(a) Upon entering an order that includes a return of property, in whole or in part, the administrative law judge or the court shall also include an award of reasonable attorney’s fees against the seizing agency subject to the limits in subsection (c).
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Terms Used In Tennessee Code 40-33-217

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Statute: A law passed by a legislature.
(b) No award of attorney’s fees against a seizing agency shall be entered when the initial order is the result of a settlement between the parties.
(c) An award of reasonable attorney’s fees under this section shall not exceed ten thousand dollars ($10,000). Failure to submit documentation of an attorney’s time and expenses must result in no attorney’s fee being awarded.
(d) The award of attorney’s fees shall be appealable in the same manner as an initial order under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(e) Compensation shall not be awarded to an attorney whose fees are paid under any federally funded legal services program, or any such program funded by the state. However, compensation shall be determined and allowed in accordance with subsection (f) to an attorney employed in a privately or publicly funded nonprofit public interest law firm or corporation if neither the attorney, the law firm, nor the corporation received, or is entitled to receive, compensation for filing the claim on behalf of the claimant under any federal or state statute or rule other than this section.
(f) Notwithstanding § 4-5-325 or any other law to the contrary, this section shall be the exclusive means for seeking attorney’s fees for proceedings conducted under this part. This section does not prohibit a person who files an action pursuant to § 40-33-215 from seeking attorney’s fees for that specific action.
(g) For the purposes of this section, “seizing agency” means the agency that issued the Notice of Seizure pursuant to § 40-33-203.
(h) Notwithstanding § 40-33-211, § 53-11-201, or any other law, funds forfeited to a seizing agency under this part may be used to pay attorney’s fees ordered under this section.
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