Tenn. Code Ann. § 54-5-208 — TN Code / Title 54 / Chapter 5 / Section 54-5-208
Eminent domain within municipalities
Status: in_force

In the event it becomes necessary for the commissioner to proceed under this section and §§ 54-5-207 , 54-5-209 and 54-5-210 , the state, acting through the commissioner, is authorized and empowered to exercise the power of eminent domain within municipalities for streets designated as part of the interstate and national defense system of highways. Impl. am. Acts 1959, ch. 9, § 3; Acts 1961, ch. 230, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-554; Acts 1981, ch. 264, § 12.
In the event it becomes necessary for the commissioner to proceed under this section and §§ 54-5-207 , 54-5-209 and 54-5-210 , the state, acting through the commissioner, is authorized and empowered to exercise the power of eminent domain within municipalities for streets designated as part of the interstate and national defense system of highways.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1961, ch. 230, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-554; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-12-310 — TN Code / Title 54 / Chapter 12 / Section 54-12-310
Bond or cash deposit required of successful bidders
Status: in_force

The successful bidder shall be required to execute a bond, with sufficient sureties, payable to the county, for the use and benefit of the improvement district, in an amount equal to twenty-five percent (25%) of the estimated cost of the work, so let or that amount may be deposited in cash with the treasurer of the board of directors as security for the performance of the contract, and upon the execution of the bond or the making of the deposit, the deposit originally made with the bid shall be returned. Acts 1919, ch. 193, § 76; Shan. Supp., § 1682a90; Code 1932, § 2904; T.C.A. (orig. ed.), § 54-1510.
The successful bidder shall be required to execute a bond, with sufficient sureties, payable to the county, for the use and benefit of the improvement district, in an amount equal to twenty-five percent (25%) of the estimated cost of the work, so let or that amount may be deposited in cash with the treasurer of the board of directors as security for the performance of the contract, and upon the execution of the bond or the making of the deposit, the deposit originally made with the bid shall be returned.
Acts 1919, ch. 193, § 76; Shan. Supp., § 1682a90; Code 1932, § 2904; T.C.A. (orig. ed.), § 54-1510.
Tenn. Code Ann. § 54-2-102 — TN Code / Title 54 / Chapter 2 / Section 54-2-102
Custody of department of transportation funds
Status: in_force

All funds, revenues, taxes and proceeds of notes or bond issues that are now or may be hereafter devoted or allocated to the department of transportation shall be placed in the custody of the state treasurer in an account to be known as the "department of transportation state highway fund" or "highway fund." Acts 1931 (2nd Ex. Sess.), ch. 7, § 1; mod. C. Supp. 1950, § 3196.1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-202; Acts 1981, ch. 264, § 12; 2009, ch. 197, § 2.
All funds, revenues, taxes and proceeds of notes or bond issues that are now or may be hereafter devoted or allocated to the department of transportation shall be placed in the custody of the state treasurer in an account to be known as the "department of transportation state highway fund" or "highway fund."
Acts 1931 (2nd Ex. Sess.), ch. 7, § 1; mod. C. Supp. 1950, § 3196.1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-202; Acts 1981, ch. 264, § 12; 2009, ch. 197, § 2.
Tenn. Code Ann. § 54-12-136 — TN Code / Title 54 / Chapter 12 / Section 54-12-136
Claims for damages prevent establishment of district until viewers appointed - Qualifications - Engineer to accompany viewers and give them information
Status: in_force

If any claims for damages have been filed, as provided in § 54-12-133 , the monthly county court shall not establish the district until viewers have been appointed and have reported, and the court shall proceed to appoint three (3) viewers to assess the damages, who shall be disinterested freeholders of the county, and not related to any party interested in the proposed improvement, nor themselves interested in a like improvement, and the engineer appointed by the court shall accompany the viewers and furnish information called for by them concerning the survey of the improvement. Acts 1919, ch. 193, § 26; Shan. Supp., § 1682a37; Code 1932, § 2851; modified; T.C.A. (orig. ed.), § 54-1336.
If any claims for damages have been filed, as provided in § 54-12-133 , the monthly county court shall not establish the district until viewers have been appointed and have reported, and the court shall proceed to appoint three (3) viewers to assess the damages, who shall be disinterested freeholders of the county, and not related to any party interested in the proposed improvement, nor themselves interested in a like improvement, and the engineer appointed by the court shall accompany the viewers and furnish information called for by them concerning the survey of the improvement.
Acts 1919, ch. 193, § 26; Shan. Supp., § 1682a37; Code 1932, § 2851; modified; T.C.A. (orig. ed.), § 54-1336.
Tenn. Code Ann. § 54-21-113 — TN Code / Title 54 / Chapter 21 / Section 54-21-113
Commissioner's authority to enter into agreement with secretary of transportation
Status: in_force

(a) The commissioner is authorized and directed to enter into agreements with the secretary of transportation of the United States regarding the definition of unzoned industrial and commercial areas; and regarding the size, lighting, and spacing of outdoor advertising devices that may be erected and maintained within six hundred sixty feet (660') of the nearest edge of the right-of-way within the areas adjacent to the interstate and primary systems that are zoned industrial or commercial under the authority of state or local law, or in unzoned industrial or commercial areas that may be permitted in accordance with the terms of the agreement between the commissioner and the secretary of transportation of the United States. In any agreement entered into with the secretary of transportation, the commissioner reserves the right to renegotiate or make whatever modifications are necessary to conform to any subsequent amendments to the federal Highway Beautification Act of 1965, compiled in 23 U.S.C. §§ 131 , 136 , and 319 . Any modification of the agreement with the United States department of transportation that the commissioner signed on or about November 11, 1971, or any subsequent agreement becomes effective only upon passage of an act authorizing the modification by the general assembly. (b) The commissioner is authorized to execute a modification of the agreement signed on or about November 11, 1971, to change the maximum area for any one (1) outdoor advertising device from one thousand two hundred square feet (1,200 sq. ft.) to seven hundred seventy-five square feet (775 sq. ft.); to reduce the optional maximum square footage of outdoor advertising devices authorized in counties having a population greater than two hundred fifty thousand (250,000) from three thousand square feet (3,000 sq. ft.) to one thousand two hundred square feet (1,200 sq. ft.); to modify the agreement to change the minimum spacing of outdoor advertising devices on the interstate system and controlled access highways on the primary system from five hundred feet (500') to one thousand feet (1,000') where the same are not separated by buildings or other obstructions, so that only one (1) outdoor advertising device is visible from the highway at any one (1) time; to change the minimum spacing on noncontrolled access highways on the primary system outside the corporate limits of a municipality from three hundred feet (300') to five hundred feet (500'); and to change the minimum distance from an interchange, or intersection at grade, on the interstate system or controlled access highways on the primary system, outside incorporated cities, from five hundred feet (500') to one thousand feet (1,000'). Inside the corporate limits of a municipality, the distance between signs remains one hundred feet (100'). Permits issued prior to any change authorized for outdoor advertising devices or for outdoor advertising devices subsequently erected pursuant to the permit, that meet size, lighting, spacing, and zoning criteria are unaffected. (c) The commissioner is further authorized to change the definition of an unzoned commercial or industrial area to provide that only those areas on which there is located one (1) or more permanent structures within which a commercial or an industrial business is actively conducted, and that are equipped with all customary utilities facilities and open to the public regularly or regularly used by employees of the business as their principal work station, or that, due to the nature of the business, are equipped, staffed, and accessible to the public as is customary, may be so defined. (d) (1) The commissioner is authorized to execute a modification of the agreement signed on or about November 11, 1971, to change the minimum distance from an interchange, or intersection, at grade, on the interstate system or controlled access highway on the primary system, outside incorporated cities, to five hundred feet (500') when the interchange or intersection is within two thousand five hundred feet (2,500') of an interchange or intersection, at grade, of a welcome station. This distance may be measured from that side of the interstate or controlled access highway on which the outdoor advertising is to be located if a determination is made by the commissioner that there exists a geographical feature or foliage in the median of the highway that would substantially block visibility of such outdoor advertising device from any lane of highway on the opposite side of the median. (2) If the commissioner is formally notified by the appropriate federal offices of the United States department of transportation that as a result of any provision of this subsection (d), the state will lose federal funds or if a loss of federal funds occurs, then the provision is void and inoperative. (3) If this subsection (d) is found to be void and inoperative, or if notice is received from the United States department of transportation as provided in subdivision (d)(2), then any outdoor advertising device placed pursuant to this subsection (d) must be removed immediately by and at the expense of the owner. Failure to remove the outdoor advertising device renders the sign a public nuisance and § 54-21-105 applies. Nothing in this subsection (d) grants an absolute right in the placement of an outdoor advertising device or makes the state in any way liable under this subsection (d), if this subsection (d) is found in violation of any federal regulations as provided in subdivision (d)(2). Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Acts 1972, ch. 655, § 13; T.C.A., § 54-2613; Acts 1989, ch. 591, § 113.
(a) The commissioner is authorized and directed to enter into agreements with the secretary of transportation of the United States regarding the definition of unzoned industrial and commercial areas; and regarding the size, lighting, and spacing of outdoor advertising devices that may be erected and maintained within six hundred sixty feet (660') of the nearest edge of the right-of-way within the areas adjacent to the interstate and primary systems that are zoned industrial or commercial under the authority of state or local law, or in unzoned industrial or commercial areas that may be permitted in accordance with the terms of the agreement between the commissioner and the secretary of transportation of the United States. In any agreement entered into with the secretary of transportation, the commissioner reserves the right to renegotiate or make whatever modifications are necessary to conform to any subsequent amendments to the federal Highway Beautification Act of 1965, compiled in 23 U.S.C. §§ 131 , 136 , and 319 . Any modification of the agreement with the United States department of transportation that the commissioner signed on or about November 11, 1971, or any subsequent agreement becomes effective only upon passage of an act authorizing the modification by the general assembly.
(b) The commissioner is authorized to execute a modification of the agreement signed on or about November 11, 1971, to change the maximum area for any one (1) outdoor advertising device from one thousand two hundred square feet (1,200 sq. ft.) to seven hundred seventy-five square feet (775 sq. ft.); to reduce the optional maximum square footage of outdoor advertising devices authorized in counties having a population greater than two hundred fifty thousand (250,000) from three thousand square feet (3,000 sq. ft.) to one thousand two hundred square feet (1,200 sq. ft.); to modify the agreement to change the minimum spacing of outdoor advertising devices on the interstate system and controlled access highways on the primary system from five hundred feet (500') to one thousand feet (1,000') where the same are not separated by buildings or other obstructions, so that only one (1) outdoor advertising device is visible from the highway at any one (1) time; to change the minimum spacing on noncontrolled access highways on the primary system outside the corporate limits of a municipality from three hundred feet (300') to five hundred feet (500'); and to change the minimum distance from an interchange, or intersection at grade, on the interstate system or controlled access highways on the primary system, outside incorporated cities, from five hundred feet (500') to one thousand feet (1,000'). Inside the corporate limits of a municipality, the distance between signs remains one hundred feet (100'). Permits issued prior to any change authorized for outdoor advertising devices or for outdoor advertising devices subsequently erected pursuant to the permit, that meet size, lighting, spacing, and zoning criteria are unaffected.
(c) The commissioner is further authorized to change the definition of an unzoned commercial or industrial area to provide that only those areas on which there is located one (1) or more permanent structures within which a commercial or an industrial business is actively conducted, and that are equipped with all customary utilities facilities and open to the public regularly or regularly used by employees of the business as their principal work station, or that, due to the nature of the business, are equipped, staffed, and accessible to the public as is customary, may be so defined.
(d) (1) The commissioner is authorized to execute a modification of the agreement signed on or about November 11, 1971, to change the minimum distance from an interchange, or intersection, at grade, on the interstate system or controlled access highway on the primary system, outside incorporated cities, to five hundred feet (500') when the interchange or intersection is within two thousand five hundred feet (2,500') of an interchange or intersection, at grade, of a welcome station. This distance may be measured from that side of the interstate or controlled access highway on which the outdoor advertising is to be located if a determination is made by the commissioner that there exists a geographical feature or foliage in the median of the highway that would substantially block visibility of such outdoor advertising device from any lane of highway on the opposite side of the median. (2) If the commissioner is formally notified by the appropriate federal offices of the United States department of transportation that as a result of any provision of this subsection (d), the state will lose federal funds or if a loss of federal funds occurs, then the provision is void and inoperative. (3) If this subsection (d) is found to be void and inoperative, or if notice is received from the United States department of transportation as provided in subdivision (d)(2), then any outdoor advertising device placed pursuant to this subsection (d) must be removed immediately by and at the expense of the owner. Failure to remove the outdoor advertising device renders the sign a public nuisance and § 54-21-105 applies. Nothing in this subsection (d) grants an absolute right in the placement of an outdoor advertising device or makes the state in any way liable under this subsection (d), if this subsection (d) is found in violation of any federal regulations as provided in subdivision (d)(2).
(1) The commissioner is authorized to execute a modification of the agreement signed on or about November 11, 1971, to change the minimum distance from an interchange, or intersection, at grade, on the interstate system or controlled access highway on the primary system, outside incorporated cities, to five hundred feet (500') when the interchange or intersection is within two thousand five hundred feet (2,500') of an interchange or intersection, at grade, of a welcome station. This distance may be measured from that side of the interstate or controlled access highway on which the outdoor advertising is to be located if a determination is made by the commissioner that there exists a geographical feature or foliage in the median of the highway that would substantially block visibility of such outdoor advertising device from any lane of highway on the opposite side of the median.
(2) If the commissioner is formally notified by the appropriate federal offices of the United States department of transportation that as a result of any provision of this subsection (d), the state will lose federal funds or if a loss of federal funds occurs, then the provision is void and inoperative.
(3) If this subsection (d) is found to be void and inoperative, or if notice is received from the United States department of transportation as provided in subdivision (d)(2), then any outdoor advertising device placed pursuant to this subsection (d) must be removed immediately by and at the expense of the owner. Failure to remove the outdoor advertising device renders the sign a public nuisance and § 54-21-105 applies. Nothing in this subsection (d) grants an absolute right in the placement of an outdoor advertising device or makes the state in any way liable under this subsection (d), if this subsection (d) is found in violation of any federal regulations as provided in subdivision (d)(2).
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Acts 1972, ch. 655, § 13; T.C.A., § 54-2613; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 54-17-105 — TN Code / Title 54 / Chapter 17 / Section 54-17-105
Eligibility for scenic highway designation - Requirements of designation - Comprehensive plan
Status: in_force

