All parties having any interest in any way in such land or rights may be made defendants, and the proceedings shall only cover and affect the interest of those who are actually made parties, unborn remaindermen being, however, bound by proceedings to which all living persons in interest are parties.
Code 1858, § 1329; Shan., § 1848; mod. Code 1932, § 3113; T.C.A. (orig. ed.), § 23-1406.
Notes of Decisions
Cited in
5
cases, 1990–2013 · leading case:
Barge v. Sadler, 70 S.W.3d 683 (Tenn. 2002).
Barge v. Sadler, 70 S.W.3d 683 (Tenn. 2002).
· cites it 2× “Tenn.Code Ann. § 29-16-106 (2000) (“The proceedings shall only cover and affect the interest of those who are actually made parties .”
Tennessee ex rel. City of Cookville v. Upper Cumberland Elec. Membership Corp., 256 F. Supp. 2d 754 (M.D. Tenn. 2003).
· cites it 2× “In order to comply with Tenn. Code Ann. § 29-16-106 , which requires that all parties having any interest in the land or rights involved in an eminent domain case be made defendants, Cookeville added as defendants the federal Rural Utilities Service (“RUS”), 1 an agency of the…”
City of Cookeville v. Upper Cumberland Elec. Membership Corp., 360 F. Supp. 2d 873 (M.D. Tenn. 2005).
· cites it 2× “In order to comply with Tenn. Code Ann. § 29-16-106 , which requires that all parties having any interest in the land or rights involved in an eminent domain case be made defendants, Cookeville added as defendants the federal Rural Utilities Service (“RUS”), an agency of the…”
Lamar Advert. of Tennessee, Inc. v. Metro. Dev. & Hous. Auth., 803 S.W.2d 686 (Tenn. Ct. App. 1990).
· cites it 2× “Although the record is silent on the point, it is apparent that MDHA did not name Lamar as a party to the condemnation proceedings pursuant to T.C.A. § 29-16-106 (1980). Lamar argues that the new lease it executed with MDHA should have no bearing on the fact of the previous…”
Willowmet Homeowners Ass'n v. City of Brentwood, No. M2012-01315-COA-R3-CV (Tenn. Ct. App. May 16, 2013).
“13 12 These statutes are currently codified at Tennessee Code Annotated §§ 29-16-106 and 29-17-710. 13 The Sixth Circuit Court expressed the following view of the trial tactics as follows: This is sort of a cat and mouse game whereby the respective parties hope to gain an…”
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