Tenn. Comp. R. & Regs. 0400-44-01-.10

Current through October 22, 2024
Section 0400-44-01-.10 - COST OF ACQUISITION/CONDEMNATION
(1) Source of Funds

The purchase price, in the case of a negotiated acquisition, or the damages as finally determined in the case of acquisition by condemnation, and the necessary expenses incidental thereto, shall be paid from the Tennessee Surface Mine Reclamation Fund, the Federal Abandoned Mine Reclamation Fund with the approval of the Secretary of Interior, or from appropriations made by the General Assembly for such purpose.

(2) Determination of Price

The State shall acquire title by direct purchase through negotiations based on an independent fee appraisal of the property. The purchase price paid shall be consistent with the fair market value of the interests acquired as adversely affected by past coal mining practices when applicable. In the case of acquisition by condemnation, the purchase price shall also be based on an independent fee appraisal to determine fair market value as well as the necessary expenses incidental thereto.

Tenn. Comp. R. & Regs. 0400-44-01-.10

Original rule filed April 9, 2013; effective July 8, 2013. Rule renumbered from0400-01-24.

Authority: T.C.A. §§59-8-324 et seq. and 4-5-201 et seq.