Tennessee § 54-12-140 - Damages awarded considered in establishing district — Location and establishment — Damages determined.

§ 54-12-140. Damages awarded considered in establishing district — Location and establishment — Damages determined.

After the filing of the report of the viewers, the monthly county court shall consider the amount of damages awarded in deciding whether the road improvement district should be established. If, in its judgment, the probable cost of construction is not a greater burden than should be properly borne by the land benefited by the improvement and the improvement is conducive to the public health or welfare, or to the public benefit or utility, then the court shall locate and establish the road improvement district by proper order or judgment, to be entered of record, and the court shall then proceed to determine the amount of damages sustained by each claimant, and may hear evidence in respect to the amount of damages, and may increase or diminish the amount awarded by the viewers as deemed just and right. Acts 1919, ch. 193, § 30; Shan. Supp., § 1682a41; Code 1932, § 2855; modified; T.C.A. (orig. ed.), § 54-1340. Cross-References. Authority of the monthly county court, title 5. Body exercising jurisdiction of former monthly county court, § 54-12-102 . Collateral References. Compensation for diminution in value of the remainder of property resulting from taking or use of adjoining land of others for the same undertaking. 59 A.L.R.3d 488. Eminent domain: Consideration of fact that landowner's remaining land will be subject to special assessment in fixing severance damages. 59 A.L.R.3d 534.