Tennessee § 29-17-107 Condemning land for public use - Condemner burden of proof - Determination of necessity defense - Exclusions

Tennessee Statutes

§ 29-17-107 — Condemning land for public use - Condemner burden of proof - Determination of necessity defense - Exclusions

Tennessee § 29-17-107

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This text of Tennessee § 29-17-107 (Condemning land for public use - Condemner burden of proof - Determination of necessity defense - Exclusions) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 29-17-107 (2026).

Text

(a)A condemner bears the burden of proving by a preponderance of the evidence that:

(1)The land, real estate, premises, or other property the condemner seeks to acquire is required for a public use;

(2)The condemner has a plan that reflects a reasonable schedule to complete the public use after the condemner takes ownership of the property;

(3)The condemner has access to funding to complete the public use; and (4) The public use cannot be accomplished by using or acquiring other property within the vicinity of the condemned property with the consent of the owner of the other property without an unreasonable increase in cost, delay, or a reduction in the effectiveness of the property.

(b)When a condemner approves the use of eminent domain, the property owner has a right to have a court

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(a) A condemner bears the burden of proving by a preponderance of the evidence that: (1) The land, real estate, premises, or other property the condemner seeks to acquire is required for a public use; (2) The condemner has a plan that reflects a reasonable schedule to complete the public use after the condemner takes ownership of the property; (3) The condemner has access to funding to complete the public use; and (4) The public use cannot be accomplished by using or acquiring other property within the vicinity of the condemned property with the consent of the owner of the other property without an unreasonable increase in cost, delay, or a reduction in the effectiveness of the property. (b) When a condemner approves the use of eminent domain, the property owner has a right to have a court of competent jurisdiction determine if the taking is necessary to accomplish the public use. The property owner may raise this section's required determination of necessity as a defense in an answer filed under § 29-17-104(a)(2) or in a separate cause of action notwithstanding § 29-17-104(a)(2) , subject to the statute of limitations pursuant to § 29-16-124 . (c) This section does not apply to condemnation actions for projects or uses regarding streets, highways, roads, bridges, transportation, utility water, public water projects, sewer, electricity, and utilities, including, but not limited to, gas and natural gas utilities.