Part 1 Power and Use of Eminent Domain — General Provisions 29-17-101 – 29-17-106
Part 2 Counties 29-17-201 – 29-17-203
Part 3 Municipalities 29-17-301 – 29-17-302
Part 4 University of Tennessee 29-17-401
Part 5 Housing Authorities 29-17-501 – 29-17-504
Part 6 Coast and Geodetic Surveys 29-17-601 – 29-17-602
Part 7 Action in Rem 29-17-701 – 29-17-713
Part 8 Payments Into Court 29-17-801 – 29-17-802
Part 9 Supplementary Method 29-17-901 – 29-17-914
Part 10 Miscellaneous Provisions 29-17-1001 – 29-17-1005

Terms Used In Tennessee Code > Title 29 > Chapter 17 - Eminent Domain by Public Agencies

  • 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.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Articles of conversion: means the form of articles provided for in chapter 204 of this title creating a new LLC and evidencing the conversion of an existing partnership or corporation to the new LLC which shall have all of the assets and liabilities of the former partnership. See Tennessee Code 48-202-101
  • articles of organization: means in the case of an LLC organized under Chapters 201 248 of this title, articles of organization, articles of amendment, articles of correction, certificates of merger, and all similar documents required to be filed with any of the foregoing as part of the formation and continuation of an LLC. See Tennessee Code 48-202-101
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bequest: Property gifted by will.
  • board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
  • board of directors: means the governing board of a corporation, whether denominated the board of directors or otherwise, except that no person or group of persons is the board of directors because of powers delegated to that person or group pursuant to §. See Tennessee Code 48-51-201
  • board of governors: means the board of governors of an LLC electing to be board-managed or, in the case of a foreign limited liability company, its equivalent. See Tennessee Code 48-202-101
  • Board-managed: means an LLC organized pursuant to this title that elected pursuant to §. See Tennessee Code 48-202-101
  • Business: includes every trade, occupation, profession, investment activity and other lawful purpose for gain or the preservation of assets whether or not carried on for profits. See Tennessee Code 48-202-101
  • Class: when used with reference to membership interests, means a category of membership interests that differs in one (1) or more rights or preferences from another category of membership interests of the LLC. See Tennessee Code 48-202-101
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Commissioner: means any person in office as a member of the public service commission, as prescribed by title 65, chapter 1, prior to June 30, 1996. See Tennessee Code 8-34-101
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contribution agreement: means a binding agreement between a person and an LLC under which:

    1. The person has an obligation to make a contribution to the LLC in the future. See Tennessee Code 48-202-101
    2. Contribution allowance agreement: means an agreement between a person and an LLC, under which:

      1. The person has the right, but not the obligation, to make a contribution to the LLC in the future. See Tennessee Code 48-202-101
      2. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
      3. Court: includes every court and judge having jurisdiction in the case. See Tennessee Code 48-202-101
      4. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
      5. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
      6. delivery: means any method of delivery used in conventional commercial practice, including delivery by hand, mail, commercial delivery, and, if authorized in accordance with §. See Tennessee Code 48-11-201
      7. Devise: To gift property by will.
      8. Dissolution: means that the LLC has incurred an event under §. See Tennessee Code 48-202-101
      9. Dissolution avoidance consent: means the consent to continue the existence and business of the LLC without dissolution, which consent is given as provided in §. See Tennessee Code 48-202-101
      10. Distribution: means a direct or indirect transfer of money or other property (except its own membership interests) with or without consideration, or an incurrence or issuance of indebtedness, (whether directly or indirectly, including through a guaranty) by an LLC to or for the benefit of any of its members in respect of membership interests. See Tennessee Code 48-202-101
      11. Docket: A log containing brief entries of court proceedings.
      12. Document: means :

        1. Any tangible medium on which information is inscribed, and includes any writing or written instrument. See Tennessee Code 48-11-201
        2. domestic corporation: means a corporation for profit, which is not a foreign corporation, incorporated under or subject to the Tennessee Business Corporation Act, compiled in Chapters 11 27 of this title, as amended. See Tennessee Code 48-202-101
        3. Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Tennessee Code 48-11-201
        4. Eminent domain: means the authority conferred upon the government, and those entities to whom the government delegates such authority, to condemn and take, in whole or in part, the private property of another, so long as the property is taken for a legitimate public use in accordance with the fifth and fourteenth amendments to the United States Constitution, the Constitution of Tennessee, Art. See Tennessee Code 29-17-102
        5. Employee: includes an officer but not a director. See Tennessee Code 48-11-201
        6. Employer: means :

          The state or any department, commission, institution, board or agency of the state government by which a member is paid, with respect to members in its employ. See Tennessee Code 8-34-101

        7. Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
        8. Entity: includes the following, whether foreign or domestic: LLCs. See Tennessee Code 48-202-101
        9. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
        10. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
        11. Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
        12. Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
        13. Financial rights: means a member's rights to:

          1. Share in profits and losses as provided in §. See Tennessee Code 48-202-101
          2. Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Tennessee Code 48-202-101
          3. Fraud: Intentional deception resulting in injury to another.
          4. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
          5. Governance rights: means a right to vote on one (1) or more matters and all a member's rights as a member in the LLC other than financial rights and the right to assign financial rights. See Tennessee Code 48-202-101
          6. Governing body: means the board of governors in the case of a board-managed LLC, the members in the case of a member-managed LLC, and the board of directors in the case of a corporation. See Tennessee Code 48-202-101
          7. Governor: means a natural person or entity serving on the board of governors of a board-managed LLC. See Tennessee Code 48-202-101
          8. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
          9. Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
          10. Individual: includes the estate of an incompetent or deceased individual. See Tennessee Code 48-11-201
          11. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
          12. Interest: means either or both of the following rights under the organic law of an unincorporated entity:

