STATE OF TENNESSEE ON RELATION OF THE COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION v. RICHARDSON LUMBER COMPANY, ET AL. - Articles

All Content


Posted by: Tanja Trezise on Apr 17, 2014

Court: TN Court of Appeals

Attorneys 1:

Robert E. Cooper, Jr., Attorney General and Reporter; William E. Young, Solicitor General; and Mary S. Foust, Senior Counsel; for the appellant, State of Tennessee.

Attorneys 2:

Robert I. Thomason, Jr. And Mark C. Odle, Waverly, Tennessee, Tennessee, for the appellee, Richardson Lumber.

Judge(s): BENNETT

This is a condemnation case in which the State of Tennessee Department of Transportation acquired 20.93 acres of a 46.813 parcel of land by eminent domain for the purpose of constructing a highway. The jury awarded the landowner money for the value of the land acquired, the improvements on the land (including interior roads and culverts), and incidental damages to the remainder of the property not acquired by the State. The trial court suggested an additur and also awarded the landowner discretionary costs. The State appeals the trial court’s award of an additur and discretionary costs. We have determined that the evidence does not preponderate against the trial court’s suggestion of additur on the issues of incidental damages and interior roads; however, we find the evidence preponderates against the court’s additur with respect to culverts. We also find the trial court erred in assessing discretionary costs against the State.

Attachments: