Appeal

Reference Number: MTAS-1319
Tennessee Code Annotated
Reviewed Date: October 19, 2018
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Both the property owner and the lessee have an independent right to appeal the amount of damages awarded; joinder of parties is not necessary. [21] On appeal, the court may increase the award to the appellant as long as it determines that the initial award did not accurately reflect the fair market value of the unencumbered fee [22] or did not reflect the total aggregate amount of incidental damages. [23] Thus, any relief granted on appeal must be through an increase of the total award rather than a reallocation of the lower court’s award. [24]


Notes:
[21] State ex rel. Shaw v. Shofner, supra; State, Department of Highways v. Hurt, 63 Tenn. App. 689, 478 S.W.2d 775 (1972).

[22] State, Department of Highways v. Hurt, supra.

[23] State ex rel. Shaw v. Shofner, supra.

[24] State ex rel. Shaw v. Shofner, supra; State, Department of Highways v. Hurt, supra.

 

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