Tennessee Easements, Landlocked Property and Eminent Domain (2026)

In Tennessee, courts generally require 20 years of adverse use to establish a prescriptive easement (Keebler v. Street, Tenn. Ct. App. 1984), and an owner whose land has no outlet to a public road may petition to condemn a private right-of-way up to 25 feet wide, or 15 feet in counties with a metropolitan form of government (Tenn. Code § 54-14-102), unless the owner's own intentional and knowing action cut the land off (§ 54-14-119). On eminent domain, Tenn. Code § 29-17-102(2), as rewritten in 2024, excludes recreational facilities, recreational purposes and parks, private use, and the indirect benefits of private economic development, such as tax revenue and jobs, from "public use," with exceptions for transportation projects, utilities and common carriers, housing-authority redevelopment, state parks and natural areas, brownfield projects, and incidental private use.

This page covers both halves of Tennessee law: easements between private landowners first, then the government's power to take private property. For other states, see our guide to easement laws by state.

Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Tennessee law on private easements (Court of Appeals decisions on prescription, implication and necessity; the private right-of-way statute in Tenn. Code Title 54, chapter 14; conservation easements in Title 66, chapter 9) and on the condemnation of private property (article I, section 21 of the Tennessee Constitution; Tenn. Code Title 29, chapters 16 and 17, including the 2024 and 2025 amendments; relocation assistance in Title 13, chapter 11). It does not cover adverse possession of title (see Tennessee squatters' rights and adverse possession), HOA covenants, zoning or regulatory takings, utility and pipeline licensing statutes, federal condemnation (see eminent domain laws by state), or city and county ordinances.

How Easements Are Created in Tennessee

An easement is a right to use another person's land for a specific purpose, such as a driveway, a utility line or access to a road. The Tennessee Court of Appeals summarized the ways one can arise in Pevear v. Hunt (1996):

"Easements can be created in several ways in Tennessee, including: (1) express grant, (2) reservation, (3) implication, (4) prescription, (5) estoppel, and (6) eminent domain."

The same opinion, citing the Tennessee Supreme Court's 1926 decision in Goetz v. Knoxville Power & Light Co., stated that "An easement appurtenant to land is favored over an easement in gross in Tennessee."

To check whether the recorded deeds for a parcel mention an easement, see Tennessee property records.

Prescriptive Easements: The 20-Year Rule

The 20-year period comes from court decisions. In Keebler v. Street (Tenn. Ct. App. 1984), the Court of Appeals wrote that "Generally, twenty years of adverse use is required to establish a prescriptive easement." In Pevear v. Hunt (1996), the same court stated: "In Tennessee the prescriptive period is 20 years."

Keebler set out the quality of use required by quoting the Court of Appeals' earlier decision in House v. Close (1961):

"the use and enjoyment which will give title by prescription to an easement ... must be adverse, under claim of right, continuous, uninterrupted, open, visible, exclusive, and with the knowledge and acquiescence of the owner of the servient tenement, and must continue for the full prescriptive period."

The claimant carries the burden. In Patton v. Campoy (Tenn. Ct. App. 2023), the Court of Appeals stated that a claimant "must demonstrate, by clear and convincing proof," the required use, and that the use must have "continued for the full prescriptive period while the owner of the servient tenement was under no legal disability to assert his right to make a grant." The same opinion stated that "implied or express permissive use cannot ripen into an easement by prescription."

Keebler also followed an earlier Court of Appeals rule for shared driveways: where adjoining owners lay out a way between their lands, each devoting part of his own land to it, and both use it for the prescriptive period, "the mutual use of the whole of the way or alley will be considered adverse to a separate and exclusive use by either party."

A prescriptive easement is a right to use land, not ownership of it. Claims to title itself fall under separate statutes, such as Tenn. Code § 28-2-103(a), which provides that no person "shall have any action, either at law or in equity, for the recovery of any lands, tenements or hereditaments, but within seven (7) years after the right of action accrued." Those title rules are covered in Tennessee squatters' rights and adverse possession, and general filing deadlines are collected in the Tennessee statute of limitations guide.

