Tenn. Code Ann. § 54-21-107 — TN Code / Title 54 / Chapter 21 / Section 54-21-107
Acquisition by commissioner of outdoor advertising devices along the interstate and primary highway systems
Status: in_force

(a) The commissioner is authorized to acquire by purchase, gift, or condemnation, and to pay just compensation upon the removal of the following outdoor advertising devices in areas adjacent to the interstate and primary highway systems: (1) Those lawfully in existence on April 4, 1972; and (2) Those lawfully erected on or after April 4, 1972. (b) (1) Compensation is authorized to be made only for the following: (A) The taking from the owner of the outdoor advertising device of all right, title, leasehold, and interest in the outdoor advertising device; and (B) The taking from the owner of the real property on which the outdoor advertising device is located, of the right to erect and maintain the outdoor advertising device on the property. (2) If funds other than federal funds are used, the state shall follow the following order of purchasing priorities: (A) Volunteer nonconforming outdoor advertising devices; (B) Hardship situations; (C) Normal value signs; (D) Signs in areas that are designated scenic or parkway; (E) Product advertising on: (i) Rural interstate; (ii) Rural primary; and (iii) Urban areas; (F) Non-tourist-oriented directional advertising; and (G) Tourist-oriented devices. (3) All funds other than federal funds, acquired by the state from whatever source for the purpose of acquiring nonconforming outdoor advertising devices, must be appropriated by the general assembly to the department and shall not be earmarked for acquisitions at any particular location. (4) Funds obtained from private sources not appropriated within one (1) year revert to the donor. (5) Upon funds being made available, owners of outdoor advertising device must be notified of the availability of the funds for the purpose of volunteering nonconforming outdoor advertising devices for purchase by the state. (c) Upon the request of the commissioner, the owner of the outdoor advertising devices and the owner of the property upon which the outdoor advertising device is located who are seeking compensation as provided under subdivisions (b)(1)(A) and (B) shall present evidence satisfactory to the commissioner that the outdoor advertising device in question was in existence or lawfully erected, as the case may be, on, before, or after the appropriate dates set out in subdivisions (a)(1) and (2). Except by court order, the commissioner shall not make any payment under subdivisions (b)(1)(A) and (B) until the proof has been presented. Notwithstanding this chapter, those outdoor advertising devices legally in existence on April 4, 1972, are entitled to remain in place and in use until compensation for removal has been made as provided in this section. (d) In determining whether any outdoor advertising device is lawful or unlawful, any failure to have obtained a license or permit, or to have attached a permit, or failure to have complied with setback requirements is not a cause for declaring any outdoor advertising device unlawful. Any person having constructed, erected, operated, used, maintained, or having caused or permitted any outdoor advertising device to be constructed, erected, operated, used, or maintained, shall pay the fee prescribed by § 54-21-104 ; provided, that the outdoor advertising device was erected prior to April 4, 1972. Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Acts 1972, ch. 655, § 7; T.C.A., § 54-2607; Acts 1982, ch. 865, § 8.
(a) The commissioner is authorized to acquire by purchase, gift, or condemnation, and to pay just compensation upon the removal of the following outdoor advertising devices in areas adjacent to the interstate and primary highway systems: (1) Those lawfully in existence on April 4, 1972; and (2) Those lawfully erected on or after April 4, 1972.
(1) Those lawfully in existence on April 4, 1972; and
(2) Those lawfully erected on or after April 4, 1972.
(b) (1) Compensation is authorized to be made only for the following: (A) The taking from the owner of the outdoor advertising device of all right, title, leasehold, and interest in the outdoor advertising device; and (B) The taking from the owner of the real property on which the outdoor advertising device is located, of the right to erect and maintain the outdoor advertising device on the property. (2) If funds other than federal funds are used, the state shall follow the following order of purchasing priorities: (A) Volunteer nonconforming outdoor advertising devices; (B) Hardship situations; (C) Normal value signs; (D) Signs in areas that are designated scenic or parkway; (E) Product advertising on: (i) Rural interstate; (ii) Rural primary; and (iii) Urban areas; (F) Non-tourist-oriented directional advertising; and (G) Tourist-oriented devices. (3) All funds other than federal funds, acquired by the state from whatever source for the purpose of acquiring nonconforming outdoor advertising devices, must be appropriated by the general assembly to the department and shall not be earmarked for acquisitions at any particular location. (4) Funds obtained from private sources not appropriated within one (1) year revert to the donor. (5) Upon funds being made available, owners of outdoor advertising device must be notified of the availability of the funds for the purpose of volunteering nonconforming outdoor advertising devices for purchase by the state.
(1) Compensation is authorized to be made only for the following: (A) The taking from the owner of the outdoor advertising device of all right, title, leasehold, and interest in the outdoor advertising device; and (B) The taking from the owner of the real property on which the outdoor advertising device is located, of the right to erect and maintain the outdoor advertising device on the property.
(A) The taking from the owner of the outdoor advertising device of all right, title, leasehold, and interest in the outdoor advertising device; and
(B) The taking from the owner of the real property on which the outdoor advertising device is located, of the right to erect and maintain the outdoor advertising device on the property.
(2) If funds other than federal funds are used, the state shall follow the following order of purchasing priorities: (A) Volunteer nonconforming outdoor advertising devices; (B) Hardship situations; (C) Normal value signs; (D) Signs in areas that are designated scenic or parkway; (E) Product advertising on: (i) Rural interstate; (ii) Rural primary; and (iii) Urban areas; (F) Non-tourist-oriented directional advertising; and (G) Tourist-oriented devices.
(A) Volunteer nonconforming outdoor advertising devices;
(B) Hardship situations;
(C) Normal value signs;
(D) Signs in areas that are designated scenic or parkway;
(E) Product advertising on: (i) Rural interstate; (ii) Rural primary; and (iii) Urban areas;
(i) Rural interstate;
(ii) Rural primary; and
(iii) Urban areas;
(F) Non-tourist-oriented directional advertising; and
(G) Tourist-oriented devices.
(3) All funds other than federal funds, acquired by the state from whatever source for the purpose of acquiring nonconforming outdoor advertising devices, must be appropriated by the general assembly to the department and shall not be earmarked for acquisitions at any particular location.
(4) Funds obtained from private sources not appropriated within one (1) year revert to the donor.
(5) Upon funds being made available, owners of outdoor advertising device must be notified of the availability of the funds for the purpose of volunteering nonconforming outdoor advertising devices for purchase by the state.
(c) Upon the request of the commissioner, the owner of the outdoor advertising devices and the owner of the property upon which the outdoor advertising device is located who are seeking compensation as provided under subdivisions (b)(1)(A) and (B) shall present evidence satisfactory to the commissioner that the outdoor advertising device in question was in existence or lawfully erected, as the case may be, on, before, or after the appropriate dates set out in subdivisions (a)(1) and (2). Except by court order, the commissioner shall not make any payment under subdivisions (b)(1)(A) and (B) until the proof has been presented. Notwithstanding this chapter, those outdoor advertising devices legally in existence on April 4, 1972, are entitled to remain in place and in use until compensation for removal has been made as provided in this section.
(d) In determining whether any outdoor advertising device is lawful or unlawful, any failure to have obtained a license or permit, or to have attached a permit, or failure to have complied with setback requirements is not a cause for declaring any outdoor advertising device unlawful. Any person having constructed, erected, operated, used, maintained, or having caused or permitted any outdoor advertising device to be constructed, erected, operated, used, or maintained, shall pay the fee prescribed by § 54-21-104 ; provided, that the outdoor advertising device was erected prior to April 4, 1972.
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Acts 1972, ch. 655, § 7; T.C.A., § 54-2607; Acts 1982, ch. 865, § 8.
Tenn. Code Ann. § 54-18-210 — TN Code / Title 54 / Chapter 18 / Section 54-18-210
Public utilities in streets
Status: in_force

(a) Except utilities in highways at the time of the adoption of the official map, no public water facilities, sewer, or other public utility or improvement shall be constructed in any highway unless shown on the official map or as may be otherwise authorized in title 13, chapter 4, part 3, or the subdivision regulations of a municipality. (b) Nothing contained in this section or in any other section of this chapter shall be construed to affect any right of a public utility otherwise acquired to cross over or under any highway with its facilities, whether or not the highway is on the official map. (c) Nothing contained in this section shall be construed to affect any right of a public utility otherwise acquired to locate its facilities upon or along the highway in such a manner as not to interfere with the use or proposed use of the street or highway, whether or not the highway is on the official map. Acts 1965, ch. 251, § 17; T.C.A., §§ 54-2210, 54-19-110.
(a) Except utilities in highways at the time of the adoption of the official map, no public water facilities, sewer, or other public utility or improvement shall be constructed in any highway unless shown on the official map or as may be otherwise authorized in title 13, chapter 4, part 3, or the subdivision regulations of a municipality.
(b) Nothing contained in this section or in any other section of this chapter shall be construed to affect any right of a public utility otherwise acquired to cross over or under any highway with its facilities, whether or not the highway is on the official map.
(c) Nothing contained in this section shall be construed to affect any right of a public utility otherwise acquired to locate its facilities upon or along the highway in such a manner as not to interfere with the use or proposed use of the street or highway, whether or not the highway is on the official map.
Acts 1965, ch. 251, § 17; T.C.A., §§ 54-2210, 54-19-110.
Tenn. Code Ann. § 54-21-119 — TN Code / Title 54 / Chapter 21 / Section 54-21-119
Changeable message signs
Status: in_force

