§ 69-5-206 — Damages to be considered before establishing district - Damage awards

After the filing of the report of the viewers, the court shall consider the amount of damages awarded in deciding whether such levee or drainage district should be established, and if, in its judgment, the probable cost of construction is not a greater burden than should be properly borne by the land benefited by the improvement, and the improvement is conducive to the public health, welfare, benefit, or utility, then the court shall locate and establish such drainage or levee district by proper judgment to be entered of record, and the court shall thereupon proceed to determine the amount of damages sustained by each claimant, and may hear evidence in respect to damages, and may increase or diminish the amount awarded by the viewers, as may seem just and right.

Legislative History

Acts 1909, ch. 185, §8; Shan., § 3871a38; Code 1932, § 4255; T.C.A. (orig. ed.), § 70-806; T.C.A. § 69-6-206.