            1. The right to receive distributions from the entity either in the ordinary course or upon liquidation. See Tennessee Code 48-11-201
            2. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
            3. Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
            4. 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
            5. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
            6. Lien: A claim against real or personal property in satisfaction of a debt.
            7. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
            8. LLC: means a limited liability company, organized under Chapters 201 248 of this title. See Tennessee Code 48-202-101
            9. Majority vote: means with respect to a vote of the members, if voting on a per capita basis, a majority in number of the members entitled to vote on a specific matter, or if the voting is determined otherwise, a majority of the voting interest (which may be expressed as a percentage) entitled to vote on a specific matter, and with respect to a vote of the governors, a majority in number of the governors entitled to vote on a specific matter. See Tennessee Code 48-202-101
            10. Manager: means a person elected, appointed, or otherwise designated as a manager by the governing body, and any other person considered elected as a manager pursuant to §. See Tennessee Code 48-202-101
            11. Member: means a person reflected in the required records of an LLC as the owner of some governance rights of a membership interest of the LLC. See Tennessee Code 48-202-101
            12. Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
            13. Member-managed: means an LLC organized pursuant to this title that has elected pursuant to §. See Tennessee Code 48-202-101
            14. Membership: means the rights and obligations a member has pursuant to a corporation's charter, bylaws and Chapters 51 68 of this title. See Tennessee Code 48-51-201
            15. Membership interest: means a member's interest in an LLC consisting of a member's financial rights, a member's right to assign financial rights as provided in §. See Tennessee Code 48-202-101
            16. Month: means the time from any day of any month to the corresponding day of the succeeding month, if any, and if none, the last day of the succeeding month. See Tennessee Code 48-11-201
            17. Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
            18. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
            19. Operating agreement: means a written agreement described in §. See Tennessee Code 48-202-101
            20. Owners: means members in the case of an LLC, shareholders in the case of a corporation, partners in the case of general or limited partnerships and the equivalent with respect to other entities. See Tennessee Code 48-202-101
            21. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
            22. Person: includes individual and entity. See Tennessee Code 48-202-101
            23. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
            24. Personal property: All property that is not real property.
            25. Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
            26. Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
            27. Plaintiff: The person who files the complaint in a civil lawsuit.
            28. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
            29. Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
            30. Principal executive office: means an office, in or out of this state, where the principal office of the chief manager of the LLC or foreign LLC is located. See Tennessee Code 48-202-101
            31. Principal office: means the office (in or out of this state) so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located. See Tennessee Code 48-11-201
            32. Proceeding: includes civil suit and criminal, administrative, and investigatory action. See Tennessee Code 48-202-101
            33. Property: includes both personal and real property. See Tennessee Code 1-3-105
            34. Quorum: The number of legislators that must be present to do business.
            35. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
            36. 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
            37. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
            38. Record date: means the date established under chapter 16 or 17 on which a corporation determines the identity of its shareholders for purposes of Chapters 11 27 of this title. See Tennessee Code 48-11-201
            39. Registered office: means the place in this state designated in the articles as the registered office of the LLC. See Tennessee Code 48-202-101
            40. Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
            41. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
            42. Representative: means a governor, manager, employee or other agent of a foreign LLC. See Tennessee Code 48-202-101
            43. Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
            44. Retirement: means withdrawal from membership with a retirement allowance granted under Chapters 34 37 of this title. See Tennessee Code 8-34-101
            45. Retirement system: means the Tennessee consolidated retirement system as defined in §. See Tennessee Code 8-34-101
            46. 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
            47. Secretary: means the corporate officer to whom the bylaws or the board of directors has delegated responsibility under §. See Tennessee Code 48-11-201
            48. Secretary of state: means the person who holds the office of secretary of state of Tennessee. See Tennessee Code 48-202-101
            49. Series: means a category of membership interests, within a class of membership interests, that have some of the same rights and preferences as other membership interests within the same class, but that differ in one (1) or more rights and preferences from another category of membership interests within that class. See Tennessee Code 48-202-101
            50. Service of process: The service of writs or summonses to the appropriate party.
            51. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
            52. Share: means the unit into which the proprietary interests in a corporation are divided. See Tennessee Code 48-11-201
            53. signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
            54. State: means the state of Tennessee. See Tennessee Code 8-34-101
            55. 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
            56. Statute: A law passed by a legislature.
            57. Subsidiary: means a corporation more than fifty percent (50%) of whose outstanding voting shares are owned by its parent and/or the parent's other wholly-owned subsidiaries. See Tennessee Code 48-11-201
            58. Termination: means the end of an LLC's existence as a legal entity and occurs when the articles of termination are filed with the secretary of state under §. See Tennessee Code 48-202-101
            59. Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
            60. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
            61. Trustee: A person or institution holding and administering property in trust.
            62. United States: includes district, authority, bureau, commission, department, and any other agency of the United States. See Tennessee Code 48-11-201
            63. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
            64. Verdict: The decision of a petit jury or a judge.
            65. Voting group: means all shares of one (1) or more classes or series that under the charter or Chapters 11 27 of this title are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Tennessee Code 48-11-201
            66. Voting power: means the total number of votes entitled to be cast for the election of directors at the time the determination of voting power is made, excluding a vote which is contingent upon the happening of a condition or event that has not occurred at the time. See Tennessee Code 48-51-201
            67. Writ: A formal written command, issued from the court, requiring the performance of a specific act.
            68. written: means any information in the form of a document. See Tennessee Code 48-11-201
            69. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
            70. Written action: means a written document signed by those persons required to take the action described. See Tennessee Code 48-202-101
            71. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105