The University of Tennessee, Knoxville

Tennessee County Municipal Advisory Service

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Notice

Reference Number: MTAS-1272
Tennessee Code Annotated
Reviewed Date: September 12, 2017
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Notice (Jury of View Procedure)
Notice of the filing of the condemnation petition must be given to each respondent at least 30 days before the taking of any additional steps. T.C.A. § 29-17-104. If the defendant’s name or address is unknown, or if he or she is not a resident of the state, notice should be given as for suits in chancery court. T.C.A. § 29-17-104. [25] Although notice by publication is also authorized for non-residents of the state, the due process clause of the Fourteenth Amendment to the United States Constitution requires more than notice by publication when the name and address of a non-resident defendant are known or very easily ascertainable. [26] The notice should advise the defendant of the filing of the petition and the date scheduled for presenting the petition to the court for issuance of the writ of inquiry. [27]

The notice of the filing of the petition is in lieu of the summons that is normally issued in civil actions. [28] The manner of service of the notice is not specified in the applicable statutes; however, Rule 71 of the Tennessee Rules of Civil Procedure provides that those rules will be applicable to the extent they are not in conflict with or do not contradict or contravene the provisions of the applicable statutes. Therefore, service of the notice, accompanied by a copy of the petition for condemnation, can be accomplished in any manner authorized by Rule 4 of the Tennessee Rules of Civil Procedure. A return of the notice, like a return of a summons, should be completed in compliance with Rule 4.03 of the Tennessee Rules of Civil Procedure.

If the right to take has not been challenged within 30 days after the giving of notice, the condemner may take possession of the property. If the right to take is challenged, the court must promptly determine as a matter of law whether there is a right to take. If the court determines there is a right to take, it must issue a writ of possessions if necessary. T.C.A. § 29-17-104.


Notes: 
[25] The due process clause of the Fourteenth Amendment to the United States Constitution does not permit service by publication where the defendant's name is known or is very easily ascertainable. Love v. First National Bank of Clarksville, 646 S.W.2d 163 (Tenn. Ct. App. 1982).

[26] Baggett v. Baggett, 541 S.W.2d 407 (Tenn. 1976).

[27] Griffith and Stokes, supra, at p. 23.

[28] Johnson v. Roane County, 212 Tenn. 433, 370 S.W.2d 496 (1963).

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