(a) 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:

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Terms Used In Tennessee Code 29-17-106

  • Appraisal: A determination of property value.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) The condemner, if:

(A) The amount of damages awarded at trial exceeds the amount assessed by the condemner and deposited with the clerk;
(B) The condemnation is abandoned by the condemner; or
(C) 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.
(b)

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