(a) Highways or thoroughfares that are maintained through the use of state or federal funds, and that are not needed for essential commercial or defense traffic, shall be eligible for designation as scenic highways, with exceptions the general assembly may from time to time consider necessary by designation in § 54-17-114 . (b) The designation of additions to the scenic highway system shall conform to the following criteria: (1) Highways designated as scenic highways shall be components of a comprehensive system as outlined by a statewide scenic highway plan; (2) Scenic highways shall travel through scenic, historic, geologic and pastoral areas of the state; (3) Highways should be designated to offer alternative travel routes to the high-speed, heavily traveled highways in the state; (4) Designated highways shall provide the motorist with safe and relaxing routes of travel; and (5) Scenic highways shall conform to an interconnected state scenic highway system, except in unusual situations whereby a highway is judged desirable for inclusion within the system because of unique scenic, historical, geologic or pastoral features. (c) The commissioner of transportation shall, in accordance with the rules, regulations, policies and procedures of the state publications committee, prepare a comprehensive statewide scenic highway plan. In the preparation of this plan, the commissioner may consult as necessary with the department of environment and conservation, the department of agriculture, the department of economic and community development, the respective development districts across the state, and the Tennessee historical commission. The comprehensive plan shall include, but not be limited to, the following elements: (1) The major routes of travel of tourists through the state so as to maximize the use of scenic highways by visitors in the state; (2) The desirability of connecting components of the Tennessee outdoor recreation area system, prominent historic sites, major cities, federal recreation areas, scenic, geologic and pastoral areas, and other desirable areas by a scenic highway system; (3) An interconnected system of scenic highways to enable the motorist to traverse this state on scenic roads; (4) Certain theme scenic highways of historical significance that would be beneficial and educational for travel by the citizens of the state and its visitors; (5) An administrative framework for marking and maintaining individual components of the Tennessee scenic highway system; (6) A report on the fiscal impact of recommended highways, including funds necessary to initiate and maintain those highways; (7) Recommended specific highways to be designated by the general assembly as scenic highways in compliance with § 54-17-104 , and subdivisions (b)(1)-(4), unless the general assembly by act designates specific exceptions to the requirements; and (8) A uniform program for signing, marking, and promoting the Tennessee scenic highway system. Amended by 2013 Tenn. Acts, ch. 308, s 31, eff. 7/1/2013. Acts 1971, ch. 431, § 5; 1973, ch. 9, § 1; 1976, ch. 819, § 3; modified; T.C.A., § 54-2505; Acts 1981, ch. 264, § 12; 1990, ch. 1024, § 30; 1992, ch. 693, § 17.
(a) Highways or thoroughfares that are maintained through the use of state or federal funds, and that are not needed for essential commercial or defense traffic, shall be eligible for designation as scenic highways, with exceptions the general assembly may from time to time consider necessary by designation in § 54-17-114 .
(b) The designation of additions to the scenic highway system shall conform to the following criteria: (1) Highways designated as scenic highways shall be components of a comprehensive system as outlined by a statewide scenic highway plan; (2) Scenic highways shall travel through scenic, historic, geologic and pastoral areas of the state; (3) Highways should be designated to offer alternative travel routes to the high-speed, heavily traveled highways in the state; (4) Designated highways shall provide the motorist with safe and relaxing routes of travel; and (5) Scenic highways shall conform to an interconnected state scenic highway system, except in unusual situations whereby a highway is judged desirable for inclusion within the system because of unique scenic, historical, geologic or pastoral features.
(1) Highways designated as scenic highways shall be components of a comprehensive system as outlined by a statewide scenic highway plan;
(2) Scenic highways shall travel through scenic, historic, geologic and pastoral areas of the state;
(3) Highways should be designated to offer alternative travel routes to the high-speed, heavily traveled highways in the state;
(4) Designated highways shall provide the motorist with safe and relaxing routes of travel; and
(5) Scenic highways shall conform to an interconnected state scenic highway system, except in unusual situations whereby a highway is judged desirable for inclusion within the system because of unique scenic, historical, geologic or pastoral features.
(c) The commissioner of transportation shall, in accordance with the rules, regulations, policies and procedures of the state publications committee, prepare a comprehensive statewide scenic highway plan. In the preparation of this plan, the commissioner may consult as necessary with the department of environment and conservation, the department of agriculture, the department of economic and community development, the respective development districts across the state, and the Tennessee historical commission. The comprehensive plan shall include, but not be limited to, the following elements: (1) The major routes of travel of tourists through the state so as to maximize the use of scenic highways by visitors in the state; (2) The desirability of connecting components of the Tennessee outdoor recreation area system, prominent historic sites, major cities, federal recreation areas, scenic, geologic and pastoral areas, and other desirable areas by a scenic highway system; (3) An interconnected system of scenic highways to enable the motorist to traverse this state on scenic roads; (4) Certain theme scenic highways of historical significance that would be beneficial and educational for travel by the citizens of the state and its visitors; (5) An administrative framework for marking and maintaining individual components of the Tennessee scenic highway system; (6) A report on the fiscal impact of recommended highways, including funds necessary to initiate and maintain those highways; (7) Recommended specific highways to be designated by the general assembly as scenic highways in compliance with § 54-17-104 , and subdivisions (b)(1)-(4), unless the general assembly by act designates specific exceptions to the requirements; and (8) A uniform program for signing, marking, and promoting the Tennessee scenic highway system.
(1) The major routes of travel of tourists through the state so as to maximize the use of scenic highways by visitors in the state;
(2) The desirability of connecting components of the Tennessee outdoor recreation area system, prominent historic sites, major cities, federal recreation areas, scenic, geologic and pastoral areas, and other desirable areas by a scenic highway system;
(3) An interconnected system of scenic highways to enable the motorist to traverse this state on scenic roads;
(4) Certain theme scenic highways of historical significance that would be beneficial and educational for travel by the citizens of the state and its visitors;
(5) An administrative framework for marking and maintaining individual components of the Tennessee scenic highway system;
(6) A report on the fiscal impact of recommended highways, including funds necessary to initiate and maintain those highways;
(7) Recommended specific highways to be designated by the general assembly as scenic highways in compliance with § 54-17-104 , and subdivisions (b)(1)-(4), unless the general assembly by act designates specific exceptions to the requirements; and
(8) A uniform program for signing, marking, and promoting the Tennessee scenic highway system.
Amended by 2013 Tenn. Acts, ch. 308, s 31, eff. 7/1/2013.
Acts 1971, ch. 431, § 5; 1973, ch. 9, § 1; 1976, ch. 819, § 3; modified; T.C.A., § 54-2505; Acts 1981, ch. 264, § 12; 1990, ch. 1024, § 30; 1992, ch. 693, § 17.
Tenn. Code Ann. § 54-21-112 — TN Code / Title 54 / Chapter 21 / Section 54-21-112
Commissioner's authority to enter on property without penalty
Status: in_force

The commissioner and all employees under the commissioner's direction, in the performance of their functions and duties under this chapter, may enter into and upon any property, without penalty, upon which an outdoor advertising device is located and make examinations and surveys as may be relevant or dispose of the outdoor advertising device when disposal is provided for under this chapter. Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Acts 1972, ch. 655, § 12; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2612; Acts 1980, ch. 470, § 2; 1983, ch. 133, § 3.
The commissioner and all employees under the commissioner's direction, in the performance of their functions and duties under this chapter, may enter into and upon any property, without penalty, upon which an outdoor advertising device is located and make examinations and surveys as may be relevant or dispose of the outdoor advertising device when disposal is provided for under this chapter.
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Acts 1972, ch. 655, § 12; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2612; Acts 1980, ch. 470, § 2; 1983, ch. 133, § 3.
Tenn. Code Ann. § 54-6-107 — TN Code / Title 54 / Chapter 6 / Section 54-6-107
Confidentiality of proposals - Proprietary information
Status: in_force

(a) All solicited and unsolicited proposals received by the responsible public entity pursuant to § 54-6-106 , and any documents used by the responsible public entity to evaluate and accept or reject the proposals, shall remain confidential and not subject to disclosure to any proposer, affected jurisdiction, or to the public under § 10-7-503 or other law until after the responsible public entity selects a proposal to enter into a public-private initiative; except, that, at all times under this chapter, proprietary information and all solicited and unsolicited proposals that are withdrawn by a private entity shall remain confidential and not subject to disclosure to any proposer, affected jurisdiction, or to the public pursuant to this subsection (a), § 10-7-503 , or any other law. (b) (1) A private entity may request a review, prior to submission of a solicited or unsolicited proposal, by the responsible public entity of information that the private entity has identified as proprietary. (2) A private entity may identify proprietary information submitted as part of a solicited or unsolicited proposal. A private entity shall have an opportunity to object to the release of any information it identifies as proprietary. (3) The responsible public entity shall review any information identified as proprietary by a private entity as part of a solicited or unsolicited proposal and shall determine if such information is confidential under subsection (a). (4) The responsible public entity shall inform the private entity that submitted the information of its determination of whether information identified by the private entity as proprietary is confidential under subsection (a). (5) The private entity shall have the opportunity to object to the determination that the information is subject to disclosure or to amend or withdraw its proposal. (6) Any information determined by the responsible public entity to be proprietary shall be exempt from disclosure under § 10-7-503 . Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
(a) All solicited and unsolicited proposals received by the responsible public entity pursuant to § 54-6-106 , and any documents used by the responsible public entity to evaluate and accept or reject the proposals, shall remain confidential and not subject to disclosure to any proposer, affected jurisdiction, or to the public under § 10-7-503 or other law until after the responsible public entity selects a proposal to enter into a public-private initiative; except, that, at all times under this chapter, proprietary information and all solicited and unsolicited proposals that are withdrawn by a private entity shall remain confidential and not subject to disclosure to any proposer, affected jurisdiction, or to the public pursuant to this subsection (a), § 10-7-503 , or any other law.
(b) (1) A private entity may request a review, prior to submission of a solicited or unsolicited proposal, by the responsible public entity of information that the private entity has identified as proprietary. (2) A private entity may identify proprietary information submitted as part of a solicited or unsolicited proposal. A private entity shall have an opportunity to object to the release of any information it identifies as proprietary. (3) The responsible public entity shall review any information identified as proprietary by a private entity as part of a solicited or unsolicited proposal and shall determine if such information is confidential under subsection (a). (4) The responsible public entity shall inform the private entity that submitted the information of its determination of whether information identified by the private entity as proprietary is confidential under subsection (a). (5) The private entity shall have the opportunity to object to the determination that the information is subject to disclosure or to amend or withdraw its proposal. (6) Any information determined by the responsible public entity to be proprietary shall be exempt from disclosure under § 10-7-503 .
(1) A private entity may request a review, prior to submission of a solicited or unsolicited proposal, by the responsible public entity of information that the private entity has identified as proprietary.
(2) A private entity may identify proprietary information submitted as part of a solicited or unsolicited proposal. A private entity shall have an opportunity to object to the release of any information it identifies as proprietary.
(3) The responsible public entity shall review any information identified as proprietary by a private entity as part of a solicited or unsolicited proposal and shall determine if such information is confidential under subsection (a).
(4) The responsible public entity shall inform the private entity that submitted the information of its determination of whether information identified by the private entity as proprietary is confidential under subsection (a).
(5) The private entity shall have the opportunity to object to the determination that the information is subject to disclosure or to amend or withdraw its proposal.
(6) Any information determined by the responsible public entity to be proprietary shall be exempt from disclosure under § 10-7-503 .
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-5-119 — TN Code / Title 54 / Chapter 5 / Section 54-5-119
Contractors shall give bonds - Actions - Limitations
Status: in_force

(a) All contractors with whom contracts are made by the department shall enter into good and solvent surety bond in an amount fixed by the department, conditioned that acceptance or service of process upon the commissioner shall be service on them as their agent duly authorized to that end, and for the full and faithful performance of every part and stipulation of the contract, especially the payment for all materials purchased and for all labor employed in the contemplated work. This bond shall be approved by the department and filed with its records. (b) All actions on bonds furnished under this section shall name the commissioner as a party-defendant and may be instituted in any court of competent jurisdiction in this state, but no action on bonds shall be commenced after the expiration of one (1) year following the date of the first publication of the notice provided for in § 54-5-122 with respect to the involved project. Acts 1917, ch. 74, § 6; Shan., § 1720a29b27 (p. 6551); Shan. Supp., § 1720a7b58; mod. Code 1932, § 3218; impl. am. Acts 1959, ch. 9, § 3; Acts 1967, ch. 380, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-519; Acts 1981, ch. 264, § 12.
(a) All contractors with whom contracts are made by the department shall enter into good and solvent surety bond in an amount fixed by the department, conditioned that acceptance or service of process upon the commissioner shall be service on them as their agent duly authorized to that end, and for the full and faithful performance of every part and stipulation of the contract, especially the payment for all materials purchased and for all labor employed in the contemplated work. This bond shall be approved by the department and filed with its records.
(b) All actions on bonds furnished under this section shall name the commissioner as a party-defendant and may be instituted in any court of competent jurisdiction in this state, but no action on bonds shall be commenced after the expiration of one (1) year following the date of the first publication of the notice provided for in § 54-5-122 with respect to the involved project.
Acts 1917, ch. 74, § 6; Shan., § 1720a29b27 (p. 6551); Shan. Supp., § 1720a7b58; mod. Code 1932, § 3218; impl. am. Acts 1959, ch. 9, § 3; Acts 1967, ch. 380, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-519; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-14-101 — TN Code / Title 54 / Chapter 14 / Section 54-14-101
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 703, s 1, eff. 6/22/2020. Acts 1868-1869, ch. 14, § 1; Shan., § 1634; Code 1932, § 2745; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1901; Acts 1981, ch. 185, §§ 1-3; 1992, ch. 897, § 1; 2000, ch. 940, §2; 2008 , ch. 1075, § 1; 2008 , ch. 1082, §§ 1, 5, 6.
Repealed by 2020 Tenn. Acts, ch. 703, s 1, eff. 6/22/2020.
Acts 1868-1869, ch. 14, § 1; Shan., § 1634; Code 1932, § 2745; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1901; Acts 1981, ch. 185, §§ 1-3; 1992, ch. 897, § 1; 2000, ch. 940, §2; 2008 , ch. 1075, § 1; 2008 , ch. 1082, §§ 1, 5, 6.
Tenn. Code Ann. § 54-17-114 — TN Code / Title 54 / Chapter 17 / Section 54-17-114
Designated scenic highways - Designated urban roads not to be impaired
Status: in_force

