Smith v. State, Department of Transportation

I must respectfully dissent.

Although the majority opinion recognizes the injustice of the decision in Tillman v. Lewisburg & N. Railroad Co., 133 Tenn. 554, 182 S.W. 597 (1915), it nevertheless applies the rule there announced that “unity of title” must exist in order for the citizen to recover incidental or consequential damages to the property remaining after the taking of a contiguous tract in which the citizen has an ownership interest as a tenant in common. The property taken is the parking lot for a motel located on the property not taken but which is contiguous to that taken and with…