Tennessee § 29-17-910 - Manner of determining damages to which owner is entitled.

§ 29-17-910. Manner of determining damages to which owner is entitled.

In all instances the amount to which an owner is entitled shall be determined by ascertaining the fair cash market value of the property or property rights taken and adding to the same the amount of incidental damage done to the residue of the owner's property, if any, after deducting from the incidental damages to the residue the value of all special benefits, if any, occasioned such residue by the construction of such street, road, highway, levee, ditch, drain, watercourse improvement (when such levee, ditch, drain, or watercourse improvement is condemned pursuant to § 29-17-901(a)(2) ), freeway or parkway including, but not limited to, increased accessibility to the owner's property, greater convenience in the approach with vehicles, the advantages generally of a front on a more desirable roadway, better drainage, or increased attractiveness. Acts 1959, ch. 216, § 10; T.C.A., § 23-1537; Acts 1981, ch. 248, § 3; T.C.A. § 29-17-810 ; Acts 2006, ch. 863, § 1. 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. Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Eminent Domain, §§ 20-34. Cited: Tate v. County of Monroe, 578 S.W.2d 642, 1978 Tenn. App. LEXIS 328 (Tenn. Ct. App. 1978); Shelby County v. Kingsway Greens of America, Inc., 706 S.W.2d 634, 1985 Tenn. App. LEXIS 3236 (Tenn. Ct. App. 1985); Leonard v. Knox County, 146 S.W.3d 589, 2004 Tenn. App. LEXIS 178 (Tenn. Ct. App. 2004); 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).