§ 54-14-114 — Appeal from jury of view - New trial before a jury summoned in usual way - Exclusive remedy

(a) Within thirty (30) days, either party may appeal to the court from the finding of the jury of view, and demand a trial by a jury and, upon giving security for costs, may have a new trial before a jury of twelve (12) persons to be summoned and impaneled by the court in the usual way. (b) The demand for a trial by a jury in accordance with subsection (a) shall be the exclusive remedy for relief from the finding of a jury of view and no other appeal from the finding shall lie. The jury must either affirm the finding of the jury of view or set apart a different quantity of land or property for ingress or egress to the land of the petitioner; but, in no event, shall the party petitioning for a right of way pursuant to this part be left without a sufficient outlet of ingress and egress.

Legislative History

Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a12; Code 1932, § 2758; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §54-1914; Acts 2008 , ch. 1082, § 4.