§ 54-14-102 — Condemnation to secure way of ingress and egress and extending utility lines - Jurisdiction - Joinder of parties in action

Tennessee § 54-14-102

• Jurisdiction: Tennessee
• Title: 54

Text

(a) (1) A person owning any land, where ingress or egress to and from which is cut off or obstructed entirely from a public road or highway by the intervening land of another, or who has no outlet from the land to a public road in the state, by reason of the intervening land of another, is given the right to have a private easement or right-of-way not exceeding twenty-five feet (25') condemned and set aside for the benefit of the land over and across the intervening land for the purpose of ingress and egress and extending utility lines, including, but not limited to, electric, natural gas, water, sewage, telephone, or cable television to the enclosed land. Maintenance of the easement or right-of-way shall be the responsibility of the person granted the easement or right-of-way. Gates or fencing that restricts access to the subservient land may not be erected. In counties with a metropolitan form of government, the maximum permissible width for an easement or right-of-way is fifteen feet (15'). (2) If a person who already possesses a private easement or right-of-way of less than twenty-five feet (25') granted pursuant to this chapter determines that additional land is needed for the purpose of extending utility lines, including, but not limited to, electric, natural gas, water, sewage, telephone, or cable television, to the enclosed land, then the person must file a new petition requesting additional land. Upon receipt of a petition requesting additional land for the extension of utility lines, the court may, upon a showing of good cause, grant the petitioner's request and direct a jury of view to lay off and mark an additional area for utility lines; provided, that the total private easement or right-of-way does not exceed fifteen feet (15') in counties with a metropolitan form of government or twenty-five feet (25') in all other areas. (b) The chancery and circuit courts and county courts, the latter acting by and through the county mayor, are given concurrent jurisdiction in such matters. (c) As many different owners of lands as may be cut off or obstructed or deprived of adequate and convenient outlets may join together against any number of different owners of intervening lands as wish to have the easement or right-of-way so condemned and set aside to them over the intervening property, and the joining shall not make the proceedings multifarious.

Legislative History

Amended by 2022 Tenn. Acts, ch. 808, s 1, eff. 4/8/2022. Amended by 2020 Tenn. Acts, ch. 703, s 2, eff. 6/22/2020. Acts 1921, ch. 75, § 1; Shan. Supp., § 1634a1; Code 1932, § 2746; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §54-1902; Acts 2003 , ch. 90, § 2.