2010 Tennessee Code
Title 29 - Remedies And Special Proceedings
Chapter 17 - Eminent Domain by Public Agencies
Part 1 - Power and Use of Eminent Domain General Provisions
29-17-106 - Taxing of costs.

29-17-106. Taxing of costs.

(a)  Notwithstanding the provisions of any law to the contrary, in any condemnation proceeding initiated in this state, the bill of costs prepared by the clerk shall be taxed against:

     (1)  The condemnor, if:

          (A)  The amount of damages awarded at trial exceeds the amount assessed by the condemnor and deposited with the clerk;

          (B)  The condemnation is abandoned by the condemnor; or

          (C)  The final judgment is that the condemnor cannot acquire the property or property rights by condemnation; or

     (2)  The respondents, if the amount of damages awarded at trial does not exceed the amount assessed by the condemnor and deposited with the clerk.

(b)  Notwithstanding the provisions of any law to the contrary, in any condemnation proceeding initiated in this state, the court shall award the respondents a sum that will reimburse them for their reasonable disbursements and expenses, including reasonable attorney, appraisal, and engineering fees actually incurred because of the action, only if the costs are taxed to the condemnor pursuant to subdivision (a)(1)(B) or (a)(1)(C). The court shall not award this sum if the costs are taxed to the condemnor pursuant to subdivision (a)(1)(A).

(c)  Rule 54.04 of the Tennessee Rules of Civil Procedure shall govern the taxing of any additional costs.

[Acts 2006, ch. 863, § 24.]