Can an owner prevent a prescriptive easement?

Tennessee's limitations statutes for land (Tenn. Code §§ 28-2-101 to 28-2-105) and its private right-of-way statute (§§ 54-14-102 to 54-14-119) contain no posted-sign or recorded-notice procedure for interrupting a prescriptive claim. A claimant must prove each of the case-law elements above, including that the use was adverse and under a claim of right. Because "implied or express permissive use cannot ripen into an easement by prescription" (Patton v. Campoy, 2023), use the owner has permitted does not count toward the 20 years.

A separate statute addresses owners who let others onto their land for recreation. Under Tenn. Code § 70-7-103, an owner who gives permission to hunt, fish, trap, camp and similar activities does not by giving that permission "(1) Extend any assurance that the premises are safe for such purpose" or "(2) Constitute the person to whom permission has been granted to legal status of an invitee to whom a duty of care is owed." That statute deals with liability for injuries, not with easements.

Implied Easements From Prior Use

An easement can also be implied when land under one owner is divided and an existing use continues. In Cellco Partnership v. Shelby County (Tenn. Ct. App. 2005), the Court of Appeals quoted the elements from its 1948 decision in Johnson v. Headrick:

"In order to find the existence of an easement by implication, the following elements must be present: (1) A separation of the title; (2) Necessity that, before the separation takes place, the use which gives rise to the easement shall have been long established and obvious or manifest as to show that it was meant to be permanent; and (3) Necessity that the easement be essential to the beneficial enjoyment of the land granted or retained."

The quoted passage adds that another element, that the servitude be continuous rather than temporary or occasional, "is sometimes added to these." The party seeking to establish an easement by implication "bears the burden of showing the existence of all the essential elements."

Landlocked Property in Tennessee

Tennessee gives a landlocked owner two separate routes: a statutory petition to condemn a private right-of-way, and the common-law easement by necessity. The Court of Appeals noted in Cellco that "A common law easement by necessity is not to be confused with a statutory easement by necessity provided for under Tennessee Law."

The statutory private right-of-way (Tenn. Code §§ 54-14-102 to 54-14-119)

Section 54-14-102(a)(1) gives a person owning land whose access "is cut off or obstructed entirely from a public road or highway by the intervening land of another," or who "has no outlet from the land to a public road in the state, by reason of the intervening land of another," the right to have a private easement or right-of-way "not exceeding twenty-five feet (25') condemned and set aside for the benefit of the land over and across the intervening land for the purpose of ingress and egress and extending utility lines, including, but not limited to, electric, natural gas, water, sewage, telephone, or cable television to the enclosed land."

The same subsection adds three rules that matter to both neighbors:

• Maintenance: "Maintenance of the easement or right-of-way shall be the responsibility of the person granted the easement or right-of-way."
• No gates: "Gates or fencing that restricts access to the subservient land may not be erected."
• Width in metro counties: "In counties with a metropolitan form of government, the maximum permissible width for an easement or right-of-way is fifteen feet (15')."

Since 2022, an owner who already holds a statutory right-of-way narrower than 25 feet and needs more land to extend utility lines "must file a new petition requesting additional land." The court may, "upon a showing of good cause," direct a jury of view to lay off an additional area, so long as the total does not exceed 15 feet in counties with a metropolitan form of government or 25 feet elsewhere (§ 54-14-102(a)(2), added by 2022 Tenn. Pub. Acts ch. 808).

Chancery courts, circuit courts and county courts (the county courts acting through the county mayor) have concurrent jurisdiction over these petitions (§ 54-14-102(b)).

The petitioner carries the up-front costs. Under § 54-14-103(b), when the petition is filed the court appoints an appraiser; "The cost of the appraisal shall be borne by the person seeking to appropriate the land." Within 30 days after the appraisal is filed with the court, the petitioner "shall post a bond for two (2) times the amount of the appraisal." The appraisal is used only to set the bond and "shall not be admissible as evidence." Section 54-14-104(a) then provides for a writ to the sheriff to summon a jury "to inquire of and assess the damages" (§ 54-14-104(a)).

