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Tennessee County Municipal Advisory Service

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Additional Takings

Reference Number: MTAS-1309
Tennessee Code Annotated
Reviewed Date: April 11, 2016
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A significant issue presented in any case where a property owner seeks to recover just compensation for the taking of private property in addition to that previously acquired by the condemner is whether the property owner is estopped by the prior condemnation award or deed to the condemner from recovering additional compensation. [53] The condemnation award encompasses all damages, present and future, that the property owner knew or should have known would result from the proper construction or operation of the public improvement. [54] The burden of proof of showing an estoppel is on the condemner, unless the language of the condemnation decree or deed is unambiguous. [55]

An exception to this rule applies for losses or damage that could not reasonably have been anticipated by either party or, if alleged by the property owner in the condemnation proceeding, would have been rejected as speculative or conjectural. [56] Under this exception, recovery has been permitted for landslides onto private property that resulted from cuts made during the construction of a highway, [57] for damage to a dam caused by excessive blasting during the construction of a pipeline, [58] and for damage to a wall caused by blasting for electric transmission lines. [59] Recovery has been denied when the property owner knew or should have known that curbs limiting access to his property would be constructed as part of a highway project [60] and where the fill from a street that was elevated by the condemner spread onto adjoining property since the owner knew or should have known that the fill would have encroached upon his property when he conveyed a portion of the property to the condemner. [61]


Notes:
[53] Blevins v. Johnson County, supra; Hawkins v. Dawn, 208 Tenn. 544, 347 S.W.2d 480 (1961); Hord v. Holston River Railroad Co., 122 Tenn. 399, 123 S.W. 637 (1909); Williams v. Southern Railway Co., supra; East Tennessee Natural Gas Co. v. Peltz, 38 Tenn. App. 100, 270 S.W.2d 591 (1954); Carter County v. Street, 36 Tenn. App. 166, 252 S.W.2d 803 (1952); Jones v. Oman, 28 Tenn. App. 1, 184 S.W.2d 568 (1944); Fuller v. City of Chattanooga, 22 Tenn. App. 110, 118 S.W.2d 886 (1938).

[54] Blevins v. Johnson County, supra; Hawkins v. Dawn, supra; Hord v. Holston River Railroad Co., supra; Williams v. Southern Railway Co., supra; Fuller v. City of Chattanooga, supra.

[55] Blevins v. Johnson County, supra; Carter County v. Street, supra.

[56] East Tennessee Natural Gas Co. v. Peltz, supra; Carter County v. Street, supra; Jones v. Oman, supra; Fuller v. City of Chattanooga, supra.

[57] Carter County v. Street, supra.

[58] East Tennessee Natural Gas Co. v. Peltz, supra.

[59] Jones v. Oman, supra.

[60] Blevins v. Johnson County, supra.

[61] Fuller v. City of Chattanooga, supra.

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