Tenn. Code Ann. § 69-6-121 — TN Code / Title 69 / Chapter 6 / Section 69-6-121
Certification of results - Issuance of amended charter - Recordation
Status: in_force

(a) The result shall be certified to the Tennessee soil and water conservation commission in accordance with §§ 69-6-106 - 69-6-110. (b) If the vote is favorable, an amended charter shall be issued and shall substantially follow the form prescribed in §§ 69-6-111 and 69-6-112 , but shall show on its face that it is an amended charter, issued in accordance with this section. (c) The amended charter shall become effective after it has been duly recorded in the register's office in every county having lands lying within the district. Amended by 2021 Tenn. Acts, ch. 203, s 31, eff. 4/22/2021. Acts 1955, ch. 112, § 14; T.C.A., § 70-1821; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-121.
(a) The result shall be certified to the Tennessee soil and water conservation commission in accordance with §§ 69-6-106 - 69-6-110.
(b) If the vote is favorable, an amended charter shall be issued and shall substantially follow the form prescribed in §§ 69-6-111 and 69-6-112 , but shall show on its face that it is an amended charter, issued in accordance with this section.
(c) The amended charter shall become effective after it has been duly recorded in the register's office in every county having lands lying within the district.
Amended by 2021 Tenn. Acts, ch. 203, s 31, eff. 4/22/2021.
Acts 1955, ch. 112, § 14; T.C.A., § 70-1821; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-121.
Tenn. Code Ann. § 69-1-109 — TN Code / Title 69 / Chapter 1 / Section 69-1-109
Temporary diversion from sluice
Status: in_force

The water of the sluice may be diverted into the main channel for the immediate passage of a boat for a time not exceeding one half (½) a day, so that the water is returned to the sluice in such manner as not to impair the profitable enjoyment of the mill. Code 1858, § 1307; Shan., § 1817; Code 1932, § 3083; T.C.A. (orig. ed.), § 70-109.
The water of the sluice may be diverted into the main channel for the immediate passage of a boat for a time not exceeding one half (½) a day, so that the water is returned to the sluice in such manner as not to impair the profitable enjoyment of the mill.
Code 1858, § 1307; Shan., § 1817; Code 1932, § 3083; T.C.A. (orig. ed.), § 70-109.
Tenn. Code Ann. § 69-6-125 — TN Code / Title 69 / Chapter 6 / Section 69-6-125
Employment of counsel
Status: in_force

The directors of a watershed district are authorized to employ attorneys to assist in all matters relating to the affairs of the district, including preliminary matters necessary for the establishment of the district. The cost of such legal services shall be an obligation of the district and paid in the same manner as the expenses of the district. Acts 1955, ch. 112, § 17; T.C.A., § 70-1825; T.C.A. § 69-7-125.
The directors of a watershed district are authorized to employ attorneys to assist in all matters relating to the affairs of the district, including preliminary matters necessary for the establishment of the district. The cost of such legal services shall be an obligation of the district and paid in the same manner as the expenses of the district.
Acts 1955, ch. 112, § 17; T.C.A., § 70-1825; T.C.A. § 69-7-125.
Tenn. Code Ann. § 69-5-713 — TN Code / Title 69 / Chapter 5 / Section 69-5-713
Bridges built by county across public highway
Status: in_force

Whenever the making of an improvement across a public highway necessitates the building of a bridge over the highway, the county shall build and construct the same and pay all costs of the bridge out of the county bridge fund, if such a fund is provided, and, if not, out of the general county fund. Acts 1909, ch. 185, § 22; Shan., § 3871a94; Code 1932, § 4322; T.C.A. (orig. ed.), § 70-1219; T.C.A. § 69-6-713.
Whenever the making of an improvement across a public highway necessitates the building of a bridge over the highway, the county shall build and construct the same and pay all costs of the bridge out of the county bridge fund, if such a fund is provided, and, if not, out of the general county fund.
Acts 1909, ch. 185, § 22; Shan., § 3871a94; Code 1932, § 4322; T.C.A. (orig. ed.), § 70-1219; T.C.A. § 69-6-713.
Tenn. Code Ann. § 69-5-717 — TN Code / Title 69 / Chapter 5 / Section 69-5-717
Application by owner to use ditch or drain - Designation of use
Status: in_force

An owner desiring to exercise the right to use the ditch, drain, or watercourse, as an outlet for lateral drain or drains, before doing so, shall make application to the board of directors of the district in which the land is situated, to designate the place and manner in which the lateral shall cross the right-of-way, and empty into the ditch, drain, or watercourse. Upon such application being made, it shall be the duty of the board of directors to investigate the matter and make such designation. It is unlawful for any landowner to make any ditch or lateral, upon and across the right-of-way, and into the main ditch, drain, or watercourse, otherwise than as designated by the board of directors. It is unlawful for any landowner to cut any lateral, ditch, or drain, and stop the same at or near the margin of the right-of-way of the district, so as to empty water into and upon the right-of-way, except by the written consent of the board of directors of the district. Acts 1915, ch. 63, §6; Shan., § 3871a98; Code 1932, § 4326; T.C.A. (orig. ed.), § 70-1223; T.C.A. § 69-6-717.
An owner desiring to exercise the right to use the ditch, drain, or watercourse, as an outlet for lateral drain or drains, before doing so, shall make application to the board of directors of the district in which the land is situated, to designate the place and manner in which the lateral shall cross the right-of-way, and empty into the ditch, drain, or watercourse. Upon such application being made, it shall be the duty of the board of directors to investigate the matter and make such designation. It is unlawful for any landowner to make any ditch or lateral, upon and across the right-of-way, and into the main ditch, drain, or watercourse, otherwise than as designated by the board of directors. It is unlawful for any landowner to cut any lateral, ditch, or drain, and stop the same at or near the margin of the right-of-way of the district, so as to empty water into and upon the right-of-way, except by the written consent of the board of directors of the district.
Acts 1915, ch. 63, §6; Shan., § 3871a98; Code 1932, § 4326; T.C.A. (orig. ed.), § 70-1223; T.C.A. § 69-6-717.
Tenn. Code Ann. § 69-9-306 — TN Code / Title 69 / Chapter 9 / Section 69-9-306
Violations - Penalties
Status: in_force

A violation of this part is a Class C misdemeanor. Acts 1977, ch. 77, § 2; 1977, ch. 132, § 5; T.C.A., § 70-2246; Acts 1989, ch. 591, § 113; T.C.A. § 69-10-306.
A violation of this part is a Class C misdemeanor.
Acts 1977, ch. 77, § 2; 1977, ch. 132, § 5; T.C.A., § 70-2246; Acts 1989, ch. 591, § 113; T.C.A. § 69-10-306.
Tenn. Code Ann. § 69-5-702 — TN Code / Title 69 / Chapter 5 / Section 69-5-702
Notice of work
Status: in_force

