Tennessee Code Annotated

Title 29: Remedies and Special Proceedings

Chapter 3: Abatement of Nuisances

TCA 29-3-106: Notice of hearing -- Effect of injunction -- Ex parte writ.

(a) (1) Five (5) days' notice in writing shall be given the defendant of the hearing of the application; and if then continued at defendant's instance, the writ as prayed for shall be granted as a matter of course.

(2) Notwithstanding subsection (c), if a defendant, who is the owner of the property and not the person keeping, maintaining, or carrying on the nuisance, demonstrates that the defendant was unaware of the nuisance prior to receiving the notice required by this subsection (a), and that the defendant has voluntarily taken steps after receiving notice to abate the nuisance without the involvement of the court, the court may dismiss the petition or continue the action pending further action by the defendant.

(b) When the injunction shall have been granted, it shall be binding upon the defendant throughout the county until modified or set aside by the court, judge, or chancellor having cognizance of the case; and any violation of the injunction by the defendant, or upon defendant's procurement, shall be a contempt of court and punished as hereinafter provided.

(c) When a bill or petition is made by any of the respective officers named in § 29-3-102 and supported by affidavit that there is probable cause to believe that a public nuisance exists, neither notice of the application nor of the hearing shall be required before the court may grant the writ, ex parte. A hearing shall be conducted within five (5) days following the execution of the writ closing and padlocking the premises, or the writ shall expire. Notice of the hearing shall be given to the defendant. If the defendant seeks to continue the hearing on the temporary injunction beyond the five-day period, the temporary injunction shall remain in effect.

History: Acts 1913 (2nd Ex. Sess.), ch. 2, § 4; Shan., § 5164a6; Code 1932, § 9329; T.C.A. (orig. ed.), § 23-306; Acts 2007, ch. 331, § 1; 2016, ch. 1067, § 1.