(a) Subject to subsection (e), an authority has the power to condemn either the fee or any right, title, interest or easement in property that the board may deem necessary for any of the purposes authorized in this chapter, and the property or interest in that property may be so acquired whether or not the property or the interest in the property is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purposes as it may deem necessary or convenient for the construction and operation of the project upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner of the property or interest; provided, that prior public use shall not be interfered with by this use.
Terms Used In Tennessee Code 41-12-111
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. 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 condemnation may be exercised in the mode or method of procedure prescribed by title 29, chapter 17, or in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain.(c) All public agencies and commissions of the state, with the approval of the governor, are authorized and empowered to lease, lend, grant, or convey to an authority created pursuant to this chapter at its request, upon such terms and conditions as may be mutually agreed upon, without the necessity for any advertisement, order of court or other action or formality, any real property that may be necessary or convenient to the effectuation of the authorized purposes of the authority, including real property already devoted to public use.(d) Title to any property acquired by an authority created pursuant to this chapter shall be taken in the name of the authority.(e) No authority shall locate a jail in a governmental entity that is not a participating governmental entity in the authority unless the governing body of the nonparticipating governmental entity grants express consent to the location.
