Writ of Inquiry of Damages

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Eminent Domain
  5. Determination of Damages
  6. Writ of Inquiry of Damages

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  1. 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.
  2. 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.


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