(b) The power of eminent domain hereinabove conferred may be exercised pursuant to the provisions of either:
(1) Sections 29-16-101 29-16-124, title 29, chapter 17, part 4, and any amendments thereto; or
(2) Pursuant to any other applicable statutory provisions, now in force or hereafter enacted, for the exercise of the power of eminent domain.
(c) Property already devoted to a public use may be acquired; provided, that no property belonging to any city or municipality or to any government may be acquired without its consent and that no property belonging to a public utility corporation may be acquired without the approval of the commission or other officer or tribunal, if any there be, having regulatory power over such corporation.
(d) Whenever the power of eminent domain as herein conferred shall be exercised, in estimating the damages, the jury or jury of view, as the case may be, shall give the value of the land or rights taken without deduction, together with incidental damages, if any. Where the removal of furniture, household belongings, fixtures, merchandise, stock in trade, inventories, equipment or machinery is made necessary by the taking, the reasonable expense of such removal shall be considered in assessing incidental damages. The reasonable expense of the removal of such chattels shall be construed as including the cost of any necessary disconnection, dismantling or disassembling, the loading, and drayage to another location not more than ten (10) miles distant, and the reassembling, reconnecting, and installing in such new location. This provision shall only apply when the power of eminent domain is exercised under the provisions of this section.
History: [Acts 1935 (E.S.), ch. 20, § 11; 1935 (E.S.), ch. 44, § 3; C. Supp. 1950, § 3647.10 (Williams, §§ 3647.11, 3647.39); Acts 1965, ch. 191, § 1; T.C.A. (orig. ed.), § 13-807.]