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Current as of January 02, 2024 | Updated by FindLaw Staff
(a) If a controversy arises among any of the landowners, as to the location or character of any lateral drain or ditch between or across the lands of such owners, any one (1) or more of such landowners may, by petition, make application to the board to locate the ditch or drain and determine its character. Such petition shall set out with reasonable certainty the matters in controversy; and upon the petition being filed, it shall be the duty of the board of directors to fix a day for going upon the premises to determine the same. Five (5) days' notice of the time and place shall be given to the other parties interested who are not petitioners. On the day fixed, it shall be the duty of the board of directors to go upon the premises and examine the premises; and if in their judgment, a ditch, drain, or lateral should be made, in order to give the landowners the proper means in draining their low and wet lands and reaching the main improvements, they will locate the place for the lateral, drain, or ditch, determine the character of the same, and fix the amount of damages, if any, to be paid, and direct the petitioner or petitioners to proceed and make the ditch, drain, or lateral.
(b) The board of directors shall set out in writing the action taken, and spread it upon the minutes of the board of directors, and file the original paper with the other papers of the board.
Cite this article: FindLaw.com - Tennessee Code Title 69. Waters, Waterways, Drains and Levees § 69-5-718 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-69-waters-waterways-drains-and-levees/tn-code-sect-69-5-718/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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