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.
Structure 2021 Tennessee Code
Title 69 - Waters, Waterways, Drains and Levees
Chapter 5 - Drainage and Levee Districts
§ 69-5-201. Claims Must Be Filed or Waived — Guardian or Conservator
§ 69-5-202. District Not to Be Established Until Assessment of Damages — Viewers — Duty of Engineer
§ 69-5-203. Damages Fixed by Viewers — Report
§ 69-5-204. Report to Be Promptly Filed — Substitute Viewers
§ 69-5-205. Method of Estimating Damages
§ 69-5-206. Damages to Be Considered Before Establishing District — Damage Awards
§ 69-5-207. Damages to Be Paid or Secured by Parties Benefited by Such District