Tennessee Code Annotated
Tenn. Code Ann. § 29-17-801 (2026)
Payments into court at commencement of condemnation proceedings
✓ current as of May 2026
- (a) When a governmental entity or other person or entity with the power of eminent domain deems it necessary to condemn any property or property rights pursuant to this chapter or chapter 16 of this title, it shall deposit the amount determined by the required appraisal with the clerk of the circuit court having jurisdiction in the county in which the property or property rights, or a portion of the property or property rights, is located, and shall file a petition in the court asking that the property or property rights be condemned and decreed to the condemner.
- (b) The payment into court shall in no way limit or fix the amount to be allowed under subsequent proceedings in such case, and any further or additional sum that may be finally awarded in any subsequent proceedings shall bear interest from the date of the taking of possession of the property or property rights condemned by the condemner.
Acts 1957, ch. 298, § 1; 1967, ch. 20, § 1; T.C.A., § 23-1526; Acts 1981, ch. 525, §§ 1, 2; T.C.A. § 29-17-701; Acts 2006, ch. 863, §§ 1, 21.
Notes of Decisions
Cited in 7
cases, 1988–2015 · leading case: State ex rel. Comm'r, Dep't of Transp. v. Cox, 840 S.W.2d 357 (Tenn. Ct. App. 1991).
State ex rel. Comm'r, Dep't of Transp. v. Cox, 840 S.W.2d 357 (Tenn. Ct. App. 1991). “— When a governmental entity or a levee or drainage district authorized to condemn by § 29-17-801(a)(2) deems it necessary or desirable to condemn any properly or property rights as set out in § 29-17-801, it shall proceed to determine what it deems to be the amount of damages…”
Leonard v. Knox Cnty., TN, 146 S.W.3d 589 (Tenn. Ct. App. 2004). “Tenn.Code Ann. § 29-17-801 gives the State, counties, and municipalities the power to acquire through eminent domain “such right-of-way, land, material, easements and rights as may be deemed necessary, suitable or desirable for the construction, reconstruction, maintenance,…”
Cary Whitehead/Homer Bunker v. Jim Rout (Tenn. Ct. App. 2001). “Section 29-17-801(a) of the Tennessee Code states the following: The state of Tennessee, its counties or municipalities are hereby authorized and empowered to acquire by the exercise of the power of eminent domain, in the manner hereinafter set out, such right-of- way, land,…”
Metro. Gov't of Nashville v. James E. Brown (Tenn. Ct. App. 2009). “However, a provision codified at Tenn. Code Ann. § 29-17-801 (b) states: The payment into court shall in no way limit or fix the amount to be allowed under subsequent proceedings in such case, and any further or additional sum that may be finally awarded in any subsequent…”
State v. Roger D. Haywood (Tenn. Ct. App. 2002). “§ 29-17-802 requires a governmental entity that is exercising its eminent domain powers under Tenn.Code Ann. § 29-17-801, et seq., to deposit with the Trial Court Clerk the amount of compensation it determines the property owner is entitled to for the taking of the property.”
West Wilson Util. Dist. v. Ligon, 768 S.W.2d 681 (Tenn. Ct. App. 1988). “Defendants rely on T.C.A. § 29-17-801 (Supp.1987) and T.C.A.”
State of Tennessee v. Donald Bruce Anderson (Tenn. Ct. App. 2015). “4 acres of Defendants‟ property pursuant to Tennessee Code Annotated §§ 29-17-801, et seq., and 54-5-104. The State deposited a total of $987,300.”
— Tenn. Code Ann. § 29-17-801(a) — 1 case
Cary Whitehead/Homer Bunker v. Jim Rout (Tenn. Ct. App. 2001). “Section 29-17-801(a) of the Tennessee Code states the following: The state of Tennessee, its counties or municipalities are hereby authorized and empowered to acquire by the exercise of the power of eminent domain, in the manner hereinafter set out, such right-of- way, land,…”
— Tenn. Code Ann. § 29-17-801(a)(2) — 1 case
State ex rel. Comm'r, Dep't of Transp. v. Cox, 840 S.W.2d 357 (Tenn. Ct. App. 1991). “— When a governmental entity or a levee or drainage district authorized to condemn by § 29-17-801(a)(2) deems it necessary or desirable to condemn any properly or property rights as set out in § 29-17-801, it shall proceed to determine what it deems to be the amount of damages…”
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