Tenn. Code Ann. § 54-12-111 — TN Code / Title 54 / Chapter 12 / Section 54-12-111
Collection dates fixed upon assessment being made - Assessment list certified to trustee to collect - Compensation
Status: in_force

When the assessment has been made, the monthly county court shall fix the dates within which the assessment shall be collected, and the county clerk shall make out an assessment list or book, giving alphabetically the name of the owner, and the boundaries of the land, the number of acres, and the amount assessed against each tract, and the county clerk will make the same substantially in the form used for state and county tax books, and when so made, the county clerk shall certify the same to the trustee of the county, and it is the duty of the trustee to proceed at once to collect the assessments within the dates prescribed by the court; and the trustee will pay the amount collected on the assessments to the county clerk, to be paid out by the county clerk on the costs and expenses under the orders of the court, and for collecting, and paying over the assessments, the trustee shall be allowed as compensation two percent (2%) of the amount collected and paid over. Acts 1919, ch. 193, § 6; Shan. Supp., § 1682a17; Code 1932, § 2831; modified; T.C.A. (orig. ed.), § 54-1311; impl. am. Acts 1978, ch. 934, §§ 22, 36.
When the assessment has been made, the monthly county court shall fix the dates within which the assessment shall be collected, and the county clerk shall make out an assessment list or book, giving alphabetically the name of the owner, and the boundaries of the land, the number of acres, and the amount assessed against each tract, and the county clerk will make the same substantially in the form used for state and county tax books, and when so made, the county clerk shall certify the same to the trustee of the county, and it is the duty of the trustee to proceed at once to collect the assessments within the dates prescribed by the court; and the trustee will pay the amount collected on the assessments to the county clerk, to be paid out by the county clerk on the costs and expenses under the orders of the court, and for collecting, and paying over the assessments, the trustee shall be allowed as compensation two percent (2%) of the amount collected and paid over.
Acts 1919, ch. 193, § 6; Shan. Supp., § 1682a17; Code 1932, § 2831; modified; T.C.A. (orig. ed.), § 54-1311; impl. am. Acts 1978, ch. 934, §§ 22, 36.
Tenn. Code Ann. § 54-12-131 — TN Code / Title 54 / Chapter 12 / Section 54-12-131
Writ or publication need not state contents of petition or its prayer
Status: in_force

The writ or summons and the publication notice need not give or set out in any detail the contents of the petition or of its prayer. Acts 1919, ch. 193, § 20; Shan. Supp., § 1682a31; Code 1932, § 2845; T.C.A. (orig. ed.), § 54-1331.
The writ or summons and the publication notice need not give or set out in any detail the contents of the petition or of its prayer.
Acts 1919, ch. 193, § 20; Shan. Supp., § 1682a31; Code 1932, § 2845; T.C.A. (orig. ed.), § 54-1331.
Tenn. Code Ann. § 54-12-152 — TN Code / Title 54 / Chapter 12 / Section 54-12-152
Appropriation of right-of-way, and of other necessary lands
Status: in_force

In establishing any road improvement district, all necessary lands may be appropriated as provided in this part and a right-of-way of as much as one hundred feet (100') may be so appropriated if deemed necessary for the sites and location of any road to be built under this chapter, but the provision in this section as to the width of the right-of-way shall not prevent the monthly county court from ordering the appropriation of other lands deemed necessary for the purposes of the improvement district under this chapter. Acts 1919, ch. 193, § 42; Shan. Supp., § 1682a53; Code 1932, § 2867; modified; T.C.A. (orig. ed.), § 54-1352.
In establishing any road improvement district, all necessary lands may be appropriated as provided in this part and a right-of-way of as much as one hundred feet (100') may be so appropriated if deemed necessary for the sites and location of any road to be built under this chapter, but the provision in this section as to the width of the right-of-way shall not prevent the monthly county court from ordering the appropriation of other lands deemed necessary for the purposes of the improvement district under this chapter.
Acts 1919, ch. 193, § 42; Shan. Supp., § 1682a53; Code 1932, § 2867; modified; T.C.A. (orig. ed.), § 54-1352.
Tenn. Code Ann. § 54-10-211 — TN Code / Title 54 / Chapter 10 / Section 54-10-211
Compensation of jury of view
Status: in_force

The jury of view each shall receive two dollars ($2.00) per day for services, which, with other costs and damages accruing on the opening, changing or closing of roads, shall be paid out of the general county funds, upon the order of the commissioner upon the county mayor, upon which the county mayor shall issue a warrant, subject always to the county mayor's approval. Acts 1891, ch. 1, § 14; Shan., § 1630; mod. Code 1932, § 2740; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 54-915; Acts 2003, ch. 90, § 2.
The jury of view each shall receive two dollars ($2.00) per day for services, which, with other costs and damages accruing on the opening, changing or closing of roads, shall be paid out of the general county funds, upon the order of the commissioner upon the county mayor, upon which the county mayor shall issue a warrant, subject always to the county mayor's approval.
Acts 1891, ch. 1, § 14; Shan., § 1630; mod. Code 1932, § 2740; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 54-915; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 54-5-402 — TN Code / Title 54 / Chapter 5 / Section 54-5-402
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Department" means the department of transportation; (2) "Industrial highway" means any extension of, or connection with the highway system, including state and federal highways, rural roads, and municipal streets, constructed under this part; (3) "Industry" or "industrial" means facilities for the manufacture of goods or for the production or processing of commodities; ports or other distribution centers for the storage and shipment of goods; corporate or administrative headquarters of business firms; and any facility of a business which the department of economic and community development has determined to be eligible for a FastTrack industrial infrastructure and industrial site preparation grant or loan pursuant to §§ 4-3-715 - 4-3-717; and (4) "Municipality" means any county, incorporated city or town, or any public port authority or transportation authority in this state. Amended by 2014 Tenn. Acts, ch. 546,s 2, eff. 3/17/2014. Acts 1959, ch. 264, § 2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-547; Acts 1981, ch. 264, § 12.
As used in this part, unless the context otherwise requires:
(1) "Department" means the department of transportation;
(2) "Industrial highway" means any extension of, or connection with the highway system, including state and federal highways, rural roads, and municipal streets, constructed under this part;
(3) "Industry" or "industrial" means facilities for the manufacture of goods or for the production or processing of commodities; ports or other distribution centers for the storage and shipment of goods; corporate or administrative headquarters of business firms; and any facility of a business which the department of economic and community development has determined to be eligible for a FastTrack industrial infrastructure and industrial site preparation grant or loan pursuant to §§ 4-3-715 - 4-3-717; and
(4) "Municipality" means any county, incorporated city or town, or any public port authority or transportation authority in this state.
Amended by 2014 Tenn. Acts, ch. 546,s 2, eff. 3/17/2014.
Acts 1959, ch. 264, § 2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-547; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-12-153 — TN Code / Title 54 / Chapter 12 / Section 54-12-153
Engineer or another appointee directed to make more complete survey and estimate of cost of improvement
Status: in_force

(a) After the road improvement district is established by the monthly county court, and all damages paid or secured, if the court is of the opinion that the report of the engineer already made is not sufficiently full or definite to enable the proper letting of contracts for the construction of the improvement, or for other reasons is not as full and definite as it should be, the court shall direct the engineer, or another appointed by the court for that purpose, to make a further and more complete survey and estimates of the district and cost of proposed improvements, and report to the court as to the same, giving all necessary and required information; how much of the improvements will be upon each tract of land, as nearly as practicable, giving definite estimates as to the cost and character of work, and dividing the work into convenient sections for making contracts, etc., and giving other particulars the court sees fit to direct. (b) The report of the engineer shall be made and filed with the county clerk without unreasonable delay, and if the engineer fails to act with reasonable promptness, the court may remove the engineer and appoint another. Acts 1919, ch. 193, § 43; Shan. Supp., § 1682a54; Code 1932, § 2868; modified; T.C.A. (orig. ed.), § 54-1353.
(a) After the road improvement district is established by the monthly county court, and all damages paid or secured, if the court is of the opinion that the report of the engineer already made is not sufficiently full or definite to enable the proper letting of contracts for the construction of the improvement, or for other reasons is not as full and definite as it should be, the court shall direct the engineer, or another appointed by the court for that purpose, to make a further and more complete survey and estimates of the district and cost of proposed improvements, and report to the court as to the same, giving all necessary and required information; how much of the improvements will be upon each tract of land, as nearly as practicable, giving definite estimates as to the cost and character of work, and dividing the work into convenient sections for making contracts, etc., and giving other particulars the court sees fit to direct.
(b) The report of the engineer shall be made and filed with the county clerk without unreasonable delay, and if the engineer fails to act with reasonable promptness, the court may remove the engineer and appoint another.
Acts 1919, ch. 193, § 43; Shan. Supp., § 1682a54; Code 1932, § 2868; modified; T.C.A. (orig. ed.), § 54-1353.
Tenn. Code Ann. § 54-12-114 — TN Code / Title 54 / Chapter 12 / Section 54-12-114
Proceeding for cost and expense fund not to delay other proceedings - Sixty percent acreage provision
Status: in_force

The proceeding to create a fund for the payment of the cost and expenses shall not interfere with or delay the other proceeding, and the matter, in all other respects, may be proceeded with as provided in this part, and as provided by law; provided, that the sixty percent (60%) acreage provision of § 54-12-108 shall only apply to and be limited to a proceeding under this part. Acts 1919, ch. 193, § 9; Shan. Supp., § 1682a20; Code 1932, § 2834; T.C.A. (orig. ed.), § 54-1314.
The proceeding to create a fund for the payment of the cost and expenses shall not interfere with or delay the other proceeding, and the matter, in all other respects, may be proceeded with as provided in this part, and as provided by law; provided, that the sixty percent (60%) acreage provision of § 54-12-108 shall only apply to and be limited to a proceeding under this part.
Acts 1919, ch. 193, § 9; Shan. Supp., § 1682a20; Code 1932, § 2834; T.C.A. (orig. ed.), § 54-1314.
Tenn. Code Ann. § 54-12-218 — TN Code / Title 54 / Chapter 12 / Section 54-12-218
Trustee to pay collections over to county clerk who shall pay to parties entitled under orders of court
Status: in_force

The trustee shall pay the amount collected to the county clerk, upon the order or warrant of the county mayor; and when the amount collected has been paid to the clerk, the clerk will pay out the amount collected to the parties entitled under the order of the monthly county court. Acts 1919, ch. 193, § 58; Shan. Supp., § 1682a72; Code 1932, § 2886; modified; T.C.A. (orig. ed.), § 54-1418; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; Acts 2003, ch. 90, § 2.
The trustee shall pay the amount collected to the county clerk, upon the order or warrant of the county mayor; and when the amount collected has been paid to the clerk, the clerk will pay out the amount collected to the parties entitled under the order of the monthly county court.
Acts 1919, ch. 193, § 58; Shan. Supp., § 1682a72; Code 1932, § 2886; modified; T.C.A. (orig. ed.), § 54-1418; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 54-11-105 — TN Code / Title 54 / Chapter 11 / Section 54-11-105
Advertisement of fords to be cleared
Status: in_force

The county clerk shall make out a list of the propositions reported by the county mayor, and give it to the sheriff, who shall immediately advertise at the different fords proposed to be cleared, or at some public place near the fords, that contracts will be given to bidders at the July session of the legislative body; provided, that a majority of the members of the county legislative body agree. Acts 1859-1860, ch. 115, § 4; Shan., § 1745; Code 1932, § 3071; impl. am. Acts 1978, §§ 7, 22, 36; modified; T.C.A. (orig. ed.), § 54-1105; Acts 2003, ch. 90, § 2.
The county clerk shall make out a list of the propositions reported by the county mayor, and give it to the sheriff, who shall immediately advertise at the different fords proposed to be cleared, or at some public place near the fords, that contracts will be given to bidders at the July session of the legislative body; provided, that a majority of the members of the county legislative body agree.
Acts 1859-1860, ch. 115, § 4; Shan., § 1745; Code 1932, § 3071; impl. am. Acts 1978, §§ 7, 22, 36; modified; T.C.A. (orig. ed.), § 54-1105; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 54-12-425 — TN Code / Title 54 / Chapter 12 / Section 54-12-425
Compensation of trustee for receiving and paying out money derived from sale of bonds and warrants - Bond and compensation of successor
Status: in_force

(a) (1) The county trustee, for receiving and paying out money received from the sale of bonds and warrants issued and sold under this part, shall be entitled to a commission of one-half of one percent (0.5%) for receiving the money, and one-half of one percent (0.5%) for paying out the money. (2) Any moneys and funds remaining with the county trustee at the expiration of the county trustee's term of office shall be paid over to the county trustee's successor when the successor has executed bond for the moneys and funds as provided in this part. (b) It is the duty of the succeeding trustee to execute the bond, and failure to do so shall result in liability for the penalties provided for the failure. (c) The trustee actually disbursing the funds arising from the sale of bonds or warrants shall be entitled to the commission of one-half of one percent (0.5%); provided, the successor shall not be entitled to any commissions for receiving the funds from the trustee's predecessor. Acts 1919, ch. 193, § 109; Shan. Supp., § 1682a123; Code 1932, § 2938; T.C.A. (orig. ed.), § 54-1625.
(a) (1) The county trustee, for receiving and paying out money received from the sale of bonds and warrants issued and sold under this part, shall be entitled to a commission of one-half of one percent (0.5%) for receiving the money, and one-half of one percent (0.5%) for paying out the money. (2) Any moneys and funds remaining with the county trustee at the expiration of the county trustee's term of office shall be paid over to the county trustee's successor when the successor has executed bond for the moneys and funds as provided in this part.
(1) The county trustee, for receiving and paying out money received from the sale of bonds and warrants issued and sold under this part, shall be entitled to a commission of one-half of one percent (0.5%) for receiving the money, and one-half of one percent (0.5%) for paying out the money.
(2) Any moneys and funds remaining with the county trustee at the expiration of the county trustee's term of office shall be paid over to the county trustee's successor when the successor has executed bond for the moneys and funds as provided in this part.
(b) It is the duty of the succeeding trustee to execute the bond, and failure to do so shall result in liability for the penalties provided for the failure.
(c) The trustee actually disbursing the funds arising from the sale of bonds or warrants shall be entitled to the commission of one-half of one percent (0.5%); provided, the successor shall not be entitled to any commissions for receiving the funds from the trustee's predecessor.
Acts 1919, ch. 193, § 109; Shan. Supp., § 1682a123; Code 1932, § 2938; T.C.A. (orig. ed.), § 54-1625.
Tenn. Code Ann. § 54-12-314 — TN Code / Title 54 / Chapter 12 / Section 54-12-314
Contractor paid on basis of eighty percent of engineer's monthly estimate of amount of work done
Status: in_force

The engineer in charge of the construction shall furnish to the contractor monthly estimates of the amount of work done on each section, and upon filing the estimates with the county clerk, the county mayor shall draw a warrant in favor of the contractor for eighty percent (80%) of the value of the work done according to the estimate. Acts 1919, ch. 193, § 79; Shan. Supp., § 1682a93; Code 1932, § 2907; modified; T.C.A. (orig. ed.), § 54-1514; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; Acts 2003, ch. 90, § 2.
The engineer in charge of the construction shall furnish to the contractor monthly estimates of the amount of work done on each section, and upon filing the estimates with the county clerk, the county mayor shall draw a warrant in favor of the contractor for eighty percent (80%) of the value of the work done according to the estimate.
Acts 1919, ch. 193, § 79; Shan. Supp., § 1682a93; Code 1932, § 2907; modified; T.C.A. (orig. ed.), § 54-1514; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 54-12-128 — TN Code / Title 54 / Chapter 12 / Section 54-12-128
Summons or writ issued - Served upon whom
Status: in_force

(a) When the plan, if any, has finally met the approval of the monthly county court, the court shall order the county clerk to issue a summons or writ to the sheriff of the proper county, the writ to run in the name of the state, commanding the sheriff to summon the persons named in the writ to appear before the monthly county court on the day set by it for the hearing of the petition. (b) The writ or summons shall name the owners of all tracts or lots of land not petitioners, within the proposed road improvement district, as shown by the tax books of the county, or by affidavit filed, and upon the persons in actual occupancy of the lands or lots, and also upon any lienholder or encumbrancer of any land in the proposed district, as shown by the county records, and shall notify them of the pendency of the petition and the prayer of the petition, but no copy of the petition shall accompany the writ. Acts 1919, ch. 193, § 17; Shan. Supp., § 1682a28; Code 1932, § 2842; modified; T.C.A. (orig. ed.), § 54-1328.
(a) When the plan, if any, has finally met the approval of the monthly county court, the court shall order the county clerk to issue a summons or writ to the sheriff of the proper county, the writ to run in the name of the state, commanding the sheriff to summon the persons named in the writ to appear before the monthly county court on the day set by it for the hearing of the petition.
(b) The writ or summons shall name the owners of all tracts or lots of land not petitioners, within the proposed road improvement district, as shown by the tax books of the county, or by affidavit filed, and upon the persons in actual occupancy of the lands or lots, and also upon any lienholder or encumbrancer of any land in the proposed district, as shown by the county records, and shall notify them of the pendency of the petition and the prayer of the petition, but no copy of the petition shall accompany the writ.
Acts 1919, ch. 193, § 17; Shan. Supp., § 1682a28; Code 1932, § 2842; modified; T.C.A. (orig. ed.), § 54-1328.
Tenn. Code Ann. § 54-9-211 — TN Code / Title 54 / Chapter 9 / Section 54-9-211
Inspection by department of transportation - Payments to contractor
Status: in_force

(a) From time to time the department of transportation shall inspect the work as it progresses on the project. (b) On all county road and highway projects, the contractor shall be entitled to payments on account of the contractor's contract in the same way and manner as payments are made to contractors performing state highway contracts, but no payments shall be made until the state engineer certifies that the work of the contractor, for which the contractor claims payment, has been satisfactorily performed in accordance with the contract. Acts 1959, ch. 320, § 11; T.C.A., § 54-854; Acts 1983, ch. 320, § 12.
(a) From time to time the department of transportation shall inspect the work as it progresses on the project.
(b) On all county road and highway projects, the contractor shall be entitled to payments on account of the contractor's contract in the same way and manner as payments are made to contractors performing state highway contracts, but no payments shall be made until the state engineer certifies that the work of the contractor, for which the contractor claims payment, has been satisfactorily performed in accordance with the contract.
Acts 1959, ch. 320, § 11; T.C.A., § 54-854; Acts 1983, ch. 320, § 12.
Tenn. Code Ann. § 54-5-806 — TN Code / Title 54 / Chapter 5 / Section 54-5-806
Applicability of this part
Status: in_force

(a) The policy, principles and reimbursement provisions of this part shall apply equally to all other utilities, whether public, private or cooperatively owned, that furnish utility service including, but not limited to, water, electric power, sanitary sewer, storm sewer, steam, fuel gas and telephone or telegraph service through a system of pipes, conduits, cables, or wires devoted to public utility service. (b) The policy, principles, and reimbursement provisions of this part shall apply to any and all highway projects that have not been completed on April 1, 1963, even though prior to April 1, 1963, the commissioner has required agreements with the affected utilities concerning the relocation work. The commissioner is authorized and directed to amend any and all existing agreements so as to conform to this part. Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 6; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-567; Acts 1981, ch. 264, § 12.
(a) The policy, principles and reimbursement provisions of this part shall apply equally to all other utilities, whether public, private or cooperatively owned, that furnish utility service including, but not limited to, water, electric power, sanitary sewer, storm sewer, steam, fuel gas and telephone or telegraph service through a system of pipes, conduits, cables, or wires devoted to public utility service.
(b) The policy, principles, and reimbursement provisions of this part shall apply to any and all highway projects that have not been completed on April 1, 1963, even though prior to April 1, 1963, the commissioner has required agreements with the affected utilities concerning the relocation work. The commissioner is authorized and directed to amend any and all existing agreements so as to conform to this part.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 6; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-567; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-14-108 — TN Code / Title 54 / Chapter 14 / Section 54-14-108
Jury to set apart by metes and bounds and assess damages
Status: in_force