(a) Changeable message signs may be double faced, back to back, or V-type signs. (b) Changeable message signs with a digital display that meet all other requirements pursuant to this chapter are permissible subject to the following restrictions: (1) The message display time must remain static for a minimum of eight (8) seconds with a maximum change time of two (2) seconds; (2) Video, continuous scrolling messages, and animation are prohibited; and (3) The minimum spacing of the changeable message signs with a digital display facing the same direction of travel on the same side of the interstate system or controlled access highways is two thousand feet (2,000'); provided, however, that an outdoor advertising device that uses only a small digital display, not to exceed one hundred square feet (100 sq. ft.) in total area, within a larger non-digital sign face is not subject to the minimum spacing requirement established in this subdivision (b)(3), or to any application for a specific digital display permit or permit addendum as established in subsections (c) and (d), or to any fee for a permit addendum as established in § 54-21-104(b) . (c) A person shall not erect, operate, use, or maintain a changeable message sign with a digital display in a new location without first obtaining a permit and tag expressly authorizing a changeable message sign with a digital display, and annually renewing the permit and tag, as provided in § 54-21-104 . The department shall not require any additional permit under this subsection (c) for an outdoor advertising device with a digital display lawfully permitted, erected, and in operation prior to June 22, 2020. (d) A person shall not erect, operate, use, or maintain a changeable message sign with a digital display in place of or as an addition to any existing permitted outdoor advertising device without first obtaining, and annually renewing with the permit, an addendum to the permit expressly authorizing a changeable message sign with a digital display in that location as provided in § 54-21-104(b)(3) . (e) The commissioner shall under no circumstances permit or authorize any person to erect, operate, use, or maintain a changeable message sign of any type as a replacement for or as an addition to any nonconforming outdoor advertising device or in any nonconforming location. (f) Notwithstanding any other law to the contrary, a person who is granted a permit or an addendum to a permit authorizing a changeable message sign with a digital display in accordance with subsection (c) or (d) has up to, but no more than, twelve (12) months after the date on which the permit or addendum is granted within which to erect and begin displaying an outdoor advertising message on the changeable message sign; provided, however, that prior to the expiration of this twelve-month period, and upon making application to the commissioner and paying an additional permit fee in the amount of two hundred dollars ($200), the permit holder may obtain an additional twelve (12) months within which to erect and begin displaying an outdoor advertising message on the changeable message sign. This additional two-hundred-dollar fee is separate from any annual permit renewal fee required under § 54-21-104 . If the permitted or authorized changeable message sign with a digital display is not erected and displaying a message within the required time, or as extended, the permit or addendum to the permit will be revoked and the changeable message sign with the digital display must be removed by the applicant or subject to removal by the commissioner as provided in § 54-21-105 . (g) Any application for a permit or addendum for a digital display as described in this section may be made using the form for an application for permit for an outdoor advertising device existing on June 22, 2020, until a separate form is available. (h) (1) All changeable message signs installed on or after July 1, 2014, must come equipped with a light-sensing device that automatically adjusts the brightness in direct correlation with ambient light conditions. (2) The brightness of light emitted from a changeable message sign must not exceed 0.3 foot candles over ambient light levels measured at a distance of one hundred fifty feet (150') for those sign faces less than or equal to three hundred square feet (300 sq. ft.), measured at a distance of two hundred feet (200') for those sign faces greater than three hundred square feet (300 sq. ft.) but less than or equal to three hundred eighty-five square feet (385 sq. ft.), measured at a distance of two hundred fifty feet (250') for those sign faces greater than three hundred eighty-five square feet (385 sq. ft.) and less than or equal to six hundred eighty square feet (680 sq. ft.), measured at a distance of three hundred fifty feet (350') for those sign faces greater than six hundred eighty square feet (680 sq. ft.), or subject to the measuring criteria in the applicable table set forth in subdivision (h)(4). (3) Any measurements required pursuant to this subsection (h) must be taken from a point within the highway right-of-way at a safe distance from the edge of the traveled way, at a height above the roadway that approximates a motorist's line of sight, and as close to perpendicular to the face of the changeable message sign as practical. If perpendicular measurement is not practical, valid measurements may be taken at an angle up to forty-five (45) degrees from the center point of the sign face. If measurement shows a level above that prescribed in subdivision (h)(4), the exact calculations must be provided to the sign permit holder. (4) In the event it is found not to be practical to measure a changeable message sign at the distances prescribed in subdivision (h)(2), a measurer may opt to measure the sign at any of the alternative measuring distances described in the applicable table set forth in this subdivision (h)(4). In the event the sign measurer chooses to measure the sign using an alternative measuring distance, the prescribed foot candle level above ambient light must not exceed the prescribed level, to be determined based on the alternative measuring distances set forth in the tables in subdivisions (h)(4)(A), (B), (C), and (D), as applicable. For any measuring distance between the alternative measuring distances set forth in the following tables, the prescribed foot candle level above ambient light must not exceed the interpolated level derived from the following formula: [l2 = (D2<2>/D1<2>) x l1] Where l1 = the prescribed foot candle level above ambient light for the measuring distance listed in the tables, l2 = the derived foot candle level above ambient light for the desired measuring distance, D1 = the desired measuring distance in feet, and D2 = the alternative measuring distance in feet listed in the tables, as follows: (A) For changeable message signs less than or equal to three hundred square feet (300 sq. ft.): Alternative Measuring Distance: Prescribed Foot Candle Level: 100 0.68 125 0.43 150 0.3 200 0.17 250 0.11 275 0.09 300 0.08 325 0.06 350 0.06 400 0.04 (B) For changeable message signs greater than three hundred square feet (300 sq. ft.) but less than or equal to three hundred eighty-five square feet (385 sq. ft.): Alternative Measuring Distance: Prescribed Foot Candle Level: 100 1.2 125 0.77 150 0.53 200 0.3 250 0.19 275 0.16 300 0.13 325 0.11 350 0.1 400 0.08 (C) For changeable message signs greater than three hundred eighty-five square feet (385 sq. ft.) but less than or equal to six hundred eighty square feet (680 sq. ft.): Alternative Measuring Distance: Prescribed Foot Candle Level: 100 1.88 125 1.2 150 0.83 200 0.47 250 0.3 275 0.25 300 0.21 325 0.18 350 0.15 400 0.12 (D) For changeable message signs greater than six hundred eighty square feet (680 sq. ft.): Alternative Measuring Distance: Prescribed Foot Candle Level: 100 3.675 125 2.35 150 1.63 200 0.92 250 0.59 275 0.49 300 0.41 325 0.35 350 0.3 400 0.23 425 0.2 450 0.18 500 0.15 (5) This subsection (h) applies to all changeable message signs located in this state operated pursuant to a permit issued by the commissioner. Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Amended by 2018 Tenn. Acts, ch. 683, s 3, eff. 7/1/2018. Acts 1983, ch. 133, §§ 5, 6; 1984, ch. 850, § 1; 1999, ch. 63, § 1.
(a) Changeable message signs may be double faced, back to back, or V-type signs.
(b) Changeable message signs with a digital display that meet all other requirements pursuant to this chapter are permissible subject to the following restrictions: (1) The message display time must remain static for a minimum of eight (8) seconds with a maximum change time of two (2) seconds; (2) Video, continuous scrolling messages, and animation are prohibited; and (3) The minimum spacing of the changeable message signs with a digital display facing the same direction of travel on the same side of the interstate system or controlled access highways is two thousand feet (2,000'); provided, however, that an outdoor advertising device that uses only a small digital display, not to exceed one hundred square feet (100 sq. ft.) in total area, within a larger non-digital sign face is not subject to the minimum spacing requirement established in this subdivision (b)(3), or to any application for a specific digital display permit or permit addendum as established in subsections (c) and (d), or to any fee for a permit addendum as established in § 54-21-104(b) .
(1) The message display time must remain static for a minimum of eight (8) seconds with a maximum change time of two (2) seconds;
(2) Video, continuous scrolling messages, and animation are prohibited; and
(3) The minimum spacing of the changeable message signs with a digital display facing the same direction of travel on the same side of the interstate system or controlled access highways is two thousand feet (2,000'); provided, however, that an outdoor advertising device that uses only a small digital display, not to exceed one hundred square feet (100 sq. ft.) in total area, within a larger non-digital sign face is not subject to the minimum spacing requirement established in this subdivision (b)(3), or to any application for a specific digital display permit or permit addendum as established in subsections (c) and (d), or to any fee for a permit addendum as established in § 54-21-104(b) .
(c) A person shall not erect, operate, use, or maintain a changeable message sign with a digital display in a new location without first obtaining a permit and tag expressly authorizing a changeable message sign with a digital display, and annually renewing the permit and tag, as provided in § 54-21-104 . The department shall not require any additional permit under this subsection (c) for an outdoor advertising device with a digital display lawfully permitted, erected, and in operation prior to June 22, 2020.
(d) A person shall not erect, operate, use, or maintain a changeable message sign with a digital display in place of or as an addition to any existing permitted outdoor advertising device without first obtaining, and annually renewing with the permit, an addendum to the permit expressly authorizing a changeable message sign with a digital display in that location as provided in § 54-21-104(b)(3) .
(e) The commissioner shall under no circumstances permit or authorize any person to erect, operate, use, or maintain a changeable message sign of any type as a replacement for or as an addition to any nonconforming outdoor advertising device or in any nonconforming location.
(f) Notwithstanding any other law to the contrary, a person who is granted a permit or an addendum to a permit authorizing a changeable message sign with a digital display in accordance with subsection (c) or (d) has up to, but no more than, twelve (12) months after the date on which the permit or addendum is granted within which to erect and begin displaying an outdoor advertising message on the changeable message sign; provided, however, that prior to the expiration of this twelve-month period, and upon making application to the commissioner and paying an additional permit fee in the amount of two hundred dollars ($200), the permit holder may obtain an additional twelve (12) months within which to erect and begin displaying an outdoor advertising message on the changeable message sign. This additional two-hundred-dollar fee is separate from any annual permit renewal fee required under § 54-21-104 . If the permitted or authorized changeable message sign with a digital display is not erected and displaying a message within the required time, or as extended, the permit or addendum to the permit will be revoked and the changeable message sign with the digital display must be removed by the applicant or subject to removal by the commissioner as provided in § 54-21-105 .
(g) Any application for a permit or addendum for a digital display as described in this section may be made using the form for an application for permit for an outdoor advertising device existing on June 22, 2020, until a separate form is available.
(h) (1) All changeable message signs installed on or after July 1, 2014, must come equipped with a light-sensing device that automatically adjusts the brightness in direct correlation with ambient light conditions. (2) The brightness of light emitted from a changeable message sign must not exceed 0.3 foot candles over ambient light levels measured at a distance of one hundred fifty feet (150') for those sign faces less than or equal to three hundred square feet (300 sq. ft.), measured at a distance of two hundred feet (200') for those sign faces greater than three hundred square feet (300 sq. ft.) but less than or equal to three hundred eighty-five square feet (385 sq. ft.), measured at a distance of two hundred fifty feet (250') for those sign faces greater than three hundred eighty-five square feet (385 sq. ft.) and less than or equal to six hundred eighty square feet (680 sq. ft.), measured at a distance of three hundred fifty feet (350') for those sign faces greater than six hundred eighty square feet (680 sq. ft.), or subject to the measuring criteria in the applicable table set forth in subdivision (h)(4). (3) Any measurements required pursuant to this subsection (h) must be taken from a point within the highway right-of-way at a safe distance from the edge of the traveled way, at a height above the roadway that approximates a motorist's line of sight, and as close to perpendicular to the face of the changeable message sign as practical. If perpendicular measurement is not practical, valid measurements may be taken at an angle up to forty-five (45) degrees from the center point of the sign face. If measurement shows a level above that prescribed in subdivision (h)(4), the exact calculations must be provided to the sign permit holder. (4) In the event it is found not to be practical to measure a changeable message sign at the distances prescribed in subdivision (h)(2), a measurer may opt to measure the sign at any of the alternative measuring distances described in the applicable table set forth in this subdivision (h)(4). In the event the sign measurer chooses to measure the sign using an alternative measuring distance, the prescribed foot candle level above ambient light must not exceed the prescribed level, to be determined based on the alternative measuring distances set forth in the tables in subdivisions (h)(4)(A), (B), (C), and (D), as applicable. For any measuring distance between the alternative measuring distances set forth in the following tables, the prescribed foot candle level above ambient light must not exceed the interpolated level derived from the following formula: [l2 = (D2<2>/D1<2>) x l1] Where l1 = the prescribed foot candle level above ambient light for the measuring distance listed in the tables, l2 = the derived foot candle level above ambient light for the desired measuring distance, D1 = the desired measuring distance in feet, and D2 = the alternative measuring distance in feet listed in the tables, as follows: (A) For changeable message signs less than or equal to three hundred square feet (300 sq. ft.): Alternative Measuring Distance: Prescribed Foot Candle Level: 100 0.68 125 0.43 150 0.3 200 0.17 250 0.11 275 0.09 300 0.08 325 0.06 350 0.06 400 0.04 (B) For changeable message signs greater than three hundred square feet (300 sq. ft.) but less than or equal to three hundred eighty-five square feet (385 sq. ft.): Alternative Measuring Distance: Prescribed Foot Candle Level: 100 1.2 125 0.77 150 0.53 200 0.3 250 0.19 275 0.16 300 0.13 325 0.11 350 0.1 400 0.08 (C) For changeable message signs greater than three hundred eighty-five square feet (385 sq. ft.) but less than or equal to six hundred eighty square feet (680 sq. ft.): Alternative Measuring Distance: Prescribed Foot Candle Level: 100 1.88 125 1.2 150 0.83 200 0.47 250 0.3 275 0.25 300 0.21 325 0.18 350 0.15 400 0.12 (D) For changeable message signs greater than six hundred eighty square feet (680 sq. ft.): Alternative Measuring Distance: Prescribed Foot Candle Level: 100 3.675 125 2.35 150 1.63 200 0.92 250 0.59 275 0.49 300 0.41 325 0.35 350 0.3 400 0.23 425 0.2 450 0.18 500 0.15 (5) This subsection (h) applies to all changeable message signs located in this state operated pursuant to a permit issued by the commissioner.
(1) All changeable message signs installed on or after July 1, 2014, must come equipped with a light-sensing device that automatically adjusts the brightness in direct correlation with ambient light conditions.
(2) The brightness of light emitted from a changeable message sign must not exceed 0.3 foot candles over ambient light levels measured at a distance of one hundred fifty feet (150') for those sign faces less than or equal to three hundred square feet (300 sq. ft.), measured at a distance of two hundred feet (200') for those sign faces greater than three hundred square feet (300 sq. ft.) but less than or equal to three hundred eighty-five square feet (385 sq. ft.), measured at a distance of two hundred fifty feet (250') for those sign faces greater than three hundred eighty-five square feet (385 sq. ft.) and less than or equal to six hundred eighty square feet (680 sq. ft.), measured at a distance of three hundred fifty feet (350') for those sign faces greater than six hundred eighty square feet (680 sq. ft.), or subject to the measuring criteria in the applicable table set forth in subdivision (h)(4).
(3) Any measurements required pursuant to this subsection (h) must be taken from a point within the highway right-of-way at a safe distance from the edge of the traveled way, at a height above the roadway that approximates a motorist's line of sight, and as close to perpendicular to the face of the changeable message sign as practical. If perpendicular measurement is not practical, valid measurements may be taken at an angle up to forty-five (45) degrees from the center point of the sign face. If measurement shows a level above that prescribed in subdivision (h)(4), the exact calculations must be provided to the sign permit holder.
(4) In the event it is found not to be practical to measure a changeable message sign at the distances prescribed in subdivision (h)(2), a measurer may opt to measure the sign at any of the alternative measuring distances described in the applicable table set forth in this subdivision (h)(4). In the event the sign measurer chooses to measure the sign using an alternative measuring distance, the prescribed foot candle level above ambient light must not exceed the prescribed level, to be determined based on the alternative measuring distances set forth in the tables in subdivisions (h)(4)(A), (B), (C), and (D), as applicable. For any measuring distance between the alternative measuring distances set forth in the following tables, the prescribed foot candle level above ambient light must not exceed the interpolated level derived from the following formula: [l2 = (D2<2>/D1<2>) x l1] Where l1 = the prescribed foot candle level above ambient light for the measuring distance listed in the tables, l2 = the derived foot candle level above ambient light for the desired measuring distance, D1 = the desired measuring distance in feet, and D2 = the alternative measuring distance in feet listed in the tables, as follows: (A) For changeable message signs less than or equal to three hundred square feet (300 sq. ft.): Alternative Measuring Distance: Prescribed Foot Candle Level: 100 0.68 125 0.43 150 0.3 200 0.17 250 0.11 275 0.09 300 0.08 325 0.06 350 0.06 400 0.04 (B) For changeable message signs greater than three hundred square feet (300 sq. ft.) but less than or equal to three hundred eighty-five square feet (385 sq. ft.): Alternative Measuring Distance: Prescribed Foot Candle Level: 100 1.2 125 0.77 150 0.53 200 0.3 250 0.19 275 0.16 300 0.13 325 0.11 350 0.1 400 0.08 (C) For changeable message signs greater than three hundred eighty-five square feet (385 sq. ft.) but less than or equal to six hundred eighty square feet (680 sq. ft.): Alternative Measuring Distance: Prescribed Foot Candle Level: 100 1.88 125 1.2 150 0.83 200 0.47 250 0.3 275 0.25 300 0.21 325 0.18 350 0.15 400 0.12 (D) For changeable message signs greater than six hundred eighty square feet (680 sq. ft.): Alternative Measuring Distance: Prescribed Foot Candle Level: 100 3.675 125 2.35 150 1.63 200 0.92 250 0.59 275 0.49 300 0.41 325 0.35 350 0.3 400 0.23 425 0.2 450 0.18 500 0.15
[l2 = (D2<2>/D1<2>) x l1]
Where l1 = the prescribed foot candle level above ambient light for the measuring distance listed in the tables, l2 = the derived foot candle level above ambient light for the desired measuring distance, D1 = the desired measuring distance in feet, and D2 = the alternative measuring distance in feet listed in the tables, as follows:
(A) For changeable message signs less than or equal to three hundred square feet (300 sq. ft.): Alternative Measuring Distance: Prescribed Foot Candle Level: 100 0.68 125 0.43 150 0.3 200 0.17 250 0.11 275 0.09 300 0.08 325 0.06 350 0.06 400 0.04
Alternative Measuring Distance: Prescribed Foot Candle Level: 100 0.68 125 0.43 150 0.3 200 0.17 250 0.11 275 0.09 300 0.08 325 0.06 350 0.06 400 0.04
Alternative Measuring Distance:
Prescribed Foot Candle Level:
100
0.68
125
0.43
150
0.3
200
0.17
250
0.11
275
0.09
300
0.08
325
0.06
350
0.06
400
0.04
(B) For changeable message signs greater than three hundred square feet (300 sq. ft.) but less than or equal to three hundred eighty-five square feet (385 sq. ft.): Alternative Measuring Distance: Prescribed Foot Candle Level: 100 1.2 125 0.77 150 0.53 200 0.3 250 0.19 275 0.16 300 0.13 325 0.11 350 0.1 400 0.08
Alternative Measuring Distance: Prescribed Foot Candle Level: 100 1.2 125 0.77 150 0.53 200 0.3 250 0.19 275 0.16 300 0.13 325 0.11 350 0.1 400 0.08
Alternative Measuring Distance:
Prescribed Foot Candle Level:
100
1.2
125
0.77
150
0.53
200
0.3
250
0.19
275
0.16
300
0.13
325
0.11
350
0.1
400
0.08
(C) For changeable message signs greater than three hundred eighty-five square feet (385 sq. ft.) but less than or equal to six hundred eighty square feet (680 sq. ft.): Alternative Measuring Distance: Prescribed Foot Candle Level: 100 1.88 125 1.2 150 0.83 200 0.47 250 0.3 275 0.25 300 0.21 325 0.18 350 0.15 400 0.12
Alternative Measuring Distance: Prescribed Foot Candle Level: 100 1.88 125 1.2 150 0.83 200 0.47 250 0.3 275 0.25 300 0.21 325 0.18 350 0.15 400 0.12
Alternative Measuring Distance:
Prescribed Foot Candle Level:
100
1.88
125
1.2
150
0.83
200
0.47
250
0.3
275
0.25
300
0.21
325
0.18
350
0.15
400
0.12
(D) For changeable message signs greater than six hundred eighty square feet (680 sq. ft.): Alternative Measuring Distance: Prescribed Foot Candle Level: 100 3.675 125 2.35 150 1.63 200 0.92 250 0.59 275 0.49 300 0.41 325 0.35 350 0.3 400 0.23 425 0.2 450 0.18 500 0.15
Alternative Measuring Distance: Prescribed Foot Candle Level: 100 3.675 125 2.35 150 1.63 200 0.92 250 0.59 275 0.49 300 0.41 325 0.35 350 0.3 400 0.23 425 0.2 450 0.18 500 0.15
Alternative Measuring Distance:
Prescribed Foot Candle Level:
100
3.675
125
2.35
150
1.63
200
0.92
250
0.59
275
0.49
300
0.41
325
0.35
350
0.3
400
0.23
425
0.2
450
0.18
500
0.15
(5) This subsection (h) applies to all changeable message signs located in this state operated pursuant to a permit issued by the commissioner.
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Amended by 2018 Tenn. Acts, ch. 683, s 3, eff. 7/1/2018.
Acts 1983, ch. 133, §§ 5, 6; 1984, ch. 850, § 1; 1999, ch. 63, § 1.
Tenn. Code Ann. § 54-12-312 — TN Code / Title 54 / Chapter 12 / Section 54-12-312
Bond required of engineer
Status: in_force

The board of directors shall require the engineer to give bond in a sum that it deems proper for the faithful performance of the engineer's duties, the bond to be payable to the county or state, for the use of the improvement district, and filed with the county clerk and recorded in the road improvement record. Acts 1919, ch. 193, § 82; Shan. Supp., § 1682a96; Code 1932, § 2910; T.C.A. (orig. ed.), § 54-1512.
The board of directors shall require the engineer to give bond in a sum that it deems proper for the faithful performance of the engineer's duties, the bond to be payable to the county or state, for the use of the improvement district, and filed with the county clerk and recorded in the road improvement record.
Acts 1919, ch. 193, § 82; Shan. Supp., § 1682a96; Code 1932, § 2910; T.C.A. (orig. ed.), § 54-1512.
Tenn. Code Ann. § 54-12-420 — TN Code / Title 54 / Chapter 12 / Section 54-12-420
Adjudication of redemption - Declaring land that of owner so redeeming - Writ of possession
Status: in_force

When the lands are redeemed as provided in §§ 54-12-418 , 54-12-419 , this section and § 54-12-421 , and this fact is made satisfactorily to appear to the chancery court, the court shall enter a decree in the cause, adjudging the land redeemed and declaring it to be the property of the owner redeeming the property, or of the owner's heirs or assigns, if redeemed by the owner's heirs or assigns, and if necessary may award a writ of possession to put the person redeeming in possession of the land. Acts 1919, ch. 193, § 102; Shan. Supp., § 1682a116; Code 1932, § 2931; T.C.A. (orig. ed.), § 54-1620.
When the lands are redeemed as provided in §§ 54-12-418 , 54-12-419 , this section and § 54-12-421 , and this fact is made satisfactorily to appear to the chancery court, the court shall enter a decree in the cause, adjudging the land redeemed and declaring it to be the property of the owner redeeming the property, or of the owner's heirs or assigns, if redeemed by the owner's heirs or assigns, and if necessary may award a writ of possession to put the person redeeming in possession of the land.
Acts 1919, ch. 193, § 102; Shan. Supp., § 1682a116; Code 1932, § 2931; T.C.A. (orig. ed.), § 54-1620.
Tenn. Code Ann. § 54-2-104 — TN Code / Title 54 / Chapter 2 / Section 54-2-104
Disbursement of department of transportation funds - Voucher-warrant - Preparation and form
Status: in_force

Upon the receipt by the commissioner of transportation of any project estimate, account or other item of disbursement other than payroll payments, it shall be the duty of the commissioner to prepare a voucher-warrant for the amount for which the commissioner approves the account, project estimate or other disbursement, payable to the party entitled to the disbursement, and approved by the commissioner. The voucher-warrant shall be transmitted to the commissioner of finance and administration, together with the statement of account, estimate or other disbursement the commissioner may require, and when the voucher-warrant has been approved by the commissioner of finance and administration in accordance with law, the commissioner of finance and administration shall sign the voucher-warrant and shall deliver the voucher-warrant to the department of transportation for transmission to the party entitled to the voucher-warrant. When made out by the commissioner of transportation, the voucher-warrant shall contain the project number for which it is drawn and other memoranda or data the commissioner of transportation may deem requisite for purposes of identification and record. Upon presentation of the voucher-warrant, when properly signed by the commissioner of finance and administration and the commissioner of transportation, it shall be the duty of the state treasurer to pay the voucher-warrant. Acts 1931 (2nd E.S.), ch. 7, § 1; mod. C. Supp. 1950, § 3196.2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-204; Acts 1981, ch. 264, § 12.
Upon the receipt by the commissioner of transportation of any project estimate, account or other item of disbursement other than payroll payments, it shall be the duty of the commissioner to prepare a voucher-warrant for the amount for which the commissioner approves the account, project estimate or other disbursement, payable to the party entitled to the disbursement, and approved by the commissioner. The voucher-warrant shall be transmitted to the commissioner of finance and administration, together with the statement of account, estimate or other disbursement the commissioner may require, and when the voucher-warrant has been approved by the commissioner of finance and administration in accordance with law, the commissioner of finance and administration shall sign the voucher-warrant and shall deliver the voucher-warrant to the department of transportation for transmission to the party entitled to the voucher-warrant. When made out by the commissioner of transportation, the voucher-warrant shall contain the project number for which it is drawn and other memoranda or data the commissioner of transportation may deem requisite for purposes of identification and record. Upon presentation of the voucher-warrant, when properly signed by the commissioner of finance and administration and the commissioner of transportation, it shall be the duty of the state treasurer to pay the voucher-warrant.
Acts 1931 (2nd E.S.), ch. 7, § 1; mod. C. Supp. 1950, § 3196.2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-204; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-7-115 — TN Code / Title 54 / Chapter 7 / Section 54-7-115
Authorization to receive materials, property, services, funds or supplies for benefit of county highway department - Road repairs by private persons and entities
Status: in_force

(a) A county highway department is authorized to receive materials, property, services, funds or supplies for the benefit of the county highway department, which materials, property, services, funds or supplies shall be used or disbursed in good faith in accordance with the terms or conditions of the donation or reimbursement. Funds so received shall be paid into the office of the county trustee, credited to the county highway fund and disbursed according to law as other funds of the county highway department. (b) The county highway department may adopt a policy to authorize private persons or entities to repair county roads to bring a road damaged by that person or entity up to the condition or standard of the road previous to the damage caused by the private person or entity. Acts 1990, ch. 765, § 1.
(a) A county highway department is authorized to receive materials, property, services, funds or supplies for the benefit of the county highway department, which materials, property, services, funds or supplies shall be used or disbursed in good faith in accordance with the terms or conditions of the donation or reimbursement. Funds so received shall be paid into the office of the county trustee, credited to the county highway fund and disbursed according to law as other funds of the county highway department.
(b) The county highway department may adopt a policy to authorize private persons or entities to repair county roads to bring a road damaged by that person or entity up to the condition or standard of the road previous to the damage caused by the private person or entity.
Acts 1990, ch. 765, § 1.
Tenn. Code Ann. § 54-11-217 — TN Code / Title 54 / Chapter 11 / Section 54-11-217
Tax for payment of bridge or causeway
Status: in_force

