Taxing of Costs

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Eminent Domain by Public Agencies
  5. Power and Use of Eminent Domain — General Provisions
  6. Taxing of Costs

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  1. Notwithstanding 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 condemner, if:
      1. The amount of damages awarded at trial exceeds the amount assessed by the condemner and deposited with the clerk;
      2. The condemnation is abandoned by the condemner; or
      3. The final judgment is that the condemner 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 condemner and deposited with the clerk.
    1. Notwithstanding any law to the contrary, in any condemnation proceeding initiated in this state in which interest in the property is being acquired for a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation, 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 condemner pursuant to subdivision (a)(1)(B) or (a)(1)(C). The court shall not award this sum if the costs are taxed to the condemner pursuant to subdivision (a)(1)(A).
    2. Notwithstanding any law to the contrary, in any condemnation proceeding initiated in this state in which interest in the property is not being acquired for a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation, 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. The court shall not award reasonable attorney fees if the costs are taxed to the condemner pursuant to subdivision (a)(1)(A).
  3. Rule 54.04 of the Tennessee Rules of Civil Procedure shall govern the taxing of any additional costs.


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