The jury will then proceed to examine the ground and may hear testimony, but no argument of counsel, and set apart by metes and bounds a sufficient quantity of the land or property for the purposes intended, and assess the damages occasioned to the parties interested or affected by the property taken. Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a6; Code 1932, § 2752; T.C.A. (orig. ed.), § 54-1908.
The jury will then proceed to examine the ground and may hear testimony, but no argument of counsel, and set apart by metes and bounds a sufficient quantity of the land or property for the purposes intended, and assess the damages occasioned to the parties interested or affected by the property taken.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a6; Code 1932, § 2752; T.C.A. (orig. ed.), § 54-1908.
Tenn. Code Ann. § 54-1-202 — TN Code / Title 54 / Chapter 1 / Section 54-1-202
Offense for official to enter into certain contracts
Status: in_force

It is a Class E felony for any officer of the department to enter knowingly into any contract under this chapter and chapters 2, 4, and 5 of this title with: (1) Any person related to the officer or to any other officer of the department within the fourth degree; (2) Any corporation in which the officer or any other member of the department is interested, directly or indirectly; or (3) Any corporation in which any person knowingly related to the officer is interested, directly or indirectly. Acts 1917, ch. 74, § 8; Shan., § 1720a29b34 (p. 6551); Shan. Supp., § 1720a7b65; Code 1932, § 3225; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-118; Acts 1981, ch. 264, § 12; 1989, ch. 591, § 51.
It is a Class E felony for any officer of the department to enter knowingly into any contract under this chapter and chapters 2, 4, and 5 of this title with:
(1) Any person related to the officer or to any other officer of the department within the fourth degree;
(2) Any corporation in which the officer or any other member of the department is interested, directly or indirectly; or
(3) Any corporation in which any person knowingly related to the officer is interested, directly or indirectly.
Acts 1917, ch. 74, § 8; Shan., § 1720a29b34 (p. 6551); Shan. Supp., § 1720a7b65; Code 1932, § 3225; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-118; Acts 1981, ch. 264, § 12; 1989, ch. 591, § 51.
Tenn. Code Ann. § 54-18-220 — TN Code / Title 54 / Chapter 18 / Section 54-18-220
Supplementary nature of part - Counties and cities to which applicable
Status: in_force

(a) This part shall not be construed as repealing or impairing any provision of any special or private act relating to the regulation of buildings in mapped highways, and all the provisions of the private act shall remain in full force and effect; but insofar as this part is not inconsistent with the special or private act, this part shall apply to the powers and authorities of the county or municipality. (b) This part shall apply to counties and cities within counties having a population of not less than three hundred seventy-five thousand (375,000), according to the 1960 federal census or any subsequent federal census. (c) This part shall apply to counties with a population in excess of two hundred thousand (200,000). Acts 1965, ch. 251, § 20; T.C.A., §§ 54-2220, 54-19-120; T.C.A. § 54-18-221 .
(a) This part shall not be construed as repealing or impairing any provision of any special or private act relating to the regulation of buildings in mapped highways, and all the provisions of the private act shall remain in full force and effect; but insofar as this part is not inconsistent with the special or private act, this part shall apply to the powers and authorities of the county or municipality.
(b) This part shall apply to counties and cities within counties having a population of not less than three hundred seventy-five thousand (375,000), according to the 1960 federal census or any subsequent federal census.
(c) This part shall apply to counties with a population in excess of two hundred thousand (200,000).
Acts 1965, ch. 251, § 20; T.C.A., §§ 54-2220, 54-19-120; T.C.A. § 54-18-221 .
Tenn. Code Ann. § 54-5-107 — TN Code / Title 54 / Chapter 5 / Section 54-5-107
Injunctions against interference - Cost bond unnecessary - Prompt hearings
Status: in_force

(a) No cost bond is necessary in the suit. Injunction may be sought and obtained against all persons interfering in any way with the work of the department or any of its assistants or employees engaged in locating, laying out, or constructing any such roads. (b) It is the duty of all the chancellors and trial judges to grant injunctions and make all other orders that will facilitate the work of the department in locating and constructing roads under this part, and they shall promptly hear all cases in which the department may be interested. Acts 1917, ch. 74, § 5; Shan., § 1720a29b20 (p. 6550); Shan. Supp., § 1720a7b51; Code 1932, § 3209; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-507; Acts 1981, ch. 264, § 12.
(a) No cost bond is necessary in the suit. Injunction may be sought and obtained against all persons interfering in any way with the work of the department or any of its assistants or employees engaged in locating, laying out, or constructing any such roads.
(b) It is the duty of all the chancellors and trial judges to grant injunctions and make all other orders that will facilitate the work of the department in locating and constructing roads under this part, and they shall promptly hear all cases in which the department may be interested.
Acts 1917, ch. 74, § 5; Shan., § 1720a29b20 (p. 6550); Shan. Supp., § 1720a7b51; Code 1932, § 3209; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-507; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-18-219 — TN Code / Title 54 / Chapter 18 / Section 54-18-219
Buildings not on existing or mapped streets
Status: in_force

The legislative body may provide by resolution or ordinance that no permit for the erection of any building shall be issued, unless a highway giving access to the proposed building existed and was established by law as a public highway at the time of the establishment of the official map in accordance with this part; provided, that the resolution or ordinance shall contain a provision whereby the applicant for the permit may appeal to the board of adjustment provided for in § 54-18-212 , hearing upon the appeal and notice of which shall be held and given as provided in this part, and the board shall have the authority to authorize a permit, subject to conditions the board may impose, where the circumstances of the case do not require the proposed building to be related to existing streets or to streets shown on the official map, and where the permit would not tend to distort or increase the difficulty of carrying out the official map or master plan of the county or municipality. Acts 1965, ch. 251, § 18; T.C.A., §§ 54-2219, 54-19-119.
The legislative body may provide by resolution or ordinance that no permit for the erection of any building shall be issued, unless a highway giving access to the proposed building existed and was established by law as a public highway at the time of the establishment of the official map in accordance with this part; provided, that the resolution or ordinance shall contain a provision whereby the applicant for the permit may appeal to the board of adjustment provided for in § 54-18-212 , hearing upon the appeal and notice of which shall be held and given as provided in this part, and the board shall have the authority to authorize a permit, subject to conditions the board may impose, where the circumstances of the case do not require the proposed building to be related to existing streets or to streets shown on the official map, and where the permit would not tend to distort or increase the difficulty of carrying out the official map or master plan of the county or municipality.
Acts 1965, ch. 251, § 18; T.C.A., §§ 54-2219, 54-19-119.
Tenn. Code Ann. § 54-18-101 — TN Code / Title 54 / Chapter 18 / Section 54-18-101
Cooperative planning agreements authorized
Status: in_force

The department of transportation, with the cooperation of the department of economic and community development, and counties, cities and towns of the state, with the cooperation of their respective planning commissions, are authorized to enter into cooperative planning agreements that provide for a continuing and comprehensive transportation planning process. Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 130, § 1; impl. am. Acts 1972, ch. 542, § 15; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2101; Acts 1981, ch. 264, § 12.
The department of transportation, with the cooperation of the department of economic and community development, and counties, cities and towns of the state, with the cooperation of their respective planning commissions, are authorized to enter into cooperative planning agreements that provide for a continuing and comprehensive transportation planning process.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 130, § 1; impl. am. Acts 1972, ch. 542, § 15; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2101; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-5-106 — TN Code / Title 54 / Chapter 5 / Section 54-5-106
Judgments and expenses in condemnation cases paid out of county general funds
Status: in_force

All judgments rendered and other expenses necessarily incurred in condemnation proceedings shall be paid out of the general funds of the county in which the expenses are incurred and standing to the credit of the trustee, on the warrant or voucher of the county mayor drawn under the direction of the commissioner. Acts 1917, ch. 74, § 5; Shan., § 1720a29b19 (p. 6550); impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b50; Code 1932, § 3208; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 54-506; Acts 1981, ch. 264, § 12; 2003, ch. 90, § 2.
All judgments rendered and other expenses necessarily incurred in condemnation proceedings shall be paid out of the general funds of the county in which the expenses are incurred and standing to the credit of the trustee, on the warrant or voucher of the county mayor drawn under the direction of the commissioner.
Acts 1917, ch. 74, § 5; Shan., § 1720a29b19 (p. 6550); impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b50; Code 1932, § 3208; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 54-506; Acts 1981, ch. 264, § 12; 2003, ch. 90, § 2.
Tenn. Code Ann. § 54-21-106 — TN Code / Title 54 / Chapter 21 / Section 54-21-106
Disposition of fees
Status: in_force

All fees received by the commissioner under § 54-21-104 must be paid into the state treasury and placed in the highway fund for the administration of this chapter, and any fees received in excess of those administration costs shall be allocated to the department's general fund. Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Acts 1972, ch. 655, § 6; impl. am. Acts 1972, ch. 829, § 7; Acts 1973, ch. 69, § 1; T.C.A., § 54-2606; Acts 1980, ch. 470, §2; 2007 , ch. 427, § 8.
All fees received by the commissioner under § 54-21-104 must be paid into the state treasury and placed in the highway fund for the administration of this chapter, and any fees received in excess of those administration costs shall be allocated to the department's general fund.
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Acts 1972, ch. 655, § 6; impl. am. Acts 1972, ch. 829, § 7; Acts 1973, ch. 69, § 1; T.C.A., § 54-2606; Acts 1980, ch. 470, §2; 2007 , ch. 427, § 8.
Tenn. Code Ann. § 54-12-103 — TN Code / Title 54 / Chapter 12 / Section 54-12-103
Petition for road improvement district
Status: in_force

(a) Before any monthly county court establishes a road improvement district as defined in § 54-12-101 , a petition, signed by twenty-five percent (25%) of the landowners in the district who will be affected by or liable to be assessed for the expenses of the proposed improvement, shall be filed in the office of county clerk in which the improvement is to be made. (b) The petition shall describe the lands proposed to be included in the district by metes and bounds, or otherwise so as to convey intelligible description of the lands, and likewise the termini and general location of the road or roads shall be given in the petition. Likewise, the petition shall allege that the roads proposed are for the public benefit and utility. The petition shall have other allegations necessary to give the court a clear understanding of the necessity for the proposed road and the benefits it will be to the public. (c) An attorney may sign the names of the landowners to the petition as in other cases. Acts 1919, ch. 193, § 2; Shan. Supp., § 1682a12; Code 1932, § 2825; modified; T.C.A. (orig. ed.), § 54-1303; impl. am. Acts 1978, ch. 934, §§ 22, 36.
(a) Before any monthly county court establishes a road improvement district as defined in § 54-12-101 , a petition, signed by twenty-five percent (25%) of the landowners in the district who will be affected by or liable to be assessed for the expenses of the proposed improvement, shall be filed in the office of county clerk in which the improvement is to be made.
(b) The petition shall describe the lands proposed to be included in the district by metes and bounds, or otherwise so as to convey intelligible description of the lands, and likewise the termini and general location of the road or roads shall be given in the petition. Likewise, the petition shall allege that the roads proposed are for the public benefit and utility. The petition shall have other allegations necessary to give the court a clear understanding of the necessity for the proposed road and the benefits it will be to the public.
(c) An attorney may sign the names of the landowners to the petition as in other cases.
Acts 1919, ch. 193, § 2; Shan. Supp., § 1682a12; Code 1932, § 2825; modified; T.C.A. (orig. ed.), § 54-1303; impl. am. Acts 1978, ch. 934, §§ 22, 36.
Tenn. Code Ann. § 54-12-419 — TN Code / Title 54 / Chapter 12 / Section 54-12-419
Attorney's fee charged as part of judgment
Status: in_force

In the proceedings in chancery court, the attorneys or solicitors employed and attending to the suit shall be allowed as a fee ten percent (10%) of the amount found due as an assessment on each tract of land decreed to be sold, the fee to be charged up in the decree as part of the judgment for which the land is to be sold. Acts 1919, ch. 193, § 101; Shan. Supp., § 1682a115; Code 1932, § 2930; T.C.A. (orig. ed.), § 54-1619.
In the proceedings in chancery court, the attorneys or solicitors employed and attending to the suit shall be allowed as a fee ten percent (10%) of the amount found due as an assessment on each tract of land decreed to be sold, the fee to be charged up in the decree as part of the judgment for which the land is to be sold.
Acts 1919, ch. 193, § 101; Shan. Supp., § 1682a115; Code 1932, § 2930; T.C.A. (orig. ed.), § 54-1619.
Tenn. Code Ann. § 54-12-316 — TN Code / Title 54 / Chapter 12 / Section 54-12-316
Warrants drawn as ordinary warrants, but payable only out of improvement fund, and so stated upon their face
Status: in_force

The warrants shall be drawn upon the county trustee or treasurer as ordinary county warrants are drawn, but shall be payable only out of the fund provided for the road improvement district, and shall so state upon their face. Acts 1919, ch. 193, § 81; Shan. Supp., § 1682a95; Code 1932, § 2909; T.C.A. (orig. ed.), § 54-1516.
The warrants shall be drawn upon the county trustee or treasurer as ordinary county warrants are drawn, but shall be payable only out of the fund provided for the road improvement district, and shall so state upon their face.
Acts 1919, ch. 193, § 81; Shan. Supp., § 1682a95; Code 1932, § 2909; T.C.A. (orig. ed.), § 54-1516.
Tenn. Code Ann. § 54-6-111 — TN Code / Title 54 / Chapter 6 / Section 54-6-111
Contract for development, redevelopment, or operation of transportation facility
Status: in_force

In addition to any authority otherwise conferred by law, any public entity may contract with an eligible private entity for the development, redevelopment, or operation of a qualifying transportation facility in exchange for availability payments and other consideration as such public entity may deem appropriate. Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
In addition to any authority otherwise conferred by law, any public entity may contract with an eligible private entity for the development, redevelopment, or operation of a qualifying transportation facility in exchange for availability payments and other consideration as such public entity may deem appropriate.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-1-131 — TN Code / Title 54 / Chapter 1 / Section 54-1-131
Web page
Status: in_force

(a) The department of transportation shall develop and maintain a web page on the world wide web of the internet. The web page shall include: (1) Construction locations on all interstate highways maintained by the department; and (2) A map, updated weekly, of construction locations and areas of possible delay. (b) The department is authorized to include additional information on the web page as deemed necessary by the department to provide and promote safe and efficient use of the state system of highways and the state system of interstate highways. Acts 1999, ch. 318, § 1.
(a) The department of transportation shall develop and maintain a web page on the world wide web of the internet. The web page shall include: (1) Construction locations on all interstate highways maintained by the department; and (2) A map, updated weekly, of construction locations and areas of possible delay.
(1) Construction locations on all interstate highways maintained by the department; and
(2) A map, updated weekly, of construction locations and areas of possible delay.
(b) The department is authorized to include additional information on the web page as deemed necessary by the department to provide and promote safe and efficient use of the state system of highways and the state system of interstate highways.
Acts 1999, ch. 318, § 1.
Tenn. Code Ann. § 54-12-150 — TN Code / Title 54 / Chapter 12 / Section 54-12-150
Damages fixed shall be paid or secured - Manner of payment
Status: in_force

After the amount of damages due any claimant or claimants has been finally ascertained and fixed by the monthly county court, the court shall require the damages to be paid, in the first instance, by the parties benefited by the road improvement district, or be secured, to be paid upon terms and conditions the court deems just and proper. Acts 1919, ch. 193, § 40; Shan. Supp., § 1682a51; Code 1932, § 2865; modified; T.C.A. (orig. ed.), § 54-1350.
After the amount of damages due any claimant or claimants has been finally ascertained and fixed by the monthly county court, the court shall require the damages to be paid, in the first instance, by the parties benefited by the road improvement district, or be secured, to be paid upon terms and conditions the court deems just and proper.
Acts 1919, ch. 193, § 40; Shan. Supp., § 1682a51; Code 1932, § 2865; modified; T.C.A. (orig. ed.), § 54-1350.
Tenn. Code Ann. § 54-5-139 — TN Code / Title 54 / Chapter 5 / Section 54-5-139
Maintenance contracts with counties
Status: in_force

(a) The commissioner may enter into a contract with a qualified county to perform maintenance activities upon the rights-of-way of state highways located outside municipalities and metropolitan governments. (b) The department of transportation shall reimburse the county on an actual cost basis. Acts 1988, ch. 470, § 1.
(a) The commissioner may enter into a contract with a qualified county to perform maintenance activities upon the rights-of-way of state highways located outside municipalities and metropolitan governments.
(b) The department of transportation shall reimburse the county on an actual cost basis.
Acts 1988, ch. 470, § 1.
Tenn. Code Ann. § 54-9-127 — TN Code / Title 54 / Chapter 9 / Section 54-9-127
Maximum prices for certain work fixed by county legislative body - Prices of contract work left to commissioners
Status: in_force

(a) The price for moving dirt, per cubic yard, the price per yard for the laying of macadam, or the price for moving loose or solid rock from the roadbed shall not in any event exceed the maximum price fixed for the removal of those things by the county legislative body of any county authorizing bonds for that purpose. (b) The county legislative body has the right to define what is meant by "loose rock," and to define what is meant by "solid rock." (c) The county legislative body has the right to provide a maximum amount to be paid for an overhaul, both in the removal of dirt and in the laying of macadam on any road to be built within the county, or the price to be paid for moving dirt, the laying of macadam, clearing rights-of-way, amount to be paid for hands employed on force account, and the price to be paid to the engineers or assistant engineers, the amount per cubic yard of concrete where concrete culverts, concrete bridges, or the price per cubic yard on any kind of concrete work ordered to be placed or used on any road, and the price for any or all contract work may be left to the discretion of the commissioners elected to carry out the work for any county building roads under this chapter, but at all times the county legislative body shall reserve the right to fix a maximum price to be paid for any kind of work when in its judgment it is in the best interest of the county to do so. Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a29; Code 1932, § 2990; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-829.
(a) The price for moving dirt, per cubic yard, the price per yard for the laying of macadam, or the price for moving loose or solid rock from the roadbed shall not in any event exceed the maximum price fixed for the removal of those things by the county legislative body of any county authorizing bonds for that purpose.
(b) The county legislative body has the right to define what is meant by "loose rock," and to define what is meant by "solid rock."
(c) The county legislative body has the right to provide a maximum amount to be paid for an overhaul, both in the removal of dirt and in the laying of macadam on any road to be built within the county, or the price to be paid for moving dirt, the laying of macadam, clearing rights-of-way, amount to be paid for hands employed on force account, and the price to be paid to the engineers or assistant engineers, the amount per cubic yard of concrete where concrete culverts, concrete bridges, or the price per cubic yard on any kind of concrete work ordered to be placed or used on any road, and the price for any or all contract work may be left to the discretion of the commissioners elected to carry out the work for any county building roads under this chapter, but at all times the county legislative body shall reserve the right to fix a maximum price to be paid for any kind of work when in its judgment it is in the best interest of the county to do so.
Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a29; Code 1932, § 2990; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-829.
Tenn. Code Ann. § 54-4-507 — TN Code / Title 54 / Chapter 4 / Section 54-4-507
Maximum state share of project cost
Status: in_force