Public bridges and causeways on public roads, erected by order of the county legislative body, shall be paid for by a tax on polls and other taxables, to be set by the county legislative body, and not to exceed, in any year, the amount of the state tax. Code 1858, § 1270 (deriv. Acts 1835-1836, ch. 29, § 2); Shan., § 1734; Code 1932, § 3060; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1123.
Public bridges and causeways on public roads, erected by order of the county legislative body, shall be paid for by a tax on polls and other taxables, to be set by the county legislative body, and not to exceed, in any year, the amount of the state tax.
Code 1858, § 1270 (deriv. Acts 1835-1836, ch. 29, § 2); Shan., § 1734; Code 1932, § 3060; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1123.
Tenn. Code Ann. § 54-3-105 — TN Code / Title 54 / Chapter 3 / Section 54-3-105
Establishment of state user fee fund
Status: in_force

(a) The department of finance and administration is authorized to establish such funds, in the state treasury and/or with a trustee, paying agent or other custodian, as may be necessary, convenient or desirable to implement this chapter and to comply with the terms of any resolution or indenture authorizing any bonds. (b) The following shall be credited to the state user fee fund as established in accordance with this section: (1) All user fee revenues received by the department; (2) Any revenues or funds that the general assembly may appropriate to the state user fee fund; (3) Any proceeds of bonds or other indebtedness incurred by the state to finance costs associated with the development of user fee facility projects; (4) Any funds the department may receive from the federal government or any other government agency or private entity that by grant, donation, loan, or otherwise is permitted to be deposited in the state user fee fund for the purposes of the state user fee fund; and (5) Any interest earnings on deposits of or investments made from any funds held in the state user fee fund, unless otherwise permitted or required by a resolution or indenture authorizing bonds. (c) At the request of the commissioner, as approved by the board, the state funding board may pledge, encumber, transfer, or otherwise obligate funds held in the state user fee fund as security for bonds, hedging agreements, ancillary agreements or other indebtedness incurred by the state on behalf of the department for the purpose of developing and operating a user fee facility, subject to any resolutions or indentures authorizing bonds or other evidences of indebtedness. (d) The state user fee fund may be used for the following purposes: (1) To defray costs associated with the development and operation of user fee facilities authorized under this chapter; (2) To pay the principal, interest and any premium due with respect to any bonds issued or other indebtedness incurred by the state for any user fee facility project, and to pay any costs incurred by the department or state funding board in connection with the issuance and payment of the bonds or other indebtedness; (3) To pledge as security for bonds, hedging agreements, ancillary agreements or other indebtedness incurred by the state on behalf of the department for the purpose of developing and operating a user fee facility; and (4) Any other manner that the state highway fund may be lawfully used. Amended by 2023 Tenn. Acts, ch. 159, s 21, eff. 4/17/2023. Amended by 2023 Tenn. Acts, ch. 159, s 20, eff. 4/17/2023. Acts 2007 , ch. 597, § 6.
(a) The department of finance and administration is authorized to establish such funds, in the state treasury and/or with a trustee, paying agent or other custodian, as may be necessary, convenient or desirable to implement this chapter and to comply with the terms of any resolution or indenture authorizing any bonds.
(b) The following shall be credited to the state user fee fund as established in accordance with this section: (1) All user fee revenues received by the department; (2) Any revenues or funds that the general assembly may appropriate to the state user fee fund; (3) Any proceeds of bonds or other indebtedness incurred by the state to finance costs associated with the development of user fee facility projects; (4) Any funds the department may receive from the federal government or any other government agency or private entity that by grant, donation, loan, or otherwise is permitted to be deposited in the state user fee fund for the purposes of the state user fee fund; and (5) Any interest earnings on deposits of or investments made from any funds held in the state user fee fund, unless otherwise permitted or required by a resolution or indenture authorizing bonds.
(1) All user fee revenues received by the department;
(2) Any revenues or funds that the general assembly may appropriate to the state user fee fund;
(3) Any proceeds of bonds or other indebtedness incurred by the state to finance costs associated with the development of user fee facility projects;
(4) Any funds the department may receive from the federal government or any other government agency or private entity that by grant, donation, loan, or otherwise is permitted to be deposited in the state user fee fund for the purposes of the state user fee fund; and
(5) Any interest earnings on deposits of or investments made from any funds held in the state user fee fund, unless otherwise permitted or required by a resolution or indenture authorizing bonds.
(c) At the request of the commissioner, as approved by the board, the state funding board may pledge, encumber, transfer, or otherwise obligate funds held in the state user fee fund as security for bonds, hedging agreements, ancillary agreements or other indebtedness incurred by the state on behalf of the department for the purpose of developing and operating a user fee facility, subject to any resolutions or indentures authorizing bonds or other evidences of indebtedness.
(d) The state user fee fund may be used for the following purposes: (1) To defray costs associated with the development and operation of user fee facilities authorized under this chapter; (2) To pay the principal, interest and any premium due with respect to any bonds issued or other indebtedness incurred by the state for any user fee facility project, and to pay any costs incurred by the department or state funding board in connection with the issuance and payment of the bonds or other indebtedness; (3) To pledge as security for bonds, hedging agreements, ancillary agreements or other indebtedness incurred by the state on behalf of the department for the purpose of developing and operating a user fee facility; and (4) Any other manner that the state highway fund may be lawfully used.
(1) To defray costs associated with the development and operation of user fee facilities authorized under this chapter;
(2) To pay the principal, interest and any premium due with respect to any bonds issued or other indebtedness incurred by the state for any user fee facility project, and to pay any costs incurred by the department or state funding board in connection with the issuance and payment of the bonds or other indebtedness;
(3) To pledge as security for bonds, hedging agreements, ancillary agreements or other indebtedness incurred by the state on behalf of the department for the purpose of developing and operating a user fee facility; and
(4) Any other manner that the state highway fund may be lawfully used.
Amended by 2023 Tenn. Acts, ch. 159, s 21, eff. 4/17/2023.
Amended by 2023 Tenn. Acts, ch. 159, s 20, eff. 4/17/2023.
Acts 2007 , ch. 597, § 6.
Tenn. Code Ann. § 54-2-105 — TN Code / Title 54 / Chapter 2 / Section 54-2-105
Payroll accounts - Depository bond
Status: in_force

When, in the course of the work of the department of transportation, the commissioner of transportation finds it necessary to make payments of salaries or personal expenses, or both, now authorized by law to the personnel of the department, in all cases except where an appropriation for salaries and expenses and/or wages is made by the general appropriations act, the commissioner shall prepare in duplicate payrolls and/or expense accounts, showing in detail the payments due to each and every employee of the department, properly itemizing all expense accounts, which payrolls and expense accounts may be in one (1) document or in several, at the discretion of the commissioner. The original of the payrolls shall be filed in the department and a duplicate copy of the payrolls shall be certified by the commissioner as being correct, and the commissioner shall then draw a voucher-warrant for the total amount of the payroll or payrolls, and the voucher-warrant, when found to be correct by the commissioner of finance and administration, shall be signed by the commissioner of finance and administration. Upon presentation of the voucher-warrant to the state treasurer, it shall be the state treasurer's duty to pay the voucher-warrant and to deposit the proceeds of the voucher-warrant into a state depository the state treasurer selects, the voucher-warrant to be deposited to the credit of the commissioner of transportation, payroll account. The commissioner of transportation may then draw checks payable to the order of the respective parties to whom the salaries, wages and/or expenses may be due for the amounts due each. The payrolls, when in possession of the state depository designated by the state treasurer, shall be protected by the regular depository bond. All checks drawn by the commissioner of transportation on the payroll account shall be segregated month by month and preserved for a period of twelve (12) months and, at the expiration of the twelve-month period, the commissioner of transportation may transfer the checks to the archives of the state. Acts 1931 (2nd Ex. Sess.), ch. 7, § 2; mod. C. Supp. 1950, § 3196.3; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-205; Acts 1981, ch. 264, § 12.
When, in the course of the work of the department of transportation, the commissioner of transportation finds it necessary to make payments of salaries or personal expenses, or both, now authorized by law to the personnel of the department, in all cases except where an appropriation for salaries and expenses and/or wages is made by the general appropriations act, the commissioner shall prepare in duplicate payrolls and/or expense accounts, showing in detail the payments due to each and every employee of the department, properly itemizing all expense accounts, which payrolls and expense accounts may be in one (1) document or in several, at the discretion of the commissioner. The original of the payrolls shall be filed in the department and a duplicate copy of the payrolls shall be certified by the commissioner as being correct, and the commissioner shall then draw a voucher-warrant for the total amount of the payroll or payrolls, and the voucher-warrant, when found to be correct by the commissioner of finance and administration, shall be signed by the commissioner of finance and administration. Upon presentation of the voucher-warrant to the state treasurer, it shall be the state treasurer's duty to pay the voucher-warrant and to deposit the proceeds of the voucher-warrant into a state depository the state treasurer selects, the voucher-warrant to be deposited to the credit of the commissioner of transportation, payroll account. The commissioner of transportation may then draw checks payable to the order of the respective parties to whom the salaries, wages and/or expenses may be due for the amounts due each. The payrolls, when in possession of the state depository designated by the state treasurer, shall be protected by the regular depository bond. All checks drawn by the commissioner of transportation on the payroll account shall be segregated month by month and preserved for a period of twelve (12) months and, at the expiration of the twelve-month period, the commissioner of transportation may transfer the checks to the archives of the state.
Acts 1931 (2nd Ex. Sess.), ch. 7, § 2; mod. C. Supp. 1950, § 3196.3; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-205; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-4-403 — TN Code / Title 54 / Chapter 4 / Section 54-4-403
Annual program of work
Status: in_force

When the state-aid highway system has been designated as provided in § 54-4-402 , the local authorities having authority over the selected roads shall submit an annual program to the department specifying the type of work to be performed in the local entity on the state-aid highway system. The types of qualifying work may include the planning, engineering, right-of-way acquisition, construction, improvement, and rehabilitation of roads and bridges. Upon approval of this annual program by the commissioner, within the funds allocated for the local agency, the program of work shall be carried out as provided in this part. Acts 1983, ch. 320, § 2; T.C.A., § 54-6-203.
When the state-aid highway system has been designated as provided in § 54-4-402 , the local authorities having authority over the selected roads shall submit an annual program to the department specifying the type of work to be performed in the local entity on the state-aid highway system. The types of qualifying work may include the planning, engineering, right-of-way acquisition, construction, improvement, and rehabilitation of roads and bridges. Upon approval of this annual program by the commissioner, within the funds allocated for the local agency, the program of work shall be carried out as provided in this part.
Acts 1983, ch. 320, § 2; T.C.A., § 54-6-203.
Tenn. Code Ann. § 54-5-143 — TN Code / Title 54 / Chapter 5 / Section 54-5-143
Welcome signs
Status: in_force

(a) The department of transportation is directed to include the language "The Volunteer State" on all highway signs welcoming visitors to the state. The language shall be added to the signs whenever the signs are replaced or modified for another purpose. (b) Notwithstanding any rule, regulation or law to the contrary, a city, county or metropolitan "welcome" sign erected on a state right-of-way prior to February 14, 1994, shall not be required to be removed, relocated or dismantled by the department of transportation. Nothing in this section shall be construed to preclude a city, county or metropolitan government from entering into an agreement with the department to remove, relocate or dismantle a "welcome" sign. Acts 1995, ch. 476, § 1; 1999, ch. 450, § 4; T.C.A. § 54-5-144 .
(a) The department of transportation is directed to include the language "The Volunteer State" on all highway signs welcoming visitors to the state. The language shall be added to the signs whenever the signs are replaced or modified for another purpose.
(b) Notwithstanding any rule, regulation or law to the contrary, a city, county or metropolitan "welcome" sign erected on a state right-of-way prior to February 14, 1994, shall not be required to be removed, relocated or dismantled by the department of transportation. Nothing in this section shall be construed to preclude a city, county or metropolitan government from entering into an agreement with the department to remove, relocate or dismantle a "welcome" sign.
Acts 1995, ch. 476, § 1; 1999, ch. 450, § 4; T.C.A. § 54-5-144 .
Tenn. Code Ann. § 54-11-203 — TN Code / Title 54 / Chapter 11 / Section 54-11-203
Bridges to be made by two counties - Apportionment of cost
Status: in_force

When a bridge is necessary over any creek or river that divides one county from another, the legislative body of each county shall join in an agreement for building, keeping, and repairing it, and the charge shall be defrayed by both counties in proportion to the number of taxable polls in each county. Code 1858, § 1213 (deriv. Acts 1804, ch. 1, § 5); Shan., § 1709; Code 1932, § 3019; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1109.
When a bridge is necessary over any creek or river that divides one county from another, the legislative body of each county shall join in an agreement for building, keeping, and repairing it, and the charge shall be defrayed by both counties in proportion to the number of taxable polls in each county.
Code 1858, § 1213 (deriv. Acts 1804, ch. 1, § 5); Shan., § 1709; Code 1932, § 3019; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1109.
Tenn. Code Ann. § 54-5-708 — TN Code / Title 54 / Chapter 5 / Section 54-5-708
Directional signs denoting certain educational institutions
Status: in_force

It may be the duty of the department to implement a directional signing program for all institutions of higher learning, state colleges of applied technology, and state-operated special schools throughout the state, as follows: (1) (A) Institutions that are located within ten (10) miles of an interchange on the federal-aid interstate system of highways shall be signed on the interstate highway system; provided, that all state community colleges may be signed on the highway system if the colleges are within nineteen (19) miles of an interchange on the highway system. Each institution meeting this criterion shall be signed at only one (1) interchange and shall be signed at the closest location, except where more than two (2) destinations are required to be signed at the same interchange. When this condition occurs, the two (2) closest institutions to the interchange shall be signed, with the remaining institution or institutions being signed at the second closest interchange; (B) Notwithstanding any law to the contrary, any state community colleges that are within the service area of Roane State Community College, located in any county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census, or any subsequent federal census, and located within five (5) miles of Interstate 75, must be signed pursuant to subdivision (1)(A) regardless of the number of students enrolled in the colleges; (2) Institutions that are not signed on the federal-aid interstate system of highways shall be signed at the road entering the state highway system nearest the institution; and (3) All signing shall meet federal highway administration requirements regarding the number of lines of sign legend, sign location and spacing. Amended by 2021 Tenn. Acts, ch. 438, s 1, eff. 5/13/2021. Amended by 2013 Tenn. Acts, ch. 473, s 25, eff. 7/1/2013. Acts 1974, ch. 766, § 1; 1977, ch. 266, § 1; 1979, ch. 393, § 1; T.C.A., § 54-584.
It may be the duty of the department to implement a directional signing program for all institutions of higher learning, state colleges of applied technology, and state-operated special schools throughout the state, as follows:
(1) (A) Institutions that are located within ten (10) miles of an interchange on the federal-aid interstate system of highways shall be signed on the interstate highway system; provided, that all state community colleges may be signed on the highway system if the colleges are within nineteen (19) miles of an interchange on the highway system. Each institution meeting this criterion shall be signed at only one (1) interchange and shall be signed at the closest location, except where more than two (2) destinations are required to be signed at the same interchange. When this condition occurs, the two (2) closest institutions to the interchange shall be signed, with the remaining institution or institutions being signed at the second closest interchange; (B) Notwithstanding any law to the contrary, any state community colleges that are within the service area of Roane State Community College, located in any county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census, or any subsequent federal census, and located within five (5) miles of Interstate 75, must be signed pursuant to subdivision (1)(A) regardless of the number of students enrolled in the colleges;
(A) Institutions that are located within ten (10) miles of an interchange on the federal-aid interstate system of highways shall be signed on the interstate highway system; provided, that all state community colleges may be signed on the highway system if the colleges are within nineteen (19) miles of an interchange on the highway system. Each institution meeting this criterion shall be signed at only one (1) interchange and shall be signed at the closest location, except where more than two (2) destinations are required to be signed at the same interchange. When this condition occurs, the two (2) closest institutions to the interchange shall be signed, with the remaining institution or institutions being signed at the second closest interchange;
(B) Notwithstanding any law to the contrary, any state community colleges that are within the service area of Roane State Community College, located in any county having a population of not less than forty thousand seven hundred (40,700) nor more than forty thousand eight hundred (40,800), according to the 2010 federal census, or any subsequent federal census, and located within five (5) miles of Interstate 75, must be signed pursuant to subdivision (1)(A) regardless of the number of students enrolled in the colleges;
(2) Institutions that are not signed on the federal-aid interstate system of highways shall be signed at the road entering the state highway system nearest the institution; and
(3) All signing shall meet federal highway administration requirements regarding the number of lines of sign legend, sign location and spacing.
Amended by 2021 Tenn. Acts, ch. 438, s 1, eff. 5/13/2021.
Amended by 2013 Tenn. Acts, ch. 473, s 25, eff. 7/1/2013.
Acts 1974, ch. 766, § 1; 1977, ch. 266, § 1; 1979, ch. 393, § 1; T.C.A., § 54-584.
Tenn. Code Ann. § 54-21-116 — TN Code / Title 54 / Chapter 21 / Section 54-21-116
Vegetation control permits and fees
Status: in_force

