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Form 1 - Petition for Condemnation

Reference Number: MTAS-1328
Tennessee Code Annotated
Reviewed Date: October 23, 2018
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PETITION FOR CONDEMNATION

Petitioner _______________ respectfully states as follows:

1. Petitioner is a municipality and public corporation of the state of Tennessee and has the power of condemnation and eminent domain for public purposes when public convenience requires it pursuant to _______________ (insert charter or private act section). This petition is filed pursuant to Tennessee Code Annotated, Sections 29-17-901 et seq., (or 29-16-101 et seq., if jury of view procedure is used) to acquire certain property rights for the completion of _____________ (identify project) with specific authority as set out in ____________________ (identify ordinance or resolution authorizing condemnation for project).

2. The property rights sought to be acquired are part of the property rights in real estate located in the _______________ (identify civil district) District of ____________ County, Tennessee, conveyed to ______________ (insert owner’s name) from _____________ (insert immediate predecessor in title) of record in Book ___________, Page ____________, Register’s Office for ______________ County, Tennessee. This property is described more particularly as follows:

[Insert description]

All as more particularly shown on the drawing or map attached as Exhibit ___________.

3. Petitioner has determined that respondent(s) owns the entire fee simple interest of the above-described real estate, subject to the encumbrances set out below:

[List encumbrances]

4. Petitioner has determined the amount to which the respondent(s) is entitled is , and this amount is deposited with the clerk of the court.

5. [Add if jury of view is used] Petitioner has filed this petition for the purpose of obtaining the issuance of a writ of inquiry of damages and the appointment of a jury of view pursuant to Tennessee Code Annotated § 29-16-101 et seq.

WHEREFORE, premises considered, petitioner prays:

1. That a hearing be had in this matter on an early date and at the hearing, petitioner receive the right to possession and, if necessary, a writ of possession issue to the Sheriff of ____________ County to put the petitioner in possession, and

[or if jury of view procedure is requested]

1. That a hearing be held on this matter on an early date and at that hearing the court issue a writ of inquiry of damages and appoint a jury of view;

2. That an Order of Reference be entered to determine the amount of taxes due petitioner on said property and said amount to be paid to petitioner;

3. That all additional proceedings be had in this matter and at the final hearing of this cause, petitioner, its successors and assigns, be decreed the property interests set out above; and

4. That petitioner have any and all additional relief to which it is entitled including the assessment of costs as provided by Tennessee Code Annotated § 29-17-912.

Respectfully submitted,

____________________________________
Counsel for Petitioner,
City/Town of ________________________

 

Cost Bond

(Requirements for cost bond language vary by jurisdiction.)

 

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