(a) The state share payable for a project undertaken pursuant to this part shall be no more than eighty percent (80%) of the approved project cost. (b) The local government share shall be at least twenty percent (20%) of the approved project cost. This share may be provided by local government funds and in-kind project work approved by the commissioner, or either of them, wholly or partly. (c) The percentage in subsections (a) and (b) shall also apply to any unexpended balance from appropriations prior to 2004 that are not subject to a written agreement between the local government and the department. In the event there exists a written agreement between the department and the local government, then the percentage contained in the agreement shall continue to apply. (d) If any county has an unexpended balance of funds that have accrued in the state treasury and that are available for the benefit of the county under this part, then the county may use the unexpended balance, in whole or in part, to provide a portion of the local government share required by subsection (b); provided, that the county shall provide at least two percent (2%) of the approved project costs from county funds or in-kind project work approved by the commissioner of transportation, or both. Amended by 2014 Tenn. Acts, ch. 573,s 2, eff. 3/28/2014. Amended by 2016 Tenn. Acts, ch. 981,s 1, eff. 4/27/2016. Acts 1990, ch. 717, § 8; 1994, ch. 572, § 1; 2004, ch. 512, §§ 2 - 4; 2014, ch. 573, § 2.
(a) The state share payable for a project undertaken pursuant to this part shall be no more than eighty percent (80%) of the approved project cost.
(b) The local government share shall be at least twenty percent (20%) of the approved project cost. This share may be provided by local government funds and in-kind project work approved by the commissioner, or either of them, wholly or partly.
(c) The percentage in subsections (a) and (b) shall also apply to any unexpended balance from appropriations prior to 2004 that are not subject to a written agreement between the local government and the department. In the event there exists a written agreement between the department and the local government, then the percentage contained in the agreement shall continue to apply.
(d) If any county has an unexpended balance of funds that have accrued in the state treasury and that are available for the benefit of the county under this part, then the county may use the unexpended balance, in whole or in part, to provide a portion of the local government share required by subsection (b); provided, that the county shall provide at least two percent (2%) of the approved project costs from county funds or in-kind project work approved by the commissioner of transportation, or both.
Amended by 2014 Tenn. Acts, ch. 573,s 2, eff. 3/28/2014.
Amended by 2016 Tenn. Acts, ch. 981,s 1, eff. 4/27/2016.
Acts 1990, ch. 717, § 8; 1994, ch. 572, § 1; 2004, ch. 512, §§ 2 - 4; 2014, ch. 573, § 2.
Tenn. Code Ann. § 54-12-203 — TN Code / Title 54 / Chapter 12 / Section 54-12-203
Commissioners shall equitably apportion and assess costs - Report in writing
Status: in_force

The commissioners shall make an equitable apportionment and assessment of the costs, expenses, cost of construction, fees, and damages assessed for the construction of any improvement, and make a report in writing to the monthly county court. Acts 1919, ch. 193, § 46; Shan. Supp., § 1682a57; Code 1932, § 2871; modified; T.C.A. (orig. ed.), § 54-1403.
The commissioners shall make an equitable apportionment and assessment of the costs, expenses, cost of construction, fees, and damages assessed for the construction of any improvement, and make a report in writing to the monthly county court.
Acts 1919, ch. 193, § 46; Shan. Supp., § 1682a57; Code 1932, § 2871; modified; T.C.A. (orig. ed.), § 54-1403.
Tenn. Code Ann. § 54-5-120 — TN Code / Title 54 / Chapter 5 / Section 54-5-120
Inspection, approval and acceptance of work to be specified
Status: in_force

The contract shall provide that the work executed under the contract shall be subject to the inspection, approval, and acceptance of the commissioner acting on oath and under bond. Acts 1917, ch. 74, § 6; Shan., § 1720a29b28 (p. 6551); Shan. Supp., § 1720a7b59; Code 1932, § 3219; T.C.A. (orig. ed.), § 54-520; Acts 1981, ch. 264, § 7.
The contract shall provide that the work executed under the contract shall be subject to the inspection, approval, and acceptance of the commissioner acting on oath and under bond.
Acts 1917, ch. 74, § 6; Shan., § 1720a29b28 (p. 6551); Shan. Supp., § 1720a7b59; Code 1932, § 3219; T.C.A. (orig. ed.), § 54-520; Acts 1981, ch. 264, § 7.
Tenn. Code Ann. § 54-16-102 — TN Code / Title 54 / Chapter 16 / Section 54-16-102
Authorization - State and local powers granted
Status: in_force

(a) The highway authorities of the state, counties, cities, and towns, acting alone or in cooperation with each other or with any federal, state, or local agency, or any other state having authority to participate in the construction and maintenance of highways, are authorized to plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide controlled-access facilities for public use wherever the authority or authorities are of the opinion that traffic conditions, present or future, justify the special facilities; provided, that within cities and towns the authority shall be subject to municipal consent as may be provided by law. (b) The highway authorities of the state, counties, cities, or towns, in addition to the specific powers granted in this chapter, also have and may exercise, relative to controlled-access facilities, any and all additional authority now or hereafter vested in them relative to highways or streets within their respective jurisdictions. (c) The authorities may regulate, restrict, or prohibit the use of the controlled-access facilities by the various classes of vehicles or traffic in a manner consistent with § 54-16-101 . Acts 1955, ch. 147, § 2; T.C.A., § 54-2002.
(a) The highway authorities of the state, counties, cities, and towns, acting alone or in cooperation with each other or with any federal, state, or local agency, or any other state having authority to participate in the construction and maintenance of highways, are authorized to plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide controlled-access facilities for public use wherever the authority or authorities are of the opinion that traffic conditions, present or future, justify the special facilities; provided, that within cities and towns the authority shall be subject to municipal consent as may be provided by law.
(b) The highway authorities of the state, counties, cities, or towns, in addition to the specific powers granted in this chapter, also have and may exercise, relative to controlled-access facilities, any and all additional authority now or hereafter vested in them relative to highways or streets within their respective jurisdictions.
(c) The authorities may regulate, restrict, or prohibit the use of the controlled-access facilities by the various classes of vehicles or traffic in a manner consistent with § 54-16-101 .
Acts 1955, ch. 147, § 2; T.C.A., § 54-2002.
Tenn. Code Ann. § 54-1-203 — TN Code / Title 54 / Chapter 1 / Section 54-1-203
Felonious acts of officers or employees enumerated
Status: in_force

It is also a Class E felony for any officer of the department, or for any person in the employ of the officer, to commit any fraudulent act whatever with respect to the expenditure of the funds mentioned in this chapter and chapters 2, 4, and 5 of this title, among the counties entitled to the funds, or otherwise, or in respect to the designation or laying out of any road, making plans and specifications for the road, advertising for bids, receiving bids, letting or making contracts, approving or accepting roads, bridges, etc., or otherwise in any manner whatsoever acting in bad faith in respect to any duty imposed upon any of the officials, engineers, or other employees, by this chapter and chapters 2, 4, and 5 of this title, or by doing any prohibited act, or failing willfully to discharge any duty required, whether any actual loss or damage results from the act or failure to act or not. Acts 1917, ch. 74, § 8; Shan., § 1720a29b35 (p. 6552); Shan. Supp., § 1720a7b66; Code 1932, § 3226; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-119; Acts 1981, ch. 264, § 12; 1989, ch. 591, § 52.
It is also a Class E felony for any officer of the department, or for any person in the employ of the officer, to commit any fraudulent act whatever with respect to the expenditure of the funds mentioned in this chapter and chapters 2, 4, and 5 of this title, among the counties entitled to the funds, or otherwise, or in respect to the designation or laying out of any road, making plans and specifications for the road, advertising for bids, receiving bids, letting or making contracts, approving or accepting roads, bridges, etc., or otherwise in any manner whatsoever acting in bad faith in respect to any duty imposed upon any of the officials, engineers, or other employees, by this chapter and chapters 2, 4, and 5 of this title, or by doing any prohibited act, or failing willfully to discharge any duty required, whether any actual loss or damage results from the act or failure to act or not.
Acts 1917, ch. 74, § 8; Shan., § 1720a29b35 (p. 6552); Shan. Supp., § 1720a7b66; Code 1932, § 3226; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-119; Acts 1981, ch. 264, § 12; 1989, ch. 591, § 52.
Tenn. Code Ann. § 54-12-112 — TN Code / Title 54 / Chapter 12 / Section 54-12-112
Lien for assessment - Enforcement
Status: in_force

(a) The assessment shall be a lien on the respective tracts of land upon which it is assessed. (b) This lien shall be enforced in the same manner as provided for the enforcement of liens in §§ 54-12-412 - 54-12-421. Acts 1919, ch. 193, § 7; Shan. Supp., § 1682a18; Code 1932, § 2832; T.C.A. (orig. ed.), § 54-1312.
(a) The assessment shall be a lien on the respective tracts of land upon which it is assessed.
(b) This lien shall be enforced in the same manner as provided for the enforcement of liens in §§ 54-12-412 - 54-12-421.
Acts 1919, ch. 193, § 7; Shan. Supp., § 1682a18; Code 1932, § 2832; T.C.A. (orig. ed.), § 54-1312.
Tenn. Code Ann. § 54-5-109 — TN Code / Title 54 / Chapter 5 / Section 54-5-109
Plans and specifications and contracts for building each road or bridge authorized
Status: in_force

The department has full power, in conformity with the rules and regulations made or to be made by any officer or agency of the federal government authorized to make rules under any act of congress granting funds for the construction of roads, or rules made or to be made by the department, to make all plans and specifications for the building of each particular road or bridge to be constructed under its direction, to make all contracts for the construction of the road or bridge, and to supervise and superintend the construction of the road or bridge. Acts 1917, ch. 74, § 6; Shan., § 1720a29b21 (p. 6550); Shan. Supp., § 1720a7b52; Code 1932, § 3210; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-509; Acts 1981, ch. 264, § 12.
The department has full power, in conformity with the rules and regulations made or to be made by any officer or agency of the federal government authorized to make rules under any act of congress granting funds for the construction of roads, or rules made or to be made by the department, to make all plans and specifications for the building of each particular road or bridge to be constructed under its direction, to make all contracts for the construction of the road or bridge, and to supervise and superintend the construction of the road or bridge.
Acts 1917, ch. 74, § 6; Shan., § 1720a29b21 (p. 6550); Shan. Supp., § 1720a7b52; Code 1932, § 3210; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-509; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-9-135 — TN Code / Title 54 / Chapter 9 / Section 54-9-135
Removal of engineers - Cause
Status: in_force

Any engineer employed under this chapter shall be subject to removal or discharge by the commissioners for the county, at any time when, in the judgment of a majority, it appears to the best interest of the county to remove the engineer, first giving the engineer thirty (30) days' notice of removal. Acts 1913 (1st E.S.), ch. 26, § 11; Shan., § 1695a37; Code 1932, § 2997a; T.C.A. (orig. ed.), § 54-837.
Any engineer employed under this chapter shall be subject to removal or discharge by the commissioners for the county, at any time when, in the judgment of a majority, it appears to the best interest of the county to remove the engineer, first giving the engineer thirty (30) days' notice of removal.
Acts 1913 (1st E.S.), ch. 26, § 11; Shan., § 1695a37; Code 1932, § 2997a; T.C.A. (orig. ed.), § 54-837.
Tenn. Code Ann. § 54-4-602 — TN Code / Title 54 / Chapter 4 / Section 54-4-602
Selection process
Status: in_force

The commissioner of transportation shall establish criteria for the selection of projects to be funded under the high priority bridge replacement program based on the numbers and structural condition of bridges identified through the National Bridge Inventory as compiled by the department of transportation and other relevant information the commissioner may consider appropriate. Added by 2017 Tenn. Acts, ch. 425,s 2, eff. 7/1/2017.
The commissioner of transportation shall establish criteria for the selection of projects to be funded under the high priority bridge replacement program based on the numbers and structural condition of bridges identified through the National Bridge Inventory as compiled by the department of transportation and other relevant information the commissioner may consider appropriate.
Added by 2017 Tenn. Acts, ch. 425,s 2, eff. 7/1/2017.
Tenn. Code Ann. § 54-5-209 — TN Code / Title 54 / Chapter 5 / Section 54-5-209
Acts of municipality that would cause loss of federal funds prohibited
Status: in_force

No municipality has the authority to enact any ordinance or do any other act that will cause the state to lose federal aid funds for such streets. Acts 1961, ch. 230, § 3; T.C.A., § 54-555.
No municipality has the authority to enact any ordinance or do any other act that will cause the state to lose federal aid funds for such streets.
Acts 1961, ch. 230, § 3; T.C.A., § 54-555.
Tenn. Code Ann. § 54-12-102 — TN Code / Title 54 / Chapter 12 / Section 54-12-102
Body exercising jurisdiction of former monthly county court
Status: in_force

In each county, the body that is authorized to perform the duties vested in the monthly county court in this chapter shall be the entity to which the duties of the former monthly county court in each county were transferred after 1978, and all references in this chapter to the monthly county court shall be deemed a reference to the successor entity, unless otherwise stated. Acts 1919, ch. 193, § 1; Shan. Supp., § 1682a11; Code 1932, § 2824; modified; T.C.A. (orig. ed.), § 54-1302.
In each county, the body that is authorized to perform the duties vested in the monthly county court in this chapter shall be the entity to which the duties of the former monthly county court in each county were transferred after 1978, and all references in this chapter to the monthly county court shall be deemed a reference to the successor entity, unless otherwise stated.
Acts 1919, ch. 193, § 1; Shan. Supp., § 1682a11; Code 1932, § 2824; modified; T.C.A. (orig. ed.), § 54-1302.
Tenn. Code Ann. § 54-12-137 — TN Code / Title 54 / Chapter 12 / Section 54-12-137
Viewers upon being sworn to view premises, fix damages and report
Status: in_force

The viewers appointed to assess damages, after being duly sworn to act impartially and faithfully to the best of their abilities, shall proceed to view the premises and determine and fix the amount of damages to which each claimant is entitled, and file reports in writing with the county clerk showing the amount of damages to which each claimant would be entitled, because of the establishment of proposed improvement. Acts 1919, ch. 193, § 27; Shan. Supp., § 1682a38; Code 1932, § 2852; modified; T.C.A. (orig. ed.), § 54-1337; impl. am. Acts 1978, ch. 934, §§ 22, 36.
The viewers appointed to assess damages, after being duly sworn to act impartially and faithfully to the best of their abilities, shall proceed to view the premises and determine and fix the amount of damages to which each claimant is entitled, and file reports in writing with the county clerk showing the amount of damages to which each claimant would be entitled, because of the establishment of proposed improvement.
Acts 1919, ch. 193, § 27; Shan. Supp., § 1682a38; Code 1932, § 2852; modified; T.C.A. (orig. ed.), § 54-1337; impl. am. Acts 1978, ch. 934, §§ 22, 36.
Tenn. Code Ann. § 54-12-110 — TN Code / Title 54 / Chapter 12 / Section 54-12-110
Appeal from decision
Status: in_force

(a) Any party aggrieved may appeal from the decision of the monthly county court in making the assessment, or refusing to make the assessment. (b) The appeal shall be made in the same manner and upon the same terms provided for appeals from the action of the monthly county court in creating or refusing to create a road improvement district as provided in §§ 54-12-141 - 54-12-149. Acts 1919, ch. 193, § 5; Shan. Supp., § 1682a161/2; Code 1932, § 2830; modified; T.C.A. (orig. ed.), § 54-1310.
(a) Any party aggrieved may appeal from the decision of the monthly county court in making the assessment, or refusing to make the assessment.
(b) The appeal shall be made in the same manner and upon the same terms provided for appeals from the action of the monthly county court in creating or refusing to create a road improvement district as provided in §§ 54-12-141 - 54-12-149.
Acts 1919, ch. 193, § 5; Shan. Supp., § 1682a161/2; Code 1932, § 2830; modified; T.C.A. (orig. ed.), § 54-1310.
Tenn. Code Ann. § 54-18-202 — TN Code / Title 54 / Chapter 18 / Section 54-18-202
Grant of power - Highway maps
Status: in_force

Counties and municipalities are authorized under the conditions and procedures in this part to develop, establish, and preserve plans for coordinated, efficient and economic highway systems through the adoption and amendment of official highway maps. Acts 1965, ch. 251, § 2; T.C.A., §§ 54-2202, 54-19-102.
Counties and municipalities are authorized under the conditions and procedures in this part to develop, establish, and preserve plans for coordinated, efficient and economic highway systems through the adoption and amendment of official highway maps.
Acts 1965, ch. 251, § 2; T.C.A., §§ 54-2202, 54-19-102.
Tenn. Code Ann. § 54-5-403 — TN Code / Title 54 / Chapter 5 / Section 54-5-403
Industrial highways authorized
Status: in_force

(a) To facilitate the development and expansion of industry and to provide access to industrial areas, the department is authorized to use any powers granted to it under current law and this part to develop and construct industrial highways when there is a finding made jointly by the department and the department of economic and community development that the industrial highways are an appropriate and cost-effective means to secure the development of an industrial site or park. (b) Municipalities are authorized to use any powers granted to them under current law and this part to participate in the construction and maintenance of the industrial highways. (c) Each municipality shall be responsible for the maintenance of any industrial highway within the area of its ownership or control. (d) Any industrial highway constructed under this part may be designated as a controlled-access highway under chapter 16 of this title. Amended by 2014 Tenn. Acts, ch. 546,s 3, eff. 3/17/2014. Acts 1959, ch. 264, § 3; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-548; Acts 1981, ch. 264, § 12.
(a) To facilitate the development and expansion of industry and to provide access to industrial areas, the department is authorized to use any powers granted to it under current law and this part to develop and construct industrial highways when there is a finding made jointly by the department and the department of economic and community development that the industrial highways are an appropriate and cost-effective means to secure the development of an industrial site or park.
(b) Municipalities are authorized to use any powers granted to them under current law and this part to participate in the construction and maintenance of the industrial highways.
(c) Each municipality shall be responsible for the maintenance of any industrial highway within the area of its ownership or control.
(d) Any industrial highway constructed under this part may be designated as a controlled-access highway under chapter 16 of this title.
Amended by 2014 Tenn. Acts, ch. 546,s 3, eff. 3/17/2014.
Acts 1959, ch. 264, § 3; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-548; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-5-114 — TN Code / Title 54 / Chapter 5 / Section 54-5-114
Notice for bids - Advertising - Preparing and filing bids - Waiver
Status: in_force

(a) The department, before making contracts on its own behalf, or when acting as an agent, shall advertise for bids at least two (2) weeks prior to the date set for receiving bids by publishing a written notice on the department's internet website. The department may advertise for bids by publishing notice in a newspaper located in the county where the money is to be expended, in one (1) of the widely circulated daily newspapers in the grand division of the state where the work is to be done, or in other internet or print media as the department may deem appropriate or necessary. Funding allocated by the department for purchasing advertising in a county having a population greater than two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census, and in counties located in rural west Tennessee, may be expended to purchase advertisements in one (1) or more newspapers published primarily for distribution within the county's African-American community. (b) The notice shall describe the work to be performed and shall enable the bidders to prepare their bids. All bids must be sealed and filed with the commissioner or the authorized agent of the department at the place designated in the notice on or before the time fixed in the notice. (c) The requirements of this section may be modified by the department in order to conform to any federal requirements that may accompany federal funds. (d) The requirements of this section may be waived as provided in § 54-1-135 . Amended by 2013 Tenn. Acts, ch. 244, s 1, eff. 4/19/2013. Acts 1917, ch. 74, § 6; Shan., § 1720a29b24 (p. 6550); Shan. Supp., § 1720a7b55; Code 1932, § 3213; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; Acts 1973, ch. 42, § 1; T.C.A. (orig. ed.), § 54-514; impl. am. Acts 1981, ch. 264, § 12; Acts 1981, ch. 332, § 30; 1984, ch. 923, § 1; 1993, ch. 521, § 3.
(a) The department, before making contracts on its own behalf, or when acting as an agent, shall advertise for bids at least two (2) weeks prior to the date set for receiving bids by publishing a written notice on the department's internet website. The department may advertise for bids by publishing notice in a newspaper located in the county where the money is to be expended, in one (1) of the widely circulated daily newspapers in the grand division of the state where the work is to be done, or in other internet or print media as the department may deem appropriate or necessary. Funding allocated by the department for purchasing advertising in a county having a population greater than two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census, and in counties located in rural west Tennessee, may be expended to purchase advertisements in one (1) or more newspapers published primarily for distribution within the county's African-American community.
(b) The notice shall describe the work to be performed and shall enable the bidders to prepare their bids. All bids must be sealed and filed with the commissioner or the authorized agent of the department at the place designated in the notice on or before the time fixed in the notice.
(c) The requirements of this section may be modified by the department in order to conform to any federal requirements that may accompany federal funds.
(d) The requirements of this section may be waived as provided in § 54-1-135 .
Amended by 2013 Tenn. Acts, ch. 244, s 1, eff. 4/19/2013.
Acts 1917, ch. 74, § 6; Shan., § 1720a29b24 (p. 6550); Shan. Supp., § 1720a7b55; Code 1932, § 3213; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; Acts 1973, ch. 42, § 1; T.C.A. (orig. ed.), § 54-514; impl. am. Acts 1981, ch. 264, § 12; Acts 1981, ch. 332, § 30; 1984, ch. 923, § 1; 1993, ch. 521, § 3.
Tenn. Code Ann. § 54-11-301 — TN Code / Title 54 / Chapter 11 / Section 54-11-301
Free ferries over streams running through or bounding counties - Establishing
Status: in_force