(a) (1) The commissioner shall issue to the owners or holders of lawfully issued outdoor advertising device permits, which definition includes those described as legal conforming, grandfathered, and nonconforming outdoor advertising devices in federal regulations, when the face of the outdoor advertising device is generally visible to occupants of vehicles from the main traveled ways of the system on the date of erection, permits to remove, block cut, or trim vegetation located on the right-of-way adjacent to the outdoor advertising device and replace the vegetation as directed, whenever the vegetation prevents clear visibility for a distance not to exceed five hundred yards (500 yds.) to occupants of vehicles using the main traveled ways of the controlled systems. Notwithstanding this chapter to the contrary, vegetation that, on the date of erection of the outdoor advertising device, blocks the view of the outdoor advertising device, in whole or in any part, for a distance not to exceed five hundred yards (500 yds.), to occupants of vehicles using the main traveled ways, is not eligible for removal under a vegetation control permit. The maximum area to be controlled shall not exceed five hundred feet (500'). The regional engineering director for the department shall issue a vegetation control permit where all criteria are met, following submission of information specified and a nonrefundable fee of one hundred dollars ($100) for each face involved. Vegetation control permits will be issued upon payment of a fee of one hundred fifty dollars ($150) per face for supervision of the work. All fees received by the commissioner under this section shall be deposited to the highway fund for the administration of this part. Each subsequent year a maintenance permit may be purchased for fifty dollars ($50.00) to provide annual maintenance at any one (1) location that is consistent with the original vegetation control permit. Vegetation permits issued pursuant to the Billboard Regulation and Control Act of 1972, compiled in this chapter as it existed prior to June 22, 2020, shall be reinstated under chapter 706 of the Public Acts of 2020. Alternatively, the owner of the device may apply for a new vegetation control permit, and the department shall issue the permit. (2) No later than thirty (30) days from June 22, 2020, the commissioner shall develop and make available any forms necessary to apply for a permit and shall begin accepting and considering such applications. The commissioner shall use best efforts to process an application for a permit, in accordance with the rules of the department, within no greater than thirty (30) days after a completed application is received. If the application is incomplete or defective on its face, the commissioner shall notify an applicant in writing no later than fifteen (15) days of receipt of the filed application of its incomplete or defective status, and indicate the information or documentation that is needed to complete or correct the application. If a decision to approve or deny the application cannot be made within thirty (30) days after receipt of the completed or corrected application, the commissioner shall contact the applicant prior to the expiration of the thirty (30) days to provide an explanation of the reasons why additional time is needed to process the application. If the application is approved, the applicant shall notify the commissioner of the date on which the applicant wishes the permit to be issued. The applicant shall complete the authorized vegetation control within the time period specified in the permit, and in any event, the applicant shall complete the vegetation control within one (1) year after the date on which the application was approved or the application approval and permit is void. (b) One (1) vegetation control permit fee must be waived for those owners who voluntarily remove a nonconforming outdoor advertising device. If the nonconforming outdoor advertising device to be removed is not at least one hundred fifty square feet (150 sq. ft.) in size, two (2) nonconforming outdoor advertising devices must be removed to authorize waiver. The latter applies only when the outdoor advertising device around which control is to occur is larger than three hundred square feet (300 sq. ft.). (c) This waiver shall not be used as evidence in any future eminent domain proceeding relating to nonconforming outdoor advertising devices. (d) Notwithstanding any other law to the contrary, it is the legislative intent that issuance of permits and carrying out of the work pursuant to the permits are lawful activities and shall not be construed as violating any provision of law. (e) The commissioner may revoke, suspend, or modify any vegetation control permit for cause, including violation of any terms or conditions of the permit. Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Acts 1972, ch. 655, § 16; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2616; Acts 1980, ch. 470, § 2; impl. am. Acts 1981, ch. 264, § 12; 1983, ch. 133, § 4; 1989, ch. 22, § 1.
(a) (1) The commissioner shall issue to the owners or holders of lawfully issued outdoor advertising device permits, which definition includes those described as legal conforming, grandfathered, and nonconforming outdoor advertising devices in federal regulations, when the face of the outdoor advertising device is generally visible to occupants of vehicles from the main traveled ways of the system on the date of erection, permits to remove, block cut, or trim vegetation located on the right-of-way adjacent to the outdoor advertising device and replace the vegetation as directed, whenever the vegetation prevents clear visibility for a distance not to exceed five hundred yards (500 yds.) to occupants of vehicles using the main traveled ways of the controlled systems. Notwithstanding this chapter to the contrary, vegetation that, on the date of erection of the outdoor advertising device, blocks the view of the outdoor advertising device, in whole or in any part, for a distance not to exceed five hundred yards (500 yds.), to occupants of vehicles using the main traveled ways, is not eligible for removal under a vegetation control permit. The maximum area to be controlled shall not exceed five hundred feet (500'). The regional engineering director for the department shall issue a vegetation control permit where all criteria are met, following submission of information specified and a nonrefundable fee of one hundred dollars ($100) for each face involved. Vegetation control permits will be issued upon payment of a fee of one hundred fifty dollars ($150) per face for supervision of the work. All fees received by the commissioner under this section shall be deposited to the highway fund for the administration of this part. Each subsequent year a maintenance permit may be purchased for fifty dollars ($50.00) to provide annual maintenance at any one (1) location that is consistent with the original vegetation control permit. Vegetation permits issued pursuant to the Billboard Regulation and Control Act of 1972, compiled in this chapter as it existed prior to June 22, 2020, shall be reinstated under chapter 706 of the Public Acts of 2020. Alternatively, the owner of the device may apply for a new vegetation control permit, and the department shall issue the permit. (2) No later than thirty (30) days from June 22, 2020, the commissioner shall develop and make available any forms necessary to apply for a permit and shall begin accepting and considering such applications. The commissioner shall use best efforts to process an application for a permit, in accordance with the rules of the department, within no greater than thirty (30) days after a completed application is received. If the application is incomplete or defective on its face, the commissioner shall notify an applicant in writing no later than fifteen (15) days of receipt of the filed application of its incomplete or defective status, and indicate the information or documentation that is needed to complete or correct the application. If a decision to approve or deny the application cannot be made within thirty (30) days after receipt of the completed or corrected application, the commissioner shall contact the applicant prior to the expiration of the thirty (30) days to provide an explanation of the reasons why additional time is needed to process the application. If the application is approved, the applicant shall notify the commissioner of the date on which the applicant wishes the permit to be issued. The applicant shall complete the authorized vegetation control within the time period specified in the permit, and in any event, the applicant shall complete the vegetation control within one (1) year after the date on which the application was approved or the application approval and permit is void.
(1) The commissioner shall issue to the owners or holders of lawfully issued outdoor advertising device permits, which definition includes those described as legal conforming, grandfathered, and nonconforming outdoor advertising devices in federal regulations, when the face of the outdoor advertising device is generally visible to occupants of vehicles from the main traveled ways of the system on the date of erection, permits to remove, block cut, or trim vegetation located on the right-of-way adjacent to the outdoor advertising device and replace the vegetation as directed, whenever the vegetation prevents clear visibility for a distance not to exceed five hundred yards (500 yds.) to occupants of vehicles using the main traveled ways of the controlled systems. Notwithstanding this chapter to the contrary, vegetation that, on the date of erection of the outdoor advertising device, blocks the view of the outdoor advertising device, in whole or in any part, for a distance not to exceed five hundred yards (500 yds.), to occupants of vehicles using the main traveled ways, is not eligible for removal under a vegetation control permit. The maximum area to be controlled shall not exceed five hundred feet (500'). The regional engineering director for the department shall issue a vegetation control permit where all criteria are met, following submission of information specified and a nonrefundable fee of one hundred dollars ($100) for each face involved. Vegetation control permits will be issued upon payment of a fee of one hundred fifty dollars ($150) per face for supervision of the work. All fees received by the commissioner under this section shall be deposited to the highway fund for the administration of this part. Each subsequent year a maintenance permit may be purchased for fifty dollars ($50.00) to provide annual maintenance at any one (1) location that is consistent with the original vegetation control permit. Vegetation permits issued pursuant to the Billboard Regulation and Control Act of 1972, compiled in this chapter as it existed prior to June 22, 2020, shall be reinstated under chapter 706 of the Public Acts of 2020. Alternatively, the owner of the device may apply for a new vegetation control permit, and the department shall issue the permit.
(2) No later than thirty (30) days from June 22, 2020, the commissioner shall develop and make available any forms necessary to apply for a permit and shall begin accepting and considering such applications. The commissioner shall use best efforts to process an application for a permit, in accordance with the rules of the department, within no greater than thirty (30) days after a completed application is received. If the application is incomplete or defective on its face, the commissioner shall notify an applicant in writing no later than fifteen (15) days of receipt of the filed application of its incomplete or defective status, and indicate the information or documentation that is needed to complete or correct the application. If a decision to approve or deny the application cannot be made within thirty (30) days after receipt of the completed or corrected application, the commissioner shall contact the applicant prior to the expiration of the thirty (30) days to provide an explanation of the reasons why additional time is needed to process the application. If the application is approved, the applicant shall notify the commissioner of the date on which the applicant wishes the permit to be issued. The applicant shall complete the authorized vegetation control within the time period specified in the permit, and in any event, the applicant shall complete the vegetation control within one (1) year after the date on which the application was approved or the application approval and permit is void.
(b) One (1) vegetation control permit fee must be waived for those owners who voluntarily remove a nonconforming outdoor advertising device. If the nonconforming outdoor advertising device to be removed is not at least one hundred fifty square feet (150 sq. ft.) in size, two (2) nonconforming outdoor advertising devices must be removed to authorize waiver. The latter applies only when the outdoor advertising device around which control is to occur is larger than three hundred square feet (300 sq. ft.).
(c) This waiver shall not be used as evidence in any future eminent domain proceeding relating to nonconforming outdoor advertising devices.
(d) Notwithstanding any other law to the contrary, it is the legislative intent that issuance of permits and carrying out of the work pursuant to the permits are lawful activities and shall not be construed as violating any provision of law.
(e) The commissioner may revoke, suspend, or modify any vegetation control permit for cause, including violation of any terms or conditions of the permit.
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Acts 1972, ch. 655, § 16; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2616; Acts 1980, ch. 470, § 2; impl. am. Acts 1981, ch. 264, § 12; 1983, ch. 133, § 4; 1989, ch. 22, § 1.
Tenn. Code Ann. § 54-14-113 — TN Code / Title 54 / Chapter 14 / Section 54-14-113
Report modified, and easement of way granted, upon payment of damages, costs, and, if awarded, attorney's fees
Status: in_force

(a) The report may be modified by the court and the easement or right-of-way may be granted or decreed to the petitioners as the court may deem proper upon the payment to the defendant, or to the clerk of the court for the defendant's use, of the damages assessed, with costs and, if awarded pursuant to subsection (b), attorney's fees. (b) In addition to the damages and costs awarded to the defendant as provided by §§ 54-14-103 and 54-14-109 , the court may award reasonable attorney's fees to the defendant. The court shall not award attorney's fees if the court finds the defendant has acted in bad faith. Amended by 2020 Tenn. Acts, ch. 703, s 5, eff. 6/22/2020. Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a11; Code 1932, § 2757; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1913.
(a) The report may be modified by the court and the easement or right-of-way may be granted or decreed to the petitioners as the court may deem proper upon the payment to the defendant, or to the clerk of the court for the defendant's use, of the damages assessed, with costs and, if awarded pursuant to subsection (b), attorney's fees.
(b) In addition to the damages and costs awarded to the defendant as provided by §§ 54-14-103 and 54-14-109 , the court may award reasonable attorney's fees to the defendant. The court shall not award attorney's fees if the court finds the defendant has acted in bad faith.
Amended by 2020 Tenn. Acts, ch. 703, s 5, eff. 6/22/2020.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a11; Code 1932, § 2757; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1913.
Tenn. Code Ann. § 54-12-154 — TN Code / Title 54 / Chapter 12 / Section 54-12-154
Publication - Requisites - Effect
Status: in_force

(a) Publication in a newspaper published in the county where the petition is filed and proceedings are pending, for two (2) consecutive weeks, of the time and place set for the hearing of the petition to establish the district, shall be sufficient notice to the persons concerned as owners, lienholders, encumbrancers, mortgagees, occupants, or in any other way, whether residents of the state, or nonresidents of the state, the last publication to be at least ten (10) days before the date set for the hearing. (b) (1) The notice by publication shall have the same force and effect upon those concerned as mentioned in subsection (a), who are not petitioners, and who are residents of the state, as well as nonresidents, for all purposes of the proceedings, as process would have duly issued from the court and served personally upon them by an officer. (2) The publication notice need not give the names of the persons notified to appear, but need give only a brief statement of the purpose of the hearing, a reference to the petition on file for further information, as to the purpose of the proceeding, before what court the petition is to be heard, and the time and place of hearing; provided, that if the proposed district is to embrace lands in more than one (1) county, if established, the publication shall be made in one (1) newspaper published in each of the counties. Acts 1919, ch. 193, § 125; Shan. Supp., § 1682a139; Code 1932, § 2954; T.C.A. (orig. ed.), § 54-1354.
(a) Publication in a newspaper published in the county where the petition is filed and proceedings are pending, for two (2) consecutive weeks, of the time and place set for the hearing of the petition to establish the district, shall be sufficient notice to the persons concerned as owners, lienholders, encumbrancers, mortgagees, occupants, or in any other way, whether residents of the state, or nonresidents of the state, the last publication to be at least ten (10) days before the date set for the hearing.
(b) (1) The notice by publication shall have the same force and effect upon those concerned as mentioned in subsection (a), who are not petitioners, and who are residents of the state, as well as nonresidents, for all purposes of the proceedings, as process would have duly issued from the court and served personally upon them by an officer. (2) The publication notice need not give the names of the persons notified to appear, but need give only a brief statement of the purpose of the hearing, a reference to the petition on file for further information, as to the purpose of the proceeding, before what court the petition is to be heard, and the time and place of hearing; provided, that if the proposed district is to embrace lands in more than one (1) county, if established, the publication shall be made in one (1) newspaper published in each of the counties.
(1) The notice by publication shall have the same force and effect upon those concerned as mentioned in subsection (a), who are not petitioners, and who are residents of the state, as well as nonresidents, for all purposes of the proceedings, as process would have duly issued from the court and served personally upon them by an officer.
(2) The publication notice need not give the names of the persons notified to appear, but need give only a brief statement of the purpose of the hearing, a reference to the petition on file for further information, as to the purpose of the proceeding, before what court the petition is to be heard, and the time and place of hearing; provided, that if the proposed district is to embrace lands in more than one (1) county, if established, the publication shall be made in one (1) newspaper published in each of the counties.
Acts 1919, ch. 193, § 125; Shan. Supp., § 1682a139; Code 1932, § 2954; T.C.A. (orig. ed.), § 54-1354.
Tenn. Code Ann. § 54-1-502 — TN Code / Title 54 / Chapter 1 / Section 54-1-502
Part definitions
Status: in_force

As used in this part: (1) "Authorized contingency" means the contingency prepared and submitted by the CM/GC as part of the GMP, which is designed to cover costs that may result from incomplete design, unforeseen and unpredictable conditions, or uncertainties within the defined project scope which a prudent CM/GC would not have reasonably detected or anticipated during the discharge of CM/GC's pre-construction duties; (2) "Commissioner" means the commissioner of transportation; (3) "Construction manager/general contractor" or "CM/GC" means a business firm or joint venture, separate from the project designer, that is able to provide pre-construction services during the design and development phase of a transportation project, including, but not limited to, constructability review, scheduling, pricing, and phasing, and is able to construct the project if the department and firm or joint venture agree to a guaranteed maximum price; (4) "Construction manager/general contractor method" or "CM/GC method" means a project delivery method in which a construction manager is procured to provide pre-construction services and the CM/GC may subsequently construct the project, or any part of the project, if the department and the firm reach agreement on a guaranteed maximum price; (5) "Department" means the department of transportation; (6) "Design-builder" means a business firm or joint venture that is able to provide both design and construction services for a transportation project, including, but not limited to, design, right-of-way acquisition, or utility relocation, as well as construction of the project; (7) "Guaranteed maximum price" or "GMP" means the total dollar amount within which the CM/GC commits to complete construction of the project, or the PDB commits to complete the final design and construction of the project, including the CM/GC's or PDB's direct costs, overhead, and profit, plus any authorized contingency. The GMP may be supplemented at a later date to cover additional costs arising from changes in the scope of work as the department may subsequently direct in writing; (8) "Pre-construction services" may include, but not be limited to, cost estimates, schedule analysis, sequencing of work, risk identification and mitigation, constructability reviews, evaluation of alternative construction options, assistance with various permits, coordination with public or private utility service providers, communication with third-party stakeholders and/or the public, development of a GMP, and any directly related or similar services as may be necessary or useful to assist the department with the design and development of a project to the construction phase; (9) "Progressive design-builder" or "PDB" means a design-builder that is able to provide pre-construction services during the preliminary design and development phase of a transportation project, including, but not limited to, constructability review, scheduling, pricing, and phasing, and is able to complete the final design and construct the project if the department and the design-builder agree to a guaranteed maximum price; and (10) "Progressive design-build method" or "PDB method" means a transportation project delivery method in which the department procures a design-builder to provide pre-construction services and may subsequently complete the final design and construct the project, or part of the project, if the department and the design-builder reach agreement on a guaranteed maximum price. Amended by 2023 Tenn. Acts, ch. 159, s 6, eff. 4/17/2023. Amended by 2023 Tenn. Acts, ch. 159, s 5, eff. 4/17/2023. Amended by 2023 Tenn. Acts, ch. 159, s 4, eff. 4/17/2023. Acts 2013, ch. 366, § 1.
As used in this part:
(1) "Authorized contingency" means the contingency prepared and submitted by the CM/GC as part of the GMP, which is designed to cover costs that may result from incomplete design, unforeseen and unpredictable conditions, or uncertainties within the defined project scope which a prudent CM/GC would not have reasonably detected or anticipated during the discharge of CM/GC's pre-construction duties;
(2) "Commissioner" means the commissioner of transportation;
(3) "Construction manager/general contractor" or "CM/GC" means a business firm or joint venture, separate from the project designer, that is able to provide pre-construction services during the design and development phase of a transportation project, including, but not limited to, constructability review, scheduling, pricing, and phasing, and is able to construct the project if the department and firm or joint venture agree to a guaranteed maximum price;
(4) "Construction manager/general contractor method" or "CM/GC method" means a project delivery method in which a construction manager is procured to provide pre-construction services and the CM/GC may subsequently construct the project, or any part of the project, if the department and the firm reach agreement on a guaranteed maximum price;
(5) "Department" means the department of transportation;
(6) "Design-builder" means a business firm or joint venture that is able to provide both design and construction services for a transportation project, including, but not limited to, design, right-of-way acquisition, or utility relocation, as well as construction of the project;
(7) "Guaranteed maximum price" or "GMP" means the total dollar amount within which the CM/GC commits to complete construction of the project, or the PDB commits to complete the final design and construction of the project, including the CM/GC's or PDB's direct costs, overhead, and profit, plus any authorized contingency. The GMP may be supplemented at a later date to cover additional costs arising from changes in the scope of work as the department may subsequently direct in writing;
(8) "Pre-construction services" may include, but not be limited to, cost estimates, schedule analysis, sequencing of work, risk identification and mitigation, constructability reviews, evaluation of alternative construction options, assistance with various permits, coordination with public or private utility service providers, communication with third-party stakeholders and/or the public, development of a GMP, and any directly related or similar services as may be necessary or useful to assist the department with the design and development of a project to the construction phase;
(9) "Progressive design-builder" or "PDB" means a design-builder that is able to provide pre-construction services during the preliminary design and development phase of a transportation project, including, but not limited to, constructability review, scheduling, pricing, and phasing, and is able to complete the final design and construct the project if the department and the design-builder agree to a guaranteed maximum price; and
(10) "Progressive design-build method" or "PDB method" means a transportation project delivery method in which the department procures a design-builder to provide pre-construction services and may subsequently complete the final design and construct the project, or part of the project, if the department and the design-builder reach agreement on a guaranteed maximum price.
Amended by 2023 Tenn. Acts, ch. 159, s 6, eff. 4/17/2023.
Amended by 2023 Tenn. Acts, ch. 159, s 5, eff. 4/17/2023.
Amended by 2023 Tenn. Acts, ch. 159, s 4, eff. 4/17/2023.
Acts 2013, ch. 366, § 1.
Tenn. Code Ann. § 54-12-120 — TN Code / Title 54 / Chapter 12 / Section 54-12-120
Engineer
Status: in_force