(a) For the purposes of this part, the following are initially designated scenic highways: (1) Class I - Urban Roads. (A) That portion of Kingston Pike bearing the designation of State Highway 1 and United States Highway 11-70 in Knox County from its intersection with Concord Street and Neyland Drive in the City of Knoxville westward to the intersection of Kingston Pike with Lyons View Drive; (B) That portion of Lyons View Drive from its intersection with Kingston Pike, westward to its intersection with Northshore Drive; (C) That portion of United States Highway 70 South (West End Avenue) in Nashville from one hundred feet (100') west of Elmington Avenue westward to its intersection with Ensworth Avenue; (D) All of Cherokee Boulevard located in the city of Knoxville; (E) Two Rivers Parkway in Davidson County; (F) Those portions of State Highway 100 in Davidson County from its intersection with Cheekwood Terrace south to its intersection with the Harpeth River and from its intersection with McCrory Lane south to its intersection with the South Harpeth River, and all of State Highway 251 in Davidson County, and that portion of State Highway 254 (Old Hickory Boulevard) from its intersection with State Highway 100 east to its intersection with Granny White Pike; (G) South Knoxville Boulevard between the relocated Sevier Avenue and Chapman Highway in Knoxville; (H) That segment of United States Highway 41 (Cummings Highway) in Hamilton County, beginning at the underpass at the current entrance to the Chattem property in St. Elmo, where that route is also designated as South Broad Street, running westward around the foot of Lookout Mountain to the railroad overpass on the east side of the Tiftonia business district; (I) On or after April 16, 2015, that segment of State Route 169 (Middlebrook Road, which is commonly referred to as Middlebrook Pike) in Knox County from that route's intersection with Weisgarber Road in the City of Knoxville westward to its terminus at that route's intersection with Hardin Valley Road, but excluding any part of that segment of State Route 169 that has property fronting on the route that was zoned on April 16, 1996, with the commercial designation of CA, CB, or C3, or the industrial designation of I or I-3 under the Knox County or City of Knoxville zoning ordinances; provided, further, that the height restrictions on buildings imposed by, and any other restrictions as to property use contained in this part shall not apply to Parcel ID Numbers 106KC017, 106KC016, and 106DA008 in the City of Knoxville, Knox County, consisting of property on the south side of State Route 169 (Middlebrook Pike) and on the southwest side of Old Weisgarber Road; (J) That segment of State Route 385 (Nonconnah Parkway) in Shelby County from its intersection with United States Highway 72 to Interstate 240, but excluding any part of the segment of Route 385 that has property fronting on the route that is zoned on June 13, 1997, with the commercial designation of CL, CH or CP or the industrial designation of IL or IH under the Shelby County or city of Memphis zoning ordinances; and (K) All of State Route 475, Knoxville Parkway, a proposed project connecting I-40 / I-75 southwest of Knoxville to I-75 north of Knoxville, in Knox, Anderson and Loudon counties; (2) Class II - Rural Roads. (A) The portion of United States Highway 41 from its intersection with Interstate Highway 24 in Hamilton County westward through the Tennessee River Gorge, Jasper and on to the junction of that highway with State Highway 27 at Kimball (Marion County) and south along State Highway 27 to Interstate 24; (B) That portion of State Highway 66 from the French Broad River to Interstate 40, in Sevier County, except for the first two thousand one hundred fifty feet (2,150') north of state bridge number 78-66-4.95 toward Interstate 40 in the north-bound lane only; (C) That portion of the Pellissippi Parkway (State Highway 162) in Knox County from its intersection with Interstate 40, to Melton Hill Lake; (D) The John Sevier Highway, in Knox County, from the Alcoa Highway (United States Highway 129) to the Chapman Highway (United States Highway 411/441); (E) That portion of Northshore Drive in Knox County from its intersection with Lyons View Drive and Westland Drive west to Loudon County; provided, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along Northshore Drive within Knox County that is now or, subsequent to April 22, 2005, zoned "TC-1 (Town Center)", or zoned C-6 from the east right-of-way line of Keller Bend Road at Northshore to the east right-of-way line of Pellissippi Parkway, or any similar zoning category, under the zoning ordinances of the city of Knoxville; (F) That portion of United States Highway 70 North beginning east of Cookeville at the Falling Water Bridge and extending approximately five (5) miles toward Monterey through the Dry Valley Community and ending at the Sand Springs Community; (G) That portion of State Highway 73 from the city of Maryville to the city of Townsend; (H) That portion of Westland Drive in Knoxville from its intersection with Northshore Drive to its intersection with Northshore Drive at the western end; (I) All of United States Highway 411 in Blount County and that portion of United States Highway 411 in Sevier County from the Blount County boundary to the intersection of United States Highway 411 with the Chapman Highway (United States Highway 441); (J) That portion of new State Highway 95 in Loudon and Blount counties from the Fort Loudon Dam to its intersection with United States Highway 129 at Morganton Road; (K) That portion of United States Highway 129 in Blount County, known as the 129 Bypass, from its intersection with State Highway 73 and Hall Road in the city of Alcoa to its intersection with United States Highway 411 in the city of Maryville; (L) All of Lyons Bend Road in Knox County; (M) That portion of Pittman Center Road from the intersection of Pittman Center Road with State Highway 73 East to the intersection of Pittman Center Road with United States Highway 411, east of Sevierville, but excluding those portions of Pittman Center Road that are within the boundaries, as of January 1, 1982, of incorporated municipalities; (N) That portion of United States Highway 321 from the intersection of United States Highway 321 with Interstate 40 in Loudon County through Blount and Sevier counties to the intersection of United States Highway 321 with Interstate 40 in Cocke County, but excluding those portions of United States Highway 321 that are within the boundaries, as of January 1, 1982, of incorporated municipalities; (O) Hardin Valley Road in Knox County; (P) That portion of State Highway 58 in Hamilton County from the city limits of Chattanooga, as of July 1, 1987, to the Hamilton County boundary; (Q) That portion of Pellissippi Parkway (State Highway 162) that has been or will be constructed in Blount and Knox Counties after January 1, 1987; provided, that the height restrictions on buildings imposed by § 54-17-115 and sign restrictions referred to in § 54-17-109 that are applicable to [former] § 54-17-109(1) and (10) shall not apply to that property along the Pellissippi Parkway within Knox County that is located between Kingston Pike and Interstate 75/40, all of which shall be regulated by the zoning ordinances and regulations of the appropriate county or municipal government; and provided, further, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along the Pellissippi Parkway within Knox County that is now or, subsequent to April 22, 2005, zoned "TC-1 (Town Center)", or any similar zoning category, under the zoning ordinances of the city of Knoxville; and provided, further, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along Pellissippi Parkway within the corporate limits of the city of Alcoa, that is now or hereafter zoned for planned commercial zones or any similar zoning category under the zoning ordinances of the city of Alcoa; (R) All of the Natchez Trace Parkway, except for those portions within the boundaries of incorporated municipalities; (S) All of the Foothills Parkway, except for those portions within the boundaries of incorporated municipalities; (T) That portion of Alcoa Highway from the intersection of Alcoa Highway and Kingston Pike in Knox County to the intersection of Alcoa Highway and Singleton Station Road in Blount County; provided, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along Alcoa Highway being situated in District 9 in Knox County and Ward 24 of the City of Knoxville and being more particularly bounded and described as Tract 1, the University of Tennessee Medical Center, at the intersection of Alcoa Highway and Cherokee Trail, and regulated by the zoning ordinances and regulations of the City of Knoxville; (U) The 9.141 mile segment of the Charles H. Coolidge Medal of Honor Highway beginning with its intersection with Signal Mountain Road to State Route 153; (V) The 9.33 mile segment of the Bill Carter Causeway beginning with its intersection with State Route 153 to north of Soddy Lake in Soddy-Daisy; (W) That portion of Highway 70 South from Murfreesboro to Woodbury; (X) All of United States Highway 27/State Route 29 in Rhea County; (Y) That portion of United States Highway 411 in Sevier County from the city limits of Sevierville to the Jefferson County boundary; (Z) That portion of United States Highway 411 in Sevier County from its intersection with United States Highway 441 at Newell Station west to the Blount County boundary; (AA) That segment of state route 416 in Sevier County from its intersection with United States Highway 411 to its intersection with United States Highway 321; (BB) That portion of State Highway 70 in Hawkins and Hancock counties from the intersection of State Highway 94 at Alumwell to the intersection of State Highway 33 at Kyles Ford, eleven and three-tenths (11.3) miles; (CC) All of the highway known as The Trace located in Land Between the Lakes National Recreational Area in Stewart County; (DD) That portion of United States Highway 441 (Newfound Gap Road) in Sevier County from the city limits of the city of Gatlinburg to the Tennessee-North Carolina state line; and (EE) Powell Drive (State Route 131) in Knox County from the intersection with Clinton Highway (State Route 9) to the intersection with Emory Road. (b) No state or local governmental entity, agency or department shall take any action that undermines the scenic and historical qualities of roads designated as scenic highways under subdivision (a)(1). Amended by 2015 Tenn. Acts, ch. 15, s 1, eff. 7/1/2015. Amended by 2013 Tenn. Acts, ch. 196, s 1, eff. 4/23/2013. Acts 1971, ch. 431, § 15; 1973, ch. 9, § 2; 1975, ch. 19, § 1; 1975, ch. 151, § 1; 1977, ch. 7, § 1; 1978, ch. 586, §§ 1, 2; 1979, ch. 40, § 1; 1979, ch. 98, § 1; modified; T.C.A., § 54-2514; Acts 1980, ch. 477, §§ 1, 2; 1980, ch. 679, § 1; 1980, ch. 700, § 1; 1980, ch. 902, §§ 1, 2; 1981, ch. 193, §§ 1-5; 1981, ch. 331, § 1; 1982, ch. 625, § 1; 1982, ch. 734, §§ 1-3; 1984, ch. 826, § 1; 1987, ch. 9, § 1; 1987, ch. 83, § 1; 1988, ch. 694, § 1; 1988, ch. 771, § 1; 1989, ch. 267, § 1; 1991, ch. 208, § 1; 1991, ch. 301, § 2; 1991, ch. 381, § 1; 1992, ch. 583, § 1; 1992, ch. 610, § 1; 1993, ch. 92, § 1; 1993, ch. 226, § 1; 1994, ch. 829, § 1; 1994, ch. 921, § 1; 1995, ch. 24, § 1; 1996, ch. 701, § 1; 1996, ch. 752, § 1; 1997 , ch. 428, § 2; 2000, ch. 555, § 1; 2005, ch. 97, §§ 1, 2; 2006, ch. 524, § 1; 2007 , ch. 431, § 1; 2008 , ch. 654, § 1; 2008 , ch. 671, § 1; 2009 , ch. 58, § 1.
(a) For the purposes of this part, the following are initially designated scenic highways: (1) Class I - Urban Roads. (A) That portion of Kingston Pike bearing the designation of State Highway 1 and United States Highway 11-70 in Knox County from its intersection with Concord Street and Neyland Drive in the City of Knoxville westward to the intersection of Kingston Pike with Lyons View Drive; (B) That portion of Lyons View Drive from its intersection with Kingston Pike, westward to its intersection with Northshore Drive; (C) That portion of United States Highway 70 South (West End Avenue) in Nashville from one hundred feet (100') west of Elmington Avenue westward to its intersection with Ensworth Avenue; (D) All of Cherokee Boulevard located in the city of Knoxville; (E) Two Rivers Parkway in Davidson County; (F) Those portions of State Highway 100 in Davidson County from its intersection with Cheekwood Terrace south to its intersection with the Harpeth River and from its intersection with McCrory Lane south to its intersection with the South Harpeth River, and all of State Highway 251 in Davidson County, and that portion of State Highway 254 (Old Hickory Boulevard) from its intersection with State Highway 100 east to its intersection with Granny White Pike; (G) South Knoxville Boulevard between the relocated Sevier Avenue and Chapman Highway in Knoxville; (H) That segment of United States Highway 41 (Cummings Highway) in Hamilton County, beginning at the underpass at the current entrance to the Chattem property in St. Elmo, where that route is also designated as South Broad Street, running westward around the foot of Lookout Mountain to the railroad overpass on the east side of the Tiftonia business district; (I) On or after April 16, 2015, that segment of State Route 169 (Middlebrook Road, which is commonly referred to as Middlebrook Pike) in Knox County from that route's intersection with Weisgarber Road in the City of Knoxville westward to its terminus at that route's intersection with Hardin Valley Road, but excluding any part of that segment of State Route 169 that has property fronting on the route that was zoned on April 16, 1996, with the commercial designation of CA, CB, or C3, or the industrial designation of I or I-3 under the Knox County or City of Knoxville zoning ordinances; provided, further, that the height restrictions on buildings imposed by, and any other restrictions as to property use contained in this part shall not apply to Parcel ID Numbers 106KC017, 106KC016, and 106DA008 in the City of Knoxville, Knox County, consisting of property on the south side of State Route 169 (Middlebrook Pike) and on the southwest side of Old Weisgarber Road; (J) That segment of State Route 385 (Nonconnah Parkway) in Shelby County from its intersection with United States Highway 72 to Interstate 240, but excluding any part of the segment of Route 385 that has property fronting on the route that is zoned on June 13, 1997, with the commercial designation of CL, CH or CP or the industrial designation of IL or IH under the Shelby County or city of Memphis zoning ordinances; and (K) All of State Route 475, Knoxville Parkway, a proposed project connecting I-40 / I-75 southwest of Knoxville to I-75 north of Knoxville, in Knox, Anderson and Loudon counties; (2) Class II - Rural Roads. (A) The portion of United States Highway 41 from its intersection with Interstate Highway 24 in Hamilton County westward through the Tennessee River Gorge, Jasper and on to the junction of that highway with State Highway 27 at Kimball (Marion County) and south along State Highway 27 to Interstate 24; (B) That portion of State Highway 66 from the French Broad River to Interstate 40, in Sevier County, except for the first two thousand one hundred fifty feet (2,150') north of state bridge number 78-66-4.95 toward Interstate 40 in the north-bound lane only; (C) That portion of the Pellissippi Parkway (State Highway 162) in Knox County from its intersection with Interstate 40, to Melton Hill Lake; (D) The John Sevier Highway, in Knox County, from the Alcoa Highway (United States Highway 129) to the Chapman Highway (United States Highway 411/441); (E) That portion of Northshore Drive in Knox County from its intersection with Lyons View Drive and Westland Drive west to Loudon County; provided, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along Northshore Drive within Knox County that is now or, subsequent to April 22, 2005, zoned "TC-1 (Town Center)", or zoned C-6 from the east right-of-way line of Keller Bend Road at Northshore to the east right-of-way line of Pellissippi Parkway, or any similar zoning category, under the zoning ordinances of the city of Knoxville; (F) That portion of United States Highway 70 North beginning east of Cookeville at the Falling Water Bridge and extending approximately five (5) miles toward Monterey through the Dry Valley Community and ending at the Sand Springs Community; (G) That portion of State Highway 73 from the city of Maryville to the city of Townsend; (H) That portion of Westland Drive in Knoxville from its intersection with Northshore Drive to its intersection with Northshore Drive at the western end; (I) All of United States Highway 411 in Blount County and that portion of United States Highway 411 in Sevier County from the Blount County boundary to the intersection of United States Highway 411 with the Chapman Highway (United States Highway 441); (J) That portion of new State Highway 95 in Loudon and Blount counties from the Fort Loudon Dam to its intersection with United States Highway 129 at Morganton Road; (K) That portion of United States Highway 129 in Blount County, known as the 129 Bypass, from its intersection with State Highway 73 and Hall Road in the city of Alcoa to its intersection with United States Highway 411 in the city of Maryville; (L) All of Lyons Bend Road in Knox County; (M) That portion of Pittman Center Road from the intersection of Pittman Center Road with State Highway 73 East to the intersection of Pittman Center Road with United States Highway 411, east of Sevierville, but excluding those portions of Pittman Center Road that are within the boundaries, as of January 1, 1982, of incorporated municipalities; (N) That portion of United States Highway 321 from the intersection of United States Highway 321 with Interstate 40 in Loudon County through Blount and Sevier counties to the intersection of United States Highway 321 with Interstate 40 in Cocke County, but excluding those portions of United States Highway 321 that are within the boundaries, as of January 1, 1982, of incorporated municipalities; (O) Hardin Valley Road in Knox County; (P) That portion of State Highway 58 in Hamilton County from the city limits of Chattanooga, as of July 1, 1987, to the Hamilton County boundary; (Q) That portion of Pellissippi Parkway (State Highway 162) that has been or will be constructed in Blount and Knox Counties after January 1, 1987; provided, that the height restrictions on buildings imposed by § 54-17-115 and sign restrictions referred to in § 54-17-109 that are applicable to [former] § 54-17-109(1) and (10) shall not apply to that property along the Pellissippi Parkway within Knox County that is located between Kingston Pike and Interstate 75/40, all of which shall be regulated by the zoning ordinances and regulations of the appropriate county or municipal government; and provided, further, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along the Pellissippi Parkway within Knox County that is now or, subsequent to April 22, 2005, zoned "TC-1 (Town Center)", or any similar zoning category, under the zoning ordinances of the city of Knoxville; and provided, further, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along Pellissippi Parkway within the corporate limits of the city of Alcoa, that is now or hereafter zoned for planned commercial zones or any similar zoning category under the zoning ordinances of the city of Alcoa; (R) All of the Natchez Trace Parkway, except for those portions within the boundaries of incorporated municipalities; (S) All of the Foothills Parkway, except for those portions within the boundaries of incorporated municipalities; (T) That portion of Alcoa Highway from the intersection of Alcoa Highway and Kingston Pike in Knox County to the intersection of Alcoa Highway and Singleton Station Road in Blount County; provided, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along Alcoa Highway being situated in District 9 in Knox County and Ward 24 of the City of Knoxville and being more particularly bounded and described as Tract 1, the University of Tennessee Medical Center, at the intersection of Alcoa Highway and Cherokee Trail, and regulated by the zoning ordinances and regulations of the City of Knoxville; (U) The 9.141 mile segment of the Charles H. Coolidge Medal of Honor Highway beginning with its intersection with Signal Mountain Road to State Route 153; (V) The 9.33 mile segment of the Bill Carter Causeway beginning with its intersection with State Route 153 to north of Soddy Lake in Soddy-Daisy; (W) That portion of Highway 70 South from Murfreesboro to Woodbury; (X) All of United States Highway 27/State Route 29 in Rhea County; (Y) That portion of United States Highway 411 in Sevier County from the city limits of Sevierville to the Jefferson County boundary; (Z) That portion of United States Highway 411 in Sevier County from its intersection with United States Highway 441 at Newell Station west to the Blount County boundary; (AA) That segment of state route 416 in Sevier County from its intersection with United States Highway 411 to its intersection with United States Highway 321; (BB) That portion of State Highway 70 in Hawkins and Hancock counties from the intersection of State Highway 94 at Alumwell to the intersection of State Highway 33 at Kyles Ford, eleven and three-tenths (11.3) miles; (CC) All of the highway known as The Trace located in Land Between the Lakes National Recreational Area in Stewart County; (DD) That portion of United States Highway 441 (Newfound Gap Road) in Sevier County from the city limits of the city of Gatlinburg to the Tennessee-North Carolina state line; and (EE) Powell Drive (State Route 131) in Knox County from the intersection with Clinton Highway (State Route 9) to the intersection with Emory Road.
