Tennessee Code Annotated

Tenn. Code Ann. § 29-16-122 (2026)

Prerequisites to occupation

✓ current as of May 2026
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No person or company shall, however, enter upon such land for the purpose of actually occupying the right-of-way, until the damages assessed by the jury of inquest and the costs have been actually paid; or if an appeal has been taken, until the bond has been given to abide by the final judgment as provided in § 29-16-120.

Code 1858, § 1346; Shan., § 1865; Code 1932, § 3130; C. Supp. 1950, § 3130; T.C.A. (orig. ed.), § 23-1422.


Notes of Decisions
Cited in 29 cases, 2006–2016 · leading case: Timothy Davis ex rel. Katherine Michelle Davis v. Michael Ibach, MD, 465 S.W.3d 570 (Tenn. 2015).
Timothy Davis ex rel. Katherine Michelle Davis v. Michael Ibach, MD, 465 S.W.3d 570 (Tenn. 2015). “§ 29-16-122(d)(4) (“A certificate of good faith shall disclose the number of prior violations of this section *572 by the executing party.”
Sandi D. Jackson v. HCA Health Servs. of Tennessee, Inc. d/b/a Centennial Med. Ctr., 383 S.W.3d 497 (Tenn. Ct. App. 2012). “The trial court entered an order upholding the constitutionality of Tennessee Code Annotated § 29-16-122 on March 11, 2011. This appeal followed.”
Midwestern Gas Transmission Co. v. Rufus Reese (Tenn. Ct. App. 2006). · cites it 4× “Tenn. Code Ann. § 29-16-122 warns, however, that this temporary, limited right of preliminary entry must not be confused with the right to enter private property for the purpose of “actually occupying” it, which the statutory scheme authorizes only after the filing of a…”
Midwestern Gas Transmission Co. v. Ronald R. Dunn (Tenn. Ct. App. 2006). · cites it 4× “Tenn. Code Ann. § 29-16-122 warns, however, that this temporary, limited right of preliminary entry must not be confused with the right to enter private property for the purpose of “actually occupying” it, which the statutory scheme authorizes only after the filing of a…”
Midwestern Gas Transmission Co. v. Robert G. Ingrum (Tenn. Ct. App. 2006). · cites it 4× “Tenn. Code Ann. § 29-16-122 warns, however, that this temporary, limited right of preliminary entry must not be confused with the right to enter private property for the purpose of “actually occupying” it, which the statutory scheme authorizes only after the filing of a…”
Midwestern Gas Transmission Co. v. Rebecca Warren (Tenn. Ct. App. 2006). · cites it 4× “Tenn. Code Ann. § 29-16-122 warns, however, that this temporary, limited right of preliminary entry must not be confused with the right to enter private property for the purpose of “actually occupying” it, which the statutory scheme authorizes only after the filing of a…”
Midwestern Gas Transmission Co. v. Nikki Wallace (Tenn. Ct. App. 2006). · cites it 4× “Tenn. Code Ann. § 29-16-122 warns, however, that this temporary, limited right of preliminary entry must not be confused with the right to enter private property for the purpose of “actually occupying” it, which the statutory scheme authorizes only after the filing of a…”
Midwestern Gas Transmission Co. v. Michael Rippy (Tenn. Ct. App. 2006). · cites it 4× “Tenn. Code Ann. § 29-16-122 warns, however, that this temporary, limited right of preliminary entry must not be confused with the right to enter private property for the purpose of “actually occupying” it, which the statutory scheme authorizes only after the filing of a…”
Midwestern Gas Transmission Co. v. James R. Stephenson (Tenn. Ct. App. 2006). · cites it 4× “Tenn. Code Ann. § 29-16-122 warns, however, that this temporary, limited right of preliminary entry must not be confused with the right to enter private property for the purpose of “actually occupying” it, which the statutory scheme authorizes only after the filing of a…”
Midwestern Gas Transmission Co. v. James Lassiter (Tenn. Ct. App. 2006). · cites it 4× “Tenn. Code Ann. § 29-16-122 warns, however, that this temporary, limited right of preliminary entry must not be confused with the right to enter private property for the purpose of “actually occupying” it, which the statutory scheme authorizes only after the filing of a…”
Midwestern Gas Transmission Co. v. Fred Thomas McKee (Tenn. Ct. App. 2006). · cites it 4× “Tenn. Code Ann. § 29-16-122 warns, however, that this temporary, limited right of preliminary entry must not be confused with the right to enter private property for the purpose of “actually occupying” it, which the statutory scheme authorizes only after the filing of a…”
Midwestern Gas Transmission Co. v. Fred P. Walter (Tenn. Ct. App. 2006). · cites it 4× “Tenn. Code Ann. § 29-16-122 warns, however, that this temporary, limited right of preliminary entry must not be confused with the right to enter private property for the purpose of “actually occupying” it, which the statutory scheme authorizes only after the filing of a…”
— Tenn. Code Ann. § 29-16-122(d)(4) — 1 case
Timothy Davis ex rel. Katherine Michelle Davis v. Michael Ibach, MD, 465 S.W.3d 570 (Tenn. 2015). “§ 29-16-122(d)(4) (“A certificate of good faith shall disclose the number of prior violations of this section *572 by the executing party.”
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