After the petition has been filed and bond taken and approved, the monthly county court shall at the first session thereafter, regular, special, or adjourned, and may at a later session, appoint a disinterested and competent engineer, and have placed in the engineer's hands a copy of the petition. Acts 1919, ch. 193, § 10; Shan. Supp., § 1682a21; Code 1932, § 2835; modified; T.C.A. (orig. ed.), § 54-1320.
After the petition has been filed and bond taken and approved, the monthly county court shall at the first session thereafter, regular, special, or adjourned, and may at a later session, appoint a disinterested and competent engineer, and have placed in the engineer's hands a copy of the petition.
Acts 1919, ch. 193, § 10; Shan. Supp., § 1682a21; Code 1932, § 2835; modified; T.C.A. (orig. ed.), § 54-1320.
Tenn. Code Ann. § 54-12-107 — TN Code / Title 54 / Chapter 12 / Section 54-12-107
Committee for petitioners in preliminary matters in establishing district - Compensation
Status: in_force

(a) The petitioners are authorized to select from their number a committee of three (3) or five (5), as they deem expedient, which committee shall act for the petitioners in all preliminary matters as their services may be needed in having the district established, and which committee shall have the power to bind the petitioners in all preliminary matters looking to the establishment of the district. (b) This committee shall elect out of its members officers it deems necessary, and shall keep a record of the committee's proceedings. (c) The members of this committee shall receive for service compensation as fixed by the monthly county court, and paid out of the funds of the district when established in the same way as is provided for the payment of other just charges against the district. Acts 1919, ch. 193, § 111; Shan. Supp., § 1682a125; Code 1932, § 2940; modified; T.C.A. (orig. ed.), § 54-1307.
(a) The petitioners are authorized to select from their number a committee of three (3) or five (5), as they deem expedient, which committee shall act for the petitioners in all preliminary matters as their services may be needed in having the district established, and which committee shall have the power to bind the petitioners in all preliminary matters looking to the establishment of the district.
(b) This committee shall elect out of its members officers it deems necessary, and shall keep a record of the committee's proceedings.
(c) The members of this committee shall receive for service compensation as fixed by the monthly county court, and paid out of the funds of the district when established in the same way as is provided for the payment of other just charges against the district.
Acts 1919, ch. 193, § 111; Shan. Supp., § 1682a125; Code 1932, § 2940; modified; T.C.A. (orig. ed.), § 54-1307.
Tenn. Code Ann. § 54-18-217 — TN Code / Title 54 / Chapter 18 / Section 54-18-217
Judicial review
Status: in_force

A judicial review of the decision of the board of adjustment shall be available under title 27, chapter 9. Acts 1965, ch. 251, § 15; T.C.A., §§ 54-2217, 54-19-117.
A judicial review of the decision of the board of adjustment shall be available under title 27, chapter 9.
Acts 1965, ch. 251, § 15; T.C.A., §§ 54-2217, 54-19-117.
Tenn. Code Ann. § 54-12-225 — TN Code / Title 54 / Chapter 12 / Section 54-12-225
If any assessment cannot be enforced, assessments and apportionments shall be made as if never made - Lands not assessed will be assessed - Validity not affected
Status: in_force

(a) Where any assessments made and levied under this part or part 1 of this chapter cannot for any reason be enforced, and part of the work has been done, the monthly county court shall proceed as to any or all lands benefited by the improvement in the same manner as if the appraisement and apportionment of benefits had never been made, in which event any payment already made shall be duly credited to those who have paid the assessments. (b) After a district is ordered established, if it is found that any parcel of land within its limits has been overlooked, or is not reported for assessment, or if it is found that any owner or encumbrancer of any land has not been properly brought before the court, the mistake or order may be corrected, and the court shall cause the parcel of land to be listed for assessment and cause the owner or encumbrancer, if any, to be properly brought before the court, and as to the lands or parties, the matter shall be proceeded with as if proceeded in the beginning, so as to enforce proper and proportional assessments. As to all other parties already before the court, the validity of the proceedings shall not be affected because some of the lands have been overlooked and some of the owners or encumbrancers of the lands were not brought before the court before the district was ordered established. Acts 1919, ch. 193, § 67; Shan. Supp., § 1682a81; Code 1932, § 2895; modified; T.C.A. (orig. ed.), § 54-1425.
(a) Where any assessments made and levied under this part or part 1 of this chapter cannot for any reason be enforced, and part of the work has been done, the monthly county court shall proceed as to any or all lands benefited by the improvement in the same manner as if the appraisement and apportionment of benefits had never been made, in which event any payment already made shall be duly credited to those who have paid the assessments.
(b) After a district is ordered established, if it is found that any parcel of land within its limits has been overlooked, or is not reported for assessment, or if it is found that any owner or encumbrancer of any land has not been properly brought before the court, the mistake or order may be corrected, and the court shall cause the parcel of land to be listed for assessment and cause the owner or encumbrancer, if any, to be properly brought before the court, and as to the lands or parties, the matter shall be proceeded with as if proceeded in the beginning, so as to enforce proper and proportional assessments. As to all other parties already before the court, the validity of the proceedings shall not be affected because some of the lands have been overlooked and some of the owners or encumbrancers of the lands were not brought before the court before the district was ordered established.
Acts 1919, ch. 193, § 67; Shan. Supp., § 1682a81; Code 1932, § 2895; modified; T.C.A. (orig. ed.), § 54-1425.
Tenn. Code Ann. § 54-2-201 — TN Code / Title 54 / Chapter 2 / Section 54-2-201
Establishment of transportation modernization fund
Status: in_force

(a) There is established a fund to be known as the "transportation modernization fund." The fund is a segregated account within the state treasury and includes accounts and subaccounts in the fund. (b) Notwithstanding another law to the contrary, and subject to appropriation in the general appropriations act, the fund is composed of: (1) Effective July 1, 2023, a sum of three billion dollars ($3,000,000,000), to be divided as follows: (A) Seven hundred fifty million dollars ($750,000,000) for projects within region 1 of the department; (B) Seven hundred fifty million dollars ($750,000,000) for projects within region 2 of the department; (C) Seven hundred fifty million dollars ($750,000,000) for projects within region 3 of the department; and (D) Seven hundred fifty million dollars ($750,000,000) for projects within region 4 of the department; (2) Effective July 1, 2023, a sum of three hundred million dollars ($300,000,000), to be distributed to local governments as grants, as determined by the commissioner; provided, that a local government shall not use grants distributed from the sum described in this subdivision (b)(2) to supplant other state or local moneys appropriated or allotted for building, maintaining, or improving county roads or bridges; (3) Other revenues or moneys that the general assembly may appropriate to the fund; and (4) Other moneys received by the department for the purposes of the fund that are not otherwise allocated to the department by law. (c) The fund must be administered by the department of transportation and be kept separate and apart from all other funds, including the state highway fund. Any portion of the fund must not be transferred or otherwise diverted to another department or agency of state government and must only be drawn out of the state treasury as provided in this part. (d) Amounts remaining in the fund at the end of each fiscal year must not revert to the general fund. Moneys in the fund must be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the sole benefit of the fund, and interest accruing on investments and deposits of the fund must be returned to and remain part of the fund. (e) The fund may be used for the following purposes: (1) To fund strategic transportation initiatives, including, but not limited to, congestion mitigation, rural interstate widening, and the accelerated delivery of strategic transportation improvements over and above the transportation improvements program generally supported by the state highway fund; (2) To respond to a transportation system failure, an imminent threat of a failure, or other emergency as provided in § 54-1-135 , which use may be eligible for reimbursement from the federal government; and (3) Another purpose for which the state highway fund may be lawfully used. Added by 2023 Tenn. Acts, ch. 159, s 15, eff. 4/17/2023.
(a) There is established a fund to be known as the "transportation modernization fund." The fund is a segregated account within the state treasury and includes accounts and subaccounts in the fund.
(b) Notwithstanding another law to the contrary, and subject to appropriation in the general appropriations act, the fund is composed of: (1) Effective July 1, 2023, a sum of three billion dollars ($3,000,000,000), to be divided as follows: (A) Seven hundred fifty million dollars ($750,000,000) for projects within region 1 of the department; (B) Seven hundred fifty million dollars ($750,000,000) for projects within region 2 of the department; (C) Seven hundred fifty million dollars ($750,000,000) for projects within region 3 of the department; and (D) Seven hundred fifty million dollars ($750,000,000) for projects within region 4 of the department; (2) Effective July 1, 2023, a sum of three hundred million dollars ($300,000,000), to be distributed to local governments as grants, as determined by the commissioner; provided, that a local government shall not use grants distributed from the sum described in this subdivision (b)(2) to supplant other state or local moneys appropriated or allotted for building, maintaining, or improving county roads or bridges; (3) Other revenues or moneys that the general assembly may appropriate to the fund; and (4) Other moneys received by the department for the purposes of the fund that are not otherwise allocated to the department by law.
(1) Effective July 1, 2023, a sum of three billion dollars ($3,000,000,000), to be divided as follows: (A) Seven hundred fifty million dollars ($750,000,000) for projects within region 1 of the department; (B) Seven hundred fifty million dollars ($750,000,000) for projects within region 2 of the department; (C) Seven hundred fifty million dollars ($750,000,000) for projects within region 3 of the department; and (D) Seven hundred fifty million dollars ($750,000,000) for projects within region 4 of the department;
(A) Seven hundred fifty million dollars ($750,000,000) for projects within region 1 of the department;
(B) Seven hundred fifty million dollars ($750,000,000) for projects within region 2 of the department;
(C) Seven hundred fifty million dollars ($750,000,000) for projects within region 3 of the department; and
(D) Seven hundred fifty million dollars ($750,000,000) for projects within region 4 of the department;
(2) Effective July 1, 2023, a sum of three hundred million dollars ($300,000,000), to be distributed to local governments as grants, as determined by the commissioner; provided, that a local government shall not use grants distributed from the sum described in this subdivision (b)(2) to supplant other state or local moneys appropriated or allotted for building, maintaining, or improving county roads or bridges;
(3) Other revenues or moneys that the general assembly may appropriate to the fund; and
(4) Other moneys received by the department for the purposes of the fund that are not otherwise allocated to the department by law.
(c) The fund must be administered by the department of transportation and be kept separate and apart from all other funds, including the state highway fund. Any portion of the fund must not be transferred or otherwise diverted to another department or agency of state government and must only be drawn out of the state treasury as provided in this part.
(d) Amounts remaining in the fund at the end of each fiscal year must not revert to the general fund. Moneys in the fund must be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the sole benefit of the fund, and interest accruing on investments and deposits of the fund must be returned to and remain part of the fund.
(e) The fund may be used for the following purposes: (1) To fund strategic transportation initiatives, including, but not limited to, congestion mitigation, rural interstate widening, and the accelerated delivery of strategic transportation improvements over and above the transportation improvements program generally supported by the state highway fund; (2) To respond to a transportation system failure, an imminent threat of a failure, or other emergency as provided in § 54-1-135 , which use may be eligible for reimbursement from the federal government; and (3) Another purpose for which the state highway fund may be lawfully used.
(1) To fund strategic transportation initiatives, including, but not limited to, congestion mitigation, rural interstate widening, and the accelerated delivery of strategic transportation improvements over and above the transportation improvements program generally supported by the state highway fund;
(2) To respond to a transportation system failure, an imminent threat of a failure, or other emergency as provided in § 54-1-135 , which use may be eligible for reimbursement from the federal government; and
(3) Another purpose for which the state highway fund may be lawfully used.
Added by 2023 Tenn. Acts, ch. 159, s 15, eff. 4/17/2023.
Tenn. Code Ann. § 54-9-212 — TN Code / Title 54 / Chapter 9 / Section 54-9-212
Contractor to furnish evidence of payment in full for materials and labor - Notice of settlement by publication - Claims filed
Status: in_force

(a) Before final acceptance of the project as having been finally completed, the contractor shall furnish evidence to the chief administrative officer of the county highway department, if any, and/or the chief fiscal officer of the county, that all the materials used by the contractor, or the contractor's subcontractors or agents, have been fully paid for and all laborers and other employees working for the contractor, or the contractor's subcontractors or agents, have been fully paid. (b) When this is done, full settlement may be made with the contractor, but not until thirty (30) days' notice in some newspaper published in the county where the work is done, if there is a newspaper published there, and if not, in a newspaper in an adjoining county, that settlement is about to be made and notifying all claimants to file notice of their claims with the officials, and the period for filing shall not be less than thirty (30) days after the last published notice. (c) In the event claims are filed, the officials shall withhold a sufficient sum to pay the claims in the same way and manner as is provided for claimants making claims against contractors dealing with the department of transportation in accordance with § 54-5-123 , and claimants may bring suits against contractors in the way and manner provided in § 54-5-124 , as suits are brought against contractors dealing with the department. Where claims are allowed by the courts, §§ 54-5-126 and 54-5-127 shall be applicable. Acts 1959, ch. 320, § 12; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-855; Acts 1983, ch. 320, § 13.
(a) Before final acceptance of the project as having been finally completed, the contractor shall furnish evidence to the chief administrative officer of the county highway department, if any, and/or the chief fiscal officer of the county, that all the materials used by the contractor, or the contractor's subcontractors or agents, have been fully paid for and all laborers and other employees working for the contractor, or the contractor's subcontractors or agents, have been fully paid.
(b) When this is done, full settlement may be made with the contractor, but not until thirty (30) days' notice in some newspaper published in the county where the work is done, if there is a newspaper published there, and if not, in a newspaper in an adjoining county, that settlement is about to be made and notifying all claimants to file notice of their claims with the officials, and the period for filing shall not be less than thirty (30) days after the last published notice.
(c) In the event claims are filed, the officials shall withhold a sufficient sum to pay the claims in the same way and manner as is provided for claimants making claims against contractors dealing with the department of transportation in accordance with § 54-5-123 , and claimants may bring suits against contractors in the way and manner provided in § 54-5-124 , as suits are brought against contractors dealing with the department. Where claims are allowed by the courts, §§ 54-5-126 and 54-5-127 shall be applicable.
Acts 1959, ch. 320, § 12; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-855; Acts 1983, ch. 320, § 13.
Tenn. Code Ann. § 54-12-322 — TN Code / Title 54 / Chapter 12 / Section 54-12-322
Injury to, damage or obstruction of road unlawful - Penalty
Status: in_force

(a) It is unlawful for any person in any way to injure, damage, or obstruct the rights-of-way, roadbeds, side ditches, culverts, or bridges of the roads constructed under this chapter. (b) A violation of this section is a Class C misdemeanor. Acts 1919, ch. 193, §§ 123, 124; Shan. Supp., §§ 1682a137, 1682a138; Code 1932, §§ 2952, 2953; T.C.A. (orig. ed.), § 54-1522; Acts 1989, ch. 591, § 113.
(a) It is unlawful for any person in any way to injure, damage, or obstruct the rights-of-way, roadbeds, side ditches, culverts, or bridges of the roads constructed under this chapter.
(b) A violation of this section is a Class C misdemeanor.
Acts 1919, ch. 193, §§ 123, 124; Shan. Supp., §§ 1682a137, 1682a138; Code 1932, §§ 2952, 2953; T.C.A. (orig. ed.), § 54-1522; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 54-7-102 — TN Code / Title 54 / Chapter 7 / Section 54-7-102
Applicability of chapter
Status: in_force

This chapter applies to all counties of the state, except for those excluded by chapter 801 of the Public Acts of 1976, and counties with a charter or a metropolitan form of government, unless the charter of such county provides for the application of this chapter. Acts 1974, ch. 738, §§ 17-19; 1976, ch. 513, § 1; 1976, ch. 556, § 1; 1976, ch. 801, § 1; 1977, ch. 193, § 1; 1979, ch. 234, § 1; T.C.A., § 54-1002; Acts 1980, ch. 548, § 1; 1980, ch. 881, § 1; 1981, ch. 180, § 2; 1982, ch. 954, § 1; 1991, ch. 293, § 1; 2012 , ch. 689, § 1.
This chapter applies to all counties of the state, except for those excluded by chapter 801 of the Public Acts of 1976, and counties with a charter or a metropolitan form of government, unless the charter of such county provides for the application of this chapter.
Acts 1974, ch. 738, §§ 17-19; 1976, ch. 513, § 1; 1976, ch. 556, § 1; 1976, ch. 801, § 1; 1977, ch. 193, § 1; 1979, ch. 234, § 1; T.C.A., § 54-1002; Acts 1980, ch. 548, § 1; 1980, ch. 881, § 1; 1981, ch. 180, § 2; 1982, ch. 954, § 1; 1991, ch. 293, § 1; 2012 , ch. 689, § 1.
Tenn. Code Ann. § 54-18-207 — TN Code / Title 54 / Chapter 18 / Section 54-18-207
Publication and registration
Status: in_force

