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Municipal Technical Advisory Service (MTAS)

Attorney, Engineer and Appraisal Fees

Reference Number: MTAS-1315
Reviewed Date: 10/06/2023

If a property owner prevails in an inverse condemnation case, he or she is entitled to recover from the condemner his or her reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees actually incurred because of the proceedings. T.C.A. § 29-16-123. The trial court must award these fees to the property owner if a demand is made by the property owner, although the court has the discretion to determine the reasonableness of those fees. [102}

[102] City of Memphis v. Duncan, (Tenn. Ct. App. W.S. June 6, 1984); Hunter v. Jackson County, (Tenn. Ct. App. M.S. December 28, 1979).