Tennessee Code Annotated

Tenn. Code Ann. § 29-16-114 (2026)

Reserved

✓ current as of May 2026
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Renumbered as T.C.A. s 29-16-203by 2014 Tenn. Acts, ch. 927,s 4, eff. 5/16/2014.

Code 1858, § 1338; Shan., § 1857; Code 1932, §3122; Acts 1951, ch. 176, § 1; 1957, ch. 398, § 1; 1967, ch. 305, §1; 1970, ch. 482, § 1; 1972, ch. 463, § 1; T.C.A. (orig. ed.), § 23-1414; Acts 2006, ch. 863, § 19.


Notes of Decisions
Cited in 38 cases, 1981–2014 · leading case: Metro. Dev. & Hous. Agency v. Trinity Marine Nashville, Inc ., 40 S.W.3d 73 (Tenn. Ct. App. 2000).
Metro. Dev. & Hous. Agency v. Trinity Marine Nashville, Inc ., 40 S.W.3d 73 (Tenn. Ct. App. 2000). · cites it 12× “In support of this argument Defendant cites T.C.A. § 29-16-114(a): In estimating the damages, the jury shall give the value of the land or rights taken without deduction, but incidental benefits which may result to the owner by reason of the proposed improvement may be taken…”
Shelby Cnty. v. Kingsway Greens of Am., Inc., 706 S.W.2d 634 (Tenn. Ct. App. 1985). · cites it 2× “The county contends that this additional language of the charge expressly instructs the jury that it may return a verdict for damages based upon the “cost to cure” effect of the taking and that it is an improper measure of damages under our law.”
State ex rel. Comm'r, Dep't of Transp. v. Teasley, 913 S.W.2d 175 (Tenn. Ct. App. 1995). · cites it 3× “The statute, as pertinent, provides: (b) Notwithstanding any other provision of law, if any person, agency, or other entity acquires any interest in real property pursuant to the execution of the power of eminent domain, he shall acquire at least an equal interest in all…”
State Ex Rel. Com'r v. Teasley, 913 S.W.2d 175 (Tenn. Ct. App. 1995). · cites it 3× “The statute, as pertinent, provides: (b) Notwithstanding any other provision of law, if any person, agency, or other entity acquires any interest in real property pursuant to the execution of the power of eminent domain, he shall acquire at least an equal interest in all…”
State ex rel. Comm'r of Transp. v. Edmonds, 614 S.W.2d 381 (Tenn. Ct. App. 1981). “T.C.A. 29-16-114 (formerly T.C.A. 23-1414), in part, provides for incidental damages for personal property moving expenses: Whenever any person, agency, or other entity acquired interest in any parcel of real property and such acquisition requires the removal of furniture,…”
State of TN Dept. of Transp. v. Tommie/Arlene Goodwin (Tenn. Ct. App. 2002). · cites it 7× “Tenn. Code Ann. § 29-16-114 (a) (2000). Under this statute, a property owner may recover the value of the property actually taken, as well as incidental damages to any remaining property resulting from the taking.”
City of Brentwood v. George M. Cawthon (Tenn. Ct. App. 2010). · cites it 4× “Art. 1, § 21. Tennessee statutes also provide that a landowner is entitled to any incidental damages, which may have resulted to the remainder of the owner’s property, after deducting from the incidental damages the value of any special benefits resulting from the improvement.”
Water Auth. of Dickson Cnty. v. Gene C. Hooper, Vera S. Hooper, & Dickson Cnty., Tennessee (Tenn. Ct. App. 2010). · cites it 2× “” Tenn. Code Ann. § 29-16-114 (a)(1) (emphasis added); see also Tenn.”
Water Auth. of Dickson Cnty. v. Charles B. Hooper, Gene C. Hooper, & Dickson Cnty., Tennessee (Tenn. Ct. App. 2010). · cites it 2× “” Tenn. Code Ann. § 29-16-114 (a)(1) (emphasis added); see also Tenn.”
Eller Media Co. v. City of Memphis (Tenn. Ct. App. 2008). · cites it 2× “2) Alternatively, whether Teasley is contrary to Tenn. Code Ann. § 29-16-114 . Because we agree that the trial court erred in excluding Eller’s experts, we do not address Eller’s second issue.”
Midwestern Gas Transmission Co. v. Rufus Reese (Tenn. Ct. App. 2006). · cites it 2× “§§ 29-16-102 to -103, -113(b), -114(b)-(d), -118(b)-(c), -123(b), and -125 to -127 as well as everything after the first sentence in Tenn. Code Ann. § 29-16-114 (a). 14 Tenn.”
Midwestern Gas Transmission Co. v. Ronald R. Dunn (Tenn. Ct. App. 2006). · cites it 2× “§§ 29-16-102 to -103, -113(b), -114(b)-(d), -118(b)-(c), -123(b), and -125 to -127 as well as everything after the first sentence in Tenn. Code Ann. § 29-16-114 (a). 14 Tenn.”
— Tenn. Code Ann. § 29-16-114(a) — 2 cases
Metro. Dev. & Hous. Agency v. Trinity Marine Nashville, Inc ., 40 S.W.3d 73 (Tenn. Ct. App. 2000). “In support of this argument Defendant cites T.C.A. § 29-16-114(a): In estimating the damages, the jury shall give the value of the land or rights taken without deduction, but incidental benefits which may result to the owner by reason of the proposed improvement may be taken…”
State of TN Dept. of Transp. v. Tommie/Arlene Goodwin (Tenn. Ct. App. 2002). “Tenn. Code Ann. § 29-16-114 (a) (2000). Under this statute, a property owner may recover the value of the property actually taken, as well as incidental damages to any remaining property resulting from the taking.”
— Tenn. Code Ann. § 29-16-114(b) — 2 cases
State ex rel. Comm'r, Dep't of Transp. v. Teasley, 913 S.W.2d 175 (Tenn. Ct. App. 1995). “The statute, as pertinent, provides: (b) Notwithstanding any other provision of law, if any person, agency, or other entity acquires any interest in real property pursuant to the execution of the power of eminent domain, he shall acquire at least an equal interest in all…”
State Ex Rel. Com'r v. Teasley, 913 S.W.2d 175 (Tenn. Ct. App. 1995). “The statute, as pertinent, provides: (b) Notwithstanding any other provision of law, if any person, agency, or other entity acquires any interest in real property pursuant to the execution of the power of eminent domain, he shall acquire at least an equal interest in all…”
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