No right-of-way may be condemned if the court determines that the land was cut off from the road "as a result of the intentional and knowing action of the owner of the surrounded or enclosed land" (§ 54-14-119).

The jury of view consists of "five (5) disinterested persons" unless the parties agree otherwise (§ 54-14-105), and the sheriff gives parties who live in the county "three (3) days' notice" of the inquest unless the court has fixed the time (§ 54-14-106). The jury locates the way where it will serve the petitioner and "cause the least amount of monetary damage as practicable to the value of the intervening land" (§ 54-14-111), and awards "the cash value of the property taken and any incidental damages," with incidental benefits set off only against incidental damages (§ 54-14-109).

Any party may object to the jury's report, but the objector must prepare a plat showing an alternative route, served and filed "within thirty (30) days of the objection" (§ 54-14-112(a)). Either party may appeal the jury of view's finding "Within thirty (30) days" and demand a new trial before a 12-person jury, which is "the exclusive remedy for relief from the finding of a jury of view" (§ 54-14-114). Besides damages and costs, "the court may award reasonable attorney's fees" to the landowner whose land is crossed, but not if that owner "has acted in bad faith" (§ 54-14-113(b)). Instead of an absolute right-of-way, the court may grant a mutual-use easement that both the petitioner and the servient owner may use (§ 54-14-118).

The common-law easement by necessity

In Cellco, the Court of Appeals applied these requirements, quoting an Arkansas Court of Appeals decision and citing its own decision in Morris v. Simmons (1993):

"1) the titles to the two tracts in question must have been held by one person; 2) the unity of title must have been severed by a conveyance of one of the tracts; 3) the easement must be necessary in order for the owner of the dominant tenement to use his land with the necessity existing both at the time of the severance of title and the time of exercise of the easement."

The court stated that "Tennessee does not require the existence of strict necessity," citing the Tennessee Supreme Court's 1942 decision in LaRue v. Greene County Bank for an easement "of such reasonable necessity to the full enjoyment of the dominant tenement." Quoting an Arkansas decision, it added that "the degree of necessity must be more than mere convenience."

How a Tennessee Easement Ends

Cellco, citing Morris v. Simmons, stated: "An easement by necessity continues until the necessity giving rise to the easement no longer exists."

A right-of-way condemned under the private right-of-way statute lasts only while it is used and kept up. Tenn. Code § 54-14-117 provides that "upon the easement or right-of-way falling into nonuse or when the easement or right-of-way is not maintained or kept up, it shall cease," and the owner of the land it crosses may take possession of it.

For other easements, the Court of Appeals stated in Hall v. Pippin (1998) that a party claiming abandonment "must prove it by clear, unequivocal evidence," showing "not only an intention to abandon the easement but also external acts carrying that intention into effect," and that "nonuse of the easement by the abutting landowner or landowners is not sufficient, by itself, to prove abandonment." The same opinion explained that when an easement holder acquires the land the easement crosses, "the doctrine of merger extinguishes the easement," but "When third parties continue to have an interest in an easement, the doctrine of merger does not operate to cut off their interest."

Conservation Easements

Tennessee's conservation easement statutes are in Title 66, chapter 9, part 3. Section 66-9-305 limits how they can be taken: "No conservation easement shall be acquired by eminent domain unless such easement is necessary for the accomplishment of a specific public project which has been authorized by statute," and "No private nonprofit organization shall exercise a power of eminent domain to acquire an easement under this part even though such organization may otherwise have such power."

Eminent Domain in Tennessee

Eminent domain is the power of the state, and of bodies the legislature authorizes, to take private property for public use on payment of just compensation. For other states and federal law, see our guide to eminent domain laws by state.

