(a) Within the exterior boundaries of the right-of-way, the commissioner may acquire, on behalf of the state of Tennessee, lands in fee title, or interest in land in the form of conservation easements or cooperative agreements. Acquisition of land or of interest therein may be by gift, purchase with donated funds or funds appropriated by the general assembly, proceeds from the sale of bonds, exchange, assumption of property tax payments, or otherwise. Acquisition of land or interest therein shall be accomplished with all possible speed. In acquiring real property or the property interest therein, as defined in this section, the power of eminent domain shall not be utilized to acquire a fee simple or lessor interests to more than twenty-five (25) acres in any one (1) mile of trail length. Such power shall not be used to acquire crop or fenced pasture land when such acquisition will interfere with the growing of crops or with the livestock or pasture land on the remaining property of the farm owner.

Terms Used In Tennessee Code 11-11-112

  • Commissioner: means the commissioner of environment and conservation. See Tennessee Code 11-11-103
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) The power of eminent domain shall not be utilized for acquisitions in the Chickasaw Bluffs Trail area, as defined in § 11-11-106.
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