After the filing of the report of the viewers, the monthly county court shall consider the amount of damages awarded in deciding whether the road improvement district should be established. If, in its judgment, the probable cost of construction is not a greater burden than should be properly borne by the land benefited by the improvement and the improvement is conducive to the public health or welfare, or to the public benefit or utility, then the court shall locate and establish the road improvement district by proper order or judgment, to be entered of record, and the court shall then proceed to determine the amount of damages sustained by each claimant, and may hear evidence in respect to the amount of damages, and may increase or diminish the amount awarded by the viewers as deemed just and right.
Structure 2021 Tennessee Code
Title 54 - Highways, Bridges and Ferries
Chapter 12 - Road Improvement Districts
§ 54-12-101. Power to Establish Road Improvement Districts
§ 54-12-102. Body Exercising Jurisdiction of Former Monthly County Court
§ 54-12-105. Road Improvement District Confined to Boundaries of County
§ 54-12-113. Bonds of Trustee and Clerk
§ 54-12-117. Petitioners Required to Pay Preliminary Expenses — Judgment on Their Bond
§ 54-12-118. Fund for Expenses May Be Paid as Needed
§ 54-12-119. Refund to Petitioners and Their Sureties Paying Preliminary Expenses
§ 54-12-121. Compensation of Engineers
§ 54-12-122. Engineer to Survey and Locate Roads and Improvements
§ 54-12-123. Engineer's Return — Contents
§ 54-12-124. Recalling Engineer and Appointing Another
§ 54-12-125. Survey and Location of Roads Along General Course of Present Roads — Exception
§ 54-12-126. Engineer to Submit Itemized Expense Account or Do Work for Stipulated Sum
§ 54-12-129. Service of Writ — Acknowledgement
§ 54-12-131. Writ or Publication Need Not State Contents of Petition or Its Prayer
§ 54-12-137. Viewers Upon Being Sworn to View Premises, Fix Damages and Report
§ 54-12-138. Report of Viewers to Be Filed Promptly — Others Appointed Upon Failure to Act
§ 54-12-139. Value of Land — Incidental Benefits Considered in Estimating Incidental Damages
§ 54-12-146. Circuit Court Order Entered — Certified to Monthly County Court
§ 54-12-148. Costs in Discretion of Circuit Court
§ 54-12-149. Trial With or Without a Jury in Circuit Court
§ 54-12-150. Damages Fixed Shall Be Paid or Secured — Manner of Payment
§ 54-12-151. Condemnation After Damages Are Paid or Secured
§ 54-12-152. Appropriation of Right-of-Way, and of Other Necessary Lands
§ 54-12-155. Intent of § 54-12-154
§ 54-12-157. Fees of County Clerk — Allowance for Extra Services
§ 54-12-159. Compensation to Be Fixed by Monthly County Court Where No Provision Made