Before entering into any contract for improvements, the board of directors of the improvement district shall cause notice to be given once a week for four (4) consecutive weeks in some newspaper published in the county where the improvement is located, and such additional publication elsewhere as it may direct of the time and place of letting the work of construction of the improvement, and in the notice it shall specify the approximate amount of work to be done in each section, and the time fixed for its commencement and completion. Acts 1909, ch. 185, § 19; Shan., § 3871a83; Code 1932, § 4311; T.C.A. (orig. ed.), § 70-1208; T.C.A. § 69-6-702.
Before entering into any contract for improvements, the board of directors of the improvement district shall cause notice to be given once a week for four (4) consecutive weeks in some newspaper published in the county where the improvement is located, and such additional publication elsewhere as it may direct of the time and place of letting the work of construction of the improvement, and in the notice it shall specify the approximate amount of work to be done in each section, and the time fixed for its commencement and completion.
Acts 1909, ch. 185, § 19; Shan., § 3871a83; Code 1932, § 4311; T.C.A. (orig. ed.), § 70-1208; T.C.A. § 69-6-702.
Tenn. Code Ann. § 69-3-140 — TN Code / Title 69 / Chapter 3 / Section 69-3-140
Collection of water samples - Report
Status: in_force

(a) (1) In collecting water samples drawn to test the water quality of the Pigeon River at the time the river enters Tennessee from Haywood County, North Carolina, the department shall draw samples from the river within one quarter (¼) mile of the border separating Tennessee and North Carolina in the center of the river. The samples shall be drawn at a time when any power plant that emits discharges into the Pigeon River and that is located within one (1) mile of the state border is running at least one (1) generator. The samples shall be drawn in addition to collecting samples at any other location the department deems appropriate to test the water quality of the river. (2) The results of water samples drawn pursuant to subdivision (a)(1) shall be reported independently of any other water samples drawn to test the quality of the Pigeon River and shall be incorporated by the department in any analysis of the river's water quality. The samples shall at a minimum be analyzed for apparent and true color in accordance with United States environmental protection agency methods and evaluated against Tennessee water quality standards approved by the United States environmental protection agency. (b) The department is authorized to obtain a generation schedule from the power plant in order to facilitate timing the drawing of samples and may contract with local rafting entities for transportation services related to the taking of samples pursuant to subsection (a). Acts 2008 , ch. 767, § 1.
(a) (1) In collecting water samples drawn to test the water quality of the Pigeon River at the time the river enters Tennessee from Haywood County, North Carolina, the department shall draw samples from the river within one quarter (¼) mile of the border separating Tennessee and North Carolina in the center of the river. The samples shall be drawn at a time when any power plant that emits discharges into the Pigeon River and that is located within one (1) mile of the state border is running at least one (1) generator. The samples shall be drawn in addition to collecting samples at any other location the department deems appropriate to test the water quality of the river. (2) The results of water samples drawn pursuant to subdivision (a)(1) shall be reported independently of any other water samples drawn to test the quality of the Pigeon River and shall be incorporated by the department in any analysis of the river's water quality. The samples shall at a minimum be analyzed for apparent and true color in accordance with United States environmental protection agency methods and evaluated against Tennessee water quality standards approved by the United States environmental protection agency.
(1) In collecting water samples drawn to test the water quality of the Pigeon River at the time the river enters Tennessee from Haywood County, North Carolina, the department shall draw samples from the river within one quarter (¼) mile of the border separating Tennessee and North Carolina in the center of the river. The samples shall be drawn at a time when any power plant that emits discharges into the Pigeon River and that is located within one (1) mile of the state border is running at least one (1) generator. The samples shall be drawn in addition to collecting samples at any other location the department deems appropriate to test the water quality of the river.
(2) The results of water samples drawn pursuant to subdivision (a)(1) shall be reported independently of any other water samples drawn to test the quality of the Pigeon River and shall be incorporated by the department in any analysis of the river's water quality. The samples shall at a minimum be analyzed for apparent and true color in accordance with United States environmental protection agency methods and evaluated against Tennessee water quality standards approved by the United States environmental protection agency.
(b) The department is authorized to obtain a generation schedule from the power plant in order to facilitate timing the drawing of samples and may contract with local rafting entities for transportation services related to the taking of samples pursuant to subsection (a).
Acts 2008 , ch. 767, § 1.
Tenn. Code Ann. § 69-10-105 — TN Code / Title 69 / Chapter 10 / Section 69-10-105
Suspension and revocation of well drilling or installer's licenses
Status: in_force

(a) A license or operator card may be refused, or a license or operator card duly issued may be suspended or revoked, or the renewal of the license or operator card refused by the commissioner, upon a finding that the applicant or holder: (1) Intentionally made a material misstatement in the application for the license; (2) Willfully violated any provision of this chapter or any rule or regulation promulgated pursuant to this chapter; (3) Obtained, or attempted to obtain, the license by fraud or misrepresentation; (4) Been guilty of fraudulent or dishonest practices; (5) Demonstrated lack of competence as a driller of wells or as an installer; (6) Has failed to comply with an order or assessment issued by the commissioner; or (7) Has been convicted of a felony for the commission of an offense that bears directly on the fitness of the applicant or holder to practice competently, as determined by the commissioner. (b) All actions pursuant to this section shall be conducted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) No licensee whose license has been revoked under this section is entitled to file another application for a license as a well driller or as an installer within one (1) year from the effective date of such revocation, or, if judicial review of such revocation is sought, within one (1) year from the date of the final court order or decree affirming such revocation. Such application, when filed, may be refused by the commissioner, unless the applicant shows good cause why revocation of the license shall not be deemed a bar to the issuance of a new license. Amended by 2016 Tenn. Acts, ch. 719, s 10, eff. 4/6/2016. Acts 1963, ch. 325, § 5; 1982, ch. 653, § 3; T.C.A., § 70-2305; Acts 1984, ch. 784, §4; 1986, ch. 611, § 3; 2002, ch. 800, §§ 11, 16, 17; T.C.A. § 69-11-105 .
(a) A license or operator card may be refused, or a license or operator card duly issued may be suspended or revoked, or the renewal of the license or operator card refused by the commissioner, upon a finding that the applicant or holder: (1) Intentionally made a material misstatement in the application for the license; (2) Willfully violated any provision of this chapter or any rule or regulation promulgated pursuant to this chapter; (3) Obtained, or attempted to obtain, the license by fraud or misrepresentation; (4) Been guilty of fraudulent or dishonest practices; (5) Demonstrated lack of competence as a driller of wells or as an installer; (6) Has failed to comply with an order or assessment issued by the commissioner; or (7) Has been convicted of a felony for the commission of an offense that bears directly on the fitness of the applicant or holder to practice competently, as determined by the commissioner.
(1) Intentionally made a material misstatement in the application for the license;
(2) Willfully violated any provision of this chapter or any rule or regulation promulgated pursuant to this chapter;
(3) Obtained, or attempted to obtain, the license by fraud or misrepresentation;
(4) Been guilty of fraudulent or dishonest practices;
(5) Demonstrated lack of competence as a driller of wells or as an installer;
(6) Has failed to comply with an order or assessment issued by the commissioner; or
(7) Has been convicted of a felony for the commission of an offense that bears directly on the fitness of the applicant or holder to practice competently, as determined by the commissioner.
(b) All actions pursuant to this section shall be conducted pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) No licensee whose license has been revoked under this section is entitled to file another application for a license as a well driller or as an installer within one (1) year from the effective date of such revocation, or, if judicial review of such revocation is sought, within one (1) year from the date of the final court order or decree affirming such revocation. Such application, when filed, may be refused by the commissioner, unless the applicant shows good cause why revocation of the license shall not be deemed a bar to the issuance of a new license.
Amended by 2016 Tenn. Acts, ch. 719, s 10, eff. 4/6/2016.
Acts 1963, ch. 325, § 5; 1982, ch. 653, § 3; T.C.A., § 70-2305; Acts 1984, ch. 784, §4; 1986, ch. 611, § 3; 2002, ch. 800, §§ 11, 16, 17; T.C.A. § 69-11-105 .
Tenn. Code Ann. § 69-6-146 — TN Code / Title 69 / Chapter 6 / Section 69-6-146
Right of entry on private property
Status: in_force

