Tennessee Code Annotated
Tenn. Code Ann. § 29-17-701 (2026)
Action in rem - Title uncertain
✓ current as of May 2026
- (a) Whenever the state of Tennessee or any county therein or the United States shall desire to take or damage private property in pursuance of any law so authorizing, and shall find or believe that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete or in controversy; or that there are or may be persons unknown or nonresidents who have or may have some claim or demand thereon, or some actual or contingent interest or estate therein; or that there are minors or persons under disability who are or may be interested therein; or that there are taxes due or that should be paid thereon; or shall, for any reason, conclude that it is desirable to have a judicial ascertainment of any question connected with the matter; the state, county or the United States as the condemner, through any authorized representative, either in term time or vacation, may petition the circuit court of the county having jurisdiction, for a judgment in rem against such property, condemning the same to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment.
- (b) After the expiration of ten (10) days from the date the petition for condemnation is filed in the circuit court, the petitioner shall have the right to thereupon enter upon and take possession of the land sought to be condemned, and if necessary to place such petitioner in possession thereof, the clerk of the circuit court in which the petition is filed shall issue to the petitioner, upon request, a writ of possession directed to the sheriff of the county to put the petitioner into possession of the land.
Acts 1937, ch. 262, § 1; C. Supp. 1950, § 3170.1 (Williams, § 3171.1); T.C.A. (orig. ed.), § 23-1513; T.C.A. § 29-17-601; Acts 2006, ch. 863, § 1.
Notes of Decisions
Cited in 5
cases, 1988–2009 · leading case: Smith Cnty. v. Eatherly, 820 S.W.2d 366 (Tenn. Ct. App. 1991).
Smith Cnty. v. Eatherly, 820 S.W.2d 366 (Tenn. Ct. App. 1991). “2d 743, 744-45 (1963); Tenn.Code Ann. § 29-17-701(b) (1980). 2 Trial courts have wide latitude to control the admission of valuation evidence in condemnation proceedings.”
Montgomery Cnty. v. Nichols, 10 S.W.3d 258 (Tenn. Ct. App. 1999). “Tenn.Code Ann. § 29-17-701(a) (Supp. 1998) (emphasis added).”
Sevier Cnty. v. John Waters, Tr., 126 S.W.3d 913 (Tenn. Ct. App. 2003). “The subject of interest on a condemnation award is addressed in Tenn. Code Ann. § 29-17-701 (2000), which provides as follows: (a)Whenever the state of Tennessee, its counties or municipalities, institutes a condemnation proceeding in any court, under the provisions of this…”
Metro. Gov't of Nashville v. James E. Brown (Tenn. Ct. App. 2009). “3d at 916 (citing Tenn. Code Ann. § 29-17-701 (2001) (“In any -12- subsequent judgment, the judge shall include in the judgment, in addition to the principal, interest from the date of taking possession of the property to the date of the judgment; provided, that no interest…”
West Wilson Util. Dist. v. Ligon, 768 S.W.2d 681 (Tenn. Ct. App. 1988). “However, the General Assembly, in enacting T.C.A. §§ 29-17-701 — 29-17-814, provided a supplementary method of condemning property.”
— Tenn. Code Ann. § 29-17-701(a) — 1 case
Montgomery Cnty. v. Nichols, 10 S.W.3d 258 (Tenn. Ct. App. 1999). “Tenn.Code Ann. § 29-17-701(a) (Supp. 1998) (emphasis added).”
— Tenn. Code Ann. § 29-17-701(b) — 1 case
Smith Cnty. v. Eatherly, 820 S.W.2d 366 (Tenn. Ct. App. 1991). “2d 743, 744-45 (1963); Tenn.Code Ann. § 29-17-701(b) (1980). 2 Trial courts have wide latitude to control the admission of valuation evidence in condemnation proceedings.”
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