54-14-101 - Way of ingress and egress Procedure for securing Payment of damages Maintenance as private road
54-14-101. Way of ingress and egress Procedure for securing Payment of damages Maintenance as private road County court construed.
(a) (1) When the lands of any person are surrounded or enclosed by the lands of any other person or persons who refuse to allow to the person a private road to pass to or from the person's lands, it is the duty of the county court, on petition of any person whose land is surrounded, to appoint a jury of view, who shall, on oath, view the premises, and lay off and mark a road through the land of the person or persons refusing, in a manner as to do the least possible injury to those persons, and report to the next session of the court, which court shall, in accordance with this part, grant an order to the petitioner to open such road, not exceeding twenty-five feet (25¢) wide if no subdivision regulations apply to the area where the land is located and not exceeding the width of the roads or streets required by subdivision regulations in effect in the area where the land is located, and keep the road in repair. If any person thereafter shuts up or obstructs the road, the person shall be liable for all the penalties to which any person is liable, by law, for obstructing public roads. The damage adjudged by the jury shall, in all cases, be paid by the person applying for such order, together with the costs of summoning and impaneling the jury. Gates may be erected on the roads. In counties with a metropolitan form of government, the maximum permissible width for a road under this section shall not exceed fifteen feet (15¢).
(2) If the person petitioning for a private road needs additional land for the purpose of extending utility lines, including, but not limited to, electric, natural gas, water, sewage, telephone, or cable television, to the enclosed land, such person shall so request in the petition. Upon receipt of a petition requesting additional land for the extension of utility lines, the court may grant the petitioner's request and direct the jury of view to lay off and mark a road that is fifteen feet (15¢) wider than is permitted by subdivision (a)(1).
(3) If a person who possesses an ingress and egress easement or who has already been granted a petition for a private road pursuant to this section determines that additional land is needed for the purpose of extending utility lines, including, but not limited to, electric, natural gas, water, sewage, telephone, or cable television, to the enclosed land, the person shall file a new petition so requesting. Upon receipt of a petition requesting additional land for the extension of utility lines, the court may grant the petitioner's request and direct a jury of view to lay off and mark an area for utility lines that is fifteen feet (15¢) wider than is permitted by subdivision (a)(1).
(b) Any person granted a court order pursuant to this section prior to July 1, 1981, to open a private road shall be permitted to re-petition the court to increase the width of the road to a maximum of twenty-five feet (25¢). The court shall appoint a jury of view to adjudge additional damages. This subsection (b) shall not apply to counties having a metropolitan form of government.
(c) As used in this chapter, county court or court is deemed a reference to the entity in each county that has succeeded to the judicial functions of the former county court after 1978.
(d) Any petition or action under this chapter shall be subject to title 29, chapter 16, and specifically § 29-16-102.
[Acts 1868-1869, ch. 14, § 1; Shan., § 1634; Code 1932, § 2745; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1901; Acts 1981, ch. 185, §§ 1-3; 1992, ch. 897, § 1; 2000, ch. 940, § 2; 2008, ch. 1075, § 1; 2008, ch. 1082, §§ 1, 5, 6.]