The board of directors, its representatives and employees, including engineers and contractors and their employees, have the right and authority to enter upon private lands within or without the boundaries of the district for the purpose of conducting tests, surveys and other work incidental to the preparation of plans, maps, profiles and reports in connection with any work or proposed work of the district, and the district shall be liable for any damages caused by such entry. Acts 1955, ch. 112, § 30; T.C.A., § 70-1846; T.C.A. § 69-7-146.
The board of directors, its representatives and employees, including engineers and contractors and their employees, have the right and authority to enter upon private lands within or without the boundaries of the district for the purpose of conducting tests, surveys and other work incidental to the preparation of plans, maps, profiles and reports in connection with any work or proposed work of the district, and the district shall be liable for any damages caused by such entry.
Acts 1955, ch. 112, § 30; T.C.A., § 70-1846; T.C.A. § 69-7-146.
Tenn. Code Ann. § 69-5-403 — TN Code / Title 69 / Chapter 5 / Section 69-5-403
Mistake in acres - Appeal
Status: in_force

From a decree correcting a mistake in the number of acres, either side may appeal upon the same terms and conditions and to the same courts as provided for appeal from the decree on commissioners' reports fixing the acres assessed to each owner. Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b3; Code 1932, § 4271; T.C.A. (orig. ed.), § 70-1003; T.C.A. § 69-6-403.
From a decree correcting a mistake in the number of acres, either side may appeal upon the same terms and conditions and to the same courts as provided for appeal from the decree on commissioners' reports fixing the acres assessed to each owner.
Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b3; Code 1932, § 4271; T.C.A. (orig. ed.), § 70-1003; T.C.A. § 69-6-403.
Tenn. Code Ann. § 69-5-827 — TN Code / Title 69 / Chapter 5 / Section 69-5-827
Sales for cash subject to redemption - Time and terms of redemption - Title and possession
Status: in_force

When any sale pursuant to the preceding sections has been made by decree of the chancery court, it shall be made for cash, and the owners of lands so sold shall have two (2) years from the date of the confirmation of such sale in which to redeem the same by paying to the clerk and master of such court making the sale the amount paid by the purchaser of the land, with legal interest on the amount paid, to the date of redemption, and also a further sum equal to ten percent (10%) of the amount so paid by the purchaser for the land; provided, that if the owner elects to, and does, within twelve (12) months after such confirmation of sale, pay into the hands of the clerk and master one fifth (1/5) of the amount paid by the purchaser for the land together with one fifth (1/5) of the penalty of ten percent (10%) and interest as above provided, and thereafter pays one fifth (1/5) of such amounts annually, the owner's equity of redemption shall not expire until five (5) years from the date of the confirmation of sale, and no writ of possession shall issue as long as the payments are being made, and the owner shall enjoy the rents and profits. If the amount of the purchase price of the land, together with the penalty of ten percent (10%) and interest at the legal rate, be paid within five (5) years in the manner above provided, the decree of confirmation shall be of no effect, and the title to the land shall be divested out of the purchaser and vested in the owner and the owner's heirs and assigns; provided, that the original owner shall have possession for agricultural, and all other purposes, except the removal of timber, during the time allowed for redemption; and provided further, that all decrees of confirmation entered after April 9, 1929, regardless of when the sale has been had or may be had, shall be made subject to these rights of redemption and of possession, and shall recite the same in the decree. But any purchaser at a sale made previous to April 9, 1929, may, on application to the court, be released from the bid. Acts 1909, ch. 185, § 33; Shan., § 3871a130; Acts 1929, ch. 73, § 1; mod. Code 1932, § 4362; T.C.A. (orig. ed.), § 70-1331; T.C.A. § 69-6-827.
When any sale pursuant to the preceding sections has been made by decree of the chancery court, it shall be made for cash, and the owners of lands so sold shall have two (2) years from the date of the confirmation of such sale in which to redeem the same by paying to the clerk and master of such court making the sale the amount paid by the purchaser of the land, with legal interest on the amount paid, to the date of redemption, and also a further sum equal to ten percent (10%) of the amount so paid by the purchaser for the land; provided, that if the owner elects to, and does, within twelve (12) months after such confirmation of sale, pay into the hands of the clerk and master one fifth (1/5) of the amount paid by the purchaser for the land together with one fifth (1/5) of the penalty of ten percent (10%) and interest as above provided, and thereafter pays one fifth (1/5) of such amounts annually, the owner's equity of redemption shall not expire until five (5) years from the date of the confirmation of sale, and no writ of possession shall issue as long as the payments are being made, and the owner shall enjoy the rents and profits. If the amount of the purchase price of the land, together with the penalty of ten percent (10%) and interest at the legal rate, be paid within five (5) years in the manner above provided, the decree of confirmation shall be of no effect, and the title to the land shall be divested out of the purchaser and vested in the owner and the owner's heirs and assigns; provided, that the original owner shall have possession for agricultural, and all other purposes, except the removal of timber, during the time allowed for redemption; and provided further, that all decrees of confirmation entered after April 9, 1929, regardless of when the sale has been had or may be had, shall be made subject to these rights of redemption and of possession, and shall recite the same in the decree. But any purchaser at a sale made previous to April 9, 1929, may, on application to the court, be released from the bid.
Acts 1909, ch. 185, § 33; Shan., § 3871a130; Acts 1929, ch. 73, § 1; mod. Code 1932, § 4362; T.C.A. (orig. ed.), § 70-1331; T.C.A. § 69-6-827.
Tenn. Code Ann. § 69-5-106 — TN Code / Title 69 / Chapter 5 / Section 69-5-106
Petitioners' committee
Status: in_force

The petitioners are authorized to select from their number a committee of three (3) or five (5), as they shall deem expedient, which committee shall act for the petitioners in all such preliminary matters as their services may be needed in having the district established, and which committee shall have the power to bind the petitioners in all preliminary matters looking to the establishment of the district. This committee shall elect out of its members such officers as it deems necessary, and shall keep a record of the committee's proceedings. The members of this committee shall receive for service such compensation as shall be fixed by the county court, which shall be paid out of the funds of the district when established in the same way as is provided for the payments of other just charges against the district. Acts 1913 (1st Ex. Sess.), ch. 25, § 13; Shan., § 3871a142; Code 1932, §4377; T.C.A. (orig. ed.), § 70-706; ; T.C.A. § 69-6-106 .
The petitioners are authorized to select from their number a committee of three (3) or five (5), as they shall deem expedient, which committee shall act for the petitioners in all such preliminary matters as their services may be needed in having the district established, and which committee shall have the power to bind the petitioners in all preliminary matters looking to the establishment of the district. This committee shall elect out of its members such officers as it deems necessary, and shall keep a record of the committee's proceedings. The members of this committee shall receive for service such compensation as shall be fixed by the county court, which shall be paid out of the funds of the district when established in the same way as is provided for the payments of other just charges against the district.
Acts 1913 (1st Ex. Sess.), ch. 25, § 13; Shan., § 3871a142; Code 1932, §4377; T.C.A. (orig. ed.), § 70-706; ; T.C.A. § 69-6-106 .
Tenn. Code Ann. § 69-3-204 — TN Code / Title 69 / Chapter 3 / Section 69-3-204
Analysis of samples
Status: in_force