A county is empowered, through its county legislative body, to establish free public ferries over any stream running through or bounding the county, at a point or points as may be determined, and to purchase and provide all necessary equipment, boats, etc., and employ labor required to operate the ferries. Acts 1911, ch. 13, § 1; Shan., § 1720a3; Code 1932, § 3042; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1201.
A county is empowered, through its county legislative body, to establish free public ferries over any stream running through or bounding the county, at a point or points as may be determined, and to purchase and provide all necessary equipment, boats, etc., and employ labor required to operate the ferries.
Acts 1911, ch. 13, § 1; Shan., § 1720a3; Code 1932, § 3042; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1201.
Tenn. Code Ann. § 54-12-317 — TN Code / Title 54 / Chapter 12 / Section 54-12-317
Contractor's failure to perform on contract forfeits cash deposit or gives recovery on bond
Status: in_force

If any person to whom the work, or any portion of the work, in the improvement district has been let fails to perform the work according to the terms specified in the contract, then the cash deposit shall be forfeited for the benefit of the district and be paid into its fund; or if bond has been given by the contracting party so failing, then recovery of the damages sustained may be had by suit in the name of the payee in the bond for the use of the district, and the damage or judgment collected and paid into the fund of the district. Acts 1919, ch. 193, § 114; Shan. Supp., § 1682a128; Code 1932, § 2943; T.C.A. (orig. ed.), § 54-1517.
If any person to whom the work, or any portion of the work, in the improvement district has been let fails to perform the work according to the terms specified in the contract, then the cash deposit shall be forfeited for the benefit of the district and be paid into its fund; or if bond has been given by the contracting party so failing, then recovery of the damages sustained may be had by suit in the name of the payee in the bond for the use of the district, and the damage or judgment collected and paid into the fund of the district.
Acts 1919, ch. 193, § 114; Shan. Supp., § 1682a128; Code 1932, § 2943; T.C.A. (orig. ed.), § 54-1517.
Tenn. Code Ann. § 54-5-207 — TN Code / Title 54 / Chapter 5 / Section 54-5-207
Authority of commissioner upon failure of municipality to enter into or abide by agreement concerning acquisition and use of lands for streets
Status: in_force

In the event any municipality fails or refuses to enter into an agreement within thirty (30) days after the agreement has been submitted by the commissioner to the governing body of the municipal corporation, or fails or refuses to abide by or perform an agreement concerning the acquisition and use of lands for streets needed for the interstate and national defense highway system, and the commissioner decides that the highway and street program is being delayed, impaired, obstructed, or impeded in any manner, the commissioner is authorized and empowered to: (1) Lay out, locate and construct streets, controlled streets and access or connecting streets within the municipality to become a part of the interstate and national defense system of highways by designation of the commissioner; (2) Designate lands already dedicated to the use of the traveling public as a part of the interstate and national defense highway system; and (3) (A) Acquire interests in lands occupied by publicly and privately owned utilities; (B) Require the adjustment or relocation of the utility facilities; (C) Enter into contracts relating to the utilities; and (D) Maintain actions or suits in the courts when necessary so as to lay out, locate or construct streets designated as portions of the interstate and national defense system of highways. Amended by 2013 Tenn. Acts, ch. 308,s 8, eff. 7/1/2013. Impl. am. Acts 1959, ch. 9, § 3; Acts 1961, ch. 230, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-553; Acts 1981, ch. 264, § 12.
In the event any municipality fails or refuses to enter into an agreement within thirty (30) days after the agreement has been submitted by the commissioner to the governing body of the municipal corporation, or fails or refuses to abide by or perform an agreement concerning the acquisition and use of lands for streets needed for the interstate and national defense highway system, and the commissioner decides that the highway and street program is being delayed, impaired, obstructed, or impeded in any manner, the commissioner is authorized and empowered to:
(1) Lay out, locate and construct streets, controlled streets and access or connecting streets within the municipality to become a part of the interstate and national defense system of highways by designation of the commissioner;
(2) Designate lands already dedicated to the use of the traveling public as a part of the interstate and national defense highway system; and
(3) (A) Acquire interests in lands occupied by publicly and privately owned utilities; (B) Require the adjustment or relocation of the utility facilities; (C) Enter into contracts relating to the utilities; and (D) Maintain actions or suits in the courts when necessary so as to lay out, locate or construct streets designated as portions of the interstate and national defense system of highways.
(A) Acquire interests in lands occupied by publicly and privately owned utilities;
(B) Require the adjustment or relocation of the utility facilities;
(C) Enter into contracts relating to the utilities; and
(D) Maintain actions or suits in the courts when necessary so as to lay out, locate or construct streets designated as portions of the interstate and national defense system of highways.
Amended by 2013 Tenn. Acts, ch. 308,s 8, eff. 7/1/2013.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1961, ch. 230, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-553; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-1-301 — TN Code / Title 54 / Chapter 1 / Section 54-1-301
Short title
Status: in_force

This part shall be known and may be cited as the "Transportation Reporting Act of 2001." Acts 2001, ch. 298, § 2.
This part shall be known and may be cited as the "Transportation Reporting Act of 2001."
Acts 2001, ch. 298, § 2.
Tenn. Code Ann. § 54-22-105 — TN Code / Title 54 / Chapter 22 / Section 54-22-105
Actions at law in inverse eminent domain
Status: in_force

Any person claiming title to land presumed to be owned by the state shall have the right to file an action at law in inverse eminent domain within two (2) years from the date actual possession is taken, saving, however, to unknown owners and nonresidents, twelve (12) months after actual knowledge of possession, not exceeding two (2) years, and saving to persons under the disabilities of infancy and unsoundness of mind, twelve (12) months after the disability is removed, but not exceeding two (2) years, except those claims required to be asserted as a compulsory counterclaim. Acts 1985, ch. 265, § 7.
Any person claiming title to land presumed to be owned by the state shall have the right to file an action at law in inverse eminent domain within two (2) years from the date actual possession is taken, saving, however, to unknown owners and nonresidents, twelve (12) months after actual knowledge of possession, not exceeding two (2) years, and saving to persons under the disabilities of infancy and unsoundness of mind, twelve (12) months after the disability is removed, but not exceeding two (2) years, except those claims required to be asserted as a compulsory counterclaim.
Acts 1985, ch. 265, § 7.
Tenn. Code Ann. § 54-5-707 — TN Code / Title 54 / Chapter 5 / Section 54-5-707
Advice of departments of education, and environment and conservation, and historical commission
Status: in_force

The departments of education, and environment and conservation, and the Tennessee historical commission are directed to cooperate with and to assist the department of transportation by advising the department concerning those historic sites that are or shall become eligible for interstate directional signs. Acts 1974, ch. 560, § 4; T.C.A., § 54-583.
The departments of education, and environment and conservation, and the Tennessee historical commission are directed to cooperate with and to assist the department of transportation by advising the department concerning those historic sites that are or shall become eligible for interstate directional signs.
Acts 1974, ch. 560, § 4; T.C.A., § 54-583.
Tenn. Code Ann. § 54-6-117 — TN Code / Title 54 / Chapter 6 / Section 54-6-117
Crossing or relocation of facilities
Status: in_force

The eligible private entity and each public utility or other entity whose facilities are to be crossed or affected shall cooperate fully with the other in planning and arranging the manner of the crossing or relocation of the facilities. Any such entity possessing the power of condemnation is expressly granted such powers in connection with the moving or relocation of facilities to be crossed by the qualifying transportation facility or that must be relocated to the extent that such moving or relocation is made necessary or desirable by development, redevelopment, or operation of the qualifying transportation facility, which shall be construed to include development, redevelopment, or operation of temporary facilities for the purpose of providing service during the period of development, redevelopment, or operation. Should the eligible private entity and any such public utility or other entity not be able to agree upon a plan for the crossing or relocation, the responsible public entity may determine the manner in which the crossing or relocation is to be accomplished and any damages due arising out of the crossing or relocation. The responsible public entity may employ expert engineers who shall examine the location and plans for such crossing or relocation, hear any objections and consider modifications, and make a recommendation to the responsible public entity. In such a case, the cost of the experts is to be borne by the eligible private entity. Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
The eligible private entity and each public utility or other entity whose facilities are to be crossed or affected shall cooperate fully with the other in planning and arranging the manner of the crossing or relocation of the facilities. Any such entity possessing the power of condemnation is expressly granted such powers in connection with the moving or relocation of facilities to be crossed by the qualifying transportation facility or that must be relocated to the extent that such moving or relocation is made necessary or desirable by development, redevelopment, or operation of the qualifying transportation facility, which shall be construed to include development, redevelopment, or operation of temporary facilities for the purpose of providing service during the period of development, redevelopment, or operation. Should the eligible private entity and any such public utility or other entity not be able to agree upon a plan for the crossing or relocation, the responsible public entity may determine the manner in which the crossing or relocation is to be accomplished and any damages due arising out of the crossing or relocation. The responsible public entity may employ expert engineers who shall examine the location and plans for such crossing or relocation, hear any objections and consider modifications, and make a recommendation to the responsible public entity. In such a case, the cost of the experts is to be borne by the eligible private entity.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-12-115 — TN Code / Title 54 / Chapter 12 / Section 54-12-115
Preliminary expenses may be paid by order of county legislative body - Refund out of assessments or bonds of petitioners
Status: in_force

(a) The preliminary expense of the road improvement district provided for by this part, not including contracts for construction, may be paid by order of the county legislative body in which the lands lie, out of the general county fund. (b) The preliminary expense, if so paid, shall be refunded to the county out of assessments collected from the lands of the improvement district, when so collected, and if not so repaid for any reason, then to be adjudged against and collected out of the bond of the petitioners required by this part, and thus repaid to the county. Acts 1919, ch. 193, § 115; Shan. Supp., § 1682a129; Code 1932, § 2944; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1315.
(a) The preliminary expense of the road improvement district provided for by this part, not including contracts for construction, may be paid by order of the county legislative body in which the lands lie, out of the general county fund.
(b) The preliminary expense, if so paid, shall be refunded to the county out of assessments collected from the lands of the improvement district, when so collected, and if not so repaid for any reason, then to be adjudged against and collected out of the bond of the petitioners required by this part, and thus repaid to the county.
Acts 1919, ch. 193, § 115; Shan. Supp., § 1682a129; Code 1932, § 2944; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1315.
Tenn. Code Ann. § 54-5-121 — TN Code / Title 54 / Chapter 5 / Section 54-5-121
Signs for Doe Mountain recreation area
Status: in_force

The department is authorized to install and erect appropriate signs, other than tourist-oriented directional signs, along a state highway for the Doe Mountain recreation area. Such signs must be authorized by the Manual on Uniform Traffic Control Devices. Added by 2021 Tenn. Acts, ch. 431,s 1, eff. 5/13/2021.
The department is authorized to install and erect appropriate signs, other than tourist-oriented directional signs, along a state highway for the Doe Mountain recreation area. Such signs must be authorized by the Manual on Uniform Traffic Control Devices.
Added by 2021 Tenn. Acts, ch. 431,s 1, eff. 5/13/2021.
Tenn. Code Ann. § 54-5-105 — TN Code / Title 54 / Chapter 5 / Section 54-5-105
Attorneys general to represent department
Status: in_force

The attorney general and reporter and the district attorney general in each case shall act as attorneys for the department without additional compensation. Acts 1917, ch. 74, § 5; Shan., § 1720a29b18 (p. 6550); Shan. Supp., § 1720a7b49; Code 1932, § 3207; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; modified; T.C.A. (orig. ed.), § 54-505; Acts 1981, ch. 264, § 12.
The attorney general and reporter and the district attorney general in each case shall act as attorneys for the department without additional compensation.
Acts 1917, ch. 74, § 5; Shan., § 1720a29b18 (p. 6550); Shan. Supp., § 1720a7b49; Code 1932, § 3207; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; modified; T.C.A. (orig. ed.), § 54-505; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-5-804 — TN Code / Title 54 / Chapter 5 / Section 54-5-804
State to pay certain relocation costs - Exceptions - Reimbursement payments
Status: in_force

(a) The commissioner is authorized to reimburse a utility for the cost of relocation, and to include the cost as a highway construction project cost, where the cost of relocation arises from the relocation of a utility facility located on a public highway right-of-way and the highway construction project is undertaken by the department, subject to the following conditions: (1) The utility shall fully comply with § 54-5-854(b) , including the preparation and submission to the department of the utility's relocation plan, cost estimate and schedule of calendar days for completing the relocation, within the time period specified or within an additional time that may be allowed under § 54-5-854(b) ; and (2) The utility shall either: (A) Enter into a written agreement with the commissioner to include the relocation as a part of the department's highway construction contract; provided, however, that the agreement may provide that the utility shall perform certain relocation work with its own union employees as required under a negotiated organized labor contract; but, in that case, the utility shall be required to reimburse the department for all relocation costs if it fails to timely perform its relocation work as provided in the agreement with the commissioner; or (B) Enter into a written agreement with the commissioner to remove all utility facilities that conflict with the highway construction, as determined by the department, prior to the letting of the department's construction contract, and otherwise perform and complete the utility relocation in accordance with approved relocation plans and schedule of calendar days; provided, however, that the agreement may provide that, in the event that the department does not undertake the highway construction project within a specified time, the utility shall be reimbursed for the relocation work it has timely performed in accordance with the approved plans and schedule. (b) Notwithstanding any other law to the contrary, the utility shall be responsible, at its own expense, to inspect all phases of the utility relocation to ensure that the removal, installation, or removal and installation of the utility facility is done in accordance with all applicable specifications and safety codes. (c) The cost of relocation for which a utility may be reimbursed under subsection (a) shall nevertheless be borne in full by the utility without reimbursement by the department where, if required by law, the utility does not have a valid permit to locate on the public highway right-of-way from the department or from the county or municipality having jurisdiction over the right-of-way. (d) The department shall make no reimbursement payment to a utility as authorized under subsection (a), unless and until the commissioner is satisfied that the relocation has been performed in accordance with the relocation plans and schedule of calendar days approved by the department. (e) To ensure that the department never pays any cost of relocation for which it cannot receive proportionate reimbursement under any federal aid highway act, if the United States department of transportation finally determines that the cost of relocation is not reimbursable to the department from federal funds, or that the cost of relocation is less than the amount reimbursed to the utility by the department, the utility so reimbursed shall repay to the department the difference between the amount reimbursed to the utility and the cost of relocation finally determined by the department. Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 4; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-565; Acts 1984, ch. 817, § 1; 1999, ch. 450, § 5; 2003, ch. 86, § 2.
(a) The commissioner is authorized to reimburse a utility for the cost of relocation, and to include the cost as a highway construction project cost, where the cost of relocation arises from the relocation of a utility facility located on a public highway right-of-way and the highway construction project is undertaken by the department, subject to the following conditions: (1) The utility shall fully comply with § 54-5-854(b) , including the preparation and submission to the department of the utility's relocation plan, cost estimate and schedule of calendar days for completing the relocation, within the time period specified or within an additional time that may be allowed under § 54-5-854(b) ; and (2) The utility shall either: (A) Enter into a written agreement with the commissioner to include the relocation as a part of the department's highway construction contract; provided, however, that the agreement may provide that the utility shall perform certain relocation work with its own union employees as required under a negotiated organized labor contract; but, in that case, the utility shall be required to reimburse the department for all relocation costs if it fails to timely perform its relocation work as provided in the agreement with the commissioner; or (B) Enter into a written agreement with the commissioner to remove all utility facilities that conflict with the highway construction, as determined by the department, prior to the letting of the department's construction contract, and otherwise perform and complete the utility relocation in accordance with approved relocation plans and schedule of calendar days; provided, however, that the agreement may provide that, in the event that the department does not undertake the highway construction project within a specified time, the utility shall be reimbursed for the relocation work it has timely performed in accordance with the approved plans and schedule.
(1) The utility shall fully comply with § 54-5-854(b) , including the preparation and submission to the department of the utility's relocation plan, cost estimate and schedule of calendar days for completing the relocation, within the time period specified or within an additional time that may be allowed under § 54-5-854(b) ; and
(2) The utility shall either: (A) Enter into a written agreement with the commissioner to include the relocation as a part of the department's highway construction contract; provided, however, that the agreement may provide that the utility shall perform certain relocation work with its own union employees as required under a negotiated organized labor contract; but, in that case, the utility shall be required to reimburse the department for all relocation costs if it fails to timely perform its relocation work as provided in the agreement with the commissioner; or (B) Enter into a written agreement with the commissioner to remove all utility facilities that conflict with the highway construction, as determined by the department, prior to the letting of the department's construction contract, and otherwise perform and complete the utility relocation in accordance with approved relocation plans and schedule of calendar days; provided, however, that the agreement may provide that, in the event that the department does not undertake the highway construction project within a specified time, the utility shall be reimbursed for the relocation work it has timely performed in accordance with the approved plans and schedule.
(A) Enter into a written agreement with the commissioner to include the relocation as a part of the department's highway construction contract; provided, however, that the agreement may provide that the utility shall perform certain relocation work with its own union employees as required under a negotiated organized labor contract; but, in that case, the utility shall be required to reimburse the department for all relocation costs if it fails to timely perform its relocation work as provided in the agreement with the commissioner; or
(B) Enter into a written agreement with the commissioner to remove all utility facilities that conflict with the highway construction, as determined by the department, prior to the letting of the department's construction contract, and otherwise perform and complete the utility relocation in accordance with approved relocation plans and schedule of calendar days; provided, however, that the agreement may provide that, in the event that the department does not undertake the highway construction project within a specified time, the utility shall be reimbursed for the relocation work it has timely performed in accordance with the approved plans and schedule.
(b) Notwithstanding any other law to the contrary, the utility shall be responsible, at its own expense, to inspect all phases of the utility relocation to ensure that the removal, installation, or removal and installation of the utility facility is done in accordance with all applicable specifications and safety codes.
(c) The cost of relocation for which a utility may be reimbursed under subsection (a) shall nevertheless be borne in full by the utility without reimbursement by the department where, if required by law, the utility does not have a valid permit to locate on the public highway right-of-way from the department or from the county or municipality having jurisdiction over the right-of-way.
(d) The department shall make no reimbursement payment to a utility as authorized under subsection (a), unless and until the commissioner is satisfied that the relocation has been performed in accordance with the relocation plans and schedule of calendar days approved by the department.
(e) To ensure that the department never pays any cost of relocation for which it cannot receive proportionate reimbursement under any federal aid highway act, if the United States department of transportation finally determines that the cost of relocation is not reimbursable to the department from federal funds, or that the cost of relocation is less than the amount reimbursed to the utility by the department, the utility so reimbursed shall repay to the department the difference between the amount reimbursed to the utility and the cost of relocation finally determined by the department.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 4; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-565; Acts 1984, ch. 817, § 1; 1999, ch. 450, § 5; 2003, ch. 86, § 2.
Tenn. Code Ann. § 54-5-125 — TN Code / Title 54 / Chapter 5 / Section 54-5-125
Dismissal of suit as to commissioner - Oath of claimant - More than one claimant
Status: in_force

