The University of Tennessee, Knoxville

Tennessee County Municipal Advisory Service

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Form 7 - Order Sustaining Petition

Reference Number: MTAS-1335
Tennessee Code Annotated
Reviewed Date: April 11, 2016
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ORDER SUSTAINING PETITION
FOR CONDEMNATION AND ORDERING WRIT OF INQUIRY

This cause came on to be heard on the ______ day of _____________, 20___, before the Honorable __________________, Judge of the ________________ Circuit Court of ____________ County, Tennessee, upon the Petition for Condemnation and Notice to respondents. It appearing to the court that the petition and notice have been served, or publication made, as required by law, and that the cause is before the court on application to sustain a petition and for a writ of inquiry of damages and the appointment of a jury of view; and it further appearing that the respondents are before the court and that petitioner has the legal power and authority to acquire [ insert the interest sought to be condemned ] under the eminent domain laws of the state of Tennessee to the following described property located in _____________ County, Tennessee:

[insert a description of the property]

Respondents’ right of trial by petit jury to determine the amount of compensation to which they are entitled for this taking is not affected by the transfer of title to petitioner.

IT IS ORDERED, ADJUDGED, and DECREED:

1. That the Petition for Condemnation of the property described above is sustained.

2. That the following persons are nominated and appointed to act as a Jury of View as provided by the eminent domain laws of Tennessee:

1.
2.
3.
4.
5.
Alternate:

3. That the clerk shall issue a writ of inquiry to the sheriff commanding him to summons the Jury of View to appear in open court on the ______ day of _____________, 20___, at _________, and no other notice need be given, there to be impaneled and sworn, after which they will proceed immediately to the property sought to be condemned and examine it, hear testimony of witnesses, but no argument of counsel, and set apart by metes and bounds the land to be condemned, and assess damages as required by law, reduce their report to writing and deliver it to the sheriff, who will make his return to the court.

This ______ day of _____________, 20___.

________________________________
Circuit Court Judge

Approved for Entry

__________________________
Attorney for Petitioner

Responsible: