AI-assisted research summary: After notice is given, the court must issue a writ of inquiry of damages to the sheriff unless there is sufficient cause not to. The clerk may also issue the writ by consent of the parties or on the plaintiff’s application, unless the defendant objects.
After the requisite notice has been given, if no sufficient cause to the contrary is shown, the court shall issue a writ of inquiry of damages to the sheriff, commanding the sheriff to summon a jury to inquire and assess the damages. By consent of parties, or on application of the plaintiff, unless objection is made by the defendant, the writ of inquiry may be issued by the clerk, as of course, after service of notice, on which the sheriff will summon the jury. Code 1858, §§ 1330, 1331; Shan., §§ 1849, 1850; Code 1932, §§ 3114, 3115; T.C.A. (orig. ed.), § 23-1407; T.C.A. § 29-16-107 ; Acts 2014, ch. 927, § 3. Amendments. The 2014 amendment transferred this section from § 29-16-107 . Effective Dates. Acts 2014, ch. 927, § 15. May 16, 2014. Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Eminent Domain, § 40. Law Reviews. Appellate Procedure — Ripeness for Review by Appeal or Certiorari, 23 Tenn. L. Rev. 1033. Jury Trial in Condemnation Proceedings, 13 Tenn. L. Rev. 181. NOTES TO DECISIONS 1. Writ of Inquiry — Time of Award. 2. No Appeal from Order for Writ. 3. Private Negotiations — Necessity. 4. Interest. 1. Writ of Inquiry — Time of Award. The statute allowing the defendant two days in which to plead is not applicable to condemnation cases, and the writ of inquiry of damages may be awarded at once, where it appears that the requisite notice has been given, if no sufficient cause to the contrary is shown. Camp v. Coal Creek & W. G. R.R. Co., 79 Tenn. 705, 1883 Tenn. LEXIS 129 (1883). 2. No Appeal from Order for Writ. An appeal will not lie from an order directing a writ of inquiry of damages to be issued, because such order is not a final judgment. Camp v. Coal Creek & W. G. R.R. Co., 79 Tenn. 705, 1883 Tenn. LEXIS 129 (1883). 3. Private Negotiations — Necessity. Where a statute provided that commissioners should be appointed when the owner and the appropriator failed to agree upon the terms of purchase and sale, such commissioners might be appointed, though no effort was made to agree upon the terms. Compliance with such provision of the statute is not a condition precedent to the jurisdiction. Bigelow v. Mississippi C. & T. R. Co., 39 Tenn. 624, 1859 Tenn. LEXIS 292 (1859); Doty v. American Tel. & Tel. Co., 123 Tenn. 329, 130 S.W. 1053, 1910 Tenn. LEXIS 7 (1910). There is no statute in this state requiring that any effort shall be made, by private treaty, for acquiring the property desired, and there is no constitutional objection to a proceeding for condemnation, before failure of negotiations. Atlanta, K. & N. R. Co. v. Southern R. Co., 131 F. 657, 1904 U.S. App. LEXIS 4304 (6th Cir. Tenn. 1904), cert. denied, Atlanta K. & N. R. Co. v. Southern R. Co., 195 U.S. 634 , 25 S. Ct. 791 , 49 L. Ed. 354 , 1904 U.S. LEXIS 732 (1904). 4. Interest. Interest on award would run from the date of issuance of writ of inquiry rather than from the date on which the first report of the jury of view was filed. Shook & Fletcher Supply Co. v. Nashville, 47 Tenn. App. 339, 338 S.W.2d 237, 1960 Tenn. App. LEXIS 83 (Tenn. Ct. App. 1960). Collateral References. 27 Am. Jur. 2d Eminent Domain §§ 375-398. 30 C.J.S. Eminent Domain § 292. Admissibility of hearsay evidence as to comparable sales of other land as basis for expert's opinion as to land value. 12 A.L.R.3d 1064, 89 A.L.R.4th 456. Admissibility of photographs or models of property condemned. 23 A.L.R.3d 825. Admissibility, on issue of value of condemned real property, of rental value of other real property. 23 A.L.R.3d 724. Binding effect of plans and specifications as regards the work to be done on, or the particular use to be made of, the land in question. 89 A.L.R. 886 . Condemner's liability for costs of condemnee's expert witnesses in eminent domain. 68 A.L.R.3d 546. Condemner's waiver, surrender or limitation, after award, of rights or part of property acquired by condemnation. 5 A.L.R.2d 724. Constitutionality of provisions as to tribunal which shall fix amount of compensation for taking of property in eminent domain, otherwise than objections that a trial by jury is necessary. 74 A.L.R. 569 . Contractual rights, frustration of, as basis of claim for compensation where another's real property is taken in exercise of eminent domain. 152 A.L.R. 307 . Delayed or negligent prosecution of condemnation proceedings, right to damages due to. 92 A.L.R. 379 . De minimis not curat lex as applied to failure to give notice to mortgagee of land condemned. 44 A.L.R. 188 . Easement, right of owner of dominant estate to have compensation for taking of, by eminent domain determined with reference to land and improvements held in the dominant estate. 98 A.L.R. 640 . Eminent domain: compensability of loss of view from owner's property—state cases. 25 A.L.R.4th 671. Eminent domain: utility or contiguity of separate properties sufficient to allow damages for diminished value of parcel remaining after taking of other parcel. 59 A.L.R.4th 308. Exploration of land before proceedings to acquire it, without making compensation. 49 A.L.R. 506 . Flooding of property under right of eminent domain, damages resulting from. 106 A.L.R. 989 . How to obtain jury trial in eminent domain: waiver. 12 A.L.R.3d 7. Injunction as available remedy against exercise of power of eminent domain as applied to imposition of additional servitude. 133 A.L.R. 150 , 93 A.L.R.2d 465 . Legislative power to relieve one authorized to construct a dam from liability for damages to adjoining property. 6 A.L.R. 1326 . Liability, upon abandonment of eminent domain proceedings, for loss or expenses incurred by property owner, or for interest on award or judgment. 92 A.L.R.2d 355. Prohibition as means of controlling action of administrative officers in regard to eminent domain proceedings. 115 A.L.R. 33 , 159 A.L.R. 627 . Public improvements, imposing on property owner personal liability to pay assessments for. 127 A.L.R. 558 , 167 A.L.R. 1030 . Removal of proceedings to federal court, stage of case as determining whether application for, is premature. 82 A.L.R. 523 . Right to abandon and effect of abandonment of eminent domain proceedings. 121 A.L.R. 12 . Right to have view by jury in condemnation proceeding. 77 A.L.R.2d 548. Second eminent domain proceeding, compensation in. 18 A.L.R. 569 . Separate estates or interests in property taken, separate valuation of. 69 A.L.R. 1263 , . Special assessment proceedings, failure to claim in, compensation for taking or damaging property in construction of improvements as waiver or estoppel. 64 A.L.R. 764 . Sufficiency of condemner's negotiations required as preliminary to taking in eminent domain. 21 A.L.R.4th 765. Zoning scheme, plan, or ordinance as temporary taking. 55 A.L.R.6th 635. Eminent domain 149(6).