Article I, section 21 of the Tennessee Constitution provides "That no man's particular services shall be demanded, or property taken, or applied to public use, without the consent of his representatives, or without just compensation being made therefore."

The General Assembly has told courts to read the condemnation power narrowly. Tenn. Code § 29-17-101 states: "It is the intent of the general assembly that the power of eminent domain shall be used sparingly, and that laws permitting the use of eminent domain shall be narrowly construed so as not to enlarge, by inference or inadvertently, the power of eminent domain." Under § 29-17-103, if part 1 of chapter 17 conflicts with another statute granting the power, part 1 "shall control and shall be construed to protect the private property rights of individuals and businesses, such that private property may only be condemned and taken for legitimate public use as defined in § 29-17-102."

Can Tennessee Take Property for Private Development?

In Kelo v. City of New London (2005), the U.S. Supreme Court held that a city's economic-development takings under a comprehensive plan satisfied the Fifth Amendment's public use requirement, and stated that "nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power." Tennessee's statute sets its own limits.

Tenn. Code § 29-17-102(2), as rewritten by 2024 Tenn. Pub. Acts ch. 1034 (effective on becoming law in 2024), provides that "public use" "does not include recreational facilities, recreational purposes, or parks; private use or benefit; or the indirect public benefits resulting from private economic development and private commercial enterprise, including increased tax revenue and increased employment opportunity, except as follows." The exceptions are:

• Transportation (A): "The acquisition of any interest in land necessary for a road, highway, bridge, or other structure, facility, or project used for public transportation."
• Utilities and carriers (B): "The acquisition of any interest in land necessary to the function of a public or private utility, a governmental or quasi-governmental utility, a common carrier, or any entity authorized to exercise the power of eminent domain under title 65."
• Housing-authority redevelopment (C, as replaced in 2025): "The acquisition of property by a housing authority or community development agency to implement an urban renewal or redevelopment plan as authorized by title 13, chapter 20, part 2; provided, that the power of eminent domain is used only for the acquisition of: (i) Blighted property as defined in § 13-20-201; or (ii) Property that is for public use."
• State parks and brownfields (D): "The acquisition of any interest in land for parks or natural areas by this state, in accordance with title 11; brownfield projects, as defined in § 68-212-202; or the redevelopment of brownfield sites, as defined in § 7-53-316."
• Incidental private use (E): "Private use that is merely incidental to a public use, so long as no land is condemned or taken primarily for the purpose of conveying or permitting the incidental private use."

The 2025 act (2025 Tenn. Pub. Acts ch. 114) also defined "blighted property." Under the definition it added to § 13-20-201, the term means an improvement to real property that the appropriate local governmental authority inspected and "cited for one (1) or more enforceable housing, maintenance, or building code violations that: (A) Affect the safety of the occupants or the public; (B) Involve one (1) or more of the following: (i) A roof or roof framing element; (ii) Support walls, beams, and headers; (iii) Foundation, footings, and subgrade conditions; (iv) Light and ventilation; (v) Fire protection, including egress; (vi) Internal utilities, including electricity, gas, and water; (vii) Flooring and flooring elements; or (viii) Walls, insulation, and exterior envelope; and (C) Have not been remedied within a reasonable time after two (2) notices to cure the noncompliance." The definition "Does not include land used primarily in the production of agriculture." The same act gives the owner "a right to have a court of competent jurisdiction determine if the taking is to remediate blight and resell the property" (§ 13-20-202(d)).

Whether a particular pipeline or utility company holds the power of eminent domain depends on Title 65 and other statutes not covered on this page.

Burden of Proof and the Right to a Necessity Ruling (2024)

A 2024 act (2024 Tenn. Pub. Acts ch. 748, effective on becoming law in 2024) added a section to Title 29, chapter 17, part 1 that shifts the burden to the condemner. Under subsection (a), "A condemner bears the burden of proving by a preponderance of the evidence that":

1. the property "is required for a public use";
2. the condemner "has a plan that reflects a reasonable schedule to complete the public use after the condemner takes ownership of the property";
3. the condemner "has access to funding to complete the public use"; and
4. "The public use cannot be accomplished by using or acquiring other property within the vicinity of the condemned property with the consent of the owner of the other property without an unreasonable increase in cost, delay, or a reduction in the effectiveness of the property."