(a) The petition shall be signed by the commissioner, or by the attorney for the department for the commissioner; and upon the filing of the petition accompanied by payment, the suit shall be dismissed as to the commissioner as a matter of right, the sum paid into court as to the plaintiff or claimant standing in lieu and as a satisfaction of the contractor's bond and a fulfillment of the duties of the department to the claimant or plaintiff. (b) No claimant shall file a claim with the department without verifying the claim by oath. (c) Where more than one (1) claimant files suit in the same court, the commissioner may embrace in one (1) petition the names of the claimants, the aggregate amounts of their claims, etc., accompanying the petition with photostats, and making payment by one (1) voucher to cover the whole. Acts 1929, ch. 80, § 1; mod. Code 1932, § 3222; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-525; Acts 1981, ch. 264, § 12.
(a) The petition shall be signed by the commissioner, or by the attorney for the department for the commissioner; and upon the filing of the petition accompanied by payment, the suit shall be dismissed as to the commissioner as a matter of right, the sum paid into court as to the plaintiff or claimant standing in lieu and as a satisfaction of the contractor's bond and a fulfillment of the duties of the department to the claimant or plaintiff.
(b) No claimant shall file a claim with the department without verifying the claim by oath.
(c) Where more than one (1) claimant files suit in the same court, the commissioner may embrace in one (1) petition the names of the claimants, the aggregate amounts of their claims, etc., accompanying the petition with photostats, and making payment by one (1) voucher to cover the whole.
Acts 1929, ch. 80, § 1; mod. Code 1932, § 3222; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-525; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-6-101 — TN Code / Title 54 / Chapter 6 / Section 54-6-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Public-Private Transportation Act of 2016". Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
This chapter shall be known and may be cited as the "Public-Private Transportation Act of 2016".
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-6-103 — TN Code / Title 54 / Chapter 6 / Section 54-6-103
Public need for transportation facilities - Investment and transportation financing - Liberal construction
Status: in_force

(a) The general assembly finds that: (1) There is a public need for timely development, redevelopment, and operation of transportation facilities within this state; (2) Such public need may not be wholly satisfied by existing ways in which transportation facilities are developed, redeveloped, or operated; and (3) Authorizing private entities to develop, redevelop, and operate one (1) or more transportation facilities may result in the development, redevelopment, and operation of transportation facilities in a more timely or less costly fashion, which serves the public safety and welfare. (b) An action, other than the approval of the responsible public entity under § 54-6-105 , shall serve the public purpose of this chapter if the action facilitates the timely development, redevelopment, or operation of a qualifying transportation facility or the continued development, redevelopment, or operation of a qualifying transportation facility. (c) Investment in this state by private entities that facilitates the development, redevelopment, and operation of transportation facilities is encouraged. Transportation financing shall be expanded and accelerated to improve and add to the convenience of the public, in such a manner that public and private entities shall have the greatest possible flexibility in contracting with each other for the provision of the public services that are the subject of this chapter. (d) This chapter shall be liberally construed in conformity with the purposes of this chapter. Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
(a) The general assembly finds that: (1) There is a public need for timely development, redevelopment, and operation of transportation facilities within this state; (2) Such public need may not be wholly satisfied by existing ways in which transportation facilities are developed, redeveloped, or operated; and (3) Authorizing private entities to develop, redevelop, and operate one (1) or more transportation facilities may result in the development, redevelopment, and operation of transportation facilities in a more timely or less costly fashion, which serves the public safety and welfare.
(1) There is a public need for timely development, redevelopment, and operation of transportation facilities within this state;
(2) Such public need may not be wholly satisfied by existing ways in which transportation facilities are developed, redeveloped, or operated; and
(3) Authorizing private entities to develop, redevelop, and operate one (1) or more transportation facilities may result in the development, redevelopment, and operation of transportation facilities in a more timely or less costly fashion, which serves the public safety and welfare.
(b) An action, other than the approval of the responsible public entity under § 54-6-105 , shall serve the public purpose of this chapter if the action facilitates the timely development, redevelopment, or operation of a qualifying transportation facility or the continued development, redevelopment, or operation of a qualifying transportation facility.
(c) Investment in this state by private entities that facilitates the development, redevelopment, and operation of transportation facilities is encouraged. Transportation financing shall be expanded and accelerated to improve and add to the convenience of the public, in such a manner that public and private entities shall have the greatest possible flexibility in contracting with each other for the provision of the public services that are the subject of this chapter.
(d) This chapter shall be liberally construed in conformity with the purposes of this chapter.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-9-139 — TN Code / Title 54 / Chapter 9 / Section 54-9-139
Bonds issued for specified road and bridge purposes - Determination of kind of improvement - Form of bonds
Status: in_force

(a) Under this chapter, any county in the state is authorized to issue bonds pursuant to title 9, chapter 21, for the purposes of grading roads, grading and macadamizing roads, grading and concreting roads, building complete concrete roads, building macadam roads with an asphalt surface, building bridges on roads, draining roads, or maintaining or reconstructing roads already constructed, or for any kind of standard road improvement or construction. (b) The kind of improvement shall at all times be subject to the determination of the county legislative body and shall be approved by the department of transportation. (c) All plans and specifications for the improvement of the roads or bridges shall be approved by the department. Acts 1913 (1st E.S.), ch. 26, § 15; Shan., § 1695a42; Acts 1919, ch. 175, § 7; Code 1932, § 3002; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-842; Acts 1988, ch. 750, § 54; 1981, ch. 264, § 12.
(a) Under this chapter, any county in the state is authorized to issue bonds pursuant to title 9, chapter 21, for the purposes of grading roads, grading and macadamizing roads, grading and concreting roads, building complete concrete roads, building macadam roads with an asphalt surface, building bridges on roads, draining roads, or maintaining or reconstructing roads already constructed, or for any kind of standard road improvement or construction.
(b) The kind of improvement shall at all times be subject to the determination of the county legislative body and shall be approved by the department of transportation.
(c) All plans and specifications for the improvement of the roads or bridges shall be approved by the department.
Acts 1913 (1st E.S.), ch. 26, § 15; Shan., § 1695a42; Acts 1919, ch. 175, § 7; Code 1932, § 3002; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-842; Acts 1988, ch. 750, § 54; 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-7-101 — TN Code / Title 54 / Chapter 7 / Section 54-7-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee County Uniform Highway Law." Acts 1974, ch. 738, § 1; modified; T.C.A., § 54-1001.
This chapter shall be known and may be cited as the "Tennessee County Uniform Highway Law."
Acts 1974, ch. 738, § 1; modified; T.C.A., § 54-1001.
Tenn. Code Ann. § 54-12-159 — TN Code / Title 54 / Chapter 12 / Section 54-12-159
Compensation to be fixed by monthly county court where no provision made
Status: in_force

If any services are required of any person under this chapter, and the rate of pay is not provided within this chapter, then the monthly county court shall fix the amount, or rate of pay in those cases. Acts 1919, ch. 193, § 112; Shan. Supp., § 1682a126; Code 1932, § 2941; modified; T.C.A. (orig. ed.), § 54-1359.
If any services are required of any person under this chapter, and the rate of pay is not provided within this chapter, then the monthly county court shall fix the amount, or rate of pay in those cases.
Acts 1919, ch. 193, § 112; Shan. Supp., § 1682a126; Code 1932, § 2941; modified; T.C.A. (orig. ed.), § 54-1359.
Tenn. Code Ann. § 54-17-116 — TN Code / Title 54 / Chapter 17 / Section 54-17-116
Effect of designation - Existing building permits - Construction of part
Status: in_force

(a) Designation of a road or highway as a scenic highway under this part shall be presumed to arise from the public necessity and to protect the public good. (b) Section 54-17-115 shall become effective immediately upon designation of a road or highway as a scenic highway, the issuance of any building permit to the contrary notwithstanding, unless construction under the permit is so substantial as to render compliance with this part unfeasible. (c) The designation of scenic highways by the general assembly shall not give rise to actions for damages in any court of this state. This part shall be liberally construed to effect its remedial purposes. Acts 1973, ch. 9, § 5; modified; T.C.A., § 54-2516.
(a) Designation of a road or highway as a scenic highway under this part shall be presumed to arise from the public necessity and to protect the public good.
(b) Section 54-17-115 shall become effective immediately upon designation of a road or highway as a scenic highway, the issuance of any building permit to the contrary notwithstanding, unless construction under the permit is so substantial as to render compliance with this part unfeasible.
(c) The designation of scenic highways by the general assembly shall not give rise to actions for damages in any court of this state. This part shall be liberally construed to effect its remedial purposes.
Acts 1973, ch. 9, § 5; modified; T.C.A., § 54-2516.
Tenn. Code Ann. § 54-5-211 — TN Code / Title 54 / Chapter 5 / Section 54-5-211
Designation of bicycle routes
Status: in_force

The responsible authority in each municipality may designate and appropriately mark on appropriate municipal streets, or portions of municipal streets, routes for the use of bicycles. Acts 1994, ch. 909, § 2.
The responsible authority in each municipality may designate and appropriately mark on appropriate municipal streets, or portions of municipal streets, routes for the use of bicycles.
Acts 1994, ch. 909, § 2.
Tenn. Code Ann. § 54-10-206 — TN Code / Title 54 / Chapter 10 / Section 54-10-206
Appeals from action of jury of view
Status: in_force

(a) Any person aggrieved by the action of the jury of view may appeal to the court of general sessions, and from there to the circuit and appellate courts. (b) In case of an appeal, the jury of view shall forward all the papers in the case, with its action on the case, to the court of general sessions to which appeal was made. Acts 1891, ch. 1, § 14; Shan., § 1625; mod. Code 1932, § 2735; impl. am. Acts 1978, ch. 934, § 36; T.C.A. (orig. ed.), § 54-910.
(a) Any person aggrieved by the action of the jury of view may appeal to the court of general sessions, and from there to the circuit and appellate courts.
(b) In case of an appeal, the jury of view shall forward all the papers in the case, with its action on the case, to the court of general sessions to which appeal was made.
Acts 1891, ch. 1, § 14; Shan., § 1625; mod. Code 1932, § 2735; impl. am. Acts 1978, ch. 934, § 36; T.C.A. (orig. ed.), § 54-910.
Tenn. Code Ann. § 54-5-501 — TN Code / Title 54 / Chapter 5 / Section 54-5-501
Short title
Status: in_force

This part shall be known and may be cited as the "Local Interstate and Fully Controlled Access Highway Connector Act." Acts 1965, ch. 159, § 1; T.C.A., § 54-569; Acts 1999, ch. 249, § 1.
This part shall be known and may be cited as the "Local Interstate and Fully Controlled Access Highway Connector Act."
Acts 1965, ch. 159, § 1; T.C.A., § 54-569; Acts 1999, ch. 249, § 1.
Tenn. Code Ann. § 54-1-501 — TN Code / Title 54 / Chapter 1 / Section 54-1-501
Use of construction manager/general contractor and progressive design-build services
Status: in_force

(a) Notwithstanding another law to the contrary, the department is authorized to use the construction manager/general contractor (CM/GC) method and progressive design-build (PDB) method as delivery methods for procuring transportation project services. (b) The department shall select CM/GC and PDB projects based upon generally accepted industry criteria that include factors such as fostering innovation, mitigating risk, improving design quality, improving cost control, and optimizing construction schedules. (c) Types of projects suited for CM/GC and PDB methods include, but are not limited to, instances where the department needs feedback during the design phase due to complex components that require innovation, projects that have public involvement, projects that have third-party considerations such as acquisition of right-of-way or utility relocation issues, or situations where other factors impact the overall schedule. Types of projects not suited for the CM/GC or PDB methods include, but are not limited to, routine maintenance and resurfacing projects or other construction projects that present a low level of technical complexity, a low level of risk management, and simple traffic phasing, and that do not have a compelling need for project acceleration. Amended by 2023 Tenn. Acts, ch. 159, s 3, eff. 4/17/2023. Acts 2013, ch. 366, § 1; 2019, ch. 106, § 1.
(a) Notwithstanding another law to the contrary, the department is authorized to use the construction manager/general contractor (CM/GC) method and progressive design-build (PDB) method as delivery methods for procuring transportation project services.
(b) The department shall select CM/GC and PDB projects based upon generally accepted industry criteria that include factors such as fostering innovation, mitigating risk, improving design quality, improving cost control, and optimizing construction schedules.
(c) Types of projects suited for CM/GC and PDB methods include, but are not limited to, instances where the department needs feedback during the design phase due to complex components that require innovation, projects that have public involvement, projects that have third-party considerations such as acquisition of right-of-way or utility relocation issues, or situations where other factors impact the overall schedule. Types of projects not suited for the CM/GC or PDB methods include, but are not limited to, routine maintenance and resurfacing projects or other construction projects that present a low level of technical complexity, a low level of risk management, and simple traffic phasing, and that do not have a compelling need for project acceleration.
Amended by 2023 Tenn. Acts, ch. 159, s 3, eff. 4/17/2023.
Acts 2013, ch. 366, § 1; 2019, ch. 106, § 1.
Tenn. Code Ann. § 54-12-413 — TN Code / Title 54 / Chapter 12 / Section 54-12-413
Bill filed in name of county against landowners - All delinquents may be made defendants to same bill
Status: in_force

(a) The bills in chancery shall be filed in the name of the county in which the lands are situated for the use of the improvement district for the benefit of which the assessments were made, and against the owners, if known, and if unknown, against them to the bill. (b) The owners of all the lands upon which assessments are delinquent may be made defendants to the same bill as parties to the bill. Acts 1919, ch. 193, § 95; Shan. Supp., § 1682a109; Code 1932, § 2924; T.C.A. (orig. ed.), § 54-1613.
(a) The bills in chancery shall be filed in the name of the county in which the lands are situated for the use of the improvement district for the benefit of which the assessments were made, and against the owners, if known, and if unknown, against them to the bill.
(b) The owners of all the lands upon which assessments are delinquent may be made defendants to the same bill as parties to the bill.
Acts 1919, ch. 193, § 95; Shan. Supp., § 1682a109; Code 1932, § 2924; T.C.A. (orig. ed.), § 54-1613.
Tenn. Code Ann. § 54-12-421 — TN Code / Title 54 / Chapter 12 / Section 54-12-421
Redemption of lands by minors and persons adjudicated incompetent within a year of restoration of competency
Status: in_force

Minors and persons who are adjudicated incompetent shall have the further period of one (1) year after the restoration of competency in which to redeem their lands sold under this chapter under like terms as to amounts to be paid, in redemption, as provided in § 54-12-418 . Acts 1919, ch. 193, § 103; Shan. Supp., § 1682a117; Code 1932, § 2932; T.C.A. (orig. ed.), § 54-1621; Acts 2011, ch. 47, § 55.
Minors and persons who are adjudicated incompetent shall have the further period of one (1) year after the restoration of competency in which to redeem their lands sold under this chapter under like terms as to amounts to be paid, in redemption, as provided in § 54-12-418 .
Acts 1919, ch. 193, § 103; Shan. Supp., § 1682a117; Code 1932, § 2932; T.C.A. (orig. ed.), § 54-1621; Acts 2011, ch. 47, § 55.
Tenn. Code Ann. § 54-10-103 — TN Code / Title 54 / Chapter 10 / Section 54-10-103
Classification of roads
Status: in_force

(a) The county legislative bodies shall classify the public roads in the counties, but shall not divide them into more than four (4) classes of widths, as described in § 54-10-104 , and shall specify in each class the width of roadbed between ditches and the distance between fences, which dimensions shall be within § 54-10-104 , and which classification shall be entered of record in the office of the county clerk in a book to be kept for that purpose. (b) Before the county legislative body may classify a road as provided in this section, the chief administrative officer of the county highway department shall submit a listing of all county roads to the county legislative body. The listing shall include a summary of all changes from the road listing submitted previously. The summary shall provide the road name, date the change was approved by the county legislative body and the reason for the change, including, but not limited to, opening, closing, reduction or extension in length, or correction of error. The chief administrative officer of the county highway department shall also include recommendations for classifying the roads. Amended by 2013 Tenn. Acts, ch. 308,s 35, eff. 7/1/2013. Code 1858, § 1183; Acts 1891, ch. 1, § 11; integrated in Shan., § 1618; Code 1932, § 2728; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; modified; T.C.A. (orig. ed.), § 54-903; Acts 1987, ch. 16, § 1; 1997, ch. 80, § 1.
(a) The county legislative bodies shall classify the public roads in the counties, but shall not divide them into more than four (4) classes of widths, as described in § 54-10-104 , and shall specify in each class the width of roadbed between ditches and the distance between fences, which dimensions shall be within § 54-10-104 , and which classification shall be entered of record in the office of the county clerk in a book to be kept for that purpose.
(b) Before the county legislative body may classify a road as provided in this section, the chief administrative officer of the county highway department shall submit a listing of all county roads to the county legislative body. The listing shall include a summary of all changes from the road listing submitted previously. The summary shall provide the road name, date the change was approved by the county legislative body and the reason for the change, including, but not limited to, opening, closing, reduction or extension in length, or correction of error. The chief administrative officer of the county highway department shall also include recommendations for classifying the roads.
Amended by 2013 Tenn. Acts, ch. 308,s 35, eff. 7/1/2013.
Code 1858, § 1183; Acts 1891, ch. 1, § 11; integrated in Shan., § 1618; Code 1932, § 2728; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; modified; T.C.A. (orig. ed.), § 54-903; Acts 1987, ch. 16, § 1; 1997, ch. 80, § 1.
Tenn. Code Ann. § 54-6-116 — TN Code / Title 54 / Chapter 6 / Section 54-6-116
Power of condemnation by eminent domain
Status: in_force

(a) At the request of the eligible private entity, the responsible public entity may exercise any power of condemnation by eminent domain that it has under law for the purpose of acquiring any lands or estates or interests therein to the extent that the responsible public entity finds that such action serves the public purpose of this chapter. Any amounts to be paid in any such condemnation proceeding may be paid by the eligible private entity. (b) Except as provided in subsection (a), until a comprehensive agreement has been terminated, the power of condemnation may not be exercised against a qualifying transportation facility. (c) After the comprehensive agreement has been terminated, any responsible public entity having the power of condemnation under law may exercise such power of condemnation as provided by law. Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
(a) At the request of the eligible private entity, the responsible public entity may exercise any power of condemnation by eminent domain that it has under law for the purpose of acquiring any lands or estates or interests therein to the extent that the responsible public entity finds that such action serves the public purpose of this chapter. Any amounts to be paid in any such condemnation proceeding may be paid by the eligible private entity.
(b) Except as provided in subsection (a), until a comprehensive agreement has been terminated, the power of condemnation may not be exercised against a qualifying transportation facility.
(c) After the comprehensive agreement has been terminated, any responsible public entity having the power of condemnation under law may exercise such power of condemnation as provided by law.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-18-214 — TN Code / Title 54 / Chapter 18 / Section 54-18-214
Granting of permits
Status: in_force

The board shall grant a permit for the construction of a building within the boundaries of a mapped highway or on a highway shown on the map proposed for abandonment when the board finds that the building will not substantially destroy the objectives of the official map. Acts 1965, ch. 251, § 12; T.C.A., §§ 54-2214, 54-19-114.
The board shall grant a permit for the construction of a building within the boundaries of a mapped highway or on a highway shown on the map proposed for abandonment when the board finds that the building will not substantially destroy the objectives of the official map.
Acts 1965, ch. 251, § 12; T.C.A., §§ 54-2214, 54-19-114.
Tenn. Code Ann. § 54-3-104 — TN Code / Title 54 / Chapter 3 / Section 54-3-104
Development and operation of user fee facility projects - Funding - Setting and collecting user fees
Status: in_force

