Tennessee § 29-17-912 - Costs of trial.

§ 29-17-912. Costs of trial.

If the amount of compensation awarded at the trial shall exceed the amount assessed by the condemner and deposited with the clerk, then the bill of costs prepared by the clerk shall be taxed against the condemner. If the amount of compensation awarded at the trial is not in excess of the amount assessed by the condemner and deposited with the clerk, then the bill of costs prepared by the clerk may be taxed against the defendants. Rule 54.04, the Tennessee Rules of Civil Procedure, shall govern the taxing of any additional costs. Notwithstanding subsection (a), the state court having jurisdiction of a proceeding initiated by any person, agency or other entity to acquire real property for the purpose of a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation by condemnation shall tax the bill of costs prepared by the clerk against the condemner and shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for the owner's reasonable disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of condemnation proceedings, only if: The final judgment is that the acquiring party cannot acquire the real property by condemnation; or The proceeding is abandoned by the acquiring party. Notwithstanding subsection (a), the state court having jurisdiction of a proceeding initiated by any person, agency, or other entity to acquire real property, which is not being acquired for a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation, by condemnation shall tax the bill of costs prepared by the clerk against the condemner and shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for the owner's reasonable disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of condemnation proceedings; provided, that reasonable attorney fees shall be awarded only if: The final judgment is that the acquiring party cannot acquire the real property by condemnation; or The proceeding is abandoned by the acquiring party. Acts 1959, ch. 216, § 12; 1972, ch. 463, § 2; 1973, ch. 140, § 1; T.C.A., § 23-1539; Acts 1994, ch. 931, § 1; T.C.A. § 29-17-812 ; Acts 2006, ch. 863, § 1; 2017, ch. 422, §§ 5, 6. 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. Acts 2017, ch. 422, § 7 provided that the act, which amended this section, shall apply to takings or condemnation actions initiated on or after May 18, 2017. Amendments. The 2017 amendment added (b)(2); and in present (b)(1), substituted “to acquire real property for the purpose of a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation” for “to acquire real property”. Effective Dates. Acts 2017, ch. 422, § 7. May 18, 2017. Textbooks. Tennessee Forms (Robinson, Ramsey and Harwell), No. 1-71-2. Cited: Montgomery County v. Nichols, 10 S.W.3d 258, 1999 Tenn. App. LEXIS 498 (Tenn. Ct. App. 1999); Norma Faye Pyles Lynch Family Purpose LLC v. Putnam County, 301 S.W.3d 196, 2009 Tenn. LEXIS 835 (Tenn. Dec. 16, 2009).