Samples collected pursuant to this part shall each be analyzed for pH, ammonia, and biological oxygen demand (BOD) in accordance with the guidelines set forth by the environmental protection agency. Acts 1998, ch. 623, §1; T.C.A. § 69-3-304.
Samples collected pursuant to this part shall each be analyzed for pH, ammonia, and biological oxygen demand (BOD) in accordance with the guidelines set forth by the environmental protection agency.
Acts 1998, ch. 623, §1; T.C.A. § 69-3-304.
Tenn. Code Ann. § 69-1-104 — TN Code / Title 69 / Chapter 1 / Section 69-1-104
Working on streams as public roads
Status: in_force

When any watercourse is laid off into districts, hands shall be apportioned, the necessary instruments furnished, and the watercourse cleared out, obstructions removed, and the stream kept in good order by the overseer, under the same regulations and penalties in regard to overseers and hands as in the case of public roads. Code 1858, § 1302 (deriv. Acts 1784 (Oct.), ch. 14, § 16); Shan., § 1811; Code 1932, § 3077; T.C.A. (orig. ed.), § 70-104.
When any watercourse is laid off into districts, hands shall be apportioned, the necessary instruments furnished, and the watercourse cleared out, obstructions removed, and the stream kept in good order by the overseer, under the same regulations and penalties in regard to overseers and hands as in the case of public roads.
Code 1858, § 1302 (deriv. Acts 1784 (Oct.), ch. 14, § 16); Shan., § 1811; Code 1932, § 3077; T.C.A. (orig. ed.), § 70-104.
Tenn. Code Ann. § 69-5-1104 — TN Code / Title 69 / Chapter 5 / Section 69-5-1104
Assessments
Status: in_force

The assessments levied on the lands shall be made in and by the court where the petition was filed and the proceeding is pending, as provided in part 8 of this chapter as to assessments where the district is wholly in one (1) county, such assessments to be made on the lands in all of the counties included within the district. The clerk of the county in which the petition is filed and the proceeding pending shall make out the drainage assessment book in which the assessment for the entire district appears. The clerk shall then copy so much of the drainage assessment book as contains the assessment of lands in any other county than that where the petition was filed and proceeding is pending, certify under seal that it is a correct copy of that portion, or part of such book, and transmit or deliver it, to the trustee of such other county, taking a clerk's receipt for the copy. Acts 1915, ch. 61, §3; Shan., § 3871a164; Code 1932, §4400; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1509; T.C.A. § 69-6-1104.
The assessments levied on the lands shall be made in and by the court where the petition was filed and the proceeding is pending, as provided in part 8 of this chapter as to assessments where the district is wholly in one (1) county, such assessments to be made on the lands in all of the counties included within the district. The clerk of the county in which the petition is filed and the proceeding pending shall make out the drainage assessment book in which the assessment for the entire district appears. The clerk shall then copy so much of the drainage assessment book as contains the assessment of lands in any other county than that where the petition was filed and proceeding is pending, certify under seal that it is a correct copy of that portion, or part of such book, and transmit or deliver it, to the trustee of such other county, taking a clerk's receipt for the copy.
Acts 1915, ch. 61, §3; Shan., § 3871a164; Code 1932, §4400; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1509; T.C.A. § 69-6-1104.
Tenn. Code Ann. § 69-5-145 — TN Code / Title 69 / Chapter 5 / Section 69-5-145
Abolishment of drainage districts - Separate account for district funds
Status: in_force

(a) Any drainage district created pursuant to this chapter may be abolished by resolution of the county legislative body at any time the district has completed the projects for which such district was created. Any funds of the district necessary to fund the obligations of the district, to maintain such projects or to pay any indebtedness incurred pursuant to this chapter or otherwise shall be placed in a separate account by the county and shall remain in such account until expended to pay such maintenance, obligations or indebtedness. Any other funds remaining in the accounts of the district shall be transferred to the county general fund to be appropriated by the county legislative body. (b) This section applies to all drainage districts created prior to or after April 22, 1997, pursuant to this chapter or any other public or private act. Acts 1997, ch. 110, §§ 1, 2; T.C.A. § 69-6-145 .
(a) Any drainage district created pursuant to this chapter may be abolished by resolution of the county legislative body at any time the district has completed the projects for which such district was created. Any funds of the district necessary to fund the obligations of the district, to maintain such projects or to pay any indebtedness incurred pursuant to this chapter or otherwise shall be placed in a separate account by the county and shall remain in such account until expended to pay such maintenance, obligations or indebtedness. Any other funds remaining in the accounts of the district shall be transferred to the county general fund to be appropriated by the county legislative body.
(b) This section applies to all drainage districts created prior to or after April 22, 1997, pursuant to this chapter or any other public or private act.
Acts 1997, ch. 110, §§ 1, 2; T.C.A. § 69-6-145 .
Tenn. Code Ann. § 69-5-103 — TN Code / Title 69 / Chapter 5 / Section 69-5-103
Petition for establishment of district - Bond for preliminary expenses
Status: in_force

Before any county court establishes a drainage or levee district, or any levee, ditch, drain, or watercourse improvement, as provided for in this chapter, a petition, signed as prescribed in § 69-5-104 , shall be filed in the office of the county clerk of the county in which the improvement is expected to be made, setting forth that any body or district of land in such county, described by metes and bounds or otherwise, so as to convey an intelligible description of such lands, is subject to overflow, or too wet for profitable cultivation, and that the public health or welfare will be promoted by draining, ditching, or leveeing it, or by changing a natural watercourse, or by in part changing such watercourse by cutting across its bends and shortening its length, or by cleaning out its natural bed or deepening or enlarging such bed, or by giving such watercourse a new outlet, or any or all of these and similar things pertaining to the proposed improvement, and setting forth in the petition as near as may be the starting point, route, and terminus, and lateral branches, if with proper prayer for purpose desired; and there shall be filed with the petition a bond, with good security, in such penal sum as the clerk may deem adequate, to be approved by the clerk, and conditioned for the payment of all preliminary expenses until refunded, and of all costs and expenses incurred in the proceedings in case the county court does not grant the prayer of the petition, or the petition is dismissed for any cause. The county court may at any time deemed proper order the bond increased in penalty or in sufficiency, and make all necessary orders to this end. Acts 1909, ch. 185, §2; Shan., § 3871a9; Code 1932, §4218; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-703; T.C.A. § 69-6-103 .
Before any county court establishes a drainage or levee district, or any levee, ditch, drain, or watercourse improvement, as provided for in this chapter, a petition, signed as prescribed in § 69-5-104 , shall be filed in the office of the county clerk of the county in which the improvement is expected to be made, setting forth that any body or district of land in such county, described by metes and bounds or otherwise, so as to convey an intelligible description of such lands, is subject to overflow, or too wet for profitable cultivation, and that the public health or welfare will be promoted by draining, ditching, or leveeing it, or by changing a natural watercourse, or by in part changing such watercourse by cutting across its bends and shortening its length, or by cleaning out its natural bed or deepening or enlarging such bed, or by giving such watercourse a new outlet, or any or all of these and similar things pertaining to the proposed improvement, and setting forth in the petition as near as may be the starting point, route, and terminus, and lateral branches, if with proper prayer for purpose desired; and there shall be filed with the petition a bond, with good security, in such penal sum as the clerk may deem adequate, to be approved by the clerk, and conditioned for the payment of all preliminary expenses until refunded, and of all costs and expenses incurred in the proceedings in case the county court does not grant the prayer of the petition, or the petition is dismissed for any cause. The county court may at any time deemed proper order the bond increased in penalty or in sufficiency, and make all necessary orders to this end.
Acts 1909, ch. 185, §2; Shan., § 3871a9; Code 1932, §4218; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-703; T.C.A. § 69-6-103 .
Tenn. Code Ann. § 69-5-305 — TN Code / Title 69 / Chapter 5 / Section 69-5-305
Scale and classification as basis of assessment
Status: in_force

