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Reference Number: MTAS-1277
Reviewed Date: 09/28/2023

Nonsuit (Jury of View Procedure)
The condemner may take a voluntary nonsuit under Rule 41.01 of the Tennessee Rules of Civil Procedure in a condemnation case. [52] A nonsuit cannot be taken after the condemner has taken possession of the property following confirmation of the report of the jury of view, leaving nothing to be determined except the amount of compensation due the defendant. [53]

[52] Montgomery County v. Nichols, 10 S.W.3d 258 (Tenn. App. 1999); Anderson v. Smith, 521 S.W.2d 787 (Tenn. 1975); Cunningham v. Memphis Railroad Terminal Co., 126 Tenn. 343, 149 S.W. 103 (1912); Williams v. McMinn County, supra.

[53] Anderson v. Smith, supra; Cunningham v. Memphis Railroad Terminal Co., supra; Department of Highways and Public Works v. Gamble, 18 Tenn. App. 95, 73 S.W.2d 175 (1934).