Elements of Damages

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Eminent Domain
  5. Determination of Damages
  6. Elements of Damages

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    1. In estimating the damages, the jury shall give the value of the land or rights taken without deduction, but incidental benefits which may result to the owner by reason of the proposed improvement may be taken into consideration in estimating the incidental damages. Whenever any person, agency, or other entity acquires interest in any parcel of real property and such acquisition requires the removal of furniture, household belongings, fixtures, equipment, machinery, or stock in trade of any person in rightful possession, regardless of whether such person has a legal interest in such property, the reasonable expense of the removal shall be considered in assessing incidental damages. The reasonable expense of the removal of such chattels shall be construed as including the cost of any necessary disconnection, dismantling, or disassembling, the loading, and drayage to another location not more than fifty (50) miles distant, and the reassembling, reconnecting, and installing on such new location.
    2. When title to an entire tax parcel is condemned in fee, the total amount of damages for the condemnation of the parcel shall be not less than the last valuation used by the assessor of property just prior to the date of taking, less any decrease in value for any changes in the parcel occurring since the valuation was made, such as the removal or destruction of a building, flooding, waste, or removal of trees. The valuation may be introduced and admitted into evidence at the trial. In addition to condemnation proceedings under this chapter, this subdivision (a)(2) shall apply to condemnation proceedings under chapter 17 of this title or any other law.
  2. Notwithstanding any other law, if any person, agency, or other entity acquires any interest in real property pursuant to the execution of the power of eminent domain, the person shall acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which the person requires to be removed from such real property or which the person determines will be adversely affected by the use to which such real property will be put.
    1. For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (b), such building, structure, or other improvement shall be deemed to be a part of the real property to be acquired, notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property to remove such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.
    2. Payment under this subsection (c) shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer, and release to the acquiring party all the tenant's right, title, and interest in and to such improvements. Nothing in this subsection (c) shall be construed to deprive the tenant of any rights to reject payment under this subsection (c) and to obtain payment for such property interests in accordance with applicable law, other than this subsection (c).
  4. Any person, agency or other entity acquiring real property pursuant to the exercise of eminent domain shall as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is earlier, reimburse the owner, to the extent that such acquiring party deems fair and reasonable for expenses the owner necessarily incurred for:
    1. Recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the acquiring party;
    2. Penalty costs for repayment of any preexisting recorded mortgage entered into in good faith encumbering such real property; and
    3. The pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the acquiring party, or the effective date of possession by the acquiring party, whichever is earlier.

Code 1858, § 1338; Shan., § 1857; Code 1932, § 3122; Acts 1951, ch. 176, § 1; 1957, ch. 398, § 1; 1967, ch. 305, § 1; 1970, ch. 482, § 1; 1972, ch. 463, § 1; T.C.A. (orig. ed.), § 23-1414; Acts 2006, ch. 863, § 19; T.C.A. §29-16-114; Acts 2014, ch. 927, § 4.

Compiler's Notes. Acts 2006, ch. 863, § 25, provided that the amendment by that act shall apply only to eminent domain or condemnation proceedings initiated on or after July 1, 2006.

Amendments. The 2014 amendment transferred this section from §29-16-114.

Effective Dates. Acts 2014, ch. 927, § 15. May 16, 2014.

Cross-References. Removal of personal property at state expense, roadway facility, §54-5-111.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Eminent Domain, §§ 26, 27-38; 11 Tenn. Juris., Evidence, § 160.

Law Reviews.

Constitutional Law (Paul H. Sanders), 6 Vand. L. Rev. 1159.

Constitutional Law — 1961 Tennessee Survey (James C. Kirby, Jr.), 14 Vand. L. Rev. 1171.

Eminent Domain in Tennessee: Public Use, Just Compensation and the Landowner, 3 Mem. St. U.L. Rev. 65.

Eminent Domain — Moving Expense — A Condemner in Tennessee is Required to Pay Moving Expense for Fixtures and Chattels Upon Condemnation, 2 Mem. St. U.L. Rev. 205.

Property Rights vs. Public Use: Analyzing Tennessee's Response to Kelo Eminent Domain Ruling (Scott Griswold), 43 Tenn B.J. 14 (2007).

Cited: Maury County Rd. Comm'rs v. Jones, 1 Tenn. Civ. App. (1 Higgins) 710 (1911); Sullivan County v. Pope, 223 Tenn. 575, 448 S.W.2d 666, 1969 Tenn. LEXIS 444 (1969); Shelby County v. Kingsway Greens of America, Inc., 706 S.W.2d 634, 1985 Tenn. App. LEXIS 3236 (Tenn. Ct. App. 1985); Water Auth. v. Hooper, — S.W.3d —, 2010 Tenn. App. LEXIS 300 (Tenn. Ct. App. Apr. 28, 2010); Water Auth. of Dickson County v. Hooper, — S.W.3d —, 2010 Tenn. App. LEXIS 303 (Tenn. Ct. App. Apr. 28, 2010); City of Brentwood v. Cawthon, — S.W.3d —, 2010 Tenn. App. LEXIS 333 (Tenn. Ct. App. May 13, 2010).


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