If any owner of land condemned refuses or fails to give possession of land to the municipality or to open the public streets, alleys, highways, parks, parkways, or boulevards, so condemned within fifteen (15) days after the order of the administrative officer or officers of such municipality, then such owner may be fined not less than five dollars ($5.00) nor more than fifty dollars ($50.00) for such failure and refusal, and each and every day of such failure and refusal is deemed a separate offense. If the owner of land condemned contests the right or legality of the condemnation, then the obligation to surrender possession to the municipality and the liability for the fine for failing so to do shall not obtain until the question of the right or legality of the condemnation shall be finally determined. Any municipal court shall have jurisdiction over such offenses. This remedy is not exclusive, but is in addition to the right of the municipality to take possession as owner of the condemned land and to open the public streets, alleys, highways, parks, parkways, or boulevards.
Code 1858, § 1390; Shan., § 1983; Acts 1925, ch. 31, § 1; mod. Code 1932, § 3400; T.C.A. (orig. ed.), § 6-1010.
Cross-References. Rights and powers of section conferred upon all municipal corporations, §7-35-102.
Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Eminent Domain, §§ 28, 59, 61.