(1) Class I - Urban Roads. (A) That portion of Kingston Pike bearing the designation of State Highway 1 and United States Highway 11-70 in Knox County from its intersection with Concord Street and Neyland Drive in the City of Knoxville westward to the intersection of Kingston Pike with Lyons View Drive; (B) That portion of Lyons View Drive from its intersection with Kingston Pike, westward to its intersection with Northshore Drive; (C) That portion of United States Highway 70 South (West End Avenue) in Nashville from one hundred feet (100') west of Elmington Avenue westward to its intersection with Ensworth Avenue; (D) All of Cherokee Boulevard located in the city of Knoxville; (E) Two Rivers Parkway in Davidson County; (F) Those portions of State Highway 100 in Davidson County from its intersection with Cheekwood Terrace south to its intersection with the Harpeth River and from its intersection with McCrory Lane south to its intersection with the South Harpeth River, and all of State Highway 251 in Davidson County, and that portion of State Highway 254 (Old Hickory Boulevard) from its intersection with State Highway 100 east to its intersection with Granny White Pike; (G) South Knoxville Boulevard between the relocated Sevier Avenue and Chapman Highway in Knoxville; (H) That segment of United States Highway 41 (Cummings Highway) in Hamilton County, beginning at the underpass at the current entrance to the Chattem property in St. Elmo, where that route is also designated as South Broad Street, running westward around the foot of Lookout Mountain to the railroad overpass on the east side of the Tiftonia business district; (I) On or after April 16, 2015, that segment of State Route 169 (Middlebrook Road, which is commonly referred to as Middlebrook Pike) in Knox County from that route's intersection with Weisgarber Road in the City of Knoxville westward to its terminus at that route's intersection with Hardin Valley Road, but excluding any part of that segment of State Route 169 that has property fronting on the route that was zoned on April 16, 1996, with the commercial designation of CA, CB, or C3, or the industrial designation of I or I-3 under the Knox County or City of Knoxville zoning ordinances; provided, further, that the height restrictions on buildings imposed by, and any other restrictions as to property use contained in this part shall not apply to Parcel ID Numbers 106KC017, 106KC016, and 106DA008 in the City of Knoxville, Knox County, consisting of property on the south side of State Route 169 (Middlebrook Pike) and on the southwest side of Old Weisgarber Road; (J) That segment of State Route 385 (Nonconnah Parkway) in Shelby County from its intersection with United States Highway 72 to Interstate 240, but excluding any part of the segment of Route 385 that has property fronting on the route that is zoned on June 13, 1997, with the commercial designation of CL, CH or CP or the industrial designation of IL or IH under the Shelby County or city of Memphis zoning ordinances; and (K) All of State Route 475, Knoxville Parkway, a proposed project connecting I-40 / I-75 southwest of Knoxville to I-75 north of Knoxville, in Knox, Anderson and Loudon counties;
(A) That portion of Kingston Pike bearing the designation of State Highway 1 and United States Highway 11-70 in Knox County from its intersection with Concord Street and Neyland Drive in the City of Knoxville westward to the intersection of Kingston Pike with Lyons View Drive;
(B) That portion of Lyons View Drive from its intersection with Kingston Pike, westward to its intersection with Northshore Drive;
(C) That portion of United States Highway 70 South (West End Avenue) in Nashville from one hundred feet (100') west of Elmington Avenue westward to its intersection with Ensworth Avenue;
(D) All of Cherokee Boulevard located in the city of Knoxville;
(E) Two Rivers Parkway in Davidson County;
(F) Those portions of State Highway 100 in Davidson County from its intersection with Cheekwood Terrace south to its intersection with the Harpeth River and from its intersection with McCrory Lane south to its intersection with the South Harpeth River, and all of State Highway 251 in Davidson County, and that portion of State Highway 254 (Old Hickory Boulevard) from its intersection with State Highway 100 east to its intersection with Granny White Pike;
(G) South Knoxville Boulevard between the relocated Sevier Avenue and Chapman Highway in Knoxville;
(H) That segment of United States Highway 41 (Cummings Highway) in Hamilton County, beginning at the underpass at the current entrance to the Chattem property in St. Elmo, where that route is also designated as South Broad Street, running westward around the foot of Lookout Mountain to the railroad overpass on the east side of the Tiftonia business district;
(I) On or after April 16, 2015, that segment of State Route 169 (Middlebrook Road, which is commonly referred to as Middlebrook Pike) in Knox County from that route's intersection with Weisgarber Road in the City of Knoxville westward to its terminus at that route's intersection with Hardin Valley Road, but excluding any part of that segment of State Route 169 that has property fronting on the route that was zoned on April 16, 1996, with the commercial designation of CA, CB, or C3, or the industrial designation of I or I-3 under the Knox County or City of Knoxville zoning ordinances; provided, further, that the height restrictions on buildings imposed by, and any other restrictions as to property use contained in this part shall not apply to Parcel ID Numbers 106KC017, 106KC016, and 106DA008 in the City of Knoxville, Knox County, consisting of property on the south side of State Route 169 (Middlebrook Pike) and on the southwest side of Old Weisgarber Road;
(J) That segment of State Route 385 (Nonconnah Parkway) in Shelby County from its intersection with United States Highway 72 to Interstate 240, but excluding any part of the segment of Route 385 that has property fronting on the route that is zoned on June 13, 1997, with the commercial designation of CL, CH or CP or the industrial designation of IL or IH under the Shelby County or city of Memphis zoning ordinances; and
(K) All of State Route 475, Knoxville Parkway, a proposed project connecting I-40 / I-75 southwest of Knoxville to I-75 north of Knoxville, in Knox, Anderson and Loudon counties;
(2) Class II - Rural Roads. (A) The portion of United States Highway 41 from its intersection with Interstate Highway 24 in Hamilton County westward through the Tennessee River Gorge, Jasper and on to the junction of that highway with State Highway 27 at Kimball (Marion County) and south along State Highway 27 to Interstate 24; (B) That portion of State Highway 66 from the French Broad River to Interstate 40, in Sevier County, except for the first two thousand one hundred fifty feet (2,150') north of state bridge number 78-66-4.95 toward Interstate 40 in the north-bound lane only; (C) That portion of the Pellissippi Parkway (State Highway 162) in Knox County from its intersection with Interstate 40, to Melton Hill Lake; (D) The John Sevier Highway, in Knox County, from the Alcoa Highway (United States Highway 129) to the Chapman Highway (United States Highway 411/441); (E) That portion of Northshore Drive in Knox County from its intersection with Lyons View Drive and Westland Drive west to Loudon County; provided, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along Northshore Drive within Knox County that is now or, subsequent to April 22, 2005, zoned "TC-1 (Town Center)", or zoned C-6 from the east right-of-way line of Keller Bend Road at Northshore to the east right-of-way line of Pellissippi Parkway, or any similar zoning category, under the zoning ordinances of the city of Knoxville; (F) That portion of United States Highway 70 North beginning east of Cookeville at the Falling Water Bridge and extending approximately five (5) miles toward Monterey through the Dry Valley Community and ending at the Sand Springs Community; (G) That portion of State Highway 73 from the city of Maryville to the city of Townsend; (H) That portion of Westland Drive in Knoxville from its intersection with Northshore Drive to its intersection with Northshore Drive at the western end; (I) All of United States Highway 411 in Blount County and that portion of United States Highway 411 in Sevier County from the Blount County boundary to the intersection of United States Highway 411 with the Chapman Highway (United States Highway 441); (J) That portion of new State Highway 95 in Loudon and Blount counties from the Fort Loudon Dam to its intersection with United States Highway 129 at Morganton Road; (K) That portion of United States Highway 129 in Blount County, known as the 129 Bypass, from its intersection with State Highway 73 and Hall Road in the city of Alcoa to its intersection with United States Highway 411 in the city of Maryville; (L) All of Lyons Bend Road in Knox County; (M) That portion of Pittman Center Road from the intersection of Pittman Center Road with State Highway 73 East to the intersection of Pittman Center Road with United States Highway 411, east of Sevierville, but excluding those portions of Pittman Center Road that are within the boundaries, as of January 1, 1982, of incorporated municipalities; (N) That portion of United States Highway 321 from the intersection of United States Highway 321 with Interstate 40 in Loudon County through Blount and Sevier counties to the intersection of United States Highway 321 with Interstate 40 in Cocke County, but excluding those portions of United States Highway 321 that are within the boundaries, as of January 1, 1982, of incorporated municipalities; (O) Hardin Valley Road in Knox County; (P) That portion of State Highway 58 in Hamilton County from the city limits of Chattanooga, as of July 1, 1987, to the Hamilton County boundary; (Q) That portion of Pellissippi Parkway (State Highway 162) that has been or will be constructed in Blount and Knox Counties after January 1, 1987; provided, that the height restrictions on buildings imposed by § 54-17-115 and sign restrictions referred to in § 54-17-109 that are applicable to [former] § 54-17-109(1) and (10) shall not apply to that property along the Pellissippi Parkway within Knox County that is located between Kingston Pike and Interstate 75/40, all of which shall be regulated by the zoning ordinances and regulations of the appropriate county or municipal government; and provided, further, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along the Pellissippi Parkway within Knox County that is now or, subsequent to April 22, 2005, zoned "TC-1 (Town Center)", or any similar zoning category, under the zoning ordinances of the city of Knoxville; and provided, further, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along Pellissippi Parkway within the corporate limits of the city of Alcoa, that is now or hereafter zoned for planned commercial zones or any similar zoning category under the zoning ordinances of the city of Alcoa; (R) All of the Natchez Trace Parkway, except for those portions within the boundaries of incorporated municipalities; (S) All of the Foothills Parkway, except for those portions within the boundaries of incorporated municipalities; (T) That portion of Alcoa Highway from the intersection of Alcoa Highway and Kingston Pike in Knox County to the intersection of Alcoa Highway and Singleton Station Road in Blount County; provided, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along Alcoa Highway being situated in District 9 in Knox County and Ward 24 of the City of Knoxville and being more particularly bounded and described as Tract 1, the University of Tennessee Medical Center, at the intersection of Alcoa Highway and Cherokee Trail, and regulated by the zoning ordinances and regulations of the City of Knoxville; (U) The 9.141 mile segment of the Charles H. Coolidge Medal of Honor Highway beginning with its intersection with Signal Mountain Road to State Route 153; (V) The 9.33 mile segment of the Bill Carter Causeway beginning with its intersection with State Route 153 to north of Soddy Lake in Soddy-Daisy; (W) That portion of Highway 70 South from Murfreesboro to Woodbury; (X) All of United States Highway 27/State Route 29 in Rhea County; (Y) That portion of United States Highway 411 in Sevier County from the city limits of Sevierville to the Jefferson County boundary; (Z) That portion of United States Highway 411 in Sevier County from its intersection with United States Highway 441 at Newell Station west to the Blount County boundary; (AA) That segment of state route 416 in Sevier County from its intersection with United States Highway 411 to its intersection with United States Highway 321; (BB) That portion of State Highway 70 in Hawkins and Hancock counties from the intersection of State Highway 94 at Alumwell to the intersection of State Highway 33 at Kyles Ford, eleven and three-tenths (11.3) miles; (CC) All of the highway known as The Trace located in Land Between the Lakes National Recreational Area in Stewart County; (DD) That portion of United States Highway 441 (Newfound Gap Road) in Sevier County from the city limits of the city of Gatlinburg to the Tennessee-North Carolina state line; and (EE) Powell Drive (State Route 131) in Knox County from the intersection with Clinton Highway (State Route 9) to the intersection with Emory Road.
(A) The portion of United States Highway 41 from its intersection with Interstate Highway 24 in Hamilton County westward through the Tennessee River Gorge, Jasper and on to the junction of that highway with State Highway 27 at Kimball (Marion County) and south along State Highway 27 to Interstate 24;
(B) That portion of State Highway 66 from the French Broad River to Interstate 40, in Sevier County, except for the first two thousand one hundred fifty feet (2,150') north of state bridge number 78-66-4.95 toward Interstate 40 in the north-bound lane only;
(C) That portion of the Pellissippi Parkway (State Highway 162) in Knox County from its intersection with Interstate 40, to Melton Hill Lake;
(D) The John Sevier Highway, in Knox County, from the Alcoa Highway (United States Highway 129) to the Chapman Highway (United States Highway 411/441);
(E) That portion of Northshore Drive in Knox County from its intersection with Lyons View Drive and Westland Drive west to Loudon County; provided, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along Northshore Drive within Knox County that is now or, subsequent to April 22, 2005, zoned "TC-1 (Town Center)", or zoned C-6 from the east right-of-way line of Keller Bend Road at Northshore to the east right-of-way line of Pellissippi Parkway, or any similar zoning category, under the zoning ordinances of the city of Knoxville;
(F) That portion of United States Highway 70 North beginning east of Cookeville at the Falling Water Bridge and extending approximately five (5) miles toward Monterey through the Dry Valley Community and ending at the Sand Springs Community;
(G) That portion of State Highway 73 from the city of Maryville to the city of Townsend;
(H) That portion of Westland Drive in Knoxville from its intersection with Northshore Drive to its intersection with Northshore Drive at the western end;
(I) All of United States Highway 411 in Blount County and that portion of United States Highway 411 in Sevier County from the Blount County boundary to the intersection of United States Highway 411 with the Chapman Highway (United States Highway 441);
(J) That portion of new State Highway 95 in Loudon and Blount counties from the Fort Loudon Dam to its intersection with United States Highway 129 at Morganton Road;
(K) That portion of United States Highway 129 in Blount County, known as the 129 Bypass, from its intersection with State Highway 73 and Hall Road in the city of Alcoa to its intersection with United States Highway 411 in the city of Maryville;
(L) All of Lyons Bend Road in Knox County;
(M) That portion of Pittman Center Road from the intersection of Pittman Center Road with State Highway 73 East to the intersection of Pittman Center Road with United States Highway 411, east of Sevierville, but excluding those portions of Pittman Center Road that are within the boundaries, as of January 1, 1982, of incorporated municipalities;
(N) That portion of United States Highway 321 from the intersection of United States Highway 321 with Interstate 40 in Loudon County through Blount and Sevier counties to the intersection of United States Highway 321 with Interstate 40 in Cocke County, but excluding those portions of United States Highway 321 that are within the boundaries, as of January 1, 1982, of incorporated municipalities;
(O) Hardin Valley Road in Knox County;
(P) That portion of State Highway 58 in Hamilton County from the city limits of Chattanooga, as of July 1, 1987, to the Hamilton County boundary;
(Q) That portion of Pellissippi Parkway (State Highway 162) that has been or will be constructed in Blount and Knox Counties after January 1, 1987; provided, that the height restrictions on buildings imposed by § 54-17-115 and sign restrictions referred to in § 54-17-109 that are applicable to [former] § 54-17-109(1) and (10) shall not apply to that property along the Pellissippi Parkway within Knox County that is located between Kingston Pike and Interstate 75/40, all of which shall be regulated by the zoning ordinances and regulations of the appropriate county or municipal government; and provided, further, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along the Pellissippi Parkway within Knox County that is now or, subsequent to April 22, 2005, zoned "TC-1 (Town Center)", or any similar zoning category, under the zoning ordinances of the city of Knoxville; and provided, further, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along Pellissippi Parkway within the corporate limits of the city of Alcoa, that is now or hereafter zoned for planned commercial zones or any similar zoning category under the zoning ordinances of the city of Alcoa;
(R) All of the Natchez Trace Parkway, except for those portions within the boundaries of incorporated municipalities;
(S) All of the Foothills Parkway, except for those portions within the boundaries of incorporated municipalities;
(T) That portion of Alcoa Highway from the intersection of Alcoa Highway and Kingston Pike in Knox County to the intersection of Alcoa Highway and Singleton Station Road in Blount County; provided, that the height restrictions on buildings imposed by § 54-17-115 shall not apply to that property along Alcoa Highway being situated in District 9 in Knox County and Ward 24 of the City of Knoxville and being more particularly bounded and described as Tract 1, the University of Tennessee Medical Center, at the intersection of Alcoa Highway and Cherokee Trail, and regulated by the zoning ordinances and regulations of the City of Knoxville;
(U) The 9.141 mile segment of the Charles H. Coolidge Medal of Honor Highway beginning with its intersection with Signal Mountain Road to State Route 153;
(V) The 9.33 mile segment of the Bill Carter Causeway beginning with its intersection with State Route 153 to north of Soddy Lake in Soddy-Daisy;
(W) That portion of Highway 70 South from Murfreesboro to Woodbury;
(X) All of United States Highway 27/State Route 29 in Rhea County;
(Y) That portion of United States Highway 411 in Sevier County from the city limits of Sevierville to the Jefferson County boundary;
(Z) That portion of United States Highway 411 in Sevier County from its intersection with United States Highway 441 at Newell Station west to the Blount County boundary;
(AA) That segment of state route 416 in Sevier County from its intersection with United States Highway 411 to its intersection with United States Highway 321;
(BB) That portion of State Highway 70 in Hawkins and Hancock counties from the intersection of State Highway 94 at Alumwell to the intersection of State Highway 33 at Kyles Ford, eleven and three-tenths (11.3) miles;
(CC) All of the highway known as The Trace located in Land Between the Lakes National Recreational Area in Stewart County;
(DD) That portion of United States Highway 441 (Newfound Gap Road) in Sevier County from the city limits of the city of Gatlinburg to the Tennessee-North Carolina state line; and
(EE) Powell Drive (State Route 131) in Knox County from the intersection with Clinton Highway (State Route 9) to the intersection with Emory Road.
(b) No state or local governmental entity, agency or department shall take any action that undermines the scenic and historical qualities of roads designated as scenic highways under subdivision (a)(1).
Amended by 2015 Tenn. Acts, ch. 15, s 1, eff. 7/1/2015.
Amended by 2013 Tenn. Acts, ch. 196, s 1, eff. 4/23/2013.
Acts 1971, ch. 431, § 15; 1973, ch. 9, § 2; 1975, ch. 19, § 1; 1975, ch. 151, § 1; 1977, ch. 7, § 1; 1978, ch. 586, §§ 1, 2; 1979, ch. 40, § 1; 1979, ch. 98, § 1; modified; T.C.A., § 54-2514; Acts 1980, ch. 477, §§ 1, 2; 1980, ch. 679, § 1; 1980, ch. 700, § 1; 1980, ch. 902, §§ 1, 2; 1981, ch. 193, §§ 1-5; 1981, ch. 331, § 1; 1982, ch. 625, § 1; 1982, ch. 734, §§ 1-3; 1984, ch. 826, § 1; 1987, ch. 9, § 1; 1987, ch. 83, § 1; 1988, ch. 694, § 1; 1988, ch. 771, § 1; 1989, ch. 267, § 1; 1991, ch. 208, § 1; 1991, ch. 301, § 2; 1991, ch. 381, § 1; 1992, ch. 583, § 1; 1992, ch. 610, § 1; 1993, ch. 92, § 1; 1993, ch. 226, § 1; 1994, ch. 829, § 1; 1994, ch. 921, § 1; 1995, ch. 24, § 1; 1996, ch. 701, § 1; 1996, ch. 752, § 1; 1997 , ch. 428, § 2; 2000, ch. 555, § 1; 2005, ch. 97, §§ 1, 2; 2006, ch. 524, § 1; 2007 , ch. 431, § 1; 2008 , ch. 654, § 1; 2008 , ch. 671, § 1; 2009 , ch. 58, § 1.
Tenn. Code Ann. § 54-12-217 — TN Code / Title 54 / Chapter 12 / Section 54-12-217
Fund for payment of costs and expenses
Status: in_force