Subsection (b) gives the owner "a right to have a court of competent jurisdiction determine if the taking is necessary to accomplish the public use." The owner "may raise this section's required determination of necessity as a defense in an answer filed under § 29-17-104(a)(2) or in a separate cause of action notwithstanding § 29-17-104(a)(2), subject to the statute of limitations pursuant to § 29-16-124."

The section has a broad exclusion. Subsection (c) states that it "does not apply to condemnation actions for projects or uses regarding streets, highways, roads, bridges, transportation, utility water, public water projects, sewer, electricity, and utilities, including, but not limited to, gas and natural gas utilities."

Condemnation Procedure and Deadlines

A condemner starts the case by filing a petition "in the circuit court of the county in which the land lies" (Tenn. Code § 29-16-104). Section 29-17-104 then controls the early timing, "Notwithstanding any law to the contrary":

• Notice of the petition must be given to each respondent "at least thirty (30) days prior to the taking of any additional steps in the case."
• If the right to take "has not been challenged in an answer" after 30 days from the notice, "the condemner shall have the right to take possession of the property or property rights sought to be condemned."
• If the right to take is challenged in an answer within those 30 days, "the court shall promptly determine, as a matter of law, whether the condemner has the right to take the property or property rights." If the court finds the right exists, the condemner may take possession.
• The court may issue a writ of possession to the sheriff, and "The writ may be issued prior to a trial on the damages" (§ 29-17-104(b)).

Under the 2006 act that created §§ 29-17-104 to 29-17-106, those sections apply only to condemnation proceedings initiated on or after July 1, 2006.

The 30-day answer also governs disputes over money. Under § 29-17-105, where the condemner is required to deposit what it deems the damages, an owner who "is not satisfied with the amount deposited by the condemner, or otherwise objects to the taking," must "on or before thirty (30) days from the date of notice of the filing of the petition, file an answer to the petition," and a jury trial may follow. "The deposit by the condemner shall not limit or fix the amount to be allowed under subsequent proceedings in the action."

The state, counties and cities use a supplementary procedure for streets and roads, and it is also read into every statute giving counties and cities condemnation power (Tenn. Code §§ 29-17-901 to 29-17-914). Under it, an owner who files a sworn statement accepting the deposit takes it "as full settlement for the taking of such property or property rights and all damages occasioned to the residue of the property" (§ 29-17-904). An owner who asks for a trial may withdraw the deposit "without prejudice to the rights of either party," but must agree to refund any amount by which the final award falls short (§ 29-17-906). If the owner neither accepts the deposit nor asks for a trial, "the petition shall be taken as confessed" and the case is heard in the owner's absence (§ 29-17-907). Either party may elect, by filing a statement "within five (5) days of the service or publication of the original petition," to proceed under chapter 16 of Title 29 or under chapter 17 (§ 29-17-901(b)).

For proceedings by the state, its counties and municipalities, § 29-17-801(a) requires the condemner to deposit "the amount determined by the required appraisal with the clerk of the circuit court," and any larger amount finally awarded "shall bear interest from the date of the taking of possession" (§ 29-17-801(b)). Section 29-17-802 limits § 29-17-801 to the state, counties and municipalities; it "shall not apply to any housing authority, association, or administration."

Chapter 16 provides for a jury of view. Under § 29-16-108, "The jury will consist of five (5) persons, unless the parties agree upon a different number." Either party may appeal the jury of view's finding and, "on giving security for the costs, have a trial anew, before a jury in the usual way" (§ 29-16-118(a)). The deadline is "forty-five (45) days from the date of the entry of the court's order confirming the report of the jury of view" (§ 29-16-118(c)). Where the right to condemn is not contested and only damages are at issue, the owner opens and closes the argument (§ 29-16-118(b)). An appeal does not stop the condemner's work if it gives a bond "in double the amount of the assessment of the jury of inquest" (§ 29-16-120).

