TCA § 29-17-906 — Payment of amount deposited pending trial

If the owner asks for a trial as provided by § 29-17-905 , the owner may, if desired, make written request to the clerk to pay to the owner, without prejudice to the rights of either party, the sum so deposited with the clerk, and the clerk shall pay to the owner the sum so deposited; provided the owner agrees to refund the difference between such sum and the final award in the case if the final award be less than the sum so paid to the owner or that a judgment may be entered against the owner in such case for the difference. Acts 1959, ch. 216, § 6; T.C.A., § 23-1533; T.C.A. § 29-17-806 ; Acts 2006, ch. 863, § 1. Compiler's Notes. Acts 2006, ch. 863, § 25, provided that the amendment by that act shall apply only to eminent domain or condemnation proceedings initiated on or after July 1, 2006. NOTES TO DECISIONS 1. Legislative Intent. 2. Right to Withdraw Deposit. 1. Legislative Intent. It was clearly the intent of the legislature in enacting this part to permit the owner of property condemned under such statute to draw down money deposited by the condemner under either of the alternative methods provided by §§ 29-17-904 , 29-17-906 . State ex rel. Moulton v. Burkhart, 212 Tenn. 352, 370 S.W.2d 411, 1963 Tenn. LEXIS 428 (1963). 2. Right to Withdraw Deposit. Where in original proceeding state merely specified amount condemnees were entitled to without specifying amount lessee and lessor were entitled to but subsequently state informed lessee of amount to which each condemnee was entitled and lessee was willing to accept such amount, lessee was entitled to withdraw such amount. State ex rel. Moulton v. Burkhart, 212 Tenn. 352, 370 S.W.2d 411, 1963 Tenn. LEXIS 428 (1963). In a condemnation proceeding instituted by a utility district, affected landowners have the right to withdraw funds placed on deposit with the court clerk pending a final decision of the case on the merits. West Wilson Utility Dist. v. Ligon, 768 S.W.2d 681, 1988 Tenn. App. LEXIS 291 (Tenn. Ct. App. 1988). Collateral References. Eminent domain 164.