected or assessed on account of such improvement is located, or lies, shall appoint two (2) viewers, and one (1) of whom shall be appointed by the county court of each of the other counties concerned, if more than one (1) other county, and if only one (1) other, by the county court of such county, the viewers to have the same qualifications, as provided for viewers in part 2 of this chapter. When so appointed, the viewers shall meet as soon as practicable at some convenient point to be designated by the clerk of the county, the court of which appoints two (2) of the viewers, and shall then proceed to assess damages, as provided in part 2 of this chapter for districts lying in one (1) county only, the engineer rendering them like assistance, as provided in part 2 of this chapter. When their work is completed, the viewers shall make out one (1) copy of their report for each of the counties, signing same, and shall file a copy of such report with each of the county clerks of the counties where such petitions have been filed for the establishment of such improvement or district.

[Acts 1909, ch. 185, § 29; Shan., § 3871a116; Code 1932, § 4345; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1501; T.C.A. § 69-6-1001.]