(a) The department may develop user fee facility projects and operate user fee facilities as provided in this chapter. The department may expend funds from the state user fee fund, the transportation modernization fund, and other funds, grants, or loans received from or made available by the federal government or another government agency that may be lawfully applied to a user fee facility project. (b) Subsection (a) applies to: (1) New transportation facilities constructed on or after July 1, 2023; provided, however, that a new transportation facility must include at least one (1) lane for use without payment of a user fee, and that at least one (1) lane for use without payment of a user fee must be operational in order to assess a user fee on any user fee lane within the transportation facility; and (2) Existing transportation facilities where one (1) or more new vehicle travel lanes are added to the facility on or after July 1, 2023; provided, however, that the existing number of lanes available for use without payment of a user fee must not be reduced. (c) The department may, subject to approval of the board, designate one (1) or more lanes of a highway, or portion of a highway, within the state as a user fee facility; provided, however, that such designation must not reduce the existing number of general purpose lanes and lanes available for use without payment of a user fee. In making such designations, the department, subject to the approval of the board, shall specify the high occupancy requirement or other conditions for use of the lanes, which may include restricting vehicle types and implementing access controls. (d) To establish a new user fee facility or to add a user fee facility on an existing facility, the department shall submit a proposal to the board. The proposal must include plans, feasibility analyses, and other such information as may be available to describe the proposed project and the need for such project, including: (1) Projected traffic on the user fee facility; (2) The anticipated amount of the user fee to be charged, or the method for setting variable user fees; (3) Projected user fee revenue; and (4) If applicable, the proposed use of a franchise agreement, concession agreement, or a combination of those agreements, to design, construct, finance, operate, or maintain the user fee facility. (e) The department may, subject to approval of the board, set user fees or establish the method for setting variable user fees for the use of managed lanes, subject to resolutions or indentures authorizing bonds. Upon or prior to the issuance of any bonds, and until such time as the bonds are no longer outstanding under the resolution or indenture providing for the issuance of the bonds, the department shall collect, or shall cause to be collected, such user fees and shall revise the user fees from time to time whenever necessary, to produce revenue, together with other moneys that may be available, sufficient to: (1) Provide for all costs of the development and operation of the user fee facility project, including reasonable reserves; and (2) Pay when due all bonds and interest on the bonds, obligations under hedging agreements and ancillary agreements, and other indebtedness incurred by the state for the payment of which the user fees have been pledged, charged, or otherwise encumbered, and interest thereon, including reasonable reserves therefor. (f) A user fee, along with allowable increases, or the method for setting variable user fees on managed lanes, imposed or collected on a user fee facility on a state highway that is the subject of a user fee development agreement must be set in the user fee facility development agreement. The department shall obtain the approval of the board prior to modifying the user fee conditions set forth in the user fee facility development agreement. (g) By July 1, 2024, and by July 1 annually thereafter, the department shall submit a report to the chairs of the finance, ways, and means committees of the house of representatives and the senate and the chairs of the transportation and safety committee of the senate and transportation committee of the house of representatives on the activities of the department under this chapter. Amended by 2023 Tenn. Acts, ch. 159, s 19, eff. 4/17/2023. Acts 2007 , ch. 597, § 5.
(a) The department may develop user fee facility projects and operate user fee facilities as provided in this chapter. The department may expend funds from the state user fee fund, the transportation modernization fund, and other funds, grants, or loans received from or made available by the federal government or another government agency that may be lawfully applied to a user fee facility project.
(b) Subsection (a) applies to: (1) New transportation facilities constructed on or after July 1, 2023; provided, however, that a new transportation facility must include at least one (1) lane for use without payment of a user fee, and that at least one (1) lane for use without payment of a user fee must be operational in order to assess a user fee on any user fee lane within the transportation facility; and (2) Existing transportation facilities where one (1) or more new vehicle travel lanes are added to the facility on or after July 1, 2023; provided, however, that the existing number of lanes available for use without payment of a user fee must not be reduced.
(1) New transportation facilities constructed on or after July 1, 2023; provided, however, that a new transportation facility must include at least one (1) lane for use without payment of a user fee, and that at least one (1) lane for use without payment of a user fee must be operational in order to assess a user fee on any user fee lane within the transportation facility; and
(2) Existing transportation facilities where one (1) or more new vehicle travel lanes are added to the facility on or after July 1, 2023; provided, however, that the existing number of lanes available for use without payment of a user fee must not be reduced.
(c) The department may, subject to approval of the board, designate one (1) or more lanes of a highway, or portion of a highway, within the state as a user fee facility; provided, however, that such designation must not reduce the existing number of general purpose lanes and lanes available for use without payment of a user fee. In making such designations, the department, subject to the approval of the board, shall specify the high occupancy requirement or other conditions for use of the lanes, which may include restricting vehicle types and implementing access controls.
(d) To establish a new user fee facility or to add a user fee facility on an existing facility, the department shall submit a proposal to the board. The proposal must include plans, feasibility analyses, and other such information as may be available to describe the proposed project and the need for such project, including: (1) Projected traffic on the user fee facility; (2) The anticipated amount of the user fee to be charged, or the method for setting variable user fees; (3) Projected user fee revenue; and (4) If applicable, the proposed use of a franchise agreement, concession agreement, or a combination of those agreements, to design, construct, finance, operate, or maintain the user fee facility.
(1) Projected traffic on the user fee facility;
(2) The anticipated amount of the user fee to be charged, or the method for setting variable user fees;
(3) Projected user fee revenue; and
(4) If applicable, the proposed use of a franchise agreement, concession agreement, or a combination of those agreements, to design, construct, finance, operate, or maintain the user fee facility.
(e) The department may, subject to approval of the board, set user fees or establish the method for setting variable user fees for the use of managed lanes, subject to resolutions or indentures authorizing bonds. Upon or prior to the issuance of any bonds, and until such time as the bonds are no longer outstanding under the resolution or indenture providing for the issuance of the bonds, the department shall collect, or shall cause to be collected, such user fees and shall revise the user fees from time to time whenever necessary, to produce revenue, together with other moneys that may be available, sufficient to: (1) Provide for all costs of the development and operation of the user fee facility project, including reasonable reserves; and (2) Pay when due all bonds and interest on the bonds, obligations under hedging agreements and ancillary agreements, and other indebtedness incurred by the state for the payment of which the user fees have been pledged, charged, or otherwise encumbered, and interest thereon, including reasonable reserves therefor.
(1) Provide for all costs of the development and operation of the user fee facility project, including reasonable reserves; and
(2) Pay when due all bonds and interest on the bonds, obligations under hedging agreements and ancillary agreements, and other indebtedness incurred by the state for the payment of which the user fees have been pledged, charged, or otherwise encumbered, and interest thereon, including reasonable reserves therefor.
(f) A user fee, along with allowable increases, or the method for setting variable user fees on managed lanes, imposed or collected on a user fee facility on a state highway that is the subject of a user fee development agreement must be set in the user fee facility development agreement. The department shall obtain the approval of the board prior to modifying the user fee conditions set forth in the user fee facility development agreement.
(g) By July 1, 2024, and by July 1 annually thereafter, the department shall submit a report to the chairs of the finance, ways, and means committees of the house of representatives and the senate and the chairs of the transportation and safety committee of the senate and transportation committee of the house of representatives on the activities of the department under this chapter.
Amended by 2023 Tenn. Acts, ch. 159, s 19, eff. 4/17/2023.
Acts 2007 , ch. 597, § 5.
Tenn. Code Ann. § 54-4-505 — TN Code / Title 54 / Chapter 4 / Section 54-4-505
Allocation of funds
Status: in_force

Subject to the conditions for local government participation set forth in this part, the allocation of funds appropriated to the 1990 bridge grant program each fiscal year shall be in accordance with the general appropriations act. Acts 1990, ch. 717, § 6.
Subject to the conditions for local government participation set forth in this part, the allocation of funds appropriated to the 1990 bridge grant program each fiscal year shall be in accordance with the general appropriations act.
Acts 1990, ch. 717, § 6.
Tenn. Code Ann. § 54-4-105 — TN Code / Title 54 / Chapter 4 / Section 54-4-105
Salary of trustee not increased
Status: in_force

Nothing in § 54-4-103 shall be construed to increase the salary of trustees of the counties beyond that fixed by any salary law. Acts 1937, ch. 152, § 2; C. Supp. 1950, § 3291.6 (Williams, § 3291.3a); T.C.A. (orig. ed.), § 54-405.
Nothing in § 54-4-103 shall be construed to increase the salary of trustees of the counties beyond that fixed by any salary law.
Acts 1937, ch. 152, § 2; C. Supp. 1950, § 3291.6 (Williams, § 3291.3a); T.C.A. (orig. ed.), § 54-405.
Tenn. Code Ann. § 54-9-118 — TN Code / Title 54 / Chapter 9 / Section 54-9-118
Road commissioners have supervision of construction of roads
Status: in_force

When all road commissioners have been elected, they shall be the road commissioners for that county, and shall have the supervision of the construction of the roads provided for by the county legislative body, and shall serve until all the roads so provided for have been completed according to the specifications laid out by the county legislative body, or until all the money provided for under the bond issue for the county has been expended on the roads of the county. Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a19; Code 1932, § 2981; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-820.
When all road commissioners have been elected, they shall be the road commissioners for that county, and shall have the supervision of the construction of the roads provided for by the county legislative body, and shall serve until all the roads so provided for have been completed according to the specifications laid out by the county legislative body, or until all the money provided for under the bond issue for the county has been expended on the roads of the county.
Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a19; Code 1932, § 2981; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-820.
Tenn. Code Ann. § 54-12-146 — TN Code / Title 54 / Chapter 12 / Section 54-12-146
Circuit court order entered - Certified to monthly county court
Status: in_force

If the appeal is from the action of the monthly county court in establishing or refusing to establish the road improvement district, the circuit court shall enter an order as it deems just and proper in the premises, and the clerk of the circuit court shall certify the same to the monthly county court, which shall proceed thereafter in the matter in accordance with the order of the circuit court. Acts 1919, ch. 193, § 36; Shan. Supp., § 1682a47; Code 1932, § 2861; modified; T.C.A. (orig. ed.), § 54-1346.
If the appeal is from the action of the monthly county court in establishing or refusing to establish the road improvement district, the circuit court shall enter an order as it deems just and proper in the premises, and the clerk of the circuit court shall certify the same to the monthly county court, which shall proceed thereafter in the matter in accordance with the order of the circuit court.
Acts 1919, ch. 193, § 36; Shan. Supp., § 1682a47; Code 1932, § 2861; modified; T.C.A. (orig. ed.), § 54-1346.
Tenn. Code Ann. § 54-20-201 — TN Code / Title 54 / Chapter 20 / Section 54-20-201
Part definitions
Status: in_force

As used in this part: (1) "Automobile graveyard" means any lot or place that is exposed to the weather and upon which more than five (5) motor vehicles of any kind, incapable of being operated, and that it would not be economically practical to make operative, are placed, located or found; and (2) "Automobile graveyard" or "automobile junkyard" is not to be construed to mean an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal produce is scrap iron, steel or nonferrous scrap for sale for remelting purposes only. Acts 1965, ch. 352, § 1; T.C.A., §§ 54-577, 54-5-901.
As used in this part:
(1) "Automobile graveyard" means any lot or place that is exposed to the weather and upon which more than five (5) motor vehicles of any kind, incapable of being operated, and that it would not be economically practical to make operative, are placed, located or found; and
(2) "Automobile graveyard" or "automobile junkyard" is not to be construed to mean an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal produce is scrap iron, steel or nonferrous scrap for sale for remelting purposes only.
Acts 1965, ch. 352, § 1; T.C.A., §§ 54-577, 54-5-901.
Tenn. Code Ann. § 54-12-306 — TN Code / Title 54 / Chapter 12 / Section 54-12-306
Contracts for improvements not to be made until after inspection, classifications, apportionment, and assessment of benefits
Status: in_force

(a) No contracts for improvements to be done in the road improvement district shall be made until after the commissioners provided for by part 2 of this chapter have made their inspection, classifications, and apportionment as directed in part 2 of this chapter, nor until the questions of classification and apportionment and assessment of benefits have been determined and settled by the monthly county court. (b) After the commissioners and the court have so acted, then the contracts may be made by the board of directors of the district. Acts 1919, ch. 193, § 72; Shan. Supp., § 1682a86; Code 1932, § 2900; modified; T.C.A. (orig. ed.), § 54-1506.
(a) No contracts for improvements to be done in the road improvement district shall be made until after the commissioners provided for by part 2 of this chapter have made their inspection, classifications, and apportionment as directed in part 2 of this chapter, nor until the questions of classification and apportionment and assessment of benefits have been determined and settled by the monthly county court.
(b) After the commissioners and the court have so acted, then the contracts may be made by the board of directors of the district.
Acts 1919, ch. 193, § 72; Shan. Supp., § 1682a86; Code 1932, § 2900; modified; T.C.A. (orig. ed.), § 54-1506.
Tenn. Code Ann. § 54-9-203 — TN Code / Title 54 / Chapter 9 / Section 54-9-203
Bond resolution, contents
Status: in_force

The bond resolution shall contain: (1) The amount, or maximum amount, of the bonds to be issued; (2) The purpose of the bond issued being for the construction of county highways, roads or bridges, as certified by the department; (3) The rate, or maximum rate, of interest that the bonds shall yield; and (4) A concise statement as to the amount or percentage of state aid funds to be irrevocably pledged and whether the taxing power of the county shall be pledged for the payment of bonds, plus interest; but the amount irrevocably pledged from state aid funds, derived from the proceeds of the gasoline tax distributed to the counties, shall not exceed fifty percent (50%) of the state aid funds. Acts 1959, ch. 320, § 3; T.C.A., § 54-846; Acts 1983, ch. 320, § 8.
The bond resolution shall contain:
(1) The amount, or maximum amount, of the bonds to be issued;
(2) The purpose of the bond issued being for the construction of county highways, roads or bridges, as certified by the department;
(3) The rate, or maximum rate, of interest that the bonds shall yield; and
(4) A concise statement as to the amount or percentage of state aid funds to be irrevocably pledged and whether the taxing power of the county shall be pledged for the payment of bonds, plus interest; but the amount irrevocably pledged from state aid funds, derived from the proceeds of the gasoline tax distributed to the counties, shall not exceed fifty percent (50%) of the state aid funds.
Acts 1959, ch. 320, § 3; T.C.A., § 54-846; Acts 1983, ch. 320, § 8.
Tenn. Code Ann. § 54-5-1001 — TN Code / Title 54 / Chapter 5 / Section 54-5-1001
Blue Star Memorial Highways designated
Status: in_force

(a) Those portions of interstate and defense highways I-24, I-75, and I-81 within Tennessee and that portion of State Highway 40 (United States Highway 64) from Chattanooga to the Tennessee-North Carolina state line are designated Blue Star Memorial Highways. (b) That portion of State Highway 57 (United States Highway 72 - Poplar Avenue) lying within Shelby County is also designated as a Blue Star Memorial Highway, and in addition to any signs erected in accordance with § 54-5-1002 , the department shall consult with organizations and institutions located on the highway, including veterans' hospitals, concerning appropriate signs along the highway. (c) That portion of United States Highway 45 West from the Madison-Gibson County line to the Gibson-Obion County line is also designated as a Blue Star Memorial Highway, and in addition to any signs erected in accordance with § 54-5-1002 , the department shall consult with organizations and institutions located on the highway, including veterans' hospitals, concerning appropriate signs along the highway. (d) That portion of United States Highway 25 West lying within Cove Lake State Park in Campbell County is also designated as a Blue Star Memorial Highway. (e) That segment of United States Highway 641 within Henry County, from the Tennessee-Kentucky state boundary to the Henry County-Benton County boundary, is also designated as a Blue Star Memorial Highway. (f) That segment of State Route 14 within Shelby County, from the Tipton County-Shelby County boundary to that route's intersection with Interstate 240, is also designated as a Blue Star Memorial Highway. Acts 1981, ch. 71, § 1; 1989, ch. 33, § 1; 1990, ch. 952, § 1; 1991, ch. 95, § 1; 1995, ch. 34, § 1; 1997, ch. 3, § 1.
(a) Those portions of interstate and defense highways I-24, I-75, and I-81 within Tennessee and that portion of State Highway 40 (United States Highway 64) from Chattanooga to the Tennessee-North Carolina state line are designated Blue Star Memorial Highways.
(b) That portion of State Highway 57 (United States Highway 72 - Poplar Avenue) lying within Shelby County is also designated as a Blue Star Memorial Highway, and in addition to any signs erected in accordance with § 54-5-1002 , the department shall consult with organizations and institutions located on the highway, including veterans' hospitals, concerning appropriate signs along the highway.
(c) That portion of United States Highway 45 West from the Madison-Gibson County line to the Gibson-Obion County line is also designated as a Blue Star Memorial Highway, and in addition to any signs erected in accordance with § 54-5-1002 , the department shall consult with organizations and institutions located on the highway, including veterans' hospitals, concerning appropriate signs along the highway.
(d) That portion of United States Highway 25 West lying within Cove Lake State Park in Campbell County is also designated as a Blue Star Memorial Highway.
(e) That segment of United States Highway 641 within Henry County, from the Tennessee-Kentucky state boundary to the Henry County-Benton County boundary, is also designated as a Blue Star Memorial Highway.
(f) That segment of State Route 14 within Shelby County, from the Tipton County-Shelby County boundary to that route's intersection with Interstate 240, is also designated as a Blue Star Memorial Highway.
Acts 1981, ch. 71, § 1; 1989, ch. 33, § 1; 1990, ch. 952, § 1; 1991, ch. 95, § 1; 1995, ch. 34, § 1; 1997, ch. 3, § 1.
Tenn. Code Ann. § 54-12-404 — TN Code / Title 54 / Chapter 12 / Section 54-12-404
Bonds to be paid only by assessments levied on the lands within the district
Status: in_force

Each bond shall show expressly on its face that it is to be paid only by assessments levied and collected on the lands within the district so designated and numbered, and for the benefit of which district the bond is issued. No assessment shall be levied or collected for the payment of the bond or bonds, or the interest on the bonds, on any property, real or personal, outside the district so numbered, designated, and benefited. Acts 1919, ch. 193, § 87; Shan. Supp., § 1682a101; Code 1932, § 2915; T.C.A. (orig. ed.), § 54-1605, T.C.A., § 54-12-405.
Each bond shall show expressly on its face that it is to be paid only by assessments levied and collected on the lands within the district so designated and numbered, and for the benefit of which district the bond is issued. No assessment shall be levied or collected for the payment of the bond or bonds, or the interest on the bonds, on any property, real or personal, outside the district so numbered, designated, and benefited.
Acts 1919, ch. 193, § 87; Shan. Supp., § 1682a101; Code 1932, § 2915; T.C.A. (orig. ed.), § 54-1605, T.C.A., § 54-12-405.
Tenn. Code Ann. § 54-17-108 — TN Code / Title 54 / Chapter 17 / Section 54-17-108
Advertising or junkyards prohibited on scenic highways - Authority of commissioner to acquire
Status: in_force

(a) Whenever a road or highway has been designated part of the system, it is unlawful for any person to construct, use, operate or maintain any sign, except as provided in subsection (c) or § 54-17-109 , or junkyard within two thousand feet (2,000') of any road or highway that is a designated part of the system and that is located either outside the corporate limits of any city or town or at any place within a tourist resort county, as defined in § 42-1-301 . (b) The commissioner is authorized to acquire an outdoor advertising device or junkyard by purchase, gift, or condemnation, and to pay just compensation for the removal of these devices and junkyards. (c) Any outdoor advertising device lawfully in existence prior to the designation of the scenic byway may be maintained, repaired, or reconstructed according to the original application for the outdoor advertising permit. Amended by 2020 Tenn. Acts, ch. 706, s 2, eff. 6/22/2020. Acts 1971, ch. 431, § 8; 1976, ch. 819, § 6; T.C.A., § 54-2508; Acts 1981, ch. 166, § 1; 1991, ch. 301, §§ 1, 4.
(a) Whenever a road or highway has been designated part of the system, it is unlawful for any person to construct, use, operate or maintain any sign, except as provided in subsection (c) or § 54-17-109 , or junkyard within two thousand feet (2,000') of any road or highway that is a designated part of the system and that is located either outside the corporate limits of any city or town or at any place within a tourist resort county, as defined in § 42-1-301 .
(b) The commissioner is authorized to acquire an outdoor advertising device or junkyard by purchase, gift, or condemnation, and to pay just compensation for the removal of these devices and junkyards.
(c) Any outdoor advertising device lawfully in existence prior to the designation of the scenic byway may be maintained, repaired, or reconstructed according to the original application for the outdoor advertising permit.
Amended by 2020 Tenn. Acts, ch. 706, s 2, eff. 6/22/2020.
Acts 1971, ch. 431, § 8; 1976, ch. 819, § 6; T.C.A., § 54-2508; Acts 1981, ch. 166, § 1; 1991, ch. 301, §§ 1, 4.
Tenn. Code Ann. § 54-14-105 — TN Code / Title 54 / Chapter 14 / Section 54-14-105
Jury of view - Qualification - Number - Challenges
Status: in_force