In highway condemnations, the owner may move to delay the damages trial. Under § 29-17-1001, the motion must be filed "not less than ninety (90) days prior to the trial on the issue of damages," asks that the trial be continued until the highway work is completed, and "If the motion is timely and properly filed, it shall be granted."

How Just Compensation Is Measured

The Tennessee Supreme Court stated in Love v. Smith (1978) that "The value of the land taken and the damages, if any, to the land remaining are to be based upon a fair, cash market value of the property on the date of the taking."

By statute, the jury "shall give the value of the land or rights taken without deduction," and incidental benefits from the project may be weighed only in estimating incidental damages (Tenn. Code § 29-16-203(a)(1)). Incidental damages include the reasonable cost of moving furniture, fixtures, equipment and stock in trade, including drayage to a location "not more than fifty (50) miles distant." When an entire tax parcel is condemned in fee, damages "shall be not less than the last valuation used by the assessor of property just prior to the date of taking," less any decrease in value from later changes to the parcel, and that rule also applies in chapter 17 proceedings (§ 29-16-203(a)(2)).

In any condemnation proceeding, "an appraisal of the property must be obtained," valuing the property "considering its highest and best use, its use at the time of the taking, and any other uses to which the property is legally adaptable at the time of the taking" (§ 29-17-1004). The condemner also reimburses the owner, "to the extent that such acquiring party deems fair and reasonable," for recording fees and transfer taxes, mortgage prepayment penalties and the prorated share of property taxes (§ 29-16-203(d)). When the state, a county or a city condemns under part 9, any award above the deposit carries interest at two percentage points above the federal prime rate as of the date of the taking (§ 29-17-913(a)).

Owner Lawsuits After Land Is Occupied: The 12-Month Deadline

When a condemner has taken possession of land without condemning it, Tenn. Code § 29-16-123(a) lets the owner "petition for a jury of inquest" or "sue for damages in the ordinary way," in which case the jury lays off the land and assesses the damages.

An owner whose land has been occupied for a public project faces a short deadline. Tenn. Code § 29-16-124 provides that "All actions that could be brought under § 29-16-123(a), regardless of the cause of action or remedy sought, including actions for trespass or nuisance, shall be commenced within twelve (12) months after the land has been actually taken possession of, and the work of the proposed internal improvement begun."

The statute extends the period in two situations: for unknown owners and nonresidents, "twelve (12) months after actual knowledge of such occupation, not exceeding three (3) years," and for persons under the disabilities of infancy and unsoundness of mind, "twelve (12) months after such disability is removed, but not exceeding ten (10) years." Section 29-16-123(b) requires an award of the owner's "reasonable costs, disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceeding" when the court enters judgment for the owner in a § 29-16-123(a) proceeding "arising out of a cause of action identical to a cause of action that can be brought against the United States under 28 U.S.C. § 1346(a)(2) or § 1491," or when the attorney general or a political subdivision's chief legal officer settles such a proceeding.

Costs and Attorney Fees in a Tennessee Condemnation

Tenn. Code § 29-17-106 splits fee recovery by the type of project and by how the case ends. The project-type split in § 29-17-106(b) applies to actions initiated on or after May 18, 2017.

Court costs are taxed against the condemner if "(A) The amount of damages awarded at trial exceeds the amount assessed by the condemner and deposited with the clerk; (B) The condemnation is abandoned by the condemner; or (C) The final judgment is that the condemner cannot acquire the property or property rights by condemnation." They are taxed against the owners "if the amount of damages awarded at trial does not exceed the amount assessed by the condemner and deposited with the clerk" (§ 29-17-106(a)).