When the assessment is collected, it shall constitute a fund for the payment of the costs and expenses. Acts 1919, ch. 193, § 57; Shan. Supp., § 1682a71; Code 1932, § 2885; T.C.A. (orig. ed.), § 54-1417.
When the assessment is collected, it shall constitute a fund for the payment of the costs and expenses.
Acts 1919, ch. 193, § 57; Shan. Supp., § 1682a71; Code 1932, § 2885; T.C.A. (orig. ed.), § 54-1417.
Tenn. Code Ann. § 54-1-126 — TN Code / Title 54 / Chapter 1 / Section 54-1-126
Responsibility for maintenance of public roads, streets, highways or bridges
Status: in_force

(a) The department of transportation is responsible for the maintenance of only those public roads, streets, highways or bridges and similar structures that are designated by the department as being on the state system of highways or the state system of interstate highways. (b) The department shall enter into a written contract with each city, county, or metropolitan government before undertaking any work or providing any funds for work with respect to public roads, streets, highways or bridges and similar structures within their boundaries, other than those designated by the department as being on the state system of highways or the state interstate system of highways. These contracts shall include a provision that the city, county or metropolitan government is solely responsible for all maintenance of the completed work. The contract shall not be valid in the absence of the maintenance provision. (c) The department of transportation is responsible for maintenance of public roads and bridges within the boundaries of parks, as defined by § 11-3-101 , administered by the department of environment and conservation, as follows: (1) Maintenance work undertaken by the department of transportation shall be limited to the following items as necessary to maintain the roadway: (A) Resurfacing and repair of the travel lanes and shoulders; (B) Repair and cleaning of drainage structures; (C) Repair of bridges and abutments; (D) Repair of retaining walls and tunnels; and (E) Replacement or repair of traffic control devices installed in accordance with the Manual on Uniform Traffic Control Devices, including regulatory and warning signs and pavement markings; (2) Maintenance of the public roadway rights-of-way, including mowing and litter removal, as well as maintenance of golf cart paths, greenways, trails, parking lots, driveways, restricted access service roads, and any similar facilities shall remain the responsibility of the department of environment and conservation. The department of transportation may perform any of this maintenance work on behalf of the department of environment and conservation in accordance with an interagency agreement; provided, that the agreement shall require the department of transportation to be reimbursed for the cost of performing the work; (3) In coordination with the department of environment and conservation, the department of transportation shall develop and maintain an inventory of public roads and bridges within each state park that are eligible for maintenance by the department of transportation under this subsection (c) and shall develop a program to prioritize maintenance needs. The department may enter into a written agreement with the department of environment and conservation related to such maintenance work; (4) The department of transportation is authorized to use state highway funds, established in chapter 2, part 1 of this title, to fund the maintenance work authorized in this subsection (c), in accordance with normal budget procedures; and (5) The department of transportation may enter into agreements with the counties or municipalities in which the state park is located to perform maintenance work on public roads within state parks, and the department may use state highway funds to reimburse the counties or municipalities for the costs of performing such maintenance work. Amended by 2017 Tenn. Acts, ch. 425,s 1, eff. 7/1/2017. Acts 1991, ch. 133, §§ 1, 2.
(a) The department of transportation is responsible for the maintenance of only those public roads, streets, highways or bridges and similar structures that are designated by the department as being on the state system of highways or the state system of interstate highways.
(b) The department shall enter into a written contract with each city, county, or metropolitan government before undertaking any work or providing any funds for work with respect to public roads, streets, highways or bridges and similar structures within their boundaries, other than those designated by the department as being on the state system of highways or the state interstate system of highways. These contracts shall include a provision that the city, county or metropolitan government is solely responsible for all maintenance of the completed work. The contract shall not be valid in the absence of the maintenance provision.
(c) The department of transportation is responsible for maintenance of public roads and bridges within the boundaries of parks, as defined by § 11-3-101 , administered by the department of environment and conservation, as follows: (1) Maintenance work undertaken by the department of transportation shall be limited to the following items as necessary to maintain the roadway: (A) Resurfacing and repair of the travel lanes and shoulders; (B) Repair and cleaning of drainage structures; (C) Repair of bridges and abutments; (D) Repair of retaining walls and tunnels; and (E) Replacement or repair of traffic control devices installed in accordance with the Manual on Uniform Traffic Control Devices, including regulatory and warning signs and pavement markings; (2) Maintenance of the public roadway rights-of-way, including mowing and litter removal, as well as maintenance of golf cart paths, greenways, trails, parking lots, driveways, restricted access service roads, and any similar facilities shall remain the responsibility of the department of environment and conservation. The department of transportation may perform any of this maintenance work on behalf of the department of environment and conservation in accordance with an interagency agreement; provided, that the agreement shall require the department of transportation to be reimbursed for the cost of performing the work; (3) In coordination with the department of environment and conservation, the department of transportation shall develop and maintain an inventory of public roads and bridges within each state park that are eligible for maintenance by the department of transportation under this subsection (c) and shall develop a program to prioritize maintenance needs. The department may enter into a written agreement with the department of environment and conservation related to such maintenance work; (4) The department of transportation is authorized to use state highway funds, established in chapter 2, part 1 of this title, to fund the maintenance work authorized in this subsection (c), in accordance with normal budget procedures; and (5) The department of transportation may enter into agreements with the counties or municipalities in which the state park is located to perform maintenance work on public roads within state parks, and the department may use state highway funds to reimburse the counties or municipalities for the costs of performing such maintenance work.
(1) Maintenance work undertaken by the department of transportation shall be limited to the following items as necessary to maintain the roadway: (A) Resurfacing and repair of the travel lanes and shoulders; (B) Repair and cleaning of drainage structures; (C) Repair of bridges and abutments; (D) Repair of retaining walls and tunnels; and (E) Replacement or repair of traffic control devices installed in accordance with the Manual on Uniform Traffic Control Devices, including regulatory and warning signs and pavement markings;
(A) Resurfacing and repair of the travel lanes and shoulders;
(B) Repair and cleaning of drainage structures;
(C) Repair of bridges and abutments;
(D) Repair of retaining walls and tunnels; and
(E) Replacement or repair of traffic control devices installed in accordance with the Manual on Uniform Traffic Control Devices, including regulatory and warning signs and pavement markings;
(2) Maintenance of the public roadway rights-of-way, including mowing and litter removal, as well as maintenance of golf cart paths, greenways, trails, parking lots, driveways, restricted access service roads, and any similar facilities shall remain the responsibility of the department of environment and conservation. The department of transportation may perform any of this maintenance work on behalf of the department of environment and conservation in accordance with an interagency agreement; provided, that the agreement shall require the department of transportation to be reimbursed for the cost of performing the work;
(3) In coordination with the department of environment and conservation, the department of transportation shall develop and maintain an inventory of public roads and bridges within each state park that are eligible for maintenance by the department of transportation under this subsection (c) and shall develop a program to prioritize maintenance needs. The department may enter into a written agreement with the department of environment and conservation related to such maintenance work;
(4) The department of transportation is authorized to use state highway funds, established in chapter 2, part 1 of this title, to fund the maintenance work authorized in this subsection (c), in accordance with normal budget procedures; and
(5) The department of transportation may enter into agreements with the counties or municipalities in which the state park is located to perform maintenance work on public roads within state parks, and the department may use state highway funds to reimburse the counties or municipalities for the costs of performing such maintenance work.
Amended by 2017 Tenn. Acts, ch. 425,s 1, eff. 7/1/2017.
Acts 1991, ch. 133, §§ 1, 2.
Tenn. Code Ann. § 54-18-104 — TN Code / Title 54 / Chapter 18 / Section 54-18-104
Purpose of part
Status: in_force

It is the intent of this part to fit transportation planning with comprehensive local planning and state highway planning into a coordinated whole, and that the state agencies and local governments involved are to be authorized to do everything necessary and proper to achieve that end, including arrangements for keeping the coordinated planning current and periodic reappraisals of transportation plans. Acts 1963, ch. 130, § 4; T.C.A., § 54-2104.
It is the intent of this part to fit transportation planning with comprehensive local planning and state highway planning into a coordinated whole, and that the state agencies and local governments involved are to be authorized to do everything necessary and proper to achieve that end, including arrangements for keeping the coordinated planning current and periodic reappraisals of transportation plans.
Acts 1963, ch. 130, § 4; T.C.A., § 54-2104.
Tenn. Code Ann. § 54-6-114 — TN Code / Title 54 / Chapter 6 / Section 54-6-114
Federal, state, or local assistance-Grants, milestone payments, or loans
Status: in_force

(a) The responsible public entity may take any action to obtain federal, state, or local assistance for a qualifying transportation facility that serves the public purpose of this chapter and may enter into any contracts required to receive such federal, state, or local assistance; provided, that any federal funds available to or received by the state and other state funds for the purposes of this chapter shall be subject to appropriation by the general assembly in accordance with § 54-6-113(a) . The responsible public entity may determine that it serves the public purpose of this chapter for all or any portion of the costs of a qualifying transportation facility to be paid, directly or indirectly, from the proceeds of a grant or loan made by the federal, state, or local government. (b) The responsible public entity may agree to make grants, milestone payments, or loans for the development, redevelopment, or operation of the qualifying transportation facility from amounts received from the federal government or other public entity. Prior to adoption by the responsible public entity of any action authorizing such grants, milestone payments, or loans, the public entity shall submit a plan of financing to the comptroller of the treasury or the comptroller's designee for approval. The comptroller of the treasury or the comptroller's designee may request any additional information as may be required to properly review the proposed plan of financing. The comptroller of the treasury or the comptroller's designee shall evaluate each plan of financing based on the plan's particular circumstances and shall approve the plan only if a determination is made that the repayment structure is in the public's interest. Added by 2016 Tenn. Acts, ch. 975, s 1, eff. 10/1/2016.
(a) The responsible public entity may take any action to obtain federal, state, or local assistance for a qualifying transportation facility that serves the public purpose of this chapter and may enter into any contracts required to receive such federal, state, or local assistance; provided, that any federal funds available to or received by the state and other state funds for the purposes of this chapter shall be subject to appropriation by the general assembly in accordance with § 54-6-113(a) . The responsible public entity may determine that it serves the public purpose of this chapter for all or any portion of the costs of a qualifying transportation facility to be paid, directly or indirectly, from the proceeds of a grant or loan made by the federal, state, or local government.
(b) The responsible public entity may agree to make grants, milestone payments, or loans for the development, redevelopment, or operation of the qualifying transportation facility from amounts received from the federal government or other public entity. Prior to adoption by the responsible public entity of any action authorizing such grants, milestone payments, or loans, the public entity shall submit a plan of financing to the comptroller of the treasury or the comptroller's designee for approval. The comptroller of the treasury or the comptroller's designee may request any additional information as may be required to properly review the proposed plan of financing. The comptroller of the treasury or the comptroller's designee shall evaluate each plan of financing based on the plan's particular circumstances and shall approve the plan only if a determination is made that the repayment structure is in the public's interest.
Added by 2016 Tenn. Acts, ch. 975, s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-18-216 — TN Code / Title 54 / Chapter 18 / Section 54-18-216
Expiration of permit
Status: in_force

Unless the owner proceeds to take the permit within thirty (30) days following the expiration of the forty-day period and proceeds with the construction of the building or structure in accordance with the permit within a period of twelve (12) months, then the owner shall not be entitled to build the building or structure without filing a new application with the board. Acts 1965, ch. 251, § 14; T.C.A., §§ 54-2216, 54-19-116.
Unless the owner proceeds to take the permit within thirty (30) days following the expiration of the forty-day period and proceeds with the construction of the building or structure in accordance with the permit within a period of twelve (12) months, then the owner shall not be entitled to build the building or structure without filing a new application with the board.
Acts 1965, ch. 251, § 14; T.C.A., §§ 54-2216, 54-19-116.
Tenn. Code Ann. § 54-1-130 — TN Code / Title 54 / Chapter 1 / Section 54-1-130
Allowable overhead, costs and rates for design and consultant contracts
Status: in_force

In order to promote engineering and design quality and to ensure the maximum benefits of competition by professional engineering and design service firms, the commissioner of transportation is authorized to establish cost principles to be used to determine the reasonableness and allowability of various costs, including overhead rates, salary limits, allowable expense reimbursements and other costs the commissioner may deem necessary to regulate as they are applicable to design and consultant contracts. The overhead rates for professional engineering and design service firms shall not exceed one hundred forty-five percent (145%) of the consultant's direct labor costs. Nothing in this section shall be construed to require competitive bidding of design and consultant contracts. Acts 1996, ch. 1002, § 1.
In order to promote engineering and design quality and to ensure the maximum benefits of competition by professional engineering and design service firms, the commissioner of transportation is authorized to establish cost principles to be used to determine the reasonableness and allowability of various costs, including overhead rates, salary limits, allowable expense reimbursements and other costs the commissioner may deem necessary to regulate as they are applicable to design and consultant contracts. The overhead rates for professional engineering and design service firms shall not exceed one hundred forty-five percent (145%) of the consultant's direct labor costs. Nothing in this section shall be construed to require competitive bidding of design and consultant contracts.
Acts 1996, ch. 1002, § 1.
Tenn. Code Ann. § 54-12-124 — TN Code / Title 54 / Chapter 12 / Section 54-12-124
Recalling engineer and appointing another
Status: in_force

The monthly county court may at any time recall the appointment of any engineer made under this part, if deemed advisable to do so, and appoint a replacement. Acts 1919, ch. 193, § 13; Shan. Supp., § 1682a24; Code 1932, § 2838; modified; T.C.A. (orig. ed.), § 54-1324.
The monthly county court may at any time recall the appointment of any engineer made under this part, if deemed advisable to do so, and appoint a replacement.
Acts 1919, ch. 193, § 13; Shan. Supp., § 1682a24; Code 1932, § 2838; modified; T.C.A. (orig. ed.), § 54-1324.
Tenn. Code Ann. § 54-12-142 — TN Code / Title 54 / Chapter 12 / Section 54-12-142
Appeal from order establishing or refusing to establish district, and penalty of appeal bond - Damages on appeal bond
Status: in_force

(a) When any person opposing the creation of the district appeals from the order or decision of the monthly county court establishing or creating the district, the person shall execute bond, with good security, in the penalty of four percent (4%) of the estimated cost of the improvement, as shown by the engineer's report, and conditioned to pay all damages, actual and punitive, if any, and costs as may be suffered by the district and the petitioners for the appeal, if the appeal is not successfully prosecuted, the damages to be recovered by suit upon the bond or writ of inquiry in the circuit court that may be awarded in those cases. (b) If the appeal is from an order or judgment of the monthly county court refusing to establish the district, the appeal bond shall be for costs only, and the appeal bond, when made by persons asking damages or by persons opposing the establishment of the district, shall be made payable to the state for the use of those entitled, upon which bond judgment may be rendered in favor of the party or parties litigant for costs, and suits maintained for damages, actual, and also punitive, if any, in the name of the state, for the use of the district or parties entitled. Acts 1919, ch. 193, § 32; Shan. Supp., § 1682a43; Code 1932, § 2857; modified; T.C.A. (orig. ed.), § 54-1342.
(a) When any person opposing the creation of the district appeals from the order or decision of the monthly county court establishing or creating the district, the person shall execute bond, with good security, in the penalty of four percent (4%) of the estimated cost of the improvement, as shown by the engineer's report, and conditioned to pay all damages, actual and punitive, if any, and costs as may be suffered by the district and the petitioners for the appeal, if the appeal is not successfully prosecuted, the damages to be recovered by suit upon the bond or writ of inquiry in the circuit court that may be awarded in those cases.
(b) If the appeal is from an order or judgment of the monthly county court refusing to establish the district, the appeal bond shall be for costs only, and the appeal bond, when made by persons asking damages or by persons opposing the establishment of the district, shall be made payable to the state for the use of those entitled, upon which bond judgment may be rendered in favor of the party or parties litigant for costs, and suits maintained for damages, actual, and also punitive, if any, in the name of the state, for the use of the district or parties entitled.
Acts 1919, ch. 193, § 32; Shan. Supp., § 1682a43; Code 1932, § 2857; modified; T.C.A. (orig. ed.), § 54-1342.
Tenn. Code Ann. § 54-6-105 — TN Code / Title 54 / Chapter 6 / Section 54-6-105
Approval process
Status: in_force