The jury of view shall consist of five (5) disinterested persons having all of the qualifications of jurors in the circuit court, unless the parties agree otherwise or upon a different number, and either party may challenge for cause or peremptorily as in other civil cases. Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a31/2; Code 1932, § 2749; T.C.A. (orig. ed.), § 54-1905.
The jury of view shall consist of five (5) disinterested persons having all of the qualifications of jurors in the circuit court, unless the parties agree otherwise or upon a different number, and either party may challenge for cause or peremptorily as in other civil cases.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a31/2; Code 1932, § 2749; T.C.A. (orig. ed.), § 54-1905.
Tenn. Code Ann. § 54-5-108 — TN Code / Title 54 / Chapter 5 / Section 54-5-108
Cooperation by department with federal government in designating roads, and in erection of danger signals and safety devices
Status: in_force

(a) (1) The department has full power, and it is made its duty, acting through its commissioner, to cooperate with the federal government in formulating and adopting a uniform system of numbering or designating roads of interstate character within this state, and in the selection and erection of uniform danger signals and safety devices for the protection and direction of traffic on those highways. (2) The department is empowered to expend out of the funds of the department any and all amounts necessary in the carrying out of this section. (b) The department has full power, and it is made its duty, acting through its commissioner, to formulate and adopt a manual for the design and location of signs, signals, markings, and for posting of traffic regulations on or along all streets and highways in Tennessee, and no signs, signals, markings or postings of traffic regulations shall be located on any street or highway in the state regardless of type or class of the governmental agency having jurisdiction of the streets and highways, except in conformity with the provisions contained in the manual. Acts 1925, ch. 52, §§ 1, 2; Shan. Supp., §§ 1720a7b28, 1720a7b29; Code 1932, §§ 3187, 3188; Acts 1965, ch. 160, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-508; Acts 1981, ch. 264, § 12.
(a) (1) The department has full power, and it is made its duty, acting through its commissioner, to cooperate with the federal government in formulating and adopting a uniform system of numbering or designating roads of interstate character within this state, and in the selection and erection of uniform danger signals and safety devices for the protection and direction of traffic on those highways. (2) The department is empowered to expend out of the funds of the department any and all amounts necessary in the carrying out of this section.
(1) The department has full power, and it is made its duty, acting through its commissioner, to cooperate with the federal government in formulating and adopting a uniform system of numbering or designating roads of interstate character within this state, and in the selection and erection of uniform danger signals and safety devices for the protection and direction of traffic on those highways.
(2) The department is empowered to expend out of the funds of the department any and all amounts necessary in the carrying out of this section.
(b) The department has full power, and it is made its duty, acting through its commissioner, to formulate and adopt a manual for the design and location of signs, signals, markings, and for posting of traffic regulations on or along all streets and highways in Tennessee, and no signs, signals, markings or postings of traffic regulations shall be located on any street or highway in the state regardless of type or class of the governmental agency having jurisdiction of the streets and highways, except in conformity with the provisions contained in the manual.
Acts 1925, ch. 52, §§ 1, 2; Shan. Supp., §§ 1720a7b28, 1720a7b29; Code 1932, §§ 3187, 3188; Acts 1965, ch. 160, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-508; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-5-405 — TN Code / Title 54 / Chapter 5 / Section 54-5-405
Limitation on state
Status: in_force

(a) The state shall not share in the cost of constructing any part of an industrial highway within an industrial site or park or privately owned tract of land, unless the part of the industrial highway is a link in a highway serving areas beyond the industrial site or park or privately owned tract of land, in which case the rights-of-way or easements shall be conveyed to the state or municipality, as in the case of other highways. (b) It is the intent of this part to provide access to industrial areas where other means are inadequate and not to contribute to the internal development of any site, part or tract of land. Amended by 2014 Tenn. Acts, ch. 546,s 5, eff. 3/17/2014. Acts 1959, ch. 264, § 5; T.C.A., § 54-550.
(a) The state shall not share in the cost of constructing any part of an industrial highway within an industrial site or park or privately owned tract of land, unless the part of the industrial highway is a link in a highway serving areas beyond the industrial site or park or privately owned tract of land, in which case the rights-of-way or easements shall be conveyed to the state or municipality, as in the case of other highways.
(b) It is the intent of this part to provide access to industrial areas where other means are inadequate and not to contribute to the internal development of any site, part or tract of land.
Amended by 2014 Tenn. Acts, ch. 546,s 5, eff. 3/17/2014.
Acts 1959, ch. 264, § 5; T.C.A., § 54-550.
Tenn. Code Ann. § 54-5-133 — TN Code / Title 54 / Chapter 5 / Section 54-5-133
Eradication and control of noxious weeds
Status: in_force

The commissioner shall adequately eradicate or control, or both, by chemical or other means, noxious weeds growing on state highway rights-of-way whenever areas adjacent to the rights-of-way are determined by the commissioner of agriculture, in accordance with § 43-1-106 , to be row crop areas or grassland areas. Amended by 2013 Tenn. Acts, ch. 308,s 26, eff. 7/1/2013. Acts 1972, ch. 801, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-578; Acts 1981, ch. 264, § 12.
The commissioner shall adequately eradicate or control, or both, by chemical or other means, noxious weeds growing on state highway rights-of-way whenever areas adjacent to the rights-of-way are determined by the commissioner of agriculture, in accordance with § 43-1-106 , to be row crop areas or grassland areas.
Amended by 2013 Tenn. Acts, ch. 308,s 26, eff. 7/1/2013.
Acts 1972, ch. 801, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-578; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-3-110 — TN Code / Title 54 / Chapter 3 / Section 54-3-110
Appropriations of the state funding board
Status: in_force

By authorizing the issuance of bonds, hedging agreements and ancillary agreements which are not a liability of the state, payable other than from user fee revenues and other moneys on deposit in the state user fee fund, the general assembly intends that such authorizations shall constitute: (1) A direct and continuing appropriation to the state funding board of the user fee revenues and other moneys on deposit in the state user fee fund from time to time and to the state funding board a sum sufficient from the state user fee fund to satisfy obligations under the bonds and the resolutions or indentures authorizing the bonds, under hedging agreements, and under ancillary agreements; and (2) The authority to expend those funds in accordance with this chapter, subject to any resolutions or indentures authorizing bonds. Amended by 2023 Tenn. Acts, ch. 159, s 27, eff. 4/17/2023. Acts 2007 , ch. 597, § 11.
By authorizing the issuance of bonds, hedging agreements and ancillary agreements which are not a liability of the state, payable other than from user fee revenues and other moneys on deposit in the state user fee fund, the general assembly intends that such authorizations shall constitute:
(1) A direct and continuing appropriation to the state funding board of the user fee revenues and other moneys on deposit in the state user fee fund from time to time and to the state funding board a sum sufficient from the state user fee fund to satisfy obligations under the bonds and the resolutions or indentures authorizing the bonds, under hedging agreements, and under ancillary agreements; and
(2) The authority to expend those funds in accordance with this chapter, subject to any resolutions or indentures authorizing bonds.
Amended by 2023 Tenn. Acts, ch. 159, s 27, eff. 4/17/2023.
Acts 2007 , ch. 597, § 11.
Tenn. Code Ann. § 54-5-113 — TN Code / Title 54 / Chapter 5 / Section 54-5-113
Contracts to be written and signed
Status: in_force

All contracts under which any highway funds are to be expended shall be in writing duly signed by the commissioner. Acts 1917, ch. 74, § 6; Shan., § 1720a29b23 (p. 6550); impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b54; Code 1932, § 3212; modified; Acts 1973, ch. 131, § 1; T.C.A. (orig. ed.), § 54-513; Acts 1981, ch. 264, § 5.
All contracts under which any highway funds are to be expended shall be in writing duly signed by the commissioner.
Acts 1917, ch. 74, § 6; Shan., § 1720a29b23 (p. 6550); impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b54; Code 1932, § 3212; modified; Acts 1973, ch. 131, § 1; T.C.A. (orig. ed.), § 54-513; Acts 1981, ch. 264, § 5.
Tenn. Code Ann. § 54-17-112 — TN Code / Title 54 / Chapter 17 / Section 54-17-112
Criminal sanctions
Status: in_force

(a) Any person, firm or corporation violating any provision of this part commits a Class C misdemeanor. (b) Each and every day during which a violation of any provision of this part continues is deemed a separate offense. (c) The attorney general and reporter, the district attorney general for the judicial district in which the violation occurs or is threatened, any state, municipal or county official or any adjacent or neighboring property owner who would be damaged by a violation of this part, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or other appropriate action, actions or proceedings to prevent, enjoin or abate or remove the violation. Acts 1971, ch. 431, § 12; modified; T.C.A., § 54-2512; Acts 1989, ch. 591, § 113.
(a) Any person, firm or corporation violating any provision of this part commits a Class C misdemeanor.
(b) Each and every day during which a violation of any provision of this part continues is deemed a separate offense.
(c) The attorney general and reporter, the district attorney general for the judicial district in which the violation occurs or is threatened, any state, municipal or county official or any adjacent or neighboring property owner who would be damaged by a violation of this part, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or other appropriate action, actions or proceedings to prevent, enjoin or abate or remove the violation.
Acts 1971, ch. 431, § 12; modified; T.C.A., § 54-2512; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 54-20-107 — TN Code / Title 54 / Chapter 20 / Section 54-20-107
Acquisition of interests in lands - Removal - Screening
Status: in_force

(a) Whenever the department determines that the topography of the land adjoining the highway will not permit adequate screening of the junkyards, or the screening of the junkyards would not be economically feasible, the department shall have the authority to acquire by gift, purchase, exchange, or condemnation interests in lands as may be necessary to secure the relocation, removal, or disposal of the junkyards, and to pay for the costs of the relocation, removal, or disposal. (b) When the department determines that it is in the best interest of the state, it may acquire lands, or interests in lands, as may be necessary to provide adequate screening of the junkyards. Acts 1967, ch. 304, § 7; 1971, ch. 369, § 1; T.C.A., § 54-2307; Acts 1981, ch. 432, § 5.
(a) Whenever the department determines that the topography of the land adjoining the highway will not permit adequate screening of the junkyards, or the screening of the junkyards would not be economically feasible, the department shall have the authority to acquire by gift, purchase, exchange, or condemnation interests in lands as may be necessary to secure the relocation, removal, or disposal of the junkyards, and to pay for the costs of the relocation, removal, or disposal.
(b) When the department determines that it is in the best interest of the state, it may acquire lands, or interests in lands, as may be necessary to provide adequate screening of the junkyards.
Acts 1967, ch. 304, § 7; 1971, ch. 369, § 1; T.C.A., § 54-2307; Acts 1981, ch. 432, § 5.
Tenn. Code Ann. § 54-11-223 — TN Code / Title 54 / Chapter 11 / Section 54-11-223
Power to issue bonds
Status: in_force

For the purpose of providing funds to erect bridges, the county and municipality have the power to issue bonds pursuant to title 9, chapter 21. Acts 1901, ch. 99, § 2; Shan., § 1716a2; mod. Code 1932, § 3029; T.C.A. (orig. ed.), § 54-1129; Acts 1980, ch. 601, § 18; 1988, ch. 750, § 59.
For the purpose of providing funds to erect bridges, the county and municipality have the power to issue bonds pursuant to title 9, chapter 21.
Acts 1901, ch. 99, § 2; Shan., § 1716a2; mod. Code 1932, § 3029; T.C.A. (orig. ed.), § 54-1129; Acts 1980, ch. 601, § 18; 1988, ch. 750, § 59.
Tenn. Code Ann. § 54-5-1103 — TN Code / Title 54 / Chapter 5 / Section 54-5-1103
Administrative service contracts - Bidding lease payments
Status: in_force

(a) (1) Except as provided in this section, the department shall enter into contracts for the administration of specific service signs. The department may, however, carry out the administration of specific service signs to provide continuity of the program in the case of default of an administrative contractor, or in the interim period between administrative contracts, and to fulfill statutory or regulatory changes made to the program during an existing administrative contract where the administrative contractor is unwilling to provide for statutory or regulatory additions to the program under the terms of the existing contract, and other terms that the department deems appropriate. (2) Contracts for administrative services include the marketing, management, and maintenance of specific service signs. Any administrative services contract awarded must include provisions requiring an appropriate corporate surety performance bond, security or cash. (b) Nothing in this section shall be construed as preventing the commissioner from determining whether provision of administrative services for the entire state should be the basis for bids, or whether the provision of the services for segments of the state should be the basis for bids. (c) Notwithstanding § 12-3-102(a)(8) , any contract to perform administrative services shall be awarded to the contractor whose proposal offers the best value for the state rather than the least cost to the retail user of the signs. In determining the best value for the state, the department may consider: (1) The quality of service offered; (2) The contractor's overall qualifications to partner with the department. This includes determining fair market value of advertising space and establishing a fee structure that provides a combination of revenue to the department and fair pricing to the advertisers; (3) The contractor's financial resources and ability to perform; (4) The percentage of revenue sharing provided to the department by the contractor; and (5) Any other factor the department considers relevant. Amended by 2013 Tenn. Acts, ch. 471,Secs.s1, s5 eff. 5/20/2013. Acts 1988, ch. 696, §§ 4, 6; 1991, ch. 282, § 2.
(a) (1) Except as provided in this section, the department shall enter into contracts for the administration of specific service signs. The department may, however, carry out the administration of specific service signs to provide continuity of the program in the case of default of an administrative contractor, or in the interim period between administrative contracts, and to fulfill statutory or regulatory changes made to the program during an existing administrative contract where the administrative contractor is unwilling to provide for statutory or regulatory additions to the program under the terms of the existing contract, and other terms that the department deems appropriate. (2) Contracts for administrative services include the marketing, management, and maintenance of specific service signs. Any administrative services contract awarded must include provisions requiring an appropriate corporate surety performance bond, security or cash.
(1) Except as provided in this section, the department shall enter into contracts for the administration of specific service signs. The department may, however, carry out the administration of specific service signs to provide continuity of the program in the case of default of an administrative contractor, or in the interim period between administrative contracts, and to fulfill statutory or regulatory changes made to the program during an existing administrative contract where the administrative contractor is unwilling to provide for statutory or regulatory additions to the program under the terms of the existing contract, and other terms that the department deems appropriate.
(2) Contracts for administrative services include the marketing, management, and maintenance of specific service signs. Any administrative services contract awarded must include provisions requiring an appropriate corporate surety performance bond, security or cash.
(b) Nothing in this section shall be construed as preventing the commissioner from determining whether provision of administrative services for the entire state should be the basis for bids, or whether the provision of the services for segments of the state should be the basis for bids.
(c) Notwithstanding § 12-3-102(a)(8) , any contract to perform administrative services shall be awarded to the contractor whose proposal offers the best value for the state rather than the least cost to the retail user of the signs. In determining the best value for the state, the department may consider: (1) The quality of service offered; (2) The contractor's overall qualifications to partner with the department. This includes determining fair market value of advertising space and establishing a fee structure that provides a combination of revenue to the department and fair pricing to the advertisers; (3) The contractor's financial resources and ability to perform; (4) The percentage of revenue sharing provided to the department by the contractor; and (5) Any other factor the department considers relevant.
(1) The quality of service offered;
(2) The contractor's overall qualifications to partner with the department. This includes determining fair market value of advertising space and establishing a fee structure that provides a combination of revenue to the department and fair pricing to the advertisers;
(3) The contractor's financial resources and ability to perform;
(4) The percentage of revenue sharing provided to the department by the contractor; and
(5) Any other factor the department considers relevant.
Amended by 2013 Tenn. Acts, ch. 471,Secs.s1, s5 eff. 5/20/2013.
Acts 1988, ch. 696, §§ 4, 6; 1991, ch. 282, § 2.
Tenn. Code Ann. § 54-16-110 — TN Code / Title 54 / Chapter 16 / Section 54-16-110
Interstate Route 440 designated parkway
Status: in_force

Interstate Route 440 in Davidson County is designated as a parkway. Acts 1980, ch. 837, § 3.
Interstate Route 440 in Davidson County is designated as a parkway.
Acts 1980, ch. 837, § 3.
Tenn. Code Ann. § 54-12-155 — TN Code / Title 54 / Chapter 12 / Section 54-12-155
Intent of Section 54-12-154
Status: in_force

Section 54-12-154 is not intended to repeal any portion of this chapter, but is intended to furnish an additional method of proceeding, to bring the parties concerned before the court in seeking to establish a road improvement district, and to leave the petitioners for the district to their option whether they will proceed under other provisions of this chapter or under § 54-12-154 in giving notice to the parties of the hearing, and in bringing them before the court. Acts 1919, ch. 193, § 126; Shan. Supp., § 1682a140; Code 1932, § 2955; T.C.A. (orig. ed.), § 54-1355.
Section 54-12-154 is not intended to repeal any portion of this chapter, but is intended to furnish an additional method of proceeding, to bring the parties concerned before the court in seeking to establish a road improvement district, and to leave the petitioners for the district to their option whether they will proceed under other provisions of this chapter or under § 54-12-154 in giving notice to the parties of the hearing, and in bringing them before the court.
Acts 1919, ch. 193, § 126; Shan. Supp., § 1682a140; Code 1932, § 2955; T.C.A. (orig. ed.), § 54-1355.
Tenn. Code Ann. § 54-17-107 — TN Code / Title 54 / Chapter 17 / Section 54-17-107
Management - Promotion
Status: in_force

(a) Once the general assembly designates a highway or road or a portion of the highway or road as a scenic highway, the state or local agency having jurisdiction of the highway shall erect appropriate signs marking the designation, in accordance with the rules and regulations authorized to be promulgated, from funds appropriated by the general assembly for that purpose. The signs shall conform to standards established by the comprehensive statewide scenic highway plan; furthermore, the state or local agency having jurisdiction over the particular scenic highway shall provide proper marking, maintenance, and refuse removal services in connection with the highway. (b) The department of tourist development shall study each newly designated scenic highway with the intention of including it in state and national promotional campaigns. In no instance may scenic highways be promoted through advertisement on any sign, structure or advertising device other than signs used for marking scenic highways by the department of transportation or local agency having jurisdiction. (c) The department of economic and community development shall act to coordinate the efforts of local planning commissions, development districts, chambers of commerce, convention and visitors bureaus, and other federal, state, local, and private organizations in continuing the promotion and development of the scenic highway system. Amended by 2013 Tenn. Acts, ch. 308, s 33, eff. 7/1/2013. Acts 1971, ch. 431, § 7; impl. am. Acts 1972, ch. 829, § 7; Acts 1976, ch. 819, § 5; modified; T.C.A., § 54-2507.
(a) Once the general assembly designates a highway or road or a portion of the highway or road as a scenic highway, the state or local agency having jurisdiction of the highway shall erect appropriate signs marking the designation, in accordance with the rules and regulations authorized to be promulgated, from funds appropriated by the general assembly for that purpose. The signs shall conform to standards established by the comprehensive statewide scenic highway plan; furthermore, the state or local agency having jurisdiction over the particular scenic highway shall provide proper marking, maintenance, and refuse removal services in connection with the highway.
(b) The department of tourist development shall study each newly designated scenic highway with the intention of including it in state and national promotional campaigns. In no instance may scenic highways be promoted through advertisement on any sign, structure or advertising device other than signs used for marking scenic highways by the department of transportation or local agency having jurisdiction.
(c) The department of economic and community development shall act to coordinate the efforts of local planning commissions, development districts, chambers of commerce, convention and visitors bureaus, and other federal, state, local, and private organizations in continuing the promotion and development of the scenic highway system.
Amended by 2013 Tenn. Acts, ch. 308, s 33, eff. 7/1/2013.
Acts 1971, ch. 431, § 7; impl. am. Acts 1972, ch. 829, § 7; Acts 1976, ch. 819, § 5; modified; T.C.A., § 54-2507.
Tenn. Code Ann. § 54-12-311 — TN Code / Title 54 / Chapter 12 / Section 54-12-311
Engineer employed to supervise construction of improvement work - Compensation - Removal, and contract with another
Status: in_force

