69-1-115 - Damages caused by canalizing rivers.
69-1-115. Damages caused by canalizing rivers.
(a) Counties lying contiguous to or bordering upon any navigable river or rivers that are improved and canalized by the United States government, by the construction and maintenance of locks and dams so as to render such river or rivers navigable to boats of ordinary tonnage, are empowered through their respective county legislative bodies to assume, provide for and pay any and all actual damages caused, or that may be occasioned by the construction and maintenance of such locks and dams to the contiguous land or lands.
(b) For the payment of the respective owners of damage from overflow to their lands as authorized and provided in this section by the respective county legislative bodies of the counties in which such overflow causing the damage may exist, the respective county legislative bodies are empowered to pay such damages out of any moneys of the county not otherwise appropriated, or may levy a special tax for the damages upon the property and taxables in such county. Such damages may be assessed in the manner now authorized by law in condemnation cases of real estate.
[Acts 1919, ch. 190, §§ 1, 2; Shan. Supp., §§ 1880a33, 1880a34; mod. Code 1932, §§ 3168, 3169; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §§ 70-119, 70-120.]