Reimbursement of the owner's reasonable disbursements and expenses, "including reasonable attorney, appraisal, and engineering fees actually incurred because of the action," then depends on the project:

Relocation Assistance

Tennessee's Uniform Relocation Assistance Act is in Tenn. Code Title 13, chapter 11. Under it, a homeowner who owned and occupied the dwelling for at least 180 days before negotiations began may receive an additional replacement-housing payment "not in excess of twenty-two thousand five hundred dollars ($22,500)" (§ 13-11-106(a)). A tenant or other occupant of at least 90 days may receive rental assistance for up to 42 months, "not to exceed five thousand two hundred fifty dollars ($5,250)" (§ 13-11-107(a)). A displaced farm, nonprofit organization or small business may receive actual reasonable moving expenses plus up to $10,000 to reestablish at its new site (§ 13-11-105(a)(4)), and an eligible business or farm may instead elect a fixed payment of $1,000 to $20,000 (§ 13-11-105(c)). On state-agency or federally assisted projects that cannot proceed because comparable replacement housing is not available, the agency may exceed the housing maximums case by case for good cause, and on those projects "No person shall be required to move from such person's dwelling ... unless the head of the displacing agency is satisfied that comparable replacement housing is available to such person" (§ 13-11-109). For acquisitions using federal financial assistance, federal law requires the acquiring agency's assurance that it will be guided, "to the greatest extent practicable under State law," by the federal land acquisition policies (42 U.S.C. § 4655(a)).

Buying Back Condemned Land

When a city, town, county or metropolitan government condemns property and then does not use it "for the purpose or purposes for which it was condemned or for some other authorized public use," or decides to sell it within ten years, "the property shall be first offered for sale to the former property owner or owners" (Tenn. Code § 29-17-1005(a)). The former owner has 30 days from receiving the offer to sign a purchase agreement at the lesser of the price the government paid plus the appraised value of later improvements and interest measured by Treasury bond rates, or an amount not less than current fair market value (§ 29-17-1005(b)). A former owner may ask for a "statement of intent for public use" no more than once every 24 months (§ 29-17-1005(d)), and the right does not pass to heirs or anyone else (§ 29-17-1005(e)).

Owner Deadlines and Traps at a Glance

Recent Changes to Tennessee Eminent Domain Law

Tennessee Easement and Eminent Domain Rules at a Glance

Federal Law

Federal condemnation, the Uniform Relocation Act and federal takings cases are covered in our national guide to eminent domain laws by state.

Related Tennessee Property Guides

• Easement laws by state
• Eminent domain laws by state
• Tennessee squatters' rights and adverse possession
• Tennessee property records
• Tennessee statute of limitations

Disclaimer: This article provides general legal information about Tennessee easement and eminent domain law. It is not legal advice. For a specific situation, contact a lawyer licensed in Tennessee or the public agency involved.

Last updated: 2026-10-19.

Frequently Asked Questions

How long does it take to get a prescriptive easement in Tennessee?

Tennessee courts generally require 20 years of adverse use. The use must be adverse, under claim of right, continuous, uninterrupted, open, visible, exclusive, and with the owner's knowledge and acquiescence for the full period (Keebler v. Street, Tenn. Ct. App. 1984; Pevear v. Hunt, Tenn. Ct. App. 1996). The claimant must prove it by clear and convincing evidence, and permissive use cannot ripen into a prescriptive easement (Patton v. Campoy, Tenn. Ct. App. 2023).

What can I do if my land is landlocked in Tennessee?

Tenn. Code § 54-14-102 lets an owner cut off from a public road petition to condemn a private right-of-way up to 25 feet wide (15 feet in counties with a metropolitan government) for access and utility lines; the petitioner pays for the court's appraisal and posts a bond of twice the appraisal within 30 days after it is filed (§ 54-14-103(b)). The statute does not apply if the court finds the owner's own intentional and knowing action cut the land off (§ 54-14-119). A common-law easement by necessity also exists where the two tracts were once under one owner (Cellco Partnership v. Shelby County, 2005).

