(a) When the plan, if any, has finally met the approval of the monthly county court, the court shall order the county clerk to issue a summons or writ to the sheriff of the proper county, the writ to run in the name of the state, commanding the sheriff to summon the persons named in the writ to appear before the monthly county court on the day set by it for the hearing of the petition.

Terms Used In Tennessee Code 54-12-128

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". 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
  • Summons: Another word for subpoena used by the criminal justice system.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(b) The writ or summons shall name the owners of all tracts or lots of land not petitioners, within the proposed road improvement district, as shown by the tax books of the county, or by affidavit filed, and upon the persons in actual occupancy of the lands or lots, and also upon any lienholder or encumbrancer of any land in the proposed district, as shown by the county records, and shall notify them of the pendency of the petition and the prayer of the petition, but no copy of the petition shall accompany the writ.
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