(a) Notice of any resolution or ordinance adopting an official map, or making any change, addition or modification of the map, shall be published at least once in a newspaper of general circulation, and the resolution or ordinance shall not be in force until a notice of the resolution or ordinance is published. (b) The notice shall state the substance of the resolution or ordinance and specify where a map of the area under consideration may be examined by the public. (c) The legislative body shall record the official map as adopted in the office of the county register. Acts 1965, ch. 251, § 7; T.C.A., §§ 54-2207, 54-19-107.
(a) Notice of any resolution or ordinance adopting an official map, or making any change, addition or modification of the map, shall be published at least once in a newspaper of general circulation, and the resolution or ordinance shall not be in force until a notice of the resolution or ordinance is published.
(b) The notice shall state the substance of the resolution or ordinance and specify where a map of the area under consideration may be examined by the public.
(c) The legislative body shall record the official map as adopted in the office of the county register.
Acts 1965, ch. 251, § 7; T.C.A., §§ 54-2207, 54-19-107.
Tenn. Code Ann. § 54-12-309 — TN Code / Title 54 / Chapter 12 / Section 54-12-309
Deposit of bidders required
Status: in_force

(a) Each person bidding for the work shall deposit with the treasurer of the board of directors in cash or certified check a sum equal to ten percent (10%) of the amount of the bid, not in any event, however, to exceed ten thousand dollars ($10,000). (b) The deposit shall be returned to the bidder if the bid is not successful, or, if successful, to be retained as a guarantee only of the bidder's good faith in entering into the contract. Acts 1919, ch. 193, § 75; Shan. Supp., § 1682a89; Code 1932, § 2903; T.C.A. (orig. ed.), § 54-1509.
(a) Each person bidding for the work shall deposit with the treasurer of the board of directors in cash or certified check a sum equal to ten percent (10%) of the amount of the bid, not in any event, however, to exceed ten thousand dollars ($10,000).
(b) The deposit shall be returned to the bidder if the bid is not successful, or, if successful, to be retained as a guarantee only of the bidder's good faith in entering into the contract.
Acts 1919, ch. 193, § 75; Shan. Supp., § 1682a89; Code 1932, § 2903; T.C.A. (orig. ed.), § 54-1509.
Tenn. Code Ann. § 54-5-1205 — TN Code / Title 54 / Chapter 5 / Section 54-5-1205
Rules and regulations
Status: in_force

The department is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this part. Acts 1993, ch. 455, § 5.
The department is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this part.
Acts 1993, ch. 455, § 5.
Tenn. Code Ann. § 54-3-109 — TN Code / Title 54 / Chapter 3 / Section 54-3-109
Bonds
Status: in_force

(a) The state funding board is authorized to issue bonds of this state, without limitation as to amount, for the purpose of financing costs associated with the development of user fee facility projects, as shall be requested by the commissioner, subject to approval of the board. The request shall be accompanied by such information as the state funding board may require. (b) The bonds shall be issued from time to time in such principal amounts and bearing such terms, including, but not limited to, optional or mandatory redemption prior to maturity, and may be sold in such manner, either at competitive or negotiated sale, and at such prices and subject to such terms and conditions, as shall be determined by the state funding board. The state funding board may delegate to any member of the state funding board the power to establish any such matters within parameters determined by the state funding board. (c) The bonds shall be payable solely from and secured solely by moneys on deposit from time to time in the state user fee fund, including any proceeds of bonds as may be deposited in the state user fee fund, and shall not be a debt of, nor constitute a general obligation or pledge of the full faith and credit of, the state, except to the extent expressly provided by this section, or of any county, municipality, taxing entity or other political subdivision thereof. (d) In case any member of the state funding board whose signature appears on any bond ceases to be a member before the delivery of the bond, that signature nevertheless shall be valid and sufficient for all purposes, the same as if the member had remained in office until delivery. (e) With respect to all or any portion of any issue of bonds, the state funding board may authorize and enter into hedging agreements and ancillary agreements, upon request by the commissioner, under such terms and agreements as the funding board may determine, including, but not limited to, with respect to hedging agreements, provisions permitting the funding board to pay to or receive from any person or entity any loss of benefits under the agreement upon early termination of the agreement, or default under the agreement. (f) When entering into any ancillary agreements, hedging agreements and agreements with purchasers of bonds, evidencing a transaction bearing a reasonable relationship to this state and also to another state or nation, the state funding board may agree in the written contract or agreement that the rights and remedies of the parties to the contracts and agreements shall be governed by the laws of this state, or the laws of the other state or nation; provided, that jurisdiction over the state funding board against which an action on such a contract or agreement is brought shall lie solely in the Tennessee claims commission or, if and to the extent permitted by law, a court in this state that would otherwise have jurisdiction of actions brought in contract against the state funding board. (g) All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking and investment business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, curators, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any of the bonds, and the bonds shall be authorized security for all public deposits. Nothing contained in this subsection (g) with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities. (h) The state funding board is authorized to procure such legal and technical advice, approving opinions and financial assistance as it may consider necessary, and also to pay all necessary expenses, in connection with carrying into effect this section, all of which may be funded from proceeds of the bonds or other state indebtedness. (i) The powers conferred by this section shall be in addition and supplementary to any other general, special or local law. No proceedings, notice or approval shall be required for the issuance of any bonds or any instrument as security for the bonds, except as may be provided in this section, any other law to the contrary notwithstanding. (j) The proceeds of sale of the bonds shall be deposited in the state user fee fund and disbursed in accordance with law and other instruments governing the state user fee fund, but only for the purposes of this chapter. (k) The bonds and the interest on the bonds shall be exempt from taxation by the state and by any county, municipality or taxing entity of the state, except for inheritance, transfer and estate taxes. (l) A resolution authorizing bonds may provide that the bonds contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and the regularity of their issuance. The validity of the authorization and issuance of bonds shall not be dependent on or affected in any way by proceedings taken for, or contracts or agreements made in connection with, the development of user fee facility projects. (m) When any bonds are paid and discharged, they shall be cancelled and the cancelled bonds retained and made available for examination in annual audits. The state funding board may, by resolution, authorize and direct the paying agent for the bonds or other person in possession of bonds to destroy all bonds duly paid and cancelled; provided, that the bonds paid and cancelled during any fiscal year may be destroyed only after the fiscal audit of the state covering the fiscal year has been completed. The paying agent or other person in possession of the bonds shall furnish a certified list of bonds duly paid and cancelled showing, for each issue of bonds the bond number, amount, date paid and such additional information as the state funding board may require. This subsection (m) shall be in addition to any other law. Where this subsection (m) is in conflict with other law, this subsection (m) shall prevail. (n) In order to secure the payment of the principal of and interest on the bonds, and the payment of obligations under any ancillary agreements and hedging agreements, including obligations for termination or other nonperiodic payments, or in connection with such bonds or agreements, the state funding board shall have the power to: (1) Pledge all or any part of the user fee revenues, or other moneys on deposit in the state user fee fund, or any rights to receive the revenues and moneys, to the punctual payment of the principal of and interest on the bonds and obligations under any such agreements, and covenant against thereafter pledging any such user fee revenues or other monies to any other bonds or obligations. It is intended that the Perfection, Priority and Enforcement of Public Pledges and Liens Act, compiled in title 9, chapter 22, shall apply to the pledge; (2) Covenant as to establishment and maintenance and collection of user fees; (3) Provide for the terms, form, payment, registration, exchange, execution and authentication of the bonds in a manner not inconsistent with this section, which may include the appointment of paying agents, registrars and authenticating agents within or without the state; (4) Covenant as to the use and disposition of the proceeds from the sale of the bonds in a manner not inconsistent with this chapter; (5) Covenant as to limitations on the issuance of additional obligations to finance user fee facility projects and on the lien on user fee revenues or other moneys for the payment and security of the additional obligations; (6) Covenant as to the amount and kind of insurance to be maintained on user fee facility projects, and the use and disposition of insurance moneys; (7) Covenant as to the operation of user fee facility projects; (8) Covenant to set aside or pay over reserves and sinking funds for the bonds and as to the disposition of the reserves and sinking funds; (9) Redeem the bonds, and covenant for their redemption and to provide the terms and conditions of the redemption; (10) Covenant as to books of account, as to the inspection and audit of the books of account, and as to the accounting methods; (11) Covenant as to the investment of moneys on deposit in the state user fee fund; (12) Covenant and prescribe as to what occurrences shall constitute events of default and the terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which the declaration and its consequences may be waived; (13) Covenant as to the rights, remedies, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation; (14) Make such covenants and do any and all such acts and things as may be necessary, convenient or desirable in order to secure the bonds, or in the discretion of the state funding board, to make the bonds more marketable, notwithstanding that the covenants, acts or things may not be enumerated in this section, it being the purpose of this section to give the state funding board power to do all things in the issuance of the bonds and for their security that may be consistent with the Tennessee constitution; (15) Vest in a trustee or trustees, which may be located within or without the state, powers and duties, including the right to enforce any covenants made to secure, or to pay, the bonds, limitations on liabilities, and the terms and conditions upon which the holders of the bonds or any portion or percentage of them may enforce any covenants under the bonds or duties imposed by the bonds; (16) Prescribe a procedure by which the terms of any resolution authorizing bonds, or any other contract with bondholders, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated and as to the amount of bonds the holders of which must consent to the amendment or abrogation, and the manner in which the consent must be given; (17) Covenant and provide for the discharge and satisfaction and defeasance of all or any part of bonds and the indebtedness evidenced by the bonds; and (18) Execute all instruments and perform such other acts as are necessary, convenient or desirable in the exercise of the powers granted in this section, or in the performance of the covenants or duties of the funding board. (o) Nothing in this chapter shall be construed so as to impair the obligation of any contract made by the state upon any bonds, hedging agreements and ancillary agreements. The state covenants and agrees with the holders of the bonds that so long as the bonds are outstanding and unpaid, the state shall not limit or alter the rights and obligations of the state funding board and the commissioner under this section to prescribe, maintain and revise user fees and apply the user fee revenues and other moneys on deposit in the state user fee fund, including the continuing appropriation thereof, as provided in this chapter. Amended by 2023 Tenn. Acts, ch. 159, s 26, eff. 4/17/2023. Amended by 2023 Tenn. Acts, ch. 159, s 25, eff. 4/17/2023. Acts 2007 , ch. 597, § 10.
(a) The state funding board is authorized to issue bonds of this state, without limitation as to amount, for the purpose of financing costs associated with the development of user fee facility projects, as shall be requested by the commissioner, subject to approval of the board. The request shall be accompanied by such information as the state funding board may require.
(b) The bonds shall be issued from time to time in such principal amounts and bearing such terms, including, but not limited to, optional or mandatory redemption prior to maturity, and may be sold in such manner, either at competitive or negotiated sale, and at such prices and subject to such terms and conditions, as shall be determined by the state funding board. The state funding board may delegate to any member of the state funding board the power to establish any such matters within parameters determined by the state funding board.
(c) The bonds shall be payable solely from and secured solely by moneys on deposit from time to time in the state user fee fund, including any proceeds of bonds as may be deposited in the state user fee fund, and shall not be a debt of, nor constitute a general obligation or pledge of the full faith and credit of, the state, except to the extent expressly provided by this section, or of any county, municipality, taxing entity or other political subdivision thereof.
(d) In case any member of the state funding board whose signature appears on any bond ceases to be a member before the delivery of the bond, that signature nevertheless shall be valid and sufficient for all purposes, the same as if the member had remained in office until delivery.
(e) With respect to all or any portion of any issue of bonds, the state funding board may authorize and enter into hedging agreements and ancillary agreements, upon request by the commissioner, under such terms and agreements as the funding board may determine, including, but not limited to, with respect to hedging agreements, provisions permitting the funding board to pay to or receive from any person or entity any loss of benefits under the agreement upon early termination of the agreement, or default under the agreement.
(f) When entering into any ancillary agreements, hedging agreements and agreements with purchasers of bonds, evidencing a transaction bearing a reasonable relationship to this state and also to another state or nation, the state funding board may agree in the written contract or agreement that the rights and remedies of the parties to the contracts and agreements shall be governed by the laws of this state, or the laws of the other state or nation; provided, that jurisdiction over the state funding board against which an action on such a contract or agreement is brought shall lie solely in the Tennessee claims commission or, if and to the extent permitted by law, a court in this state that would otherwise have jurisdiction of actions brought in contract against the state funding board.
(g) All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking and investment business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, curators, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any of the bonds, and the bonds shall be authorized security for all public deposits. Nothing contained in this subsection (g) with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.
(h) The state funding board is authorized to procure such legal and technical advice, approving opinions and financial assistance as it may consider necessary, and also to pay all necessary expenses, in connection with carrying into effect this section, all of which may be funded from proceeds of the bonds or other state indebtedness.
(i) The powers conferred by this section shall be in addition and supplementary to any other general, special or local law. No proceedings, notice or approval shall be required for the issuance of any bonds or any instrument as security for the bonds, except as may be provided in this section, any other law to the contrary notwithstanding.
(j) The proceeds of sale of the bonds shall be deposited in the state user fee fund and disbursed in accordance with law and other instruments governing the state user fee fund, but only for the purposes of this chapter.
(k) The bonds and the interest on the bonds shall be exempt from taxation by the state and by any county, municipality or taxing entity of the state, except for inheritance, transfer and estate taxes.
(l) A resolution authorizing bonds may provide that the bonds contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and the regularity of their issuance. The validity of the authorization and issuance of bonds shall not be dependent on or affected in any way by proceedings taken for, or contracts or agreements made in connection with, the development of user fee facility projects.
(m) When any bonds are paid and discharged, they shall be cancelled and the cancelled bonds retained and made available for examination in annual audits. The state funding board may, by resolution, authorize and direct the paying agent for the bonds or other person in possession of bonds to destroy all bonds duly paid and cancelled; provided, that the bonds paid and cancelled during any fiscal year may be destroyed only after the fiscal audit of the state covering the fiscal year has been completed. The paying agent or other person in possession of the bonds shall furnish a certified list of bonds duly paid and cancelled showing, for each issue of bonds the bond number, amount, date paid and such additional information as the state funding board may require. This subsection (m) shall be in addition to any other law. Where this subsection (m) is in conflict with other law, this subsection (m) shall prevail.
(n) In order to secure the payment of the principal of and interest on the bonds, and the payment of obligations under any ancillary agreements and hedging agreements, including obligations for termination or other nonperiodic payments, or in connection with such bonds or agreements, the state funding board shall have the power to: (1) Pledge all or any part of the user fee revenues, or other moneys on deposit in the state user fee fund, or any rights to receive the revenues and moneys, to the punctual payment of the principal of and interest on the bonds and obligations under any such agreements, and covenant against thereafter pledging any such user fee revenues or other monies to any other bonds or obligations. It is intended that the Perfection, Priority and Enforcement of Public Pledges and Liens Act, compiled in title 9, chapter 22, shall apply to the pledge; (2) Covenant as to establishment and maintenance and collection of user fees; (3) Provide for the terms, form, payment, registration, exchange, execution and authentication of the bonds in a manner not inconsistent with this section, which may include the appointment of paying agents, registrars and authenticating agents within or without the state; (4) Covenant as to the use and disposition of the proceeds from the sale of the bonds in a manner not inconsistent with this chapter; (5) Covenant as to limitations on the issuance of additional obligations to finance user fee facility projects and on the lien on user fee revenues or other moneys for the payment and security of the additional obligations; (6) Covenant as to the amount and kind of insurance to be maintained on user fee facility projects, and the use and disposition of insurance moneys; (7) Covenant as to the operation of user fee facility projects; (8) Covenant to set aside or pay over reserves and sinking funds for the bonds and as to the disposition of the reserves and sinking funds; (9) Redeem the bonds, and covenant for their redemption and to provide the terms and conditions of the redemption; (10) Covenant as to books of account, as to the inspection and audit of the books of account, and as to the accounting methods; (11) Covenant as to the investment of moneys on deposit in the state user fee fund; (12) Covenant and prescribe as to what occurrences shall constitute events of default and the terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which the declaration and its consequences may be waived; (13) Covenant as to the rights, remedies, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation; (14) Make such covenants and do any and all such acts and things as may be necessary, convenient or desirable in order to secure the bonds, or in the discretion of the state funding board, to make the bonds more marketable, notwithstanding that the covenants, acts or things may not be enumerated in this section, it being the purpose of this section to give the state funding board power to do all things in the issuance of the bonds and for their security that may be consistent with the Tennessee constitution; (15) Vest in a trustee or trustees, which may be located within or without the state, powers and duties, including the right to enforce any covenants made to secure, or to pay, the bonds, limitations on liabilities, and the terms and conditions upon which the holders of the bonds or any portion or percentage of them may enforce any covenants under the bonds or duties imposed by the bonds; (16) Prescribe a procedure by which the terms of any resolution authorizing bonds, or any other contract with bondholders, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated and as to the amount of bonds the holders of which must consent to the amendment or abrogation, and the manner in which the consent must be given; (17) Covenant and provide for the discharge and satisfaction and defeasance of all or any part of bonds and the indebtedness evidenced by the bonds; and (18) Execute all instruments and perform such other acts as are necessary, convenient or desirable in the exercise of the powers granted in this section, or in the performance of the covenants or duties of the funding board.
(1) Pledge all or any part of the user fee revenues, or other moneys on deposit in the state user fee fund, or any rights to receive the revenues and moneys, to the punctual payment of the principal of and interest on the bonds and obligations under any such agreements, and covenant against thereafter pledging any such user fee revenues or other monies to any other bonds or obligations. It is intended that the Perfection, Priority and Enforcement of Public Pledges and Liens Act, compiled in title 9, chapter 22, shall apply to the pledge;
(2) Covenant as to establishment and maintenance and collection of user fees;
(3) Provide for the terms, form, payment, registration, exchange, execution and authentication of the bonds in a manner not inconsistent with this section, which may include the appointment of paying agents, registrars and authenticating agents within or without the state;
(4) Covenant as to the use and disposition of the proceeds from the sale of the bonds in a manner not inconsistent with this chapter;
(5) Covenant as to limitations on the issuance of additional obligations to finance user fee facility projects and on the lien on user fee revenues or other moneys for the payment and security of the additional obligations;
(6) Covenant as to the amount and kind of insurance to be maintained on user fee facility projects, and the use and disposition of insurance moneys;
(7) Covenant as to the operation of user fee facility projects;
(8) Covenant to set aside or pay over reserves and sinking funds for the bonds and as to the disposition of the reserves and sinking funds;
(9) Redeem the bonds, and covenant for their redemption and to provide the terms and conditions of the redemption;
(10) Covenant as to books of account, as to the inspection and audit of the books of account, and as to the accounting methods;
(11) Covenant as to the investment of moneys on deposit in the state user fee fund;
(12) Covenant and prescribe as to what occurrences shall constitute events of default and the terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which the declaration and its consequences may be waived;
(13) Covenant as to the rights, remedies, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation;
(14) Make such covenants and do any and all such acts and things as may be necessary, convenient or desirable in order to secure the bonds, or in the discretion of the state funding board, to make the bonds more marketable, notwithstanding that the covenants, acts or things may not be enumerated in this section, it being the purpose of this section to give the state funding board power to do all things in the issuance of the bonds and for their security that may be consistent with the Tennessee constitution;
(15) Vest in a trustee or trustees, which may be located within or without the state, powers and duties, including the right to enforce any covenants made to secure, or to pay, the bonds, limitations on liabilities, and the terms and conditions upon which the holders of the bonds or any portion or percentage of them may enforce any covenants under the bonds or duties imposed by the bonds;
(16) Prescribe a procedure by which the terms of any resolution authorizing bonds, or any other contract with bondholders, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated and as to the amount of bonds the holders of which must consent to the amendment or abrogation, and the manner in which the consent must be given;
(17) Covenant and provide for the discharge and satisfaction and defeasance of all or any part of bonds and the indebtedness evidenced by the bonds; and
(18) Execute all instruments and perform such other acts as are necessary, convenient or desirable in the exercise of the powers granted in this section, or in the performance of the covenants or duties of the funding board.
(o) Nothing in this chapter shall be construed so as to impair the obligation of any contract made by the state upon any bonds, hedging agreements and ancillary agreements. The state covenants and agrees with the holders of the bonds that so long as the bonds are outstanding and unpaid, the state shall not limit or alter the rights and obligations of the state funding board and the commissioner under this section to prescribe, maintain and revise user fees and apply the user fee revenues and other moneys on deposit in the state user fee fund, including the continuing appropriation thereof, as provided in this chapter.
Amended by 2023 Tenn. Acts, ch. 159, s 26, eff. 4/17/2023.
Amended by 2023 Tenn. Acts, ch. 159, s 25, eff. 4/17/2023.
Acts 2007 , ch. 597, § 10.
Tenn. Code Ann. § 54-12-321 — TN Code / Title 54 / Chapter 12 / Section 54-12-321
Special maintenance fund - Disbursements - Manner
Status: in_force