In making the apportionment and assessment provided for in § 69-5-304 , the lands receiving the greatest benefit shall be marked on scale of one hundred (100), and those benefited in a lesser degree shall be marked with such percentage of one hundred (100) as the benefit received bears in proportion to the scale of one hundred (100). This classification, when finally established, shall remain as a basis for all future assessments connected with the objects of the drainage or levee district, unless the county court, for good cause, shall authorize a revision of the classification. Acts 1909, ch. 185, § 11; Shan., § 3871a55; Code 1932, § 4283; T.C.A. (orig. ed.), § 70-905; T.C.A. § 69-6-305.
In making the apportionment and assessment provided for in § 69-5-304 , the lands receiving the greatest benefit shall be marked on scale of one hundred (100), and those benefited in a lesser degree shall be marked with such percentage of one hundred (100) as the benefit received bears in proportion to the scale of one hundred (100). This classification, when finally established, shall remain as a basis for all future assessments connected with the objects of the drainage or levee district, unless the county court, for good cause, shall authorize a revision of the classification.
Acts 1909, ch. 185, § 11; Shan., § 3871a55; Code 1932, § 4283; T.C.A. (orig. ed.), § 70-905; T.C.A. § 69-6-305.
Tenn. Code Ann. § 69-5-904 — TN Code / Title 69 / Chapter 5 / Section 69-5-904
Bonds a charge on land in district only
Status: in_force

Each bond shall show expressly upon its face that it is to be paid only by assessments levied and collected on the lands within the district so designated and numbered, and for the benefit of which district such bond is issued. No assessment shall be levied or collected for the payment of such bond or bonds, or the interest on the bond or bonds, on any property, real or personal, outside the district so numbered, designated, and benefited. Acts 1909, ch. 185, § 27; Shan., § 3871a110; Code 1932, § 4338; T.C.A. (orig. ed.), § 70-1404; T.C.A. § 69-6-904.
Each bond shall show expressly upon its face that it is to be paid only by assessments levied and collected on the lands within the district so designated and numbered, and for the benefit of which district such bond is issued. No assessment shall be levied or collected for the payment of such bond or bonds, or the interest on the bond or bonds, on any property, real or personal, outside the district so numbered, designated, and benefited.
Acts 1909, ch. 185, § 27; Shan., § 3871a110; Code 1932, § 4338; T.C.A. (orig. ed.), § 70-1404; T.C.A. § 69-6-904.
Tenn. Code Ann. § 69-9-508 — TN Code / Title 69 / Chapter 9 / Section 69-9-508
Watercraft owner not to violate this part - Exceptions to this part
Status: in_force

(a) It is unlawful for the owner of any personal watercraft or any person having charge of or control of a personal watercraft to authorize or knowingly permit these to be operated on the waters of this state by a person in violation of this part. (b) This part does not apply to a performer engaged in professional exhibition or a person participating in a regatta, race, marine parade, tournament, or exhibition, and any rules and regulations issued by the commission. Acts 1996, ch. 808, §1; T.C.A. § 69-10-508.
(a) It is unlawful for the owner of any personal watercraft or any person having charge of or control of a personal watercraft to authorize or knowingly permit these to be operated on the waters of this state by a person in violation of this part.
(b) This part does not apply to a performer engaged in professional exhibition or a person participating in a regatta, race, marine parade, tournament, or exhibition, and any rules and regulations issued by the commission.
Acts 1996, ch. 808, §1; T.C.A. § 69-10-508.
Tenn. Code Ann. § 69-5-913 — TN Code / Title 69 / Chapter 5 / Section 69-5-913
Cancellation of bonds given to pay assessments - Interest coupons - Suits to collect taxes
Status: in_force

(a) Upon receipt of such coupons or bonds, or both, it is the duty of the county trustee to cancel them as now provided by law and to provide a record of such cancellation. If bonds tendered for payment contain interest coupons falling due beyond the date of maturity of the assessments that it is proposed to pay, then and in that event the county trustee shall not be required to receive such interest coupons in payment of these taxes. This does not apply, however, where both the assessment and coupons are past due; in this case, any past due coupons can be used to pay any or all assessments regardless of their due date. (b) Sections 69-5-911 - 69-5-914 do not apply where suits have been brought to collect taxes that are delinquent unless and until the costs and attorney's fees, if any, are paid into court or any other office where the case or cases are pending; such collection made with coupons or bonds, or both, must in turn be accepted by the county trustee in full settlement of the tax paid. Acts 1933, ch. 132, § 3; C. Supp. 1950, § 4292.3; T.C.A. (orig. ed.), § 70-1413; T.C.A. § 69-6-913.
(a) Upon receipt of such coupons or bonds, or both, it is the duty of the county trustee to cancel them as now provided by law and to provide a record of such cancellation. If bonds tendered for payment contain interest coupons falling due beyond the date of maturity of the assessments that it is proposed to pay, then and in that event the county trustee shall not be required to receive such interest coupons in payment of these taxes. This does not apply, however, where both the assessment and coupons are past due; in this case, any past due coupons can be used to pay any or all assessments regardless of their due date.
(b) Sections 69-5-911 - 69-5-914 do not apply where suits have been brought to collect taxes that are delinquent unless and until the costs and attorney's fees, if any, are paid into court or any other office where the case or cases are pending; such collection made with coupons or bonds, or both, must in turn be accepted by the county trustee in full settlement of the tax paid.
Acts 1933, ch. 132, § 3; C. Supp. 1950, § 4292.3; T.C.A. (orig. ed.), § 70-1413; T.C.A. § 69-6-913.
Tenn. Code Ann. § 69-5-1201 — TN Code / Title 69 / Chapter 5 / Section 69-5-1201
General provisions
Status: in_force

