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Jury of View Procedure

Reference Number: MTAS-1269
Tennessee Code Annotated
Reviewed Date: October 17, 2018
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The jury of view procedure requires the condemner to initiate the condemnation action by filing a petition for condemnation in the circuit court and giving the property owner 30 days notice of the proceedings. T.C.A. §§ 29-16-104 and 105; 29-17-104. The circuit court then appoints a jury of view to examine the property to be condemned and determine the amount of just compensation to which the property owner is entitled. T.C.A §§ 29-16-108 thru 113. The jury of view will then file its report with the court. The report may be confirmed or it may be excepted to and/or appealed by one or both parties that have objections to the report. T.C.A. § 29-16-115 thru 118.

If the report is confirmed, an order will be entered conveying the property to the condemner upon payment to the property owner of the amount of just compensation set by the jury of view. T.C.A. § 29-16-116. If an exception is filed, the court may, upon a showing of good cause, appoint a new jury of view. T.C.A. § 29-16-117. If an appeal is filed to the report, the circuit court conducts a trial de novo before a petit jury. T.C.A. § 29-16-118.


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