(a) The amounts collected shall be a fund to be used for the purposes named, and shall be paid out for the purposes, on the order or warrant of the county mayor; but before payment is made, all accounts or claims for work done for the purposes named shall be approved by the board of directors of the district, by resolution or motion, spread of record on the minutes of the board. (b) A copy of the minutes shall be presented to the monthly county court, and approved by the court, and spread of record in the court on the road improvement record. (c) The payments in all respects shall be made as now provided by law for the paying out of road improvement funds. Acts 1919, ch. 193, § 122; Shan. Supp., § 1682a136; Code 1932, § 2951; modified; T.C.A. (orig. ed.), § 54-1521; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 2003, ch. 90, § 2.
(a) The amounts collected shall be a fund to be used for the purposes named, and shall be paid out for the purposes, on the order or warrant of the county mayor; but before payment is made, all accounts or claims for work done for the purposes named shall be approved by the board of directors of the district, by resolution or motion, spread of record on the minutes of the board.
(b) A copy of the minutes shall be presented to the monthly county court, and approved by the court, and spread of record in the court on the road improvement record.
(c) The payments in all respects shall be made as now provided by law for the paying out of road improvement funds.
Acts 1919, ch. 193, § 122; Shan. Supp., § 1682a136; Code 1932, § 2951; modified; T.C.A. (orig. ed.), § 54-1521; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 54-12-119 — TN Code / Title 54 / Chapter 12 / Section 54-12-119
Refund to petitioners and their sureties paying preliminary expenses
Status: in_force

All sums paid by the petitioners or their sureties on their bonds shall be refunded and repaid to the person or persons paying the sums out of the funds of the improvement district when the funds have been realized under parts 2 and 4 of this chapter. Acts 1919, ch. 193, § 119; Shan. Supp., § 1682a133; Code 1932, § 2948; T.C.A. (orig. ed.), § 54-1319.
All sums paid by the petitioners or their sureties on their bonds shall be refunded and repaid to the person or persons paying the sums out of the funds of the improvement district when the funds have been realized under parts 2 and 4 of this chapter.
Acts 1919, ch. 193, § 119; Shan. Supp., § 1682a133; Code 1932, § 2948; T.C.A. (orig. ed.), § 54-1319.
Tenn. Code Ann. § 54-5-111 — TN Code / Title 54 / Chapter 5 / Section 54-5-111
Rights-of-way for state highways - Liability for cost
Status: in_force

(a) The state is liable for and shall be held to pay, through its department of transportation and as other highway expenses are paid, for all rights-of-way and damages and costs incident to the acquisition and use of rights-of-way, whether by condemnation suits or otherwise as provided by existing laws, necessary to the construction of any highway, or parts of any highway, designated and adopted by the department as and for a state or state and federal aid highway in the state's system of highways. (b) No county affected by the highways shall be liable for the rights-of-way and damages and costs incident to the acquisition and use of rights-of-way, nor shall any county pay or enter into an agreement to pay any part of the costs. Acts 1931, ch. 57, § 1; C. Supp. 1950, § 3178.1; impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 126, § 1; 1968, ch. 482, § 1; 1972, ch. 463, § 4; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-511; Acts 1981, ch. 264, § 12.
(a) The state is liable for and shall be held to pay, through its department of transportation and as other highway expenses are paid, for all rights-of-way and damages and costs incident to the acquisition and use of rights-of-way, whether by condemnation suits or otherwise as provided by existing laws, necessary to the construction of any highway, or parts of any highway, designated and adopted by the department as and for a state or state and federal aid highway in the state's system of highways.
(b) No county affected by the highways shall be liable for the rights-of-way and damages and costs incident to the acquisition and use of rights-of-way, nor shall any county pay or enter into an agreement to pay any part of the costs.
Acts 1931, ch. 57, § 1; C. Supp. 1950, § 3178.1; impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 126, § 1; 1968, ch. 482, § 1; 1972, ch. 463, § 4; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-511; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-5-1302 — TN Code / Title 54 / Chapter 5 / Section 54-5-1302
Compliance with other requirements
Status: in_force

(a) In all respects, the erection of TODS shall comply with: (1) The Manual on Uniform Traffic Control Devices; (2) Local zoning and local zoning authorities; and (3) All laws and regulations for scenic highways, in accordance with chapter 17, part 1 of this title, and scenic parkways, chapter 17, part 2 of this title. (b) Any TODS sign that was, or is, erected or installed within the right-of-way of any state highway by any local government or any entity other than the department or a contractor acting for the department is hereby declared illegal, and the sign shall be removed by the local government or entity that erected or installed it; provided, however, that the cost of removal may be recovered from the facility or facilities advertised on the sign. If the local government or entity fails or refuses to remove the sign within one hundred eighty (180) days after ordered by the department, the department shall remove the sign and may recover the cost of removal from the local government that constructed the sign. This subsection (b) shall not apply to any TODS sign erected or installed prior to April 27, 2016, within any county having a population of not less than eighty-nine thousand eight hundred (89,800) nor more than eighty-nine thousand nine hundred (89,900), according to the 2010 federal census or any subsequent federal census. Amended by 2017 Tenn. Acts, ch. 23,s 1, eff. 3/29/2017. Amended by 2016 Tenn. Acts, ch. 892,s 2, eff. 4/27/2016. Acts 1993, ch. 505, § 4; T.C.A., § 54-5-1303 ; Acts 1995, ch. 518, § 3.
(a) In all respects, the erection of TODS shall comply with: (1) The Manual on Uniform Traffic Control Devices; (2) Local zoning and local zoning authorities; and (3) All laws and regulations for scenic highways, in accordance with chapter 17, part 1 of this title, and scenic parkways, chapter 17, part 2 of this title.
(1) The Manual on Uniform Traffic Control Devices;
(2) Local zoning and local zoning authorities; and
(3) All laws and regulations for scenic highways, in accordance with chapter 17, part 1 of this title, and scenic parkways, chapter 17, part 2 of this title.
(b) Any TODS sign that was, or is, erected or installed within the right-of-way of any state highway by any local government or any entity other than the department or a contractor acting for the department is hereby declared illegal, and the sign shall be removed by the local government or entity that erected or installed it; provided, however, that the cost of removal may be recovered from the facility or facilities advertised on the sign. If the local government or entity fails or refuses to remove the sign within one hundred eighty (180) days after ordered by the department, the department shall remove the sign and may recover the cost of removal from the local government that constructed the sign. This subsection (b) shall not apply to any TODS sign erected or installed prior to April 27, 2016, within any county having a population of not less than eighty-nine thousand eight hundred (89,800) nor more than eighty-nine thousand nine hundred (89,900), according to the 2010 federal census or any subsequent federal census.
Amended by 2017 Tenn. Acts, ch. 23,s 1, eff. 3/29/2017.
Amended by 2016 Tenn. Acts, ch. 892,s 2, eff. 4/27/2016.
Acts 1993, ch. 505, § 4; T.C.A., § 54-5-1303 ; Acts 1995, ch. 518, § 3.
Tenn. Code Ann. § 54-9-122 — TN Code / Title 54 / Chapter 9 / Section 54-9-122
County legislative body called to fill vacancy - Other members act till vacancy is filled
Status: in_force

Should any vacancy occur in the commission, it shall be the duty of the county mayor to call the county legislative body together immediately to elect a successor to fill the vacancy, and the remaining commissioners shall transact any business as if no vacancy had occurred until the vacancy has been filled. Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a24; Code 1932, § 2985; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 54-824; Acts 2003, ch. 90, § 2.
Should any vacancy occur in the commission, it shall be the duty of the county mayor to call the county legislative body together immediately to elect a successor to fill the vacancy, and the remaining commissioners shall transact any business as if no vacancy had occurred until the vacancy has been filled.
Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a24; Code 1932, § 2985; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 54-824; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 54-5-137 — TN Code / Title 54 / Chapter 5 / Section 54-5-137
Elimination of hazardous right-of-way conditions
Status: in_force

It is the intent of the department to make reasonable efforts to eliminate conditions on highway rights-of-way that are hazardous to an adjoining landowner's health, welfare and safety. Acts 1986, ch. 806, § 1.
It is the intent of the department to make reasonable efforts to eliminate conditions on highway rights-of-way that are hazardous to an adjoining landowner's health, welfare and safety.
Acts 1986, ch. 806, § 1.
Tenn. Code Ann. § 54-12-134 — TN Code / Title 54 / Chapter 12 / Section 54-12-134
Sufficiency of petition determined - Amendment of petition - District allowed or refused - If no claim for damages, district located and established
Status: in_force

(a) The monthly county court, upon the hearing of the petition at the time set for hearing, or at the time to which the matter has been adjourned or continued, shall determine the sufficiency of the petition in form and manner, which petition may be amended at any time, as to form and substance, before final action on the petition; and if the court finds that the improvement district would not be for the public benefit or utility, or conducive to the public health or welfare, it shall dismiss the proceedings. (b) If the court should find the improvement conducive to the public health or welfare, or to the public benefit or utility, it shall determine and adjudge the necessity of the road improvement district. (c) If no claim for damages has been filed as provided for in §§ 54-12-136 - 54-12-151, the court may, if deemed advisable, locate and establish the district, or may refuse to establish the district, as the court deems best. Acts 1919, ch. 193, § 24; Shan. Supp., § 1682a35; Code 1932, § 2849; modified; T.C.A. (orig. ed.), § 54-1334.
(a) The monthly county court, upon the hearing of the petition at the time set for hearing, or at the time to which the matter has been adjourned or continued, shall determine the sufficiency of the petition in form and manner, which petition may be amended at any time, as to form and substance, before final action on the petition; and if the court finds that the improvement district would not be for the public benefit or utility, or conducive to the public health or welfare, it shall dismiss the proceedings.
(b) If the court should find the improvement conducive to the public health or welfare, or to the public benefit or utility, it shall determine and adjudge the necessity of the road improvement district.
(c) If no claim for damages has been filed as provided for in §§ 54-12-136 - 54-12-151, the court may, if deemed advisable, locate and establish the district, or may refuse to establish the district, as the court deems best.
Acts 1919, ch. 193, § 24; Shan. Supp., § 1682a35; Code 1932, § 2849; modified; T.C.A. (orig. ed.), § 54-1334.
Tenn. Code Ann. § 54-11-208 — TN Code / Title 54 / Chapter 11 / Section 54-11-208
Bridge tax - Special levy
Status: in_force

(a) The bridge or bridges shall be paid for by special tax, not to exceed, in any year, twenty cents (20¢) on the one hundred dollars' ($100) worth of property, to be levied by the county legislative body annually on all taxable property of the county, until the bridge or bridges are paid for, or until the interest-bearing warrants or bonds provided for in this part are redeemed. (b) Nothing in this part shall prevent the county legislative body from paying for the bridge or bridges or redeeming any or all of the warrants or bonds, out of any moneys or funds in the county treasury not otherwise appropriated. Acts 1885, ch. 149, § 2; Shan., § 1713; Code 1932, § 3023; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1114.
(a) The bridge or bridges shall be paid for by special tax, not to exceed, in any year, twenty cents (20¢) on the one hundred dollars' ($100) worth of property, to be levied by the county legislative body annually on all taxable property of the county, until the bridge or bridges are paid for, or until the interest-bearing warrants or bonds provided for in this part are redeemed.
(b) Nothing in this part shall prevent the county legislative body from paying for the bridge or bridges or redeeming any or all of the warrants or bonds, out of any moneys or funds in the county treasury not otherwise appropriated.
Acts 1885, ch. 149, § 2; Shan., § 1713; Code 1932, § 3023; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1114.
Tenn. Code Ann. § 54-10-216 — TN Code / Title 54 / Chapter 10 / Section 54-10-216
Alternative procedure for opening, changing, and closing of public roads in county that are not maintained by any other governmental entity
Status: in_force

(a) Notwithstanding this part to the contrary, a county legislative body, by resolution adopted by a two-thirds (2/3) majority vote, may adopt this subsection (a) as an alternative procedure for the opening, changing, and closing of public roads in the county that are not maintained by any other governmental entity. After adopting this subsection (a), each application to open, change, or close a designated public road in the county shall be made in writing to the chief administrative officer. Upon receiving an application to open, change, or close a public road, the chief administrative officer shall give notice to interested parties as provided in this part. The chief administrative officer shall make a recommendation to the regional planning commission, or a committee of the county legislative body if no such regional planning commission exists, regarding whether the public road should be opened, changed, or closed. Before making any recommendation with respect to opening, changing, or closing a road pursuant to this subsection (a), the regional planning commission, or committee of the county legislative body, shall provide notice of the action either by written notice mailed to affected property owners or by notice advertised in a newspaper of general circulation in the county not less than fourteen (14) days before the recommendation is made. After receiving the recommendation of the chief administrative officer, the regional planning commission or committee of the county legislative body shall make its recommendation to the county legislative body and shall attach the recommendation of the chief administrative officer. After receiving the recommendations as provided in this subsection (a), the county legislative body may, by resolution adopted by a majority of its members, order the opening, changing, or closure of the public road. (b) The committee of the county legislative body formed pursuant to subsection (a) shall be a standing committee of the county legislative body comprised of five (5) county legislative body members selected by the chair of the county legislative body each year on or before September 1. The committee shall only be formed if no regional planning commission exists to perform the functions under subsection (a) and shall operate for the sole purpose of considering applications to open, change, or close a county road and for no other purpose. (c) Adoption of the alternative procedure provided in subsection (a) does not preclude interested parties from seeking damages arising from the opening, changing, or closing of a county road to which they are otherwise entitled under the law. (d) As used in this section, "change", with respect to the changing of public roads, does not include any proposed or actual reduction of the maximum gross weight limits of freight motor vehicles operating over public roads. (e) Nothing in this section shall be construed to supersede § 55-7-205(a)(8) . To the extent that this section is in conflict with § 55-7-205(a)(8) , § 55-7-205(a)(8) controls. Amended by 2020 Tenn. Acts, ch. 585, s 1, eff. 3/20/2020. Acts 1995, ch. 478, § 1.
(a) Notwithstanding this part to the contrary, a county legislative body, by resolution adopted by a two-thirds (2/3) majority vote, may adopt this subsection (a) as an alternative procedure for the opening, changing, and closing of public roads in the county that are not maintained by any other governmental entity. After adopting this subsection (a), each application to open, change, or close a designated public road in the county shall be made in writing to the chief administrative officer. Upon receiving an application to open, change, or close a public road, the chief administrative officer shall give notice to interested parties as provided in this part. The chief administrative officer shall make a recommendation to the regional planning commission, or a committee of the county legislative body if no such regional planning commission exists, regarding whether the public road should be opened, changed, or closed. Before making any recommendation with respect to opening, changing, or closing a road pursuant to this subsection (a), the regional planning commission, or committee of the county legislative body, shall provide notice of the action either by written notice mailed to affected property owners or by notice advertised in a newspaper of general circulation in the county not less than fourteen (14) days before the recommendation is made. After receiving the recommendation of the chief administrative officer, the regional planning commission or committee of the county legislative body shall make its recommendation to the county legislative body and shall attach the recommendation of the chief administrative officer. After receiving the recommendations as provided in this subsection (a), the county legislative body may, by resolution adopted by a majority of its members, order the opening, changing, or closure of the public road.
(b) The committee of the county legislative body formed pursuant to subsection (a) shall be a standing committee of the county legislative body comprised of five (5) county legislative body members selected by the chair of the county legislative body each year on or before September 1. The committee shall only be formed if no regional planning commission exists to perform the functions under subsection (a) and shall operate for the sole purpose of considering applications to open, change, or close a county road and for no other purpose.
(c) Adoption of the alternative procedure provided in subsection (a) does not preclude interested parties from seeking damages arising from the opening, changing, or closing of a county road to which they are otherwise entitled under the law.
(d) As used in this section, "change", with respect to the changing of public roads, does not include any proposed or actual reduction of the maximum gross weight limits of freight motor vehicles operating over public roads.
(e) Nothing in this section shall be construed to supersede § 55-7-205(a)(8) . To the extent that this section is in conflict with § 55-7-205(a)(8) , § 55-7-205(a)(8) controls.
Amended by 2020 Tenn. Acts, ch. 585, s 1, eff. 3/20/2020.
Acts 1995, ch. 478, § 1.
Tenn. Code Ann. § 54-17-113 — TN Code / Title 54 / Chapter 17 / Section 54-17-113
Statutory conflict
Status: in_force