(a) Any person, who owns lands within any drainage district, and who desires to establish a subdistrict within the limits of the original district for the purpose of securing more complete drainage, may file a petition with the county clerk, asking the county court to establish such subdistrict, and describing the lands to be affected by the subdistrict so as to convey an intelligible description of such lands. The bond and all other proceedings shall be the same as provided in parts 1-11 of this chapter for the establishment, formation, and construction of original districts and improvements of districts, including the assessment of damages and assessment of benefits. (b) When established and constructed, it shall be and become a part of the drainage system of such drainage district, and be under the control and supervision of the board of directors of such drainage district. (c) The subdistrict shall only be established when conducive to the public health or welfare, or to the public benefit or utility. (d) Any special assessments made for the benefit of such subdistrict shall be secondary in lien and in right to the assessments for the benefit of the original district. Acts 1909, ch. 185, § 26; Shan., § 3871a106; Code 1932, § 4334; T.C.A. (orig. ed.), § 70-1601; T.C.A. § 69-6-1201.
(a) Any person, who owns lands within any drainage district, and who desires to establish a subdistrict within the limits of the original district for the purpose of securing more complete drainage, may file a petition with the county clerk, asking the county court to establish such subdistrict, and describing the lands to be affected by the subdistrict so as to convey an intelligible description of such lands. The bond and all other proceedings shall be the same as provided in parts 1-11 of this chapter for the establishment, formation, and construction of original districts and improvements of districts, including the assessment of damages and assessment of benefits.
(b) When established and constructed, it shall be and become a part of the drainage system of such drainage district, and be under the control and supervision of the board of directors of such drainage district.
(c) The subdistrict shall only be established when conducive to the public health or welfare, or to the public benefit or utility.
(d) Any special assessments made for the benefit of such subdistrict shall be secondary in lien and in right to the assessments for the benefit of the original district.
Acts 1909, ch. 185, § 26; Shan., § 3871a106; Code 1932, § 4334; T.C.A. (orig. ed.), § 70-1601; T.C.A. § 69-6-1201.
Tenn. Code Ann. § 69-5-706 — TN Code / Title 69 / Chapter 5 / Section 69-5-706
Forfeiture of deposit and action for breach of contract
Status: in_force

If any person to whom the work, or any portion of the work, in an improvement district has been let fails to perform the work according to the terms specified in the contract, then the cash deposited by the person shall be forfeited for the benefit of such district and be paid into its fund; or if bond has been given by the contracting party so failing, then recovery of the damages sustained may be had by suit in the name of the payee in such bond for the use of the district, and the damage on judgment for the damages collected and paid into the fund of the district. Acts 1909, ch. 185, § 37; Shan., § 3871a145; Code 1932, § 4380; T.C.A. (orig. ed.), § 70-1212; T.C.A. § 69-6-706.
If any person to whom the work, or any portion of the work, in an improvement district has been let fails to perform the work according to the terms specified in the contract, then the cash deposited by the person shall be forfeited for the benefit of such district and be paid into its fund; or if bond has been given by the contracting party so failing, then recovery of the damages sustained may be had by suit in the name of the payee in such bond for the use of the district, and the damage on judgment for the damages collected and paid into the fund of the district.
Acts 1909, ch. 185, § 37; Shan., § 3871a145; Code 1932, § 4380; T.C.A. (orig. ed.), § 70-1212; T.C.A. § 69-6-706.
Tenn. Code Ann. § 69-5-130 — TN Code / Title 69 / Chapter 5 / Section 69-5-130
Special assessments - Bonds of county trustee and county clerk - Procedure not to delay other proceedings
Status: in_force

The county trustee, or trustees, before receiving the assessment roll, or book, and proceeding to the collection of the assessments, and the county clerk, before receiving the funds from the trustee or trustees, shall, respectively, enter into a bond in double the amount that will come into their hands, respectively, payable to the state of Tennessee, and conditioned for the faithful paying over and accounting for the funds arising from the assessment; provided, that this proceeding to create a fund for the payment of the cost and expenses shall not interfere with or delay the other proceedings. Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b8; Code 1932, §4247; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-737; T.C.A. § 69-6-130 .
The county trustee, or trustees, before receiving the assessment roll, or book, and proceeding to the collection of the assessments, and the county clerk, before receiving the funds from the trustee or trustees, shall, respectively, enter into a bond in double the amount that will come into their hands, respectively, payable to the state of Tennessee, and conditioned for the faithful paying over and accounting for the funds arising from the assessment; provided, that this proceeding to create a fund for the payment of the cost and expenses shall not interfere with or delay the other proceedings.
Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b8; Code 1932, §4247; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-737; T.C.A. § 69-6-130 .
Tenn. Code Ann. § 69-11-104 — TN Code / Title 69 / Chapter 11 / Section 69-11-104
Powers of commissioner
Status: in_force