(a) No private entity may develop, redevelop, or operate a transportation facility under this chapter without first obtaining approval of, and entering into a comprehensive agreement with, the responsible public entity pursuant to this section and § 54-6-110 . The private entity may initiate the approval process by requesting approval pursuant to subsection (b). (b) To request approval from the responsible public entity, the private entity shall provide the following material and information with respect to the transportation facility that the private entity proposes to develop, redevelop, or operate as a qualifying transportation facility: (1) A topographic map (1:2,000 or other appropriate scale) indicating the location of the transportation facility; (2) A description of the transportation facility, including the conceptual design of the facility and all proposed interconnections with other transportation facilities; (3) The projected cost of the transportation facility and the proposed date for the beginning of development, redevelopment, and operation of the transportation facility; (4) If applicable, a statement setting forth the method by which the private entity proposes to assist in securing all property interests required for the transportation facility, if any, including: (A) The current owners and operators of the property needed for the transportation facility; (B) The nature of the interest in the property to be acquired; and (C) Any property that the responsible public entity is expected to be requested to condemn; (5) Information relating to the current transportation plans, if any, of the state, region, and each affected jurisdiction, including information on how the proposed development, redevelopment, and operation of the transportation facility will address the needs of such plans by improving safety, reducing congestion, increasing capacity, enhancing economic efficiency, or any combination thereof; (6) A list of all permits and approvals required for development, redevelopment, and operation of the transportation facility from local, state, or federal agencies and a projected schedule for obtaining the permits and approvals; (7) A list of public utility facilities, if any, that will be crossed by the transportation facility and a statement of the plans of the private entity to accommodate such crossings; (8) A statement setting forth the private entity's general plans for development, redevelopment, or operation of the transportation facility; (9) A statement of the risks, liabilities, and responsibilities to be transferred or assigned to, or assumed by, the private entity for the development, redevelopment, or operation of the transportation facility, including revenue risk and any operation and maintenance; and (10) Such additional material and information as the responsible public entity may reasonably request. (c) (1) If the proposed development, redevelopment, or operation of the transportation facility will utilize, connect to, interconnect with, or cross over the private property on which an existing transportation facility is located, then the private entity shall notify the existing transportation facility of its request for approval within fifteen (15) days of the private entity submitting its request for approval by furnishing written notice to the registered agent of the existing transportation facility on file with the secretary of state with the following information to the owner and operator of the existing transportation facility: a topographic map (1:2,000 or other appropriate scale) indicating the location of the proposed development, redevelopment, or operation; a description of the proposed development, redevelopment, or operation, including the conceptual design of the transportation facility and all proposed interconnections with, utilizations of, connections to, and crossings over the existing transportation facility; a statement of the plans of the private entity to accommodate the interconnections with, utilizations of, connections to, and crossings over the existing transportation facility; and a statement setting forth the private entity's general plans for the proposed development, redevelopment, or operation. No proprietary information, which is confidential pursuant to § 54-6-107 , shall be furnished to the owner and operator of the existing transportation facility. The existing transportation facility may submit comments relating to the proposed development, redevelopment, or operation of the transportation facility to the responsible public entity within thirty (30) days after receiving a written notice from the private entity. (2) The responsible public entity shall notify each affected jurisdiction that is not a responsible public entity of its receipt of a request for approval by furnishing a copy of the request to the governing body of the affected jurisdiction; except, that no proprietary information, which is confidential pursuant to § 54-6-107 , shall be furnished to the affected jurisdiction. Each affected jurisdiction may submit comments relating to a proposed qualifying transportation facility to the responsible public entity within sixty (60) days after receiving a request for comments from the responsible public entity and indicate whether the facility will address the needs identified in the appropriate state, regional, or local transportation plan. (d) (1) Any request for approval submitted to the department shall also be submitted to and reviewed by the fiscal review committee of the general assembly pursuant to subdivisions (d)(2)-(4) prior to the department receiving, considering, evaluating, and accepting proposals from a private entity pursuant to § 54-6-106 . (2) The fiscal review committee shall have twenty (20) business days from receipt of request for approval to comment on the request. (3) After this twenty-day period, the private entity may proceed to submit a proposal to the department pursuant to § 54-6-106 . (4) The fiscal review committee shall be provided a copy of the private entity's request for approval, including a description of the transportation facility, the projected cost and financial structure of the transportation facility, any impact on the debt capacity of the state, the proposed date for the beginning of development, redevelopment, and operation of the transportation facility, information relating to the current transportation plans, if any, of the state, region, and each affected jurisdiction, and any other information as may be requested by the committee; provided, that no proprietary information, which is confidential pursuant to § 54-6-107 , shall be provided to the fiscal review committee. (e) The responsible public entity may grant approval if it determines that the proposed development, redevelopment, or operation of the transportation facility pursuant to this chapter serves the public interest. The responsible public entity may determine that the proposed development, redevelopment, or operation of the transportation facility serves the public interest for purposes of this subsection (e) if: (1) There is a public need for the transportation facility of the type the private entity proposes to operate as a qualifying transportation facility; (2) Proceeding with the development, redevelopment, or operation of the transportation facility pursuant to this chapter is more beneficial than proceeding through other means of procurement available to the responsible public entity under title 6 or title 12, chapter 3; (3) The proposed development, redevelopment, or operation provides sufficient benefits to the public when compared to substantially similar development, redevelopment, or operation of transportation facilities by the responsible public entity; (4) Any revenue risk will be transferred to the private entity and any such transfer of revenue risk will be mitigated through provisions in the interim or comprehensive agreement; (5) The qualified transportation facility contains a low or medium level of project delivery risk; provided, that if the facility contains a high level of project delivery risk, the facility serves the public interest for purposes of this subsection (e) if, in addition to meeting the other requirements of this subsection (e), the risks, liabilities, or responsibilities will be transferred or assigned to, or assumed by, the private entity in the event that issues arise with the development, redevelopment, or operation of the qualifying transportation facility; (6) The risks, liabilities, and responsibilities transferred or assigned to, or assumed by, the private entity provide sufficient benefits to the public to not proceed with the development, redevelopment, or operation of the transportation facility through other means of procurement available to the responsible public entity under title 6 or title 12, chapter 3; (7) The transportation facility and the proposed interconnections with existing transportation facilities are compatible with the existing transportation plan for the state, region, and affected jurisdictions; (8) The estimated cost, choice of technology, developing, redeveloping, or operation plans, and proposed manner of financing the development, redevelopment, or operation are reasonable; (9) The private entity's plans will result in the timely development, redevelopment, and operation of the transportation facility or their more efficient operation; and (10) The private entity proposing the development, redevelopment, or operation is technically, managerially, and financially viable to carry out the proposal. (f) For any project with an estimated cost of over fifty million dollars ($50,000,000), the responsible public entity also shall require the private entity to pay the costs for an independent audit of any and all cost estimates associated with the private entity's proposed development, redevelopment, or operation, as well as a review of all public costs and potential liabilities to which taxpayers could be exposed, including improvements to other transportation facilities that may be needed as a result of the proposed development, redevelopment, or operation, failure by the private entity to reimburse the responsible public entity for services provided, and potential risk and liability in the event the private entity defaults on the comprehensive agreement or on bonds issued for the project. This independent audit shall be conducted by an independent consultant selected by the responsible public entity, and all such information from the review shall be subject to public disclosure pursuant to § 10-7-503 or any other law; except, that no proprietary information, which is confidential pursuant to § 54-6-107 , shall be subject to public disclosure. (g) In connection with granting the approval, the responsible public entity shall set forth any reports that the private entity needs to file if the information or materials filed with the request change. Except for these reports, the private entity shall not be required to update the information or materials filed with the request. (h) The responsible public entity may charge a reasonable fee to cover the costs of processing and reviewing a request for approval and may charge a reasonable annual fee to cover the costs of the performance of its duties under this chapter. Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
(a) No private entity may develop, redevelop, or operate a transportation facility under this chapter without first obtaining approval of, and entering into a comprehensive agreement with, the responsible public entity pursuant to this section and § 54-6-110 . The private entity may initiate the approval process by requesting approval pursuant to subsection (b).
(b) To request approval from the responsible public entity, the private entity shall provide the following material and information with respect to the transportation facility that the private entity proposes to develop, redevelop, or operate as a qualifying transportation facility: (1) A topographic map (1:2,000 or other appropriate scale) indicating the location of the transportation facility; (2) A description of the transportation facility, including the conceptual design of the facility and all proposed interconnections with other transportation facilities; (3) The projected cost of the transportation facility and the proposed date for the beginning of development, redevelopment, and operation of the transportation facility; (4) If applicable, a statement setting forth the method by which the private entity proposes to assist in securing all property interests required for the transportation facility, if any, including: (A) The current owners and operators of the property needed for the transportation facility; (B) The nature of the interest in the property to be acquired; and (C) Any property that the responsible public entity is expected to be requested to condemn; (5) Information relating to the current transportation plans, if any, of the state, region, and each affected jurisdiction, including information on how the proposed development, redevelopment, and operation of the transportation facility will address the needs of such plans by improving safety, reducing congestion, increasing capacity, enhancing economic efficiency, or any combination thereof; (6) A list of all permits and approvals required for development, redevelopment, and operation of the transportation facility from local, state, or federal agencies and a projected schedule for obtaining the permits and approvals; (7) A list of public utility facilities, if any, that will be crossed by the transportation facility and a statement of the plans of the private entity to accommodate such crossings; (8) A statement setting forth the private entity's general plans for development, redevelopment, or operation of the transportation facility; (9) A statement of the risks, liabilities, and responsibilities to be transferred or assigned to, or assumed by, the private entity for the development, redevelopment, or operation of the transportation facility, including revenue risk and any operation and maintenance; and (10) Such additional material and information as the responsible public entity may reasonably request.
(1) A topographic map (1:2,000 or other appropriate scale) indicating the location of the transportation facility;
(2) A description of the transportation facility, including the conceptual design of the facility and all proposed interconnections with other transportation facilities;
(3) The projected cost of the transportation facility and the proposed date for the beginning of development, redevelopment, and operation of the transportation facility;
(4) If applicable, a statement setting forth the method by which the private entity proposes to assist in securing all property interests required for the transportation facility, if any, including: (A) The current owners and operators of the property needed for the transportation facility; (B) The nature of the interest in the property to be acquired; and (C) Any property that the responsible public entity is expected to be requested to condemn;
(A) The current owners and operators of the property needed for the transportation facility;
(B) The nature of the interest in the property to be acquired; and
(C) Any property that the responsible public entity is expected to be requested to condemn;
(5) Information relating to the current transportation plans, if any, of the state, region, and each affected jurisdiction, including information on how the proposed development, redevelopment, and operation of the transportation facility will address the needs of such plans by improving safety, reducing congestion, increasing capacity, enhancing economic efficiency, or any combination thereof;
(6) A list of all permits and approvals required for development, redevelopment, and operation of the transportation facility from local, state, or federal agencies and a projected schedule for obtaining the permits and approvals;
(7) A list of public utility facilities, if any, that will be crossed by the transportation facility and a statement of the plans of the private entity to accommodate such crossings;
(8) A statement setting forth the private entity's general plans for development, redevelopment, or operation of the transportation facility;
(9) A statement of the risks, liabilities, and responsibilities to be transferred or assigned to, or assumed by, the private entity for the development, redevelopment, or operation of the transportation facility, including revenue risk and any operation and maintenance; and
(10) Such additional material and information as the responsible public entity may reasonably request.
(c) (1) If the proposed development, redevelopment, or operation of the transportation facility will utilize, connect to, interconnect with, or cross over the private property on which an existing transportation facility is located, then the private entity shall notify the existing transportation facility of its request for approval within fifteen (15) days of the private entity submitting its request for approval by furnishing written notice to the registered agent of the existing transportation facility on file with the secretary of state with the following information to the owner and operator of the existing transportation facility: a topographic map (1:2,000 or other appropriate scale) indicating the location of the proposed development, redevelopment, or operation; a description of the proposed development, redevelopment, or operation, including the conceptual design of the transportation facility and all proposed interconnections with, utilizations of, connections to, and crossings over the existing transportation facility; a statement of the plans of the private entity to accommodate the interconnections with, utilizations of, connections to, and crossings over the existing transportation facility; and a statement setting forth the private entity's general plans for the proposed development, redevelopment, or operation. No proprietary information, which is confidential pursuant to § 54-6-107 , shall be furnished to the owner and operator of the existing transportation facility. The existing transportation facility may submit comments relating to the proposed development, redevelopment, or operation of the transportation facility to the responsible public entity within thirty (30) days after receiving a written notice from the private entity. (2) The responsible public entity shall notify each affected jurisdiction that is not a responsible public entity of its receipt of a request for approval by furnishing a copy of the request to the governing body of the affected jurisdiction; except, that no proprietary information, which is confidential pursuant to § 54-6-107 , shall be furnished to the affected jurisdiction. Each affected jurisdiction may submit comments relating to a proposed qualifying transportation facility to the responsible public entity within sixty (60) days after receiving a request for comments from the responsible public entity and indicate whether the facility will address the needs identified in the appropriate state, regional, or local transportation plan.
(1) If the proposed development, redevelopment, or operation of the transportation facility will utilize, connect to, interconnect with, or cross over the private property on which an existing transportation facility is located, then the private entity shall notify the existing transportation facility of its request for approval within fifteen (15) days of the private entity submitting its request for approval by furnishing written notice to the registered agent of the existing transportation facility on file with the secretary of state with the following information to the owner and operator of the existing transportation facility: a topographic map (1:2,000 or other appropriate scale) indicating the location of the proposed development, redevelopment, or operation; a description of the proposed development, redevelopment, or operation, including the conceptual design of the transportation facility and all proposed interconnections with, utilizations of, connections to, and crossings over the existing transportation facility; a statement of the plans of the private entity to accommodate the interconnections with, utilizations of, connections to, and crossings over the existing transportation facility; and a statement setting forth the private entity's general plans for the proposed development, redevelopment, or operation. No proprietary information, which is confidential pursuant to § 54-6-107 , shall be furnished to the owner and operator of the existing transportation facility. The existing transportation facility may submit comments relating to the proposed development, redevelopment, or operation of the transportation facility to the responsible public entity within thirty (30) days after receiving a written notice from the private entity.
(2) The responsible public entity shall notify each affected jurisdiction that is not a responsible public entity of its receipt of a request for approval by furnishing a copy of the request to the governing body of the affected jurisdiction; except, that no proprietary information, which is confidential pursuant to § 54-6-107 , shall be furnished to the affected jurisdiction. Each affected jurisdiction may submit comments relating to a proposed qualifying transportation facility to the responsible public entity within sixty (60) days after receiving a request for comments from the responsible public entity and indicate whether the facility will address the needs identified in the appropriate state, regional, or local transportation plan.
(d) (1) Any request for approval submitted to the department shall also be submitted to and reviewed by the fiscal review committee of the general assembly pursuant to subdivisions (d)(2)-(4) prior to the department receiving, considering, evaluating, and accepting proposals from a private entity pursuant to § 54-6-106 . (2) The fiscal review committee shall have twenty (20) business days from receipt of request for approval to comment on the request. (3) After this twenty-day period, the private entity may proceed to submit a proposal to the department pursuant to § 54-6-106 . (4) The fiscal review committee shall be provided a copy of the private entity's request for approval, including a description of the transportation facility, the projected cost and financial structure of the transportation facility, any impact on the debt capacity of the state, the proposed date for the beginning of development, redevelopment, and operation of the transportation facility, information relating to the current transportation plans, if any, of the state, region, and each affected jurisdiction, and any other information as may be requested by the committee; provided, that no proprietary information, which is confidential pursuant to § 54-6-107 , shall be provided to the fiscal review committee.
(1) Any request for approval submitted to the department shall also be submitted to and reviewed by the fiscal review committee of the general assembly pursuant to subdivisions (d)(2)-(4) prior to the department receiving, considering, evaluating, and accepting proposals from a private entity pursuant to § 54-6-106 .
(2) The fiscal review committee shall have twenty (20) business days from receipt of request for approval to comment on the request.
(3) After this twenty-day period, the private entity may proceed to submit a proposal to the department pursuant to § 54-6-106 .
(4) The fiscal review committee shall be provided a copy of the private entity's request for approval, including a description of the transportation facility, the projected cost and financial structure of the transportation facility, any impact on the debt capacity of the state, the proposed date for the beginning of development, redevelopment, and operation of the transportation facility, information relating to the current transportation plans, if any, of the state, region, and each affected jurisdiction, and any other information as may be requested by the committee; provided, that no proprietary information, which is confidential pursuant to § 54-6-107 , shall be provided to the fiscal review committee.
(e) The responsible public entity may grant approval if it determines that the proposed development, redevelopment, or operation of the transportation facility pursuant to this chapter serves the public interest. The responsible public entity may determine that the proposed development, redevelopment, or operation of the transportation facility serves the public interest for purposes of this subsection (e) if: (1) There is a public need for the transportation facility of the type the private entity proposes to operate as a qualifying transportation facility; (2) Proceeding with the development, redevelopment, or operation of the transportation facility pursuant to this chapter is more beneficial than proceeding through other means of procurement available to the responsible public entity under title 6 or title 12, chapter 3; (3) The proposed development, redevelopment, or operation provides sufficient benefits to the public when compared to substantially similar development, redevelopment, or operation of transportation facilities by the responsible public entity; (4) Any revenue risk will be transferred to the private entity and any such transfer of revenue risk will be mitigated through provisions in the interim or comprehensive agreement; (5) The qualified transportation facility contains a low or medium level of project delivery risk; provided, that if the facility contains a high level of project delivery risk, the facility serves the public interest for purposes of this subsection (e) if, in addition to meeting the other requirements of this subsection (e), the risks, liabilities, or responsibilities will be transferred or assigned to, or assumed by, the private entity in the event that issues arise with the development, redevelopment, or operation of the qualifying transportation facility; (6) The risks, liabilities, and responsibilities transferred or assigned to, or assumed by, the private entity provide sufficient benefits to the public to not proceed with the development, redevelopment, or operation of the transportation facility through other means of procurement available to the responsible public entity under title 6 or title 12, chapter 3; (7) The transportation facility and the proposed interconnections with existing transportation facilities are compatible with the existing transportation plan for the state, region, and affected jurisdictions; (8) The estimated cost, choice of technology, developing, redeveloping, or operation plans, and proposed manner of financing the development, redevelopment, or operation are reasonable; (9) The private entity's plans will result in the timely development, redevelopment, and operation of the transportation facility or their more efficient operation; and (10) The private entity proposing the development, redevelopment, or operation is technically, managerially, and financially viable to carry out the proposal.
(1) There is a public need for the transportation facility of the type the private entity proposes to operate as a qualifying transportation facility;
(2) Proceeding with the development, redevelopment, or operation of the transportation facility pursuant to this chapter is more beneficial than proceeding through other means of procurement available to the responsible public entity under title 6 or title 12, chapter 3;
(3) The proposed development, redevelopment, or operation provides sufficient benefits to the public when compared to substantially similar development, redevelopment, or operation of transportation facilities by the responsible public entity;
(4) Any revenue risk will be transferred to the private entity and any such transfer of revenue risk will be mitigated through provisions in the interim or comprehensive agreement;
(5) The qualified transportation facility contains a low or medium level of project delivery risk; provided, that if the facility contains a high level of project delivery risk, the facility serves the public interest for purposes of this subsection (e) if, in addition to meeting the other requirements of this subsection (e), the risks, liabilities, or responsibilities will be transferred or assigned to, or assumed by, the private entity in the event that issues arise with the development, redevelopment, or operation of the qualifying transportation facility;
(6) The risks, liabilities, and responsibilities transferred or assigned to, or assumed by, the private entity provide sufficient benefits to the public to not proceed with the development, redevelopment, or operation of the transportation facility through other means of procurement available to the responsible public entity under title 6 or title 12, chapter 3;
(7) The transportation facility and the proposed interconnections with existing transportation facilities are compatible with the existing transportation plan for the state, region, and affected jurisdictions;
(8) The estimated cost, choice of technology, developing, redeveloping, or operation plans, and proposed manner of financing the development, redevelopment, or operation are reasonable;
(9) The private entity's plans will result in the timely development, redevelopment, and operation of the transportation facility or their more efficient operation; and
(10) The private entity proposing the development, redevelopment, or operation is technically, managerially, and financially viable to carry out the proposal.
(f) For any project with an estimated cost of over fifty million dollars ($50,000,000), the responsible public entity also shall require the private entity to pay the costs for an independent audit of any and all cost estimates associated with the private entity's proposed development, redevelopment, or operation, as well as a review of all public costs and potential liabilities to which taxpayers could be exposed, including improvements to other transportation facilities that may be needed as a result of the proposed development, redevelopment, or operation, failure by the private entity to reimburse the responsible public entity for services provided, and potential risk and liability in the event the private entity defaults on the comprehensive agreement or on bonds issued for the project. This independent audit shall be conducted by an independent consultant selected by the responsible public entity, and all such information from the review shall be subject to public disclosure pursuant to § 10-7-503 or any other law; except, that no proprietary information, which is confidential pursuant to § 54-6-107 , shall be subject to public disclosure.
(g) In connection with granting the approval, the responsible public entity shall set forth any reports that the private entity needs to file if the information or materials filed with the request change. Except for these reports, the private entity shall not be required to update the information or materials filed with the request.
(h) The responsible public entity may charge a reasonable fee to cover the costs of processing and reviewing a request for approval and may charge a reasonable annual fee to cover the costs of the performance of its duties under this chapter.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-12-211 — TN Code / Title 54 / Chapter 12 / Section 54-12-211
Determination of all objections to report and questions of apportionment and assessments - Failure to benefit cannot be shown
Status: in_force

