69-5-718 - Location of lateral drains Determination by board and fixing of damages. - Tennessee Statutes

69-5-718. Location of lateral drains Determination by board and fixing of damages.

(a)  If a controversy arises among any of the landowners, as to the location or character of any lateral drain or ditch between or across the lands of such owners, any one (1) or more of such landowners may, by petition, make application to the board to locate the ditch or drain and determine its character. Such petition shall set out with reasonable certainty the matters in controversy; and upon the petition being filed, it shall be the duty of the board of directors to fix a day for going upon the premises to determine the same. Five (5) days' notice of the time and place shall be given to the other parties interested who are not petitioners. On the day fixed, it shall be the duty of the board of directors to go upon the premises and examine the premises; and if in their judgment, a ditch, drain, or lateral should be made, in order to give the landowners the proper means in draining their low and wet lands and reaching the main improvements, they will locate the place for the lateral, drain, or ditch, determine the character of the same, and fix the amount of damages, if any, to be paid, and direct the petitioner, or petitioners to proceed and make the ditch, drain, or lateral.

(b)  The board of directors shall set out in writing the action taken, and spread it upon the minutes of the board of directors, and file the original paper with the other papers of the board.

[Acts 1915, ch. 63, § 6; Shan., §§ 3871a99, 3871a100; Code 1932, §§ 4327, 4328; T.C.A. (orig. ed.), §§ 70-1224, 70-1225; T.C.A. § 69-6-718.]