(a) The commissioner shall exercise the authority and power to: (1) Administer and enforce this chapter and all rules and regulations and orders promulgated under this chapter; (2) Conduct or obtain investigations, research, experiments, training programs and demonstrations, and collect and disseminate information relating to the safe construction, operation, or maintenance of dams and reservoirs; (3) Adopt, after giving public notice and affording an opportunity to all interested persons to appear and offer evidence at a public hearing in connection therewith, general rules and regulations that the commissioner deems necessary to accomplish the purpose of this chapter. Such rules and regulations, which shall have the force and effect of law, shall be of uniform application as far as practicable, but they may take proper account of differences in topography, geology, soil conditions, climate, hydrology, and use of the reservoir and the lands lying in the floodplain downstream from the dam; (4) Assess civil penalties for violation of any provision of this chapter or any rule, regulation, standard adopted or order issued by the commissioner pursuant to this chapter; (5) Issue orders requiring the adoption by an owner of remedial measures necessary for the safety of life or public or private property or for carrying out this chapter or rules and regulations issued under this chapter; (6) Examine and approve or disapprove applications for certificates of approval for the construction, enlargement, repair, alteration, maintenance, or operation of a dam or reservoir; (7) Establish standards for the safe construction, enlargement, repair, alteration, maintenance, or operation of a dam or reservoir. Such standards shall be issued in the form of regulations as described in subdivision (a)(3); (8) Make such investigations or inspections as the commissioner may deem necessary to determine the condition of a dam or reservoir to ensure compliance with any provisions of this chapter, including the right to enter at any time upon an area affected for such purposes and the right of ingress and egress across intervening properties; (9) Order the suspension or revocation, or both, of any certificate of approval for any act for failure to comply with any of the provisions of this chapter or with any rules, regulations or orders adopted pursuant to this chapter, or with any of the conditions contained in or attached to the certificate of approval; (10) Order the immediate cessation of any act that is started or continued without a certificate of approval as required by this chapter; (11) Institute and prosecute all court actions as may be necessary to obtain the enforcement of any order issued by the commissioner in carrying out this chapter; and (12) Hear appeals from orders issued, penalties assessed, or certificates suspended or revoked pursuant to this chapter, and administer oaths, issue subpoenas, and compel attendance of witnesses and production of data in connection with appeals hearings. All appeals hearings shall be in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) The commissioner shall not impose legal duties, obligations or liabilities incident to the ownership or operation of a dam upon the state or any local government that does not own or operate such dam. Acts 1973, ch. 182, § 3; T.C.A., § 70-2504; Acts 1984, ch. 805, § 3; 1991, ch. 260, § 2; T.C.A. § 69-12-104.
(a) The commissioner shall exercise the authority and power to: (1) Administer and enforce this chapter and all rules and regulations and orders promulgated under this chapter; (2) Conduct or obtain investigations, research, experiments, training programs and demonstrations, and collect and disseminate information relating to the safe construction, operation, or maintenance of dams and reservoirs; (3) Adopt, after giving public notice and affording an opportunity to all interested persons to appear and offer evidence at a public hearing in connection therewith, general rules and regulations that the commissioner deems necessary to accomplish the purpose of this chapter. Such rules and regulations, which shall have the force and effect of law, shall be of uniform application as far as practicable, but they may take proper account of differences in topography, geology, soil conditions, climate, hydrology, and use of the reservoir and the lands lying in the floodplain downstream from the dam; (4) Assess civil penalties for violation of any provision of this chapter or any rule, regulation, standard adopted or order issued by the commissioner pursuant to this chapter; (5) Issue orders requiring the adoption by an owner of remedial measures necessary for the safety of life or public or private property or for carrying out this chapter or rules and regulations issued under this chapter; (6) Examine and approve or disapprove applications for certificates of approval for the construction, enlargement, repair, alteration, maintenance, or operation of a dam or reservoir; (7) Establish standards for the safe construction, enlargement, repair, alteration, maintenance, or operation of a dam or reservoir. Such standards shall be issued in the form of regulations as described in subdivision (a)(3); (8) Make such investigations or inspections as the commissioner may deem necessary to determine the condition of a dam or reservoir to ensure compliance with any provisions of this chapter, including the right to enter at any time upon an area affected for such purposes and the right of ingress and egress across intervening properties; (9) Order the suspension or revocation, or both, of any certificate of approval for any act for failure to comply with any of the provisions of this chapter or with any rules, regulations or orders adopted pursuant to this chapter, or with any of the conditions contained in or attached to the certificate of approval; (10) Order the immediate cessation of any act that is started or continued without a certificate of approval as required by this chapter; (11) Institute and prosecute all court actions as may be necessary to obtain the enforcement of any order issued by the commissioner in carrying out this chapter; and (12) Hear appeals from orders issued, penalties assessed, or certificates suspended or revoked pursuant to this chapter, and administer oaths, issue subpoenas, and compel attendance of witnesses and production of data in connection with appeals hearings. All appeals hearings shall be in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) Administer and enforce this chapter and all rules and regulations and orders promulgated under this chapter;
(2) Conduct or obtain investigations, research, experiments, training programs and demonstrations, and collect and disseminate information relating to the safe construction, operation, or maintenance of dams and reservoirs;
(3) Adopt, after giving public notice and affording an opportunity to all interested persons to appear and offer evidence at a public hearing in connection therewith, general rules and regulations that the commissioner deems necessary to accomplish the purpose of this chapter. Such rules and regulations, which shall have the force and effect of law, shall be of uniform application as far as practicable, but they may take proper account of differences in topography, geology, soil conditions, climate, hydrology, and use of the reservoir and the lands lying in the floodplain downstream from the dam;
(4) Assess civil penalties for violation of any provision of this chapter or any rule, regulation, standard adopted or order issued by the commissioner pursuant to this chapter;
(5) Issue orders requiring the adoption by an owner of remedial measures necessary for the safety of life or public or private property or for carrying out this chapter or rules and regulations issued under this chapter;
(6) Examine and approve or disapprove applications for certificates of approval for the construction, enlargement, repair, alteration, maintenance, or operation of a dam or reservoir;
(7) Establish standards for the safe construction, enlargement, repair, alteration, maintenance, or operation of a dam or reservoir. Such standards shall be issued in the form of regulations as described in subdivision (a)(3);
(8) Make such investigations or inspections as the commissioner may deem necessary to determine the condition of a dam or reservoir to ensure compliance with any provisions of this chapter, including the right to enter at any time upon an area affected for such purposes and the right of ingress and egress across intervening properties;
(9) Order the suspension or revocation, or both, of any certificate of approval for any act for failure to comply with any of the provisions of this chapter or with any rules, regulations or orders adopted pursuant to this chapter, or with any of the conditions contained in or attached to the certificate of approval;
(10) Order the immediate cessation of any act that is started or continued without a certificate of approval as required by this chapter;
(11) Institute and prosecute all court actions as may be necessary to obtain the enforcement of any order issued by the commissioner in carrying out this chapter; and
(12) Hear appeals from orders issued, penalties assessed, or certificates suspended or revoked pursuant to this chapter, and administer oaths, issue subpoenas, and compel attendance of witnesses and production of data in connection with appeals hearings. All appeals hearings shall be in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) The commissioner shall not impose legal duties, obligations or liabilities incident to the ownership or operation of a dam upon the state or any local government that does not own or operate such dam.
Acts 1973, ch. 182, § 3; T.C.A., § 70-2504; Acts 1984, ch. 805, § 3; 1991, ch. 260, § 2; T.C.A. § 69-12-104.
Tenn. Code Ann. § 69-5-712 — TN Code / Title 69 / Chapter 5 / Section 69-5-712
Drainage overseer
Status: in_force

After the main improvement in any drainage district, or drainage and levee district, has been completed, the board of directors, if it deems necessary for the protection of the district, and for the proper maintenance of the efficiency of the improvement, may employ a competent person to look after and take care of the same. The person so employed shall be designated "drainage overseer." The board of directors shall define the duties of the drainage overseer, and contract with the drainage overseer to perform the prescribed duties, and contract for the amount to be paid the drainage overseer for such services. The board of directors has the right, at any time, to discharge the drainage overseer and employ another whenever, in its judgment, it is to the best interest of the district that it be done. The compensation of the drainage overseer shall be paid out of any funds in the district, not needed for the payment of bonds and interest maturing, and other improvements that are to be made, during the year. The payment will be made as is provided for other payments under the drainage law. Acts 1915, ch. 63, §3; Shan., § 3871a88; Code 1932, § 4316; T.C.A. (orig. ed.), § 70-1218; T.C.A. § 69-6-712.
After the main improvement in any drainage district, or drainage and levee district, has been completed, the board of directors, if it deems necessary for the protection of the district, and for the proper maintenance of the efficiency of the improvement, may employ a competent person to look after and take care of the same. The person so employed shall be designated "drainage overseer." The board of directors shall define the duties of the drainage overseer, and contract with the drainage overseer to perform the prescribed duties, and contract for the amount to be paid the drainage overseer for such services. The board of directors has the right, at any time, to discharge the drainage overseer and employ another whenever, in its judgment, it is to the best interest of the district that it be done. The compensation of the drainage overseer shall be paid out of any funds in the district, not needed for the payment of bonds and interest maturing, and other improvements that are to be made, during the year. The payment will be made as is provided for other payments under the drainage law.
Acts 1915, ch. 63, §3; Shan., § 3871a88; Code 1932, § 4316; T.C.A. (orig. ed.), § 70-1218; T.C.A. § 69-6-712.
Tenn. Code Ann. § 69-6-109 — TN Code / Title 69 / Chapter 6 / Section 69-6-109
Election notice
Status: in_force