When the day set for hearing has arrived, and the hearing is not continued by the court for good reason, as it may be, and when the hearing is had, the monthly county court shall proceed to hear and determine all objections made and filed to the report, and may increase, diminish, annul, or affirm the apportionment and assessments made in the report, or in any parts of the report, as may appear to the court to be just and equitable; but in no case shall it be competent to show that the lands assessed would not be benefited by the improvement. When the hearing has been had, the court shall assess the apportionment fixed by it upon the lands within the road improvement district. Acts 1919, ch. 193, § 51; Shan. Supp., § 1682a65; Code 1932, § 2879; modified; T.C.A. (orig. ed.), § 54-1411.
When the day set for hearing has arrived, and the hearing is not continued by the court for good reason, as it may be, and when the hearing is had, the monthly county court shall proceed to hear and determine all objections made and filed to the report, and may increase, diminish, annul, or affirm the apportionment and assessments made in the report, or in any parts of the report, as may appear to the court to be just and equitable; but in no case shall it be competent to show that the lands assessed would not be benefited by the improvement. When the hearing has been had, the court shall assess the apportionment fixed by it upon the lands within the road improvement district.
Acts 1919, ch. 193, § 51; Shan. Supp., § 1682a65; Code 1932, § 2879; modified; T.C.A. (orig. ed.), § 54-1411.
Tenn. Code Ann. § 54-11-219 — TN Code / Title 54 / Chapter 11 / Section 54-11-219
Bridges over rivers through county seat towns
Status: in_force

A county legislative body is empowered, the same being a county purpose, to build, or assist in building, or in obtaining within the corporate limits of a municipal corporation that is the county seat of the county, a toll-free bridge across any river running through and dividing the municipality and county. Acts 1881, ch. 95, § 1; Shan., §§ 1635, 6049; Code 1932, §§ 2762, 10254; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1125.
A county legislative body is empowered, the same being a county purpose, to build, or assist in building, or in obtaining within the corporate limits of a municipal corporation that is the county seat of the county, a toll-free bridge across any river running through and dividing the municipality and county.
Acts 1881, ch. 95, § 1; Shan., §§ 1635, 6049; Code 1932, §§ 2762, 10254; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1125.
Tenn. Code Ann. § 54-3-107 — TN Code / Title 54 / Chapter 3 / Section 54-3-107
User fees and other restrictions
Status: in_force

The commissioner may, subject to the approval of the board, establish user fees, vehicle restrictions, and other fees or restrictions applicable to the operation of user fee facilities as provided in this chapter. The commissioner may enforce fees or restrictions pursuant to this chapter. Amended by 2023 Tenn. Acts, ch. 159, s 23, eff. 4/17/2023. Acts 2007 , ch. 597, § 8.
The commissioner may, subject to the approval of the board, establish user fees, vehicle restrictions, and other fees or restrictions applicable to the operation of user fee facilities as provided in this chapter. The commissioner may enforce fees or restrictions pursuant to this chapter.
Amended by 2023 Tenn. Acts, ch. 159, s 23, eff. 4/17/2023.
Acts 2007 , ch. 597, § 8.
Tenn. Code Ann. § 54-17-201 — TN Code / Title 54 / Chapter 17 / Section 54-17-201
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Parkway System Act." Acts 1982, ch. 865, § 1.
This part shall be known and may be cited as the "Tennessee Parkway System Act."
Acts 1982, ch. 865, § 1.
Tenn. Code Ann. § 54-1-129 — TN Code / Title 54 / Chapter 1 / Section 54-1-129
Informational signs
Status: in_force

(a) Notwithstanding any law to the contrary, it is the duty of the department of transportation to erect and maintain informational signs at sites and facilities that serve the educational, historical and cultural interests of the citizens of the state, including the erection and maintenance of the signs along the various highways of Tennessee for radio stations that regularly broadcast public service information regarding weather conditions, travel and road conditions and/or tourism-related sites and facilities in their respective areas. In order to be eligible for the highway signage, radio stations shall demonstrate that no less than one-fourth (¼) of their total broadcast programming consists of public service information regarding weather conditions, travel and road conditions and/or tourism-related sites and facilities in their respective areas, and that the public service information is broadcast regularly at intervals of no greater than thirty (30) minutes during the period of time the radio station is on the air. (b) The department shall promulgate rules and regulations, within the specific parameters of subsection (a), to establish eligibility standards for the erection of highway signs for radio stations broadcasting public service information. (c) Erection of the informational signs shall be within the guidelines prescribed by the Manual on Uniform Traffic Control Devices. (d) This section shall become operative only if the federal highway administrator advises the commissioner of transportation in writing that this section shall not render Tennessee in violation of federal laws and regulations and subject to penalties prescribed in the federal laws and regulations. Acts 1995, ch. 108, §§ 1-4.
(a) Notwithstanding any law to the contrary, it is the duty of the department of transportation to erect and maintain informational signs at sites and facilities that serve the educational, historical and cultural interests of the citizens of the state, including the erection and maintenance of the signs along the various highways of Tennessee for radio stations that regularly broadcast public service information regarding weather conditions, travel and road conditions and/or tourism-related sites and facilities in their respective areas. In order to be eligible for the highway signage, radio stations shall demonstrate that no less than one-fourth (¼) of their total broadcast programming consists of public service information regarding weather conditions, travel and road conditions and/or tourism-related sites and facilities in their respective areas, and that the public service information is broadcast regularly at intervals of no greater than thirty (30) minutes during the period of time the radio station is on the air.
(b) The department shall promulgate rules and regulations, within the specific parameters of subsection (a), to establish eligibility standards for the erection of highway signs for radio stations broadcasting public service information.
(c) Erection of the informational signs shall be within the guidelines prescribed by the Manual on Uniform Traffic Control Devices.
(d) This section shall become operative only if the federal highway administrator advises the commissioner of transportation in writing that this section shall not render Tennessee in violation of federal laws and regulations and subject to penalties prescribed in the federal laws and regulations.
Acts 1995, ch. 108, §§ 1-4.
Tenn. Code Ann. § 54-20-205 — TN Code / Title 54 / Chapter 20 / Section 54-20-205
Enforcement of provisions - Violation a misdemeanor
Status: in_force

(a) Any citizen of this state may obtain a warrant for the arrest of anyone violating this part, but it is declared to be a specific duty for the members of the Tennessee highway patrol to enforce this part. (b) A person violating any provision of this part commits a Class C misdemeanor. (c) Each day's subsequent violation constitutes a separate offense. (d) In the case of automobile graveyards established prior to March 26, 1965, the owners or operators of the automobile graveyard shall have a reasonable and necessary period of time in which to comply with this part. Acts 1965, ch. 352, §§ 5, 6; T.C.A., §§ 54-577, 54-5-905; Acts 1989, ch. 591, § 113.
(a) Any citizen of this state may obtain a warrant for the arrest of anyone violating this part, but it is declared to be a specific duty for the members of the Tennessee highway patrol to enforce this part.
(b) A person violating any provision of this part commits a Class C misdemeanor.
(c) Each day's subsequent violation constitutes a separate offense.
(d) In the case of automobile graveyards established prior to March 26, 1965, the owners or operators of the automobile graveyard shall have a reasonable and necessary period of time in which to comply with this part.
Acts 1965, ch. 352, §§ 5, 6; T.C.A., §§ 54-577, 54-5-905; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 54-5-406 — TN Code / Title 54 / Chapter 5 / Section 54-5-406
Funds to be used
Status: in_force

(a) In effectuating the purposes of this part, the department is authorized to use highway funds not specifically allotted by legislative action to other categories of highway construction and maintenance. (b) Notwithstanding § 54-5-405 , cities and counties within this state may and are expressly authorized to use any funds available to them for the construction and maintenance of industrial highways, roads, and streets within their boundaries or within, or adjacent to, or in close proximity to any industrial sites or parks owned or partially owned by them, or lands owned or held by them for industrial use, when, in the opinion of a majority of the members of the governing body of any city or county within this state, they will facilitate industrial development and expansion. Amended by 2014 Tenn. Acts, ch. 546,s 6, eff. 3/17/2014. Acts 1959, ch. 264, § 6; 1969, ch. 308, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-551; Acts 1981, ch. 264, § 12.
(a) In effectuating the purposes of this part, the department is authorized to use highway funds not specifically allotted by legislative action to other categories of highway construction and maintenance.
(b) Notwithstanding § 54-5-405 , cities and counties within this state may and are expressly authorized to use any funds available to them for the construction and maintenance of industrial highways, roads, and streets within their boundaries or within, or adjacent to, or in close proximity to any industrial sites or parks owned or partially owned by them, or lands owned or held by them for industrial use, when, in the opinion of a majority of the members of the governing body of any city or county within this state, they will facilitate industrial development and expansion.
Amended by 2014 Tenn. Acts, ch. 546,s 6, eff. 3/17/2014.
Acts 1959, ch. 264, § 6; 1969, ch. 308, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-551; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-11-220 — TN Code / Title 54 / Chapter 11 / Section 54-11-220
Location of bridges in county seat towns - Toll-free - Maintenance
Status: in_force

(a) The bridge shall be located upon or near and convenient to a public highway traversing the county, due regard being had both to the advantages of location and convenience of the citizens of the county having to pass over the bridge. (b) The bridge shall be forever free to all persons, vehicles, and stock that may pass over the bridge, and shall be kept up and maintained by the municipality within which it is located. Acts 1881, ch. 95, § 1; Shan., §§ 1636, 6049; Code 1932, §§ 2763, 10254; T.C.A. (orig. ed.), § 54-1126.
(a) The bridge shall be located upon or near and convenient to a public highway traversing the county, due regard being had both to the advantages of location and convenience of the citizens of the county having to pass over the bridge.
(b) The bridge shall be forever free to all persons, vehicles, and stock that may pass over the bridge, and shall be kept up and maintained by the municipality within which it is located.
Acts 1881, ch. 95, § 1; Shan., §§ 1636, 6049; Code 1932, §§ 2763, 10254; T.C.A. (orig. ed.), § 54-1126.
Tenn. Code Ann. § 54-5-506 — TN Code / Title 54 / Chapter 5 / Section 54-5-506
Administration and specifications
Status: in_force

The department has the responsibility for administering each project and establishing the specifications that are appropriate for each contemplated connector. Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 159, § 6; 1968, ch. 577, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-574; Acts 1981, ch. 264, § 12.
The department has the responsibility for administering each project and establishing the specifications that are appropriate for each contemplated connector.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 159, § 6; 1968, ch. 577, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-574; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-5-1105 — TN Code / Title 54 / Chapter 5 / Section 54-5-1105
Award of contracts to Tennessee based enterprises
Status: in_force

Notwithstanding any law or this part to the contrary, all contracts entered into by the state pursuant to this part shall be awarded to Tennessee-based business enterprises. Amended by 2013 Tenn. Acts, ch. 308, s 27, eff. 7/1/2013. Acts 1988, ch. 696, §§ 12, 15.
Notwithstanding any law or this part to the contrary, all contracts entered into by the state pursuant to this part shall be awarded to Tennessee-based business enterprises.
Amended by 2013 Tenn. Acts, ch. 308, s 27, eff. 7/1/2013.
Acts 1988, ch. 696, §§ 12, 15.
Tenn. Code Ann. § 54-10-209 — TN Code / Title 54 / Chapter 10 / Section 54-10-209
Bond for appeal costs
Status: in_force

All persons appealing from the decision of a jury of view to any court having jurisdiction of the matter shall execute a bond for the costs of the suit. Acts 1891, ch. 1, § 14; Shan., § 1628; Code 1932, § 2738; T.C.A. (orig. ed.), § 54-913.
All persons appealing from the decision of a jury of view to any court having jurisdiction of the matter shall execute a bond for the costs of the suit.
Acts 1891, ch. 1, § 14; Shan., § 1628; Code 1932, § 2738; T.C.A. (orig. ed.), § 54-913.
Tenn. Code Ann. § 54-3-111 — TN Code / Title 54 / Chapter 3 / Section 54-3-111
State immunity
Status: in_force

Nothing in this chapter shall be construed as either waiving the immunity of the state from suit or as extending its consent to be sued. Acts 2007, ch. 597, § 12.
Nothing in this chapter shall be construed as either waiving the immunity of the state from suit or as extending its consent to be sued.
Acts 2007, ch. 597, § 12.
Tenn. Code Ann. § 54-12-313 — TN Code / Title 54 / Chapter 12 / Section 54-12-313
Compensation of engineers
Status: in_force

An engineer employed by a board of directors of an improvement district to supervise the work, etc., shall be paid for services a salary or sums that may be agreed upon between the engineer and the board of directors. Acts 1919, ch. 193, § 106; Shan. Supp., § 1682a120; Code 1932, § 2935; T.C.A. (orig. ed.), § 54-1513.
An engineer employed by a board of directors of an improvement district to supervise the work, etc., shall be paid for services a salary or sums that may be agreed upon between the engineer and the board of directors.
Acts 1919, ch. 193, § 106; Shan. Supp., § 1682a120; Code 1932, § 2935; T.C.A. (orig. ed.), § 54-1513.
Tenn. Code Ann. § 54-5-140 — TN Code / Title 54 / Chapter 5 / Section 54-5-140
Improvements by local governments - Approval - Maintenance
Status: in_force

(a) Cities, counties and metropolitan governments are authorized, within their respective jurisdictions, to make improvements to existing highways on the system of state highways, or to construct additions to the system, with the approval of the commissioner. The work may be accomplished by qualified persons provided by the city, county, or metropolitan government, or by contracts with qualified contractors. (b) When the work provided for in subsection (a) is undertaken, the commissioner shall have the authority to approve the plans and specifications for conformity to state standards. Following completion of the construction in conformity with the plans and specifications, the department shall assume responsibility for the maintenance of the highways. Acts 1988, ch. 512, § 1.
(a) Cities, counties and metropolitan governments are authorized, within their respective jurisdictions, to make improvements to existing highways on the system of state highways, or to construct additions to the system, with the approval of the commissioner. The work may be accomplished by qualified persons provided by the city, county, or metropolitan government, or by contracts with qualified contractors.
(b) When the work provided for in subsection (a) is undertaken, the commissioner shall have the authority to approve the plans and specifications for conformity to state standards. Following completion of the construction in conformity with the plans and specifications, the department shall assume responsibility for the maintenance of the highways.
Acts 1988, ch. 512, § 1.
Tenn. Code Ann. § 54-5-505 — TN Code / Title 54 / Chapter 5 / Section 54-5-505
Existing routes - Determination of adequacy
Status: in_force

Tolerable standards for establishing adequacy of existing routes shall be those of the department used in highway planning, based on estimated traffic in 1975, and adequacy shall be determined by the department. Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 159, § 5; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-573; Acts 1981, ch. 264, § 12.
Tolerable standards for establishing adequacy of existing routes shall be those of the department used in highway planning, based on estimated traffic in 1975, and adequacy shall be determined by the department.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 159, § 5; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-573; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-11-306 — TN Code / Title 54 / Chapter 11 / Section 54-11-306
Free ferries and ferry roads on navigable rivers
Status: in_force

(a) The county legislative body has the power to make appropriations of money for the establishment of ferries and ferry roads on any of the navigable streams of this state, and also for the construction of all proper and necessary roads, leading across the river bottom lands, and up and down the river banks to the ferries. (b) When the ferries and ferry roads are established, they may be declared by the legislative body free to the general public or to the citizens of the county or counties in which they are located. Acts 1901, ch. 30, § 1; Shan., § 1720a1; Code 1932, § 3040; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1206.
(a) The county legislative body has the power to make appropriations of money for the establishment of ferries and ferry roads on any of the navigable streams of this state, and also for the construction of all proper and necessary roads, leading across the river bottom lands, and up and down the river banks to the ferries.
(b) When the ferries and ferry roads are established, they may be declared by the legislative body free to the general public or to the citizens of the county or counties in which they are located.
Acts 1901, ch. 30, § 1; Shan., § 1720a1; Code 1932, § 3040; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1206.
Tenn. Code Ann. § 54-20-108 — TN Code / Title 54 / Chapter 20 / Section 54-20-108
Nuisance - Injunction
Status: in_force

(a) The department may apply to any court in the county in which the junkyards are located for an injunction to abate the nuisance. (b) The district attorneys general are authorized to assist the department in the enforcement of this part. Acts 1967, ch. 304, § 8; 1971, ch. 369, §§ 1, 4; T.C.A., § 54-2308; Acts 1981, ch. 432, § 6.
(a) The department may apply to any court in the county in which the junkyards are located for an injunction to abate the nuisance.
(b) The district attorneys general are authorized to assist the department in the enforcement of this part.
Acts 1967, ch. 304, § 8; 1971, ch. 369, §§ 1, 4; T.C.A., § 54-2308; Acts 1981, ch. 432, § 6.
Tenn. Code Ann. § 54-5-1110 — TN Code / Title 54 / Chapter 5 / Section 54-5-1110
Businesses qualified prior to July 1, 2001 - Competitive selection process
Status: in_force