(a) The board of directors shall employ a competent engineer to have charge and supervision of the construction of the improvement work, contract for compensation for the engineer's services in a sum or at a rate that may be agreed upon, and to be paid as other expenses of the district. (b) The directors may remove the engineer and contract with another, if they see fit for any reason. Acts 1919, ch. 193, § 77; Shan. Supp., § 1682a91; Code 1932, § 2905; T.C.A. (orig. ed.), § 54-1511.
(a) The board of directors shall employ a competent engineer to have charge and supervision of the construction of the improvement work, contract for compensation for the engineer's services in a sum or at a rate that may be agreed upon, and to be paid as other expenses of the district.
(b) The directors may remove the engineer and contract with another, if they see fit for any reason.
Acts 1919, ch. 193, § 77; Shan. Supp., § 1682a91; Code 1932, § 2905; T.C.A. (orig. ed.), § 54-1511.
Tenn. Code Ann. § 54-4-102 — TN Code / Title 54 / Chapter 4 / Section 54-4-102
Liability for unauthorized expenditures
Status: in_force

(a) Any county official or person who authorizes, directs or permits the expenditure of county aid funds for any purpose, except those authorized by this part, shall be personally liable for any unauthorized expenditure of the funds. (b) Officials or persons violating this section in concert with others shall be jointly and severally liable. Acts 1931, ch. 45, § 2; C. Supp. 1950, § 3291.2; Acts 1972, ch. 708, § 1; T.C.A. (orig. ed.), § 54-402; Acts 1981, ch. 366, § 7; 1981, ch. 418, § 4.
(a) Any county official or person who authorizes, directs or permits the expenditure of county aid funds for any purpose, except those authorized by this part, shall be personally liable for any unauthorized expenditure of the funds.
(b) Officials or persons violating this section in concert with others shall be jointly and severally liable.
Acts 1931, ch. 45, § 2; C. Supp. 1950, § 3291.2; Acts 1972, ch. 708, § 1; T.C.A. (orig. ed.), § 54-402; Acts 1981, ch. 366, § 7; 1981, ch. 418, § 4.
Tenn. Code Ann. § 54-21-110 — TN Code / Title 54 / Chapter 21 / Section 54-21-110
Information for traveling public
Status: in_force

In order to provide information in the specific interest of the traveling public, the commissioner is authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas for the purpose of informing the public of places of interest within the state and providing other information considered desirable. Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Amended by 2013 Tenn. Acts, ch. 308, s 3, eff. 7/1/2013. Acts 1972, ch. 655, § 10; T.C.A., § 54-2610; Acts 1981, ch. 264, § 12.
In order to provide information in the specific interest of the traveling public, the commissioner is authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas for the purpose of informing the public of places of interest within the state and providing other information considered desirable.
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Amended by 2013 Tenn. Acts, ch. 308, s 3, eff. 7/1/2013.
Acts 1972, ch. 655, § 10; T.C.A., § 54-2610; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-10-104 — TN Code / Title 54 / Chapter 10 / Section 54-10-104
Classes and specifications of roads - Working and grading
Status: in_force

(a) All roads laid off and worked under this chapter shall be known and classified as roads of the first, second, third and fourth class. (b) Roads of the first class shall be not more than one hundred feet (100') nor less than twenty-four feet (24') wide; roads of the second class, not more than forty feet (40') nor less than eighteen feet (18') wide; roads of the third class, not more than thirty feet (30') nor less than fourteen feet (14') wide; and roads of the fourth class, not more than twenty feet (20') nor less than ten feet (10') wide. (c) All roads of the first class shall have worked a roadbed of at least twenty feet (20') as the minimum width for first class roads, sixteen feet (16') for roads of the second class, twelve feet (12') for roads of the third class, and eight feet (8') for roads of the fourth class; and, in constructing the roadbed, concrete, broken stones or gravel or other material approved by the department of transportation shall be used, when concrete, broken stones, gravel or other approved material can be conveniently obtained, to form the surface; provided, that where it is possible and practicable, the roadbeds shall be graded with a fall of one inch (1") to the foot from the center of road to the ditches. (d) Overseers shall also maintain ditches at each side of the roadbed adequate to drain the roadbed. (e) The county legislative body may require sections of roads near populous cities to have roadbeds graded to any width not beyond the maximum width allowed in this section for all roads of the class; and when the condition of the road requires it, timbers shall be employed to construct the roadbed in whatever way the commissioner may direct, and, if practicable, the commissioner may have wet or spouty places underdrained by tile draining. Acts 1891, ch. 1, § 26; Shan., § 1619; mod. Code 1932, § 2729; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-904; Acts 1981, ch. 264, § 12.
(a) All roads laid off and worked under this chapter shall be known and classified as roads of the first, second, third and fourth class.
(b) Roads of the first class shall be not more than one hundred feet (100') nor less than twenty-four feet (24') wide; roads of the second class, not more than forty feet (40') nor less than eighteen feet (18') wide; roads of the third class, not more than thirty feet (30') nor less than fourteen feet (14') wide; and roads of the fourth class, not more than twenty feet (20') nor less than ten feet (10') wide.
(c) All roads of the first class shall have worked a roadbed of at least twenty feet (20') as the minimum width for first class roads, sixteen feet (16') for roads of the second class, twelve feet (12') for roads of the third class, and eight feet (8') for roads of the fourth class; and, in constructing the roadbed, concrete, broken stones or gravel or other material approved by the department of transportation shall be used, when concrete, broken stones, gravel or other approved material can be conveniently obtained, to form the surface; provided, that where it is possible and practicable, the roadbeds shall be graded with a fall of one inch (1") to the foot from the center of road to the ditches.
(d) Overseers shall also maintain ditches at each side of the roadbed adequate to drain the roadbed.
(e) The county legislative body may require sections of roads near populous cities to have roadbeds graded to any width not beyond the maximum width allowed in this section for all roads of the class; and when the condition of the road requires it, timbers shall be employed to construct the roadbed in whatever way the commissioner may direct, and, if practicable, the commissioner may have wet or spouty places underdrained by tile draining.
Acts 1891, ch. 1, § 26; Shan., § 1619; mod. Code 1932, § 2729; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-904; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-12-209 — TN Code / Title 54 / Chapter 12 / Section 54-12-209
Publication of hearing assessments and apportionments
Status: in_force

Publication shall be made in three (3) weekly newspapers published in the county where the proceeding is pending, if there are that number published in the county, otherwise in at least one (1), for two (2) consecutive weeks, notifying all parties concerned in any way, of the date set for hearing the matter of assessment and apportionment by the court, when they can appear and be heard, if they desire; the last of the publications to be at least five (5) days before the day set for the hearing of the matter, and the publication to be in lieu of and instead of notice personally served, but shall not give the names of the parties, but only a brief statement of the date and purpose of the hearing. Acts 1919, ch. 193, § 49; Shan. Supp., § 1682a63; Code 1932, § 2877; T.C.A. (orig. ed.), § 54-1409.
Publication shall be made in three (3) weekly newspapers published in the county where the proceeding is pending, if there are that number published in the county, otherwise in at least one (1), for two (2) consecutive weeks, notifying all parties concerned in any way, of the date set for hearing the matter of assessment and apportionment by the court, when they can appear and be heard, if they desire; the last of the publications to be at least five (5) days before the day set for the hearing of the matter, and the publication to be in lieu of and instead of notice personally served, but shall not give the names of the parties, but only a brief statement of the date and purpose of the hearing.
Acts 1919, ch. 193, § 49; Shan. Supp., § 1682a63; Code 1932, § 2877; T.C.A. (orig. ed.), § 54-1409.
Tenn. Code Ann. § 54-11-215 — TN Code / Title 54 / Chapter 11 / Section 54-11-215
Examination of work upon completion by commissioners appointed by county legislative body - Payment
Status: in_force

(a) Upon being notified that the work is completed, the county legislative body shall appoint three (3) commissioners, unconnected either by affinity or consanguinity with the contractor, to examine and report upon the work. (b) The county legislative body, if satisfied that the work is done conformably to the contract, shall receive it, and make an order on the county trustee as the contract may require. Code 1858, § 1268 (deriv. Acts 1835-1836, ch. 29, § 3); Shan., § 1732; Code 1932, § 3058; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1121.
(a) Upon being notified that the work is completed, the county legislative body shall appoint three (3) commissioners, unconnected either by affinity or consanguinity with the contractor, to examine and report upon the work.
(b) The county legislative body, if satisfied that the work is done conformably to the contract, shall receive it, and make an order on the county trustee as the contract may require.
Code 1858, § 1268 (deriv. Acts 1835-1836, ch. 29, § 3); Shan., § 1732; Code 1932, § 3058; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1121.
Tenn. Code Ann. § 54-14-114 — TN Code / Title 54 / Chapter 14 / Section 54-14-114
Appeal from jury of view - New trial before a jury summoned in usual way - Exclusive remedy
Status: in_force

(a) Within thirty (30) days, either party may appeal to the court from the finding of the jury of view, and demand a trial by a jury and, upon giving security for costs, may have a new trial before a jury of twelve (12) persons to be summoned and impaneled by the court in the usual way. (b) The demand for a trial by a jury in accordance with subsection (a) shall be the exclusive remedy for relief from the finding of a jury of view and no other appeal from the finding shall lie. The jury must either affirm the finding of the jury of view or set apart a different quantity of land or property for ingress or egress to the land of the petitioner; but, in no event, shall the party petitioning for a right of way pursuant to this part be left without a sufficient outlet of ingress and egress. Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a12; Code 1932, § 2758; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §54-1914; Acts 2008 , ch. 1082, § 4.
(a) Within thirty (30) days, either party may appeal to the court from the finding of the jury of view, and demand a trial by a jury and, upon giving security for costs, may have a new trial before a jury of twelve (12) persons to be summoned and impaneled by the court in the usual way.
(b) The demand for a trial by a jury in accordance with subsection (a) shall be the exclusive remedy for relief from the finding of a jury of view and no other appeal from the finding shall lie. The jury must either affirm the finding of the jury of view or set apart a different quantity of land or property for ingress or egress to the land of the petitioner; but, in no event, shall the party petitioning for a right of way pursuant to this part be left without a sufficient outlet of ingress and egress.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a12; Code 1932, § 2758; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §54-1914; Acts 2008 , ch. 1082, § 4.
Tenn. Code Ann. § 54-12-135 — TN Code / Title 54 / Chapter 12 / Section 54-12-135
Further examination and report by engineer ordered - Hearing continued until filing of report
Status: in_force

At the hearing, the monthly county court may order the engineer, or a new engineer appointed by it, if deemed advisable, to make further examination and report to the court as to the improvement in which the hearing shall be continued until the filing of the further report. Acts 1919, ch. 193, § 25; Shan. Supp., § 1682a36; Code 1932, § 2850; modified; T.C.A. (orig. ed.), § 54-1335.
At the hearing, the monthly county court may order the engineer, or a new engineer appointed by it, if deemed advisable, to make further examination and report to the court as to the improvement in which the hearing shall be continued until the filing of the further report.
Acts 1919, ch. 193, § 25; Shan. Supp., § 1682a36; Code 1932, § 2850; modified; T.C.A. (orig. ed.), § 54-1335.
Tenn. Code Ann. § 54-1-132 — TN Code / Title 54 / Chapter 1 / Section 54-1-132
Criminal history background checks for applicants - Authorization
Status: in_force

The commissioner is authorized to seek criminal history background checks pursuant to § 38-6-109 for applicants for the job classes of highway response operator 1 and 2 and highway response supervisor 1 and 2. The commissioner is further authorized to require the applicants to provide fingerprint samples to the Tennessee bureau of investigation and the federal bureau of investigation for the purpose of conducting a criminal history background check. Acts 2002, ch. 739, § 1.
The commissioner is authorized to seek criminal history background checks pursuant to § 38-6-109 for applicants for the job classes of highway response operator 1 and 2 and highway response supervisor 1 and 2. The commissioner is further authorized to require the applicants to provide fingerprint samples to the Tennessee bureau of investigation and the federal bureau of investigation for the purpose of conducting a criminal history background check.
Acts 2002, ch. 739, § 1.
Tenn. Code Ann. § 54-9-140 — TN Code / Title 54 / Chapter 9 / Section 54-9-140
Local laws for issuance of bonds for road purposes - Cumulative power
Status: in_force

Nothing in this chapter shall be construed as repealing any local law authorizing the issuance of bonds for road purposes, but the power conferred in this chapter shall only be cumulative to the power conferred in the local laws. Acts 1919, ch. 175, § 8; Shan. Supp., § 1695a44; Code 1932, § 3003; T.C.A. (orig. ed.), § 54-843.
Nothing in this chapter shall be construed as repealing any local law authorizing the issuance of bonds for road purposes, but the power conferred in this chapter shall only be cumulative to the power conferred in the local laws.
Acts 1919, ch. 175, § 8; Shan. Supp., § 1695a44; Code 1932, § 3003; T.C.A. (orig. ed.), § 54-843.
Tenn. Code Ann. § 54-12-117 — TN Code / Title 54 / Chapter 12 / Section 54-12-117
Petitioners required to pay preliminary expenses - Judgment on their bond
Status: in_force

If the county legislative body should not see fit to order the preliminary expenses be paid, and the parties to whom the expenses are owing are not willing to agree to wait until a fund for their payment can be provided by special assessments upon the district, then the county legislative body, by proper order, shall require the petitioner to pay to the county clerk a fund sufficient to pay the preliminary expenses, and the bond required of petitioners by this part shall be liable for the preliminary expenses, and judgment on the bonds may be rendered at any time by the county legislative body to the end the fund for expenses be provided, just as the county legislative body renders judgment on cost bonds, and one (1) judgment shall not prevent other judgments on the same bond, so the sum of the judgments does not exceed the penalty of the bond. Acts 1919, ch. 193, § 117; Shan. Supp., § 1682a131; Code 1932, § 2946; modified; T.C.A. (orig. ed.), § 54-1317; impl am. Acts 1978, ch. 934, §§ 7, 22, 36.
If the county legislative body should not see fit to order the preliminary expenses be paid, and the parties to whom the expenses are owing are not willing to agree to wait until a fund for their payment can be provided by special assessments upon the district, then the county legislative body, by proper order, shall require the petitioner to pay to the county clerk a fund sufficient to pay the preliminary expenses, and the bond required of petitioners by this part shall be liable for the preliminary expenses, and judgment on the bonds may be rendered at any time by the county legislative body to the end the fund for expenses be provided, just as the county legislative body renders judgment on cost bonds, and one (1) judgment shall not prevent other judgments on the same bond, so the sum of the judgments does not exceed the penalty of the bond.
Acts 1919, ch. 193, § 117; Shan. Supp., § 1682a131; Code 1932, § 2946; modified; T.C.A. (orig. ed.), § 54-1317; impl am. Acts 1978, ch. 934, §§ 7, 22, 36.
Tenn. Code Ann. § 54-12-318 — TN Code / Title 54 / Chapter 12 / Section 54-12-318
Road overseer employed for protection of district - Compensation - Discharge and employment of another
Status: in_force

(a) After the main improvement in any road improvement district has been completed, the board of directors, if it deems necessary for the protection of the district, and for the proper maintenance of the efficiency of the improvement, may employ a competent person to look after and take care of the improvement. (b) The person so employed shall be designated road improvement overseer. (c) The board of directors shall contract with the overseer to perform the prescribed duties, define the duties of the overseer, and contract for the amount to be paid for the overseer's services. (d) The board of directors shall have the right, at any time, to discharge the overseer and employ another whenever, in its judgment, it is to the best interest of the district that it be done. (e) (1) The compensation of the road overseer shall be paid out of any funds in the district, not needed for the payment of bonds and interest maturing, and other improvements that are to be made, during the year. (2) The payment shall be made as is provided for other payments under this chapter. Acts 1919, ch. 193, § 78; Shan. Supp., § 1682a92; Code 1932, § 2906; T.C.A. (orig. ed.), § 54-1518.
(a) After the main improvement in any road improvement district has been completed, the board of directors, if it deems necessary for the protection of the district, and for the proper maintenance of the efficiency of the improvement, may employ a competent person to look after and take care of the improvement.
(b) The person so employed shall be designated road improvement overseer.
(c) The board of directors shall contract with the overseer to perform the prescribed duties, define the duties of the overseer, and contract for the amount to be paid for the overseer's services.
(d) The board of directors shall have the right, at any time, to discharge the overseer and employ another whenever, in its judgment, it is to the best interest of the district that it be done.
(e) (1) The compensation of the road overseer shall be paid out of any funds in the district, not needed for the payment of bonds and interest maturing, and other improvements that are to be made, during the year. (2) The payment shall be made as is provided for other payments under this chapter.
(1) The compensation of the road overseer shall be paid out of any funds in the district, not needed for the payment of bonds and interest maturing, and other improvements that are to be made, during the year.
(2) The payment shall be made as is provided for other payments under this chapter.
Acts 1919, ch. 193, § 78; Shan. Supp., § 1682a92; Code 1932, § 2906; T.C.A. (orig. ed.), § 54-1518.
Tenn. Code Ann. § 54-10-201 — TN Code / Title 54 / Chapter 10 / Section 54-10-201
Changing or closing roads - Application by petition
Status: in_force

All applications to open, change, or close a road shall be made by written petition, signed by the applicant, to the commissioner of the district through which the road runs or is asked to be located, specifying in particular the changes or action asked; or, if the road extends into two (2) or more districts, or is the dividing line between districts, then to the commissioners of the districts. Acts 1891, ch. 1, § 14; Shan., § 1620; Code 1932, § 2730; T.C.A. (orig. ed.), § 54-905.
All applications to open, change, or close a road shall be made by written petition, signed by the applicant, to the commissioner of the district through which the road runs or is asked to be located, specifying in particular the changes or action asked; or, if the road extends into two (2) or more districts, or is the dividing line between districts, then to the commissioners of the districts.
Acts 1891, ch. 1, § 14; Shan., § 1620; Code 1932, § 2730; T.C.A. (orig. ed.), § 54-905.
Tenn. Code Ann. § 54-5-706 — TN Code / Title 54 / Chapter 5 / Section 54-5-706
Erection and placement of directional signs
Status: in_force

The department is directed to mark the appropriate exit to eligible facilities by erecting two (2) identifying signs of a size and color suitable for ready observation by the motorist on the interstate highway. The first of these signs shall be placed a proper distance before the exit and the second shall be placed at the exit and may be incorporated into the directional sign normally erected to indicate the city or connector route served by the exit. The signs shall be erected facing both directions of travel on the interstate route. Acts 1974, ch. 560, § 3; T.C.A., § 54-582.
The department is directed to mark the appropriate exit to eligible facilities by erecting two (2) identifying signs of a size and color suitable for ready observation by the motorist on the interstate highway. The first of these signs shall be placed a proper distance before the exit and the second shall be placed at the exit and may be incorporated into the directional sign normally erected to indicate the city or connector route served by the exit. The signs shall be erected facing both directions of travel on the interstate route.
Acts 1974, ch. 560, § 3; T.C.A., § 54-582.
Tenn. Code Ann. § 54-5-1109 — TN Code / Title 54 / Chapter 5 / Section 54-5-1109
Reserved
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 308, s 28, eff. 7/1/2013. Acts 1988, ch. 696, § 14; 1990, ch. 721, §§ 1-3; 1993, ch. 94, § 1.
Repealed by 2013 Tenn. Acts, ch. 308, s 28, eff. 7/1/2013.
Acts 1988, ch. 696, § 14; 1990, ch. 721, §§ 1-3; 1993, ch. 94, § 1.