Who maintains a landlocked right-of-way in Tennessee, and can the neighbor put up a gate?

For a right-of-way condemned under Tenn. Code § 54-14-102, the person granted the easement is responsible for maintaining it, and the statute states that gates or fencing that restricts access to the land crossed may not be erected.

Does an easement by necessity last forever in Tennessee?

No. The Court of Appeals stated in Cellco Partnership v. Shelby County (2005) that an easement by necessity continues until the necessity giving rise to it no longer exists.

Does a Tennessee easement end if it is not used?

A right-of-way condemned under the private right-of-way statute ceases when it falls into nonuse or is not maintained, and the owner of the land it crosses may retake it (Tenn. Code § 54-14-117). For other easements, the Court of Appeals stated in Hall v. Pippin (1998) that abandonment must be proved by clear, unequivocal evidence of an intent to abandon plus external acts carrying it out, and that nonuse is not sufficient by itself. An easement also ends by merger when its holder acquires the land it crosses, except as to third parties who still have an interest in it.

Can Tennessee take my property for a private developer?

Tenn. Code § 29-17-102(2), as rewritten in 2024, excludes recreational facilities, recreational purposes and parks, private use, and the indirect benefits of private economic development, such as tax revenue and jobs, from public use. Exceptions remain for transportation projects, utilities and common carriers, housing-authority redevelopment plans (limited in 2025 to blighted property as defined in § 13-20-201 or property for public use), state parks and natural areas acquired under Title 11, brownfield projects, and private use merely incidental to a public use.

Can Tennessee use eminent domain for a pipeline or utility?

The public-use definition in Tenn. Code § 29-17-102(2)(B) keeps takings necessary to the function of a public or private utility, a common carrier, or any entity authorized to condemn under Title 65. The 2024 burden-of-proof and necessity-ruling section does not apply to utilities, including gas and natural gas utilities. Whether a specific company holds the power depends on statutes not covered here.

How long do I have to respond to an eminent domain petition in Tennessee?

An owner who wants to challenge the right to take, or who disputes the amount deposited, generally must file an answer within 30 days of notice of the petition (Tenn. Code §§ 29-17-104, 29-17-105). If the right to take is not challenged in an answer within that time, the condemner may take possession. For projects other than streets, roads, transportation, water, sewer, electricity and other utilities, the necessity challenge added in 2024 may instead be raised in a separate action, subject to the limitation period in § 29-16-124. In the part 9 procedure used for roads and by counties and cities, an owner who neither accepts the deposit nor asks for a trial has the petition taken as confessed (§ 29-17-907).

Does Tennessee pay attorney fees in eminent domain cases?

It depends on the project and the outcome. In a condemnation action under Tenn. Code § 29-17-106, for public utility and public transportation projects the owner's expenses, including attorney fees, are reimbursed only if the condemnation is abandoned or the condemner cannot acquire the property. For other projects the court awards expenses, but not attorney fees when costs are taxed to the condemner only because the award exceeded the deposit. Section 29-16-123(b) separately requires reimbursement of expenses, including attorney fees, when an owner wins, or the attorney general or a local government's chief legal officer settles, an owner-initiated action under § 29-16-123(a) arising out of a cause of action identical to a federal takings claim under 28 U.S.C. § 1346(a)(2) or § 1491.

What is the deadline to sue after the government occupies land in Tennessee?

Tenn. Code § 29-16-124 requires all actions that could be brought under § 29-16-123(a), including trespass or nuisance claims, to be filed within 12 months after the land is actually taken possession of and work begun, with longer periods for unknown or nonresident owners and for persons under the disabilities of infancy or unsoundness of mind.

Can a former owner buy back condemned land in Tennessee?

When a city, town, county or metropolitan government does not use condemned property for its stated or another authorized public use, or decides to sell it within ten years, it must first offer the property to the former owner, who has 30 days from receiving the offer to sign a purchase agreement. The right does not pass to heirs (Tenn. Code § 29-17-1005).