Tennessee Code Annotated
Tenn. Code Ann. § 29-17-912 (2026)
Costs of trial
✓ current as of May 2026
- (a)
- (1) 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.
- (2) Rule 54.04, the Tennessee Rules of Civil Procedure, shall govern the taxing of any additional costs.
- (b)
- (1) 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:
- (A) The final judgment is that the acquiring party cannot acquire the real property by condemnation; or
- (B) The proceeding is abandoned by the acquiring party.
- (2) 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:
- (A) The final judgment is that the acquiring party cannot acquire the real property by condemnation; or
- (B) The proceeding is abandoned by the acquiring party.
- (1) 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:
Amended by 2017 Tenn. Acts, ch. 422,Secs.s5, s6 eff. 5/18/2017.
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.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 2009–2025 · leading case: Norma Faye Pyles Lynch Fam. Purpose LLC v. Putnam Cnty., 301 S.W.3d 196 (Tenn. 2009).
Norma Faye Pyles Lynch Fam. Purpose LLC v. Putnam Cnty., 301 S.W.3d 196 (Tenn. 2009). “50 in accordance with Tenn.Code Ann. § 29-17-912(b)(2) (Supp.2009) on the ground that the City and County had abandoned the condemnation proceeding.”
City of Memphis, A Mun. Corp. for the Use & Benefit of Memphis Light Gas & Water v. Tandy J. Gilliland Fam., L.L.C., 391 S.W.3d 60 (Tenn. Ct. App. 2012). “02 and statutory fees and costs under Tennessee Code Annotated Section 29-17-912. Although the order granting judgment to the Appellees on the issue of condemnation was entered on July 1, 2011, due to the pending issue of costs and fees, final judgment was not entered until…”
Shelby Cnty. v. James Crews (Tenn. Ct. App. 2015). “Tenn. Code Ann. § 29-17-912 (b) (2012). 6 County‟s condemnation case was in error and that title to the property should be transferred back to the County.”
State of Tennessee v. Donald Bruce Anderson (Tenn. Ct. App. 2015). “Tenn. Code Ann. § 29-17-912 (2012). Although § 29-17-912(a)(2) provides that Rule 54.”
City of Pigeon Forge, Tennessee v. Rlr Investments, LLC (Tenn. Ct. App. 2025). “See Tenn. Code Ann. § 29-17-912 (b)(1)(B). Accordingly, we deny RLR’s request for a statutory award of costs and attorney’s fees on appeal.”
State of Tennessee on Relation of the Comm'r of the Dep't of Transp. v. Richardson Lumber Co. (Tenn. Ct. App. 2014). “The Wallace court noted that Tenn. Code Ann. § 29-17-912 defers to Tenn.”
Tenn. Code Ann. § 29-17-912(a)(2): 1 case
State of Tennessee v. Donald Bruce Anderson (Tenn. Ct. App. 2015). “Tenn. Code Ann. § 29-17-912 (2012). Although § 29-17-912(a)(2) provides that Rule 54.”
Tenn. Code Ann. § 29-17-912(b): 1 case
State of Tennessee v. Donald Bruce Anderson (Tenn. Ct. App. 2015). “Tenn. Code Ann. § 29-17-912 (2012). Although § 29-17-912(a)(2) provides that Rule 54.”
Tenn. Code Ann. § 29-17-912(b)(1): 1 case
City of Pigeon Forge, Tennessee v. Rlr Investments, LLC (Tenn. Ct. App. 2025). “See Tenn. Code Ann. § 29-17-912 (b)(1)(B). Accordingly, we deny RLR’s request for a statutory award of costs and attorney’s fees on appeal.”
Tenn. Code Ann. § 29-17-912(b)(2): 1 case
Norma Faye Pyles Lynch Fam. Purpose LLC v. Putnam Cnty., 301 S.W.3d 196 (Tenn. 2009). “50 in accordance with Tenn.Code Ann. § 29-17-912(b)(2) (Supp.2009) on the ground that the City and County had abandoned the condemnation proceeding.”
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