Terms Used In Tennessee Code 12-1-205

  • Private property: means real property, or improvements to real property, not owned by the federal government or a state agency. See Tennessee Code 12-1-202
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • taking: means the taking of private property by government action such that compensation to the owner of that property is required by either:
    (A) The fifth or fourteenth Amendment to the . See Tennessee Code 12-1-202

An owner of private property who successfully establishes that a government action is an unconstitutional taking of such owner’s private property requiring payment or just compensation shall be entitled to recover the same attorneys’ fees, costs and expenses as are allowable in actions brought pursuant to § 29-16-123(b). Such recovery shall be in accordance with the procedures provided in such section.