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Deposit and Appraisal (Supplementary)

Reference Number: MTAS-1281
Reviewed Date: 10/05/2023

Deposit and Appraisal (Supplementary Procedure)
The condemner must determine what it deems to be the amount due the property owner and deposit that amount when it files the petition for condemnation[60]. This deposit should be a good faith estimate of damages and expenses the defendant will likely incur as the result of the condemnation. [61] Evidence of the amount deposited is irrelevant, however, if the condemnation goes to trial on the amount of damages. [62]

The amount deposited must be based upon an appraisal. The appraisal must value the property considering its highest and best use, its use at the time of the taking, and any other use to which the property is legally adaptable at the time of the taking. The appraiser must be an MAI or an otherwise licensed and qualified appraiser. T.C.A. § 29-17-1004.

[60] The specification of the amount of damages the condemner believes the property owner is entitled to is not an admission, Kennedy v. City of Chattanooga, supra, and is not relevant at trial. Smith County v. Eatherly, supra.

[61] State ex rel. Smith v. Overstreet, supra.

[62] Smith County v. Eatherly, 820 S.W.2d 366 (Tenn. App. 1991).