Tennessee Code 54-12-211 – Determination of all objections to report and questions of apportionment and assessments – Failure to benefit cannot be shown
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Terms Used In Tennessee Code 54-12-211
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
- Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
When the day set for hearing has arrived, and the hearing is not continued by the court for good reason, as it may be, and when the hearing is had, the monthly county court shall proceed to hear and determine all objections made and filed to the report, and may increase, diminish, annul, or affirm the apportionment and assessments made in the report, or in any parts of the report, as may appear to the court to be just and equitable; but in no case shall it be competent to show that the lands assessed would not be benefited by the improvement. When the hearing has been had, the court shall assess the apportionment fixed by it upon the lands within the road improvement district.