Waiver of damage by landowners

When landowners and those controlling land touched by the highway proposed to be opened, changed or closed waive, in writing, any claim for damages sustained by the opening, changing or closing, then the commissioner or commissioners shall proceed, independently of a jury of view, to execute the particular action asked in the petition, if, in their discretion, they think the public interest will not be materially injured by the action. Acts 1891, ch. 1, § 14; Shan., § 1631; Code 1932, § 2741; T.C.A. (orig. ed.), § 54-916. When landowners and those controlling land touched by the highway proposed to be opened, changed or closed waive, in writing, any claim for damages sustained by the opening, changing or closing, then the commissioner or commissioners shall proceed, independently of a jury of view, to execute the particular action asked in the petition, if, in their discretion, they think the public interest will not be materially injured by the action. Acts 1891, ch. 1, § 14; Shan., § 1631; Code 1932, § 2741; T.C.A. (orig. ed.), § 54-916.