(a) Those food service businesses qualified under this program as of July 1, 2001, and that continue thereafter to be qualified and pay all fees required, shall not be replaced by any business that becomes qualified after July 1, 2001. (b) Notwithstanding subsection (a), if the department elects to award advertising space based on a competitive selection process, the food service businesses qualified under the program as of July 1, 2001, will need to compete in such a competitive selection process and may be replaced by any business that submits a more competitive proposal under such a process. Amended by 2013 Tenn. Acts, ch. 471,s 4, eff. 5/20/2013. Acts 2001, ch. 217, § 1.
(a) Those food service businesses qualified under this program as of July 1, 2001, and that continue thereafter to be qualified and pay all fees required, shall not be replaced by any business that becomes qualified after July 1, 2001.
(b) Notwithstanding subsection (a), if the department elects to award advertising space based on a competitive selection process, the food service businesses qualified under the program as of July 1, 2001, will need to compete in such a competitive selection process and may be replaced by any business that submits a more competitive proposal under such a process.
Amended by 2013 Tenn. Acts, ch. 471,s 4, eff. 5/20/2013.
Acts 2001, ch. 217, § 1.
Tenn. Code Ann. § 54-7-207 — TN Code / Title 54 / Chapter 7 / Section 54-7-207
Offense of damaging county highways structures
Status: in_force

(a) (1) As used in this subsection (a), "county highway structure" includes any county highway, highway facility, building, bridge, overpass, tunnel, barricade, fence, wall, traffic control device, right-of-way, sign or marker of any nature whatsoever erected upon or maintained within or adjacent to a county highway or the county highway right-of-way. (2) It is an offense for any person who is not authorized to construct or repair a county highway structure to knowingly carve upon, write, paint or otherwise mark upon, deface, rearrange, or alter any county highway structure. (3) It is an offense for any person who is not authorized to construct or repair a county highway structure to knowingly, in any manner, destroy, damage, knock down, mutilate, mar, steal or remove any county highway structure. (4) A violation of subdivision (a)(2) or (a)(3) is a Class A misdemeanor. (5) In addition to any criminal penalty provided by law for a violation of subdivision (a)(2) or (a)(3), there is created a separate civil cause of action for the cost of any damage resulting from such prohibited action. (6) There is created a civil cause of action for the cost of any damage done whenever a person negligently damages any county highway structure. (7) Criminal actions prosecuted pursuant to this subsection (a) shall be brought by the district attorney general of the judicial district in which the damage occurred. Civil actions instituted pursuant to this subsection (a) shall be brought by the county attorney or an attorney employed by the chief administrative officer of the county highway department. (b) (1) Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for a violation of this section shall receive a reward of two hundred fifty dollars ($250). The county where the conviction occurs shall provide the reward money from the proceeds of the fines collected under this section. (2) The proceeds from the fines imposed for violations of this section shall be collected by the respective court clerks and then deposited in a dedicated county fund. The fund shall not revert to the county general fund at the end of a fiscal year but shall remain for the vandalism enforcement rewards established in subdivision (b)(1). (3) Each county shall expend the funds generated by the fines provided for in this section by appropriation for the vandalism enforcement rewards. Excess funds, if any, may be expended for litter control programs on adoption of an appropriate resolution by the county legislative body. (c) Notwithstanding any law to the contrary, this section shall apply to all counties. Added by 2013 Tenn. Acts, ch. 472,s 4, eff. 7/1/2013.
(a) (1) As used in this subsection (a), "county highway structure" includes any county highway, highway facility, building, bridge, overpass, tunnel, barricade, fence, wall, traffic control device, right-of-way, sign or marker of any nature whatsoever erected upon or maintained within or adjacent to a county highway or the county highway right-of-way. (2) It is an offense for any person who is not authorized to construct or repair a county highway structure to knowingly carve upon, write, paint or otherwise mark upon, deface, rearrange, or alter any county highway structure. (3) It is an offense for any person who is not authorized to construct or repair a county highway structure to knowingly, in any manner, destroy, damage, knock down, mutilate, mar, steal or remove any county highway structure. (4) A violation of subdivision (a)(2) or (a)(3) is a Class A misdemeanor. (5) In addition to any criminal penalty provided by law for a violation of subdivision (a)(2) or (a)(3), there is created a separate civil cause of action for the cost of any damage resulting from such prohibited action. (6) There is created a civil cause of action for the cost of any damage done whenever a person negligently damages any county highway structure. (7) Criminal actions prosecuted pursuant to this subsection (a) shall be brought by the district attorney general of the judicial district in which the damage occurred. Civil actions instituted pursuant to this subsection (a) shall be brought by the county attorney or an attorney employed by the chief administrative officer of the county highway department.
(1) As used in this subsection (a), "county highway structure" includes any county highway, highway facility, building, bridge, overpass, tunnel, barricade, fence, wall, traffic control device, right-of-way, sign or marker of any nature whatsoever erected upon or maintained within or adjacent to a county highway or the county highway right-of-way.
(2) It is an offense for any person who is not authorized to construct or repair a county highway structure to knowingly carve upon, write, paint or otherwise mark upon, deface, rearrange, or alter any county highway structure.
(3) It is an offense for any person who is not authorized to construct or repair a county highway structure to knowingly, in any manner, destroy, damage, knock down, mutilate, mar, steal or remove any county highway structure.
(4) A violation of subdivision (a)(2) or (a)(3) is a Class A misdemeanor.
(5) In addition to any criminal penalty provided by law for a violation of subdivision (a)(2) or (a)(3), there is created a separate civil cause of action for the cost of any damage resulting from such prohibited action.
(6) There is created a civil cause of action for the cost of any damage done whenever a person negligently damages any county highway structure.
(7) Criminal actions prosecuted pursuant to this subsection (a) shall be brought by the district attorney general of the judicial district in which the damage occurred. Civil actions instituted pursuant to this subsection (a) shall be brought by the county attorney or an attorney employed by the chief administrative officer of the county highway department.
(b) (1) Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for a violation of this section shall receive a reward of two hundred fifty dollars ($250). The county where the conviction occurs shall provide the reward money from the proceeds of the fines collected under this section. (2) The proceeds from the fines imposed for violations of this section shall be collected by the respective court clerks and then deposited in a dedicated county fund. The fund shall not revert to the county general fund at the end of a fiscal year but shall remain for the vandalism enforcement rewards established in subdivision (b)(1). (3) Each county shall expend the funds generated by the fines provided for in this section by appropriation for the vandalism enforcement rewards. Excess funds, if any, may be expended for litter control programs on adoption of an appropriate resolution by the county legislative body.
(1) Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for a violation of this section shall receive a reward of two hundred fifty dollars ($250). The county where the conviction occurs shall provide the reward money from the proceeds of the fines collected under this section.
(2) The proceeds from the fines imposed for violations of this section shall be collected by the respective court clerks and then deposited in a dedicated county fund. The fund shall not revert to the county general fund at the end of a fiscal year but shall remain for the vandalism enforcement rewards established in subdivision (b)(1).
(3) Each county shall expend the funds generated by the fines provided for in this section by appropriation for the vandalism enforcement rewards. Excess funds, if any, may be expended for litter control programs on adoption of an appropriate resolution by the county legislative body.
(c) Notwithstanding any law to the contrary, this section shall apply to all counties.
Added by 2013 Tenn. Acts, ch. 472,s 4, eff. 7/1/2013.
Tenn. Code Ann. § 54-5-802 — TN Code / Title 54 / Chapter 5 / Section 54-5-802
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Betterment" means any upgrading of the facility being relocated that is not attributable to the highway construction and is made solely for the benefit of, and at the election of, the utility; (2) "Commissioner" means the commissioner of transportation; (3) "Cost of relocation" means the entire amount paid by or on behalf of the utility properly attributable to the relocation after deducting from that amount any betterment of the new facility and any salvage value derived from the old facility. The cost of relocation may include, but is not limited to, engineering, removal, and installation costs, but shall not include inspection costs or the cost of any betterment to the utility's facilities; (4) "Department" means the department of transportation; (5) "Public highway" means any highway included on the state highway system or interstate system and any highway, road or street that is owned, maintained, or owned and maintained by a county or municipality, including the right-of-way for the highway, road or street; (6) "Relocation" means the adjustment of a utility facility as the commissioner determines is necessary or appropriate in connection with the construction or reconstruction of a public highway. Relocation includes: (A) Removing and reinstalling the utility facility, including necessary temporary facilities; (B) Moving, rearranging or changing the type of existing facilities; (C) Taking any necessary safety and protective measures; and (D) The construction of a replacement facility that is both functionally equivalent to, but not a betterment of, the existing facility and necessary for continuous operation of the utility service, the project economy or sequence of highway construction; (7) "Salvage value" means the amount received from the sale of utility property that has been removed or, if retained for reuse, the amount at which the recovered material is charged to the utility's accounts; and (8) "Utility" means a privately, publicly or cooperatively owned line, facility or system used, available for use or formerly used to transmit or distribute communications, electricity, gas, liquids, steam, sewerage, or other materials to the public. Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-563; Acts 1981, ch. 264, § 12; 2003, ch. 86, § 1.
As used in this part, unless the context otherwise requires:
(1) "Betterment" means any upgrading of the facility being relocated that is not attributable to the highway construction and is made solely for the benefit of, and at the election of, the utility;
(2) "Commissioner" means the commissioner of transportation;
(3) "Cost of relocation" means the entire amount paid by or on behalf of the utility properly attributable to the relocation after deducting from that amount any betterment of the new facility and any salvage value derived from the old facility. The cost of relocation may include, but is not limited to, engineering, removal, and installation costs, but shall not include inspection costs or the cost of any betterment to the utility's facilities;
(4) "Department" means the department of transportation;
(5) "Public highway" means any highway included on the state highway system or interstate system and any highway, road or street that is owned, maintained, or owned and maintained by a county or municipality, including the right-of-way for the highway, road or street;
(6) "Relocation" means the adjustment of a utility facility as the commissioner determines is necessary or appropriate in connection with the construction or reconstruction of a public highway. Relocation includes: (A) Removing and reinstalling the utility facility, including necessary temporary facilities; (B) Moving, rearranging or changing the type of existing facilities; (C) Taking any necessary safety and protective measures; and (D) The construction of a replacement facility that is both functionally equivalent to, but not a betterment of, the existing facility and necessary for continuous operation of the utility service, the project economy or sequence of highway construction;
(A) Removing and reinstalling the utility facility, including necessary temporary facilities;
(B) Moving, rearranging or changing the type of existing facilities;
(C) Taking any necessary safety and protective measures; and
(D) The construction of a replacement facility that is both functionally equivalent to, but not a betterment of, the existing facility and necessary for continuous operation of the utility service, the project economy or sequence of highway construction;
(7) "Salvage value" means the amount received from the sale of utility property that has been removed or, if retained for reuse, the amount at which the recovered material is charged to the utility's accounts; and
(8) "Utility" means a privately, publicly or cooperatively owned line, facility or system used, available for use or formerly used to transmit or distribute communications, electricity, gas, liquids, steam, sewerage, or other materials to the public.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-563; Acts 1981, ch. 264, § 12; 2003, ch. 86, § 1.
Tenn. Code Ann. § 54-20-105 — TN Code / Title 54 / Chapter 20 / Section 54-20-105
Screening by department of transportation
Status: in_force

Any junkyard lawfully in existence on October 1, 1969, that is within one thousand feet (1,000') of the nearest edge of the right-of-way and visible from the main traveled way of any highway on the interstate or primary system, shall be screened, if feasible, by the department at locations on the highway right-of-way or in areas acquired for those purposes outside the right-of-way, so as not to be visible from the main traveled way of the highways, and the operator shall pay the cost of installation. The commissioner is authorized to seek federal aid funds available for the purpose of screening to help defray the operation cost. Acts 1967, ch. 304, § 5; 1971, ch. 369, §§ 1, 3; T.C.A., § 54-2305; Acts 1981, ch. 432, § 3.
Any junkyard lawfully in existence on October 1, 1969, that is within one thousand feet (1,000') of the nearest edge of the right-of-way and visible from the main traveled way of any highway on the interstate or primary system, shall be screened, if feasible, by the department at locations on the highway right-of-way or in areas acquired for those purposes outside the right-of-way, so as not to be visible from the main traveled way of the highways, and the operator shall pay the cost of installation. The commissioner is authorized to seek federal aid funds available for the purpose of screening to help defray the operation cost.
Acts 1967, ch. 304, § 5; 1971, ch. 369, §§ 1, 3; T.C.A., § 54-2305; Acts 1981, ch. 432, § 3.
Tenn. Code Ann. § 54-12-410 — TN Code / Title 54 / Chapter 12 / Section 54-12-410
Assessment book made by county clerk for entire assessment or annually - Interest on assessments after delinquency
Status: in_force

(a) The assessments provided for by this chapter, and to be collected for the purpose provided in this chapter, shall be entered upon a book to be provided by the county clerk, at the expense of the county, for this purpose, in a similar manner to that in which taxes are entered upon the tax books, the books showing the tract of land, amounts of assessments, etc., and the book, when made out, shall be furnished to the county trustee for collection of assessments so levied. (b) This book shall be called the road improvement assessment book, and shall be made out by the county clerk of the county in which the particular assessment is levied. (c) The book may be made out but once, if practicable, for the entire assessment for the particular improvement project; but if not practicable, then a new assessment book may be made out for a shorter period, or for each year, and furnished to the county trustee. (d) The assessment levied under this chapter shall become due and payable and delinquent, and the assessments shall bear interest at the legal rate after they become delinquent. Acts 1919, ch. 193, § 92; Shan. Supp., § 1682a106; Code 1932, § 2920; modified; T.C.A. (orig. ed.), § 54-1610; impl. am. Acts 1978, ch. 934, §§ 22, 36.
(a) The assessments provided for by this chapter, and to be collected for the purpose provided in this chapter, shall be entered upon a book to be provided by the county clerk, at the expense of the county, for this purpose, in a similar manner to that in which taxes are entered upon the tax books, the books showing the tract of land, amounts of assessments, etc., and the book, when made out, shall be furnished to the county trustee for collection of assessments so levied.
(b) This book shall be called the road improvement assessment book, and shall be made out by the county clerk of the county in which the particular assessment is levied.
(c) The book may be made out but once, if practicable, for the entire assessment for the particular improvement project; but if not practicable, then a new assessment book may be made out for a shorter period, or for each year, and furnished to the county trustee.
(d) The assessment levied under this chapter shall become due and payable and delinquent, and the assessments shall bear interest at the legal rate after they become delinquent.
Acts 1919, ch. 193, § 92; Shan. Supp., § 1682a106; Code 1932, § 2920; modified; T.C.A. (orig. ed.), § 54-1610; impl. am. Acts 1978, ch. 934, §§ 22, 36.
Tenn. Code Ann. § 54-20-102 — TN Code / Title 54 / Chapter 20 / Section 54-20-102
Purpose of part
Status: in_force

(a) For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is declared to be in the public interest to regulate and restrict the establishment, operation and maintenance of junkyards in areas adjacent to the interstate and primary systems within this state. (b) The general assembly finds and declares that junkyards that do not conform to the requirements of this part are public nuisances. Acts 1967, ch. 304, § 2; T.C.A., § 54-2302.
(a) For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is declared to be in the public interest to regulate and restrict the establishment, operation and maintenance of junkyards in areas adjacent to the interstate and primary systems within this state.
(b) The general assembly finds and declares that junkyards that do not conform to the requirements of this part are public nuisances.
Acts 1967, ch. 304, § 2; T.C.A., § 54-2302.
Tenn. Code Ann. § 54-3-101 — TN Code / Title 54 / Chapter 3 / Section 54-3-101
[Repealed]
Status: repealed

Repealed by 2023 Tenn. Acts, ch. 159, s 16, eff. 4/17/2023. Acts 2007 , ch. 597, § 2.
Repealed by 2023 Tenn. Acts, ch. 159, s 16, eff. 4/17/2023.
Acts 2007 , ch. 597, § 2.
Tenn. Code Ann. § 54-16-103 — TN Code / Title 54 / Chapter 16 / Section 54-16-103
Construction and design - Control of traffic
Status: in_force

(a) The highway authorities of the state, counties, cities, and towns are authorized to design any controlled-access facility and to regulate, restrict, or prohibit access to best serve the traffic for which the facility is intended, and their determination of the design shall be final. In this connection, the highway authorities are authorized to divide and separate any controlled-access facility into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations, or by designating the separate roadways by signs, markers, stripes, and other devices. (b) No person shall have any right of ingress or egress to, from or across controlled-access facilities to or from abutting lands, except at designated points at which access may be permitted, upon terms and conditions that may be specified from time to time. Acts 1955, ch. 147, § 3; T.C.A., § 54-2003.
(a) The highway authorities of the state, counties, cities, and towns are authorized to design any controlled-access facility and to regulate, restrict, or prohibit access to best serve the traffic for which the facility is intended, and their determination of the design shall be final. In this connection, the highway authorities are authorized to divide and separate any controlled-access facility into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations, or by designating the separate roadways by signs, markers, stripes, and other devices.
(b) No person shall have any right of ingress or egress to, from or across controlled-access facilities to or from abutting lands, except at designated points at which access may be permitted, upon terms and conditions that may be specified from time to time.
Acts 1955, ch. 147, § 3; T.C.A., § 54-2003.