Whenever a provision of this part is found to be in conflict with a provision of any private or public act or local ordinance or code, the provision that establishes the higher standard for promotion and protection of the health, safety, and welfare of the people shall prevail; provided, that §§ 54-17-108 and 54-17-115 shall prevail in all applicable instances, any other provision of law to the contrary notwithstanding. Acts 1971, ch. 431, § 13; 1976, ch. 819, § 9; T.C.A., § 54-2513.
Whenever a provision of this part is found to be in conflict with a provision of any private or public act or local ordinance or code, the provision that establishes the higher standard for promotion and protection of the health, safety, and welfare of the people shall prevail; provided, that §§ 54-17-108 and 54-17-115 shall prevail in all applicable instances, any other provision of law to the contrary notwithstanding.
Acts 1971, ch. 431, § 13; 1976, ch. 819, § 9; T.C.A., § 54-2513.
Tenn. Code Ann. § 54-1-505 — TN Code / Title 54 / Chapter 1 / Section 54-1-505
Protesting the award of a CM/GC or PDB contract
Status: in_force

(a) A proposer who participated in the CM/GC or PDB RFP process may protest the award of a CM/GC or PDB contract to the commissioner. The protest shall be submitted in writing within seven (7) calendar days after the proposer knows or should have known of the facts giving rise to the protest. In the case of a pending award, a stay of award may be requested. The commissioner or the commissioner's designee has the authority to settle and resolve a protest. (b) Upon receipt of the "notice of award" letter which will be sent to all proposers by email, facsimile or mail prior to awarding the contract to the recommended proposer, the proposers shall have seven (7) calendar days to review the procurement file and to file a protest. In no event shall any protest be allowed, however, more than seven (7) calendar days after the proposer knew or should have known of the facts giving rise to the protest. If no protest letter with a protest bond is received in accordance with the requirements described in this subsection (b), then the department shall proceed with the award. The protest procedures and protest bond requirements are as follows: (1) The protester shall deliver by mail or hand delivery an original protest letter, manually signed in ink, with a protest bond to the commissioner within seven (7) calendar days after the proposer knew or should have known of the facts giving rise to the protest. The protest letter shall include the solicitation number, the reason or reasons for the protest, and the signature of an attorney or protesting party indicating that the signer has read the document, and that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass, limit competition, or to cause unnecessary delay or needless increase in the cost of the procurement or of the litigation; (2) The protest, and any review or appeal thereof, shall be based exclusively on the written record of the CM/GC or PDB procurement process described in § 54-1-504(b)(2) and (3) , unless there are specific factual allegations that, in the course of evaluating or scoring the proposals, the selection committee or a member thereof has engaged in unlawful conduct or conduct so arbitrary and capricious as to amount to an illegality, in which case evidence outside the written record may be submitted; (3) The protest bond shall be in the amount of two percent (2%) of the department's estimate of the total project cost; (4) If the protest is not resolved by mutual agreement, the protester may request that the matter be considered at a meeting with the state protest committee created in § 4-56-103 . The protester shall be required to submit a letter of appeal to the commissioner of general services and the commissioner of transportation requesting a meeting with the state protest committee within seven (7) calendar days from the date of the final determination letter provided by the commissioner or the commissioner's designee. In the event that a letter of appeal is not received within the seven (7) calendar days, the department shall proceed with an award; (5) If the protester submits a letter of appeal to the state protest committee within the seven (7) calendar days, the state protest committee shall hold a protest meeting and make a final determination in writing to the protester and the commissioner; (6) The department shall hold the protest bond for at least eleven (11) calendar days after the date of the final determination by the commissioner or the commissioner's designee. If the protester appeals the commissioner's final determination to the state protest committee, the protest bond shall be held until the commissioner is instructed by the state protest committee to either keep the bond or return it to the protester. The protester shall be notified in writing of the decision to keep the protest bond or shall be sent the protest bond by certified mail; provided, however, that the bond may only be retained if the commissioner determines that there is substantial evidence in the record to establish that the protest was brought or pursued in bad faith, or that the protest does not state on its face a valid basis for protest; (7) A decision rendered by the state protest committee may be appealed by filing a petition for a writ of certiorari with the Chancery Court of Davidson County within sixty (60) days of the state protest committee's final decision. Amended by 2023 Tenn. Acts, ch. 159, s 14, eff. 4/17/2023. Acts 2013, ch. 366, § 1; 2019, ch. 106, § 8.
(a) A proposer who participated in the CM/GC or PDB RFP process may protest the award of a CM/GC or PDB contract to the commissioner. The protest shall be submitted in writing within seven (7) calendar days after the proposer knows or should have known of the facts giving rise to the protest. In the case of a pending award, a stay of award may be requested. The commissioner or the commissioner's designee has the authority to settle and resolve a protest.
(b) Upon receipt of the "notice of award" letter which will be sent to all proposers by email, facsimile or mail prior to awarding the contract to the recommended proposer, the proposers shall have seven (7) calendar days to review the procurement file and to file a protest. In no event shall any protest be allowed, however, more than seven (7) calendar days after the proposer knew or should have known of the facts giving rise to the protest. If no protest letter with a protest bond is received in accordance with the requirements described in this subsection (b), then the department shall proceed with the award. The protest procedures and protest bond requirements are as follows: (1) The protester shall deliver by mail or hand delivery an original protest letter, manually signed in ink, with a protest bond to the commissioner within seven (7) calendar days after the proposer knew or should have known of the facts giving rise to the protest. The protest letter shall include the solicitation number, the reason or reasons for the protest, and the signature of an attorney or protesting party indicating that the signer has read the document, and that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass, limit competition, or to cause unnecessary delay or needless increase in the cost of the procurement or of the litigation; (2) The protest, and any review or appeal thereof, shall be based exclusively on the written record of the CM/GC or PDB procurement process described in § 54-1-504(b)(2) and (3) , unless there are specific factual allegations that, in the course of evaluating or scoring the proposals, the selection committee or a member thereof has engaged in unlawful conduct or conduct so arbitrary and capricious as to amount to an illegality, in which case evidence outside the written record may be submitted; (3) The protest bond shall be in the amount of two percent (2%) of the department's estimate of the total project cost; (4) If the protest is not resolved by mutual agreement, the protester may request that the matter be considered at a meeting with the state protest committee created in § 4-56-103 . The protester shall be required to submit a letter of appeal to the commissioner of general services and the commissioner of transportation requesting a meeting with the state protest committee within seven (7) calendar days from the date of the final determination letter provided by the commissioner or the commissioner's designee. In the event that a letter of appeal is not received within the seven (7) calendar days, the department shall proceed with an award; (5) If the protester submits a letter of appeal to the state protest committee within the seven (7) calendar days, the state protest committee shall hold a protest meeting and make a final determination in writing to the protester and the commissioner; (6) The department shall hold the protest bond for at least eleven (11) calendar days after the date of the final determination by the commissioner or the commissioner's designee. If the protester appeals the commissioner's final determination to the state protest committee, the protest bond shall be held until the commissioner is instructed by the state protest committee to either keep the bond or return it to the protester. The protester shall be notified in writing of the decision to keep the protest bond or shall be sent the protest bond by certified mail; provided, however, that the bond may only be retained if the commissioner determines that there is substantial evidence in the record to establish that the protest was brought or pursued in bad faith, or that the protest does not state on its face a valid basis for protest; (7) A decision rendered by the state protest committee may be appealed by filing a petition for a writ of certiorari with the Chancery Court of Davidson County within sixty (60) days of the state protest committee's final decision.
(1) The protester shall deliver by mail or hand delivery an original protest letter, manually signed in ink, with a protest bond to the commissioner within seven (7) calendar days after the proposer knew or should have known of the facts giving rise to the protest. The protest letter shall include the solicitation number, the reason or reasons for the protest, and the signature of an attorney or protesting party indicating that the signer has read the document, and that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass, limit competition, or to cause unnecessary delay or needless increase in the cost of the procurement or of the litigation;
(2) The protest, and any review or appeal thereof, shall be based exclusively on the written record of the CM/GC or PDB procurement process described in § 54-1-504(b)(2) and (3) , unless there are specific factual allegations that, in the course of evaluating or scoring the proposals, the selection committee or a member thereof has engaged in unlawful conduct or conduct so arbitrary and capricious as to amount to an illegality, in which case evidence outside the written record may be submitted;
(3) The protest bond shall be in the amount of two percent (2%) of the department's estimate of the total project cost;
(4) If the protest is not resolved by mutual agreement, the protester may request that the matter be considered at a meeting with the state protest committee created in § 4-56-103 . The protester shall be required to submit a letter of appeal to the commissioner of general services and the commissioner of transportation requesting a meeting with the state protest committee within seven (7) calendar days from the date of the final determination letter provided by the commissioner or the commissioner's designee. In the event that a letter of appeal is not received within the seven (7) calendar days, the department shall proceed with an award;
(5) If the protester submits a letter of appeal to the state protest committee within the seven (7) calendar days, the state protest committee shall hold a protest meeting and make a final determination in writing to the protester and the commissioner;
(6) The department shall hold the protest bond for at least eleven (11) calendar days after the date of the final determination by the commissioner or the commissioner's designee. If the protester appeals the commissioner's final determination to the state protest committee, the protest bond shall be held until the commissioner is instructed by the state protest committee to either keep the bond or return it to the protester. The protester shall be notified in writing of the decision to keep the protest bond or shall be sent the protest bond by certified mail; provided, however, that the bond may only be retained if the commissioner determines that there is substantial evidence in the record to establish that the protest was brought or pursued in bad faith, or that the protest does not state on its face a valid basis for protest;
(7) A decision rendered by the state protest committee may be appealed by filing a petition for a writ of certiorari with the Chancery Court of Davidson County within sixty (60) days of the state protest committee's final decision.
Amended by 2023 Tenn. Acts, ch. 159, s 14, eff. 4/17/2023.
Acts 2013, ch. 366, § 1; 2019, ch. 106, § 8.
Tenn. Code Ann. § 54-18-215 — TN Code / Title 54 / Chapter 18 / Section 54-18-215
Delay in granting permits
Status: in_force

(a) Should the board find and by resolution declare that the construction of a building will substantially destroy the objectives of the official map, the board may delay the granting of a permit for a period not to exceed forty (40) days from the date of adoption of the resolution, during which time the board shall be given a further opportunity to negotiate with the applicant and attempt to reach agreement, to be specified in a permit, as to the location, area, height, character and other details of the proposed construction so that the objectives of the official map may be met. (b) During this period, the proper highway officials may also negotiate for the purchase of the property or prepare for condemnation. (c) (1) After the expiration of the forty (40) days, the board shall issue the permit unconditionally; or in the event the board refuses to issue the permit upon demand, the applicant may construct the building without the permit required by this part to ensure preservation of property rights. (2) However, any building costing less than three thousand dollars ($3,000) shall receive a permit to become effective forty (40) days after receipt of the application by the board, and the hearing specified in § 54-18-213 shall not be held in connection with the applications for the permits. Acts 1965, ch. 251, § 13; T.C.A., §§ 54-2215, 54-19-115.
(a) Should the board find and by resolution declare that the construction of a building will substantially destroy the objectives of the official map, the board may delay the granting of a permit for a period not to exceed forty (40) days from the date of adoption of the resolution, during which time the board shall be given a further opportunity to negotiate with the applicant and attempt to reach agreement, to be specified in a permit, as to the location, area, height, character and other details of the proposed construction so that the objectives of the official map may be met.
(b) During this period, the proper highway officials may also negotiate for the purchase of the property or prepare for condemnation.
(c) (1) After the expiration of the forty (40) days, the board shall issue the permit unconditionally; or in the event the board refuses to issue the permit upon demand, the applicant may construct the building without the permit required by this part to ensure preservation of property rights. (2) However, any building costing less than three thousand dollars ($3,000) shall receive a permit to become effective forty (40) days after receipt of the application by the board, and the hearing specified in § 54-18-213 shall not be held in connection with the applications for the permits.
(1) After the expiration of the forty (40) days, the board shall issue the permit unconditionally; or in the event the board refuses to issue the permit upon demand, the applicant may construct the building without the permit required by this part to ensure preservation of property rights.
(2) However, any building costing less than three thousand dollars ($3,000) shall receive a permit to become effective forty (40) days after receipt of the application by the board, and the hearing specified in § 54-18-213 shall not be held in connection with the applications for the permits.
Acts 1965, ch. 251, § 13; T.C.A., §§ 54-2215, 54-19-115.
Tenn. Code Ann. § 54-12-108 — TN Code / Title 54 / Chapter 12 / Section 54-12-108
Contents of petition - Hearing - Publication for landowner defendants
Status: in_force

(a) The court shall set a day for a hearing, and direct publication be made for all landowners set out in the petition who are not petitioners, when: (1) A petition is filed with all the necessary allegations, and the petition is sworn to, by one (1) or more of the petitioners, and shows that sixty percent (60%) in acres of the land within the boundaries of the district sought to be created is owned by the petitioners; (2) The petition is accompanied by a general plat, and a general description of the district sought to be created; (3) A description by surrounding landowners is given in the petition of the respective tracts of land, within the bounds, and the names of the owners of the tracts who are not petitioners, are set out in the petition; (4) The petitioners ask that provision be made for funds to defray the preliminary costs and expenses up to that stage in the proceedings where the report of the commissioners for the assessment of benefits has been filed and confirmed; and (5) The monthly county court deems it expedient that provisions should be made for a fund to cover the preliminary costs and expenses. (b) Publication shall be made in some newspaper published in the county in which the district is located, and if located in more than one (1) county, then in a newspaper in each county, the publications to be for three (3) consecutive weeks, the last publication to be at least ten (10) days before the day set for the hearing. The publication shall notify the landowners of the pending suit, and the prayer for the creation of a fund to pay the preliminary costs and expenses, and the day fixed for the hearing, and notify them to appear and show cause why an assessment to create the fund should not be made. Acts 1919, ch. 193, § 3; Shan. Supp., § 1682a15; Code 1932, § 2828; modified; T.C.A. (orig. ed.), § 54-1308.
(a) The court shall set a day for a hearing, and direct publication be made for all landowners set out in the petition who are not petitioners, when: (1) A petition is filed with all the necessary allegations, and the petition is sworn to, by one (1) or more of the petitioners, and shows that sixty percent (60%) in acres of the land within the boundaries of the district sought to be created is owned by the petitioners; (2) The petition is accompanied by a general plat, and a general description of the district sought to be created; (3) A description by surrounding landowners is given in the petition of the respective tracts of land, within the bounds, and the names of the owners of the tracts who are not petitioners, are set out in the petition; (4) The petitioners ask that provision be made for funds to defray the preliminary costs and expenses up to that stage in the proceedings where the report of the commissioners for the assessment of benefits has been filed and confirmed; and (5) The monthly county court deems it expedient that provisions should be made for a fund to cover the preliminary costs and expenses.
(1) A petition is filed with all the necessary allegations, and the petition is sworn to, by one (1) or more of the petitioners, and shows that sixty percent (60%) in acres of the land within the boundaries of the district sought to be created is owned by the petitioners;
(2) The petition is accompanied by a general plat, and a general description of the district sought to be created;
(3) A description by surrounding landowners is given in the petition of the respective tracts of land, within the bounds, and the names of the owners of the tracts who are not petitioners, are set out in the petition;
(4) The petitioners ask that provision be made for funds to defray the preliminary costs and expenses up to that stage in the proceedings where the report of the commissioners for the assessment of benefits has been filed and confirmed; and
(5) The monthly county court deems it expedient that provisions should be made for a fund to cover the preliminary costs and expenses.
(b) Publication shall be made in some newspaper published in the county in which the district is located, and if located in more than one (1) county, then in a newspaper in each county, the publications to be for three (3) consecutive weeks, the last publication to be at least ten (10) days before the day set for the hearing. The publication shall notify the landowners of the pending suit, and the prayer for the creation of a fund to pay the preliminary costs and expenses, and the day fixed for the hearing, and notify them to appear and show cause why an assessment to create the fund should not be made.
Acts 1919, ch. 193, § 3; Shan. Supp., § 1682a15; Code 1932, § 2828; modified; T.C.A. (orig. ed.), § 54-1308.
Tenn. Code Ann. § 54-13-101 — TN Code / Title 54 / Chapter 13 / Section 54-13-101
Private and local improvements authorized by county legislative body
Status: in_force

The county legislative body may provide for making private and local improvements, within the limits of the county, that are contemplated by the Constitution of Tennessee, Article XI, §§ 9 and 10 under restrictions, limitations, and conditions that in its discretion seem right and proper, such as public roads, and the like. Amended by 2013 Tenn. Acts, ch. 308, s 12, eff. 7/1/2013. Code 1858, § 1257 (deriv. Acts 1835-1836, ch. 29, § 1); Shan., § 1721; Code 1932, § 3047; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1701.
The county legislative body may provide for making private and local improvements, within the limits of the county, that are contemplated by the Constitution of Tennessee, Article XI, §§ 9 and 10 under restrictions, limitations, and conditions that in its discretion seem right and proper, such as public roads, and the like.
Amended by 2013 Tenn. Acts, ch. 308, s 12, eff. 7/1/2013.
Code 1858, § 1257 (deriv. Acts 1835-1836, ch. 29, § 1); Shan., § 1721; Code 1932, § 3047; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1701.
Tenn. Code Ann. § 54-21-114 — TN Code / Title 54 / Chapter 21 / Section 54-21-114
Exceptions
Status: in_force

This chapter does not apply to signs or markers identifying the location or depth of underground communications and power cables, water mains, gas transmission lines, and other utility facilities located within or without the boundary of the right-of-way of the interstate or primary highway systems in the state. Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Acts 1972, ch. 655, § 14; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2614; Acts 1980, ch. 470, § 2; 2006, ch. 678, § 1.
This chapter does not apply to signs or markers identifying the location or depth of underground communications and power cables, water mains, gas transmission lines, and other utility facilities located within or without the boundary of the right-of-way of the interstate or primary highway systems in the state.
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Acts 1972, ch. 655, § 14; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2614; Acts 1980, ch. 470, § 2; 2006, ch. 678, § 1.