(a) The president and secretary shall cause a notice of the special election to be published for three (3) consecutive weeks in some newspaper of general circulation within the proposed district, the first publication to be not less than twenty-one (21) days prior to such election. If the proposed district lies in more than one (1) county, then a similar notice shall be published in a newspaper of general circulation in each of the counties in which a part of the proposed district is located. (b) The election notice shall set forth the time and place or places of holding the election, the proposal to be voted on, and the purposes for which the proposed district is to be created. The following proposition to be voted on shall be set forth in such notice: Q. Shall the board of directors proceed with the creation of the proposed watershed district in accordance with the Watershed District Act of 1955? (c) The notice shall be signed by the president and attested to by the secretary of the board. Acts 1955, ch. 112, § 6; T.C.A., § 70-1809; T.C.A. § 69-7-109.
(a) The president and secretary shall cause a notice of the special election to be published for three (3) consecutive weeks in some newspaper of general circulation within the proposed district, the first publication to be not less than twenty-one (21) days prior to such election. If the proposed district lies in more than one (1) county, then a similar notice shall be published in a newspaper of general circulation in each of the counties in which a part of the proposed district is located.
(b) The election notice shall set forth the time and place or places of holding the election, the proposal to be voted on, and the purposes for which the proposed district is to be created. The following proposition to be voted on shall be set forth in such notice: Q. Shall the board of directors proceed with the creation of the proposed watershed district in accordance with the Watershed District Act of 1955?
Q. Shall the board of directors proceed with the creation of the proposed watershed district in accordance with the Watershed District Act of 1955?
(c) The notice shall be signed by the president and attested to by the secretary of the board.
Acts 1955, ch. 112, § 6; T.C.A., § 70-1809; T.C.A. § 69-7-109.
Tenn. Code Ann. § 69-5-204 — TN Code / Title 69 / Chapter 5 / Section 69-5-204
Report to be promptly filed - Substitute viewers
Status: in_force

The report of the viewers shall be filed as soon as practicable. If any one of them fails or refuses to act, for any reason, or does not proceed to act with promptness, the court may appoint another as a viewer in that viewer's place. Acts 1909, ch. 185, §7; Shan., § 3871a36; mod. Code 1932, § 4253; T.C.A. (orig. ed.), § 70-804; T.C.A. § 69-6-204.
The report of the viewers shall be filed as soon as practicable. If any one of them fails or refuses to act, for any reason, or does not proceed to act with promptness, the court may appoint another as a viewer in that viewer's place.
Acts 1909, ch. 185, §7; Shan., § 3871a36; mod. Code 1932, § 4253; T.C.A. (orig. ed.), § 70-804; T.C.A. § 69-6-204.
Tenn. Code Ann. § 69-3-147 — TN Code / Title 69 / Chapter 3 / Section 69-3-147
Rock harvesting governance
Status: in_force

Except where a specific provision of §§ 69-3-143 - 69-3-147 is applicable, rock harvesting is subject to and shall be governed by this part. Acts 2011, ch. 341, § 3.
Except where a specific provision of §§ 69-3-143 - 69-3-147 is applicable, rock harvesting is subject to and shall be governed by this part.
Acts 2011, ch. 341, § 3.
Tenn. Code Ann. § 69-5-208 — TN Code / Title 69 / Chapter 5 / Section 69-5-208
Entry of condemnation order
Status: in_force

After damages have been paid, or secured as provided in § 69-5-207 , the county court shall enter a proper order of condemnation showing all such lands are appropriated and belong to such drainage or levee district for all its necessary purposes. Acts 1909, ch. 185, §9; Shan., § 3871a49; Code 1932, § 4266; T.C.A. (orig. ed.), § 70-808; T.C.A. § 69-6-208.
After damages have been paid, or secured as provided in § 69-5-207 , the county court shall enter a proper order of condemnation showing all such lands are appropriated and belong to such drainage or levee district for all its necessary purposes.
Acts 1909, ch. 185, §9; Shan., § 3871a49; Code 1932, § 4266; T.C.A. (orig. ed.), § 70-808; T.C.A. § 69-6-208.
Tenn. Code Ann. § 69-9-216 — TN Code / Title 69 / Chapter 9 / Section 69-9-216
Prohibited acts
Status: in_force

(a) No person shall operate or interfere with the safe operation of any motorboat or vessel, or manipulate any water skis, surfboard, tube, specialty recreational device or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person. Notwithstanding § 69-9-219 to the contrary, any person who interferes with the safe operation of any motorboat or vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person commits a Class C misdemeanor; provided, that any person who through such interference causes bodily injury or death commits a Class A misdemeanor. (b) (1) It is unlawful for any person less than twelve (12) years of age to operate any vessel propelled by machinery upon the waters of Tennessee unless the person is under the direct supervision of an adult. This prohibition does not apply if the person is operating a vessel powered by a motor of eight and one-half (8.5) horsepower or less. (2) For the purpose of this subsection (b), "direct supervision" means being in such proximity with the operator so as to be able to take immediate control of the vessel. (3) Such supervising adult shall be jointly liable with the owner of a vessel as provided in § 69-9-215 . (c) (1) Any person who operates a motorboat towing any person riding or attempting to ride upon one (1) or more water skis, surfboard, tube, specialty recreational device or similar device on the waters of the state shall have present in such vessel a person or persons, twelve (12) years of age or older, other than the operator, who shall at all times observe the progress of the person being towed and the operator of the towing vessel shall at all times maintain an alert lookout ahead. This provision does not apply to motorboats equipped with not less than a one hundred seventy degree (170°) wide angle rear-view mirror affixed in such a manner as will permit the operator to observe the progress of the person being towed. (2) No person shall ride or attempt to ride upon water skis, surfboard, tube, specialty recreational device or similar device, or use or operate any vessel to tow any person on the waters of the state between sunset and sunrise and during periods of restricted visibility, except upon special permit issued by the agency. (3) Any person riding or attempting to ride upon one (1) or more water skis, surfboard, tube, specialty recreational device or similar device, shall wear an adequate and effective life preserver, buoyant vest, or life belt filled with kapok, styrofoam, or cork, except upon special permit issued by the agency. Any operator of a vessel towing any person on water skis, surfboard, tube, specialty recreational device or similar device who is not wearing a life preserver, buoyant vest or life belt as prescribed in this subdivision (c)(3) is deemed in violation of this section. (4) It is unlawful for any person or persons to install, or maintain any structure, or inclined platform known as a water ski jump on the waters of the state and it is unlawful for any person to use such platform, or structure for the purpose of water ski jumping, except upon special permit issued by the agency. (5) This subsection (c) does not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized by the agency. (6) No person shall operate or manipulate any vessel, tow rope or other device by which the direction or location of water skis, surfboard, tube, specialty recreational device or similar device may be affected or controlled in such a way as to cause the water skis, surfboard, tube, specialty recreational device or similar device, or any person on the water skis, surfboard, tube, specialty recreational device or similar device, to collide with or strike against any object or person. (d) No person, except an authorized representative of the federal government, the state, or any of its political subdivisions, shall use or operate a siren on the waters of this state. (e) No person shall purposely sever the mooring lines, set adrift, injure, or damage in any manner any vessel that is moored, docked, buoyed, or tied up on the waters of the state, or purposely alter, injure, damage or destroy any buoys, markers, aids or lights placed, erected, or installed, for the safe operation of vessels upon the waters of this state. (f) No person shall knowingly or purposefully give false information to the executive director or the executive director's officers or designees during an accident investigation or while checking for compliance with this chapter. (g) Except to the extent permitted by federal law and in order to protect the health and safety of persons using the waters of the state, it is unlawful for any person to operate or use a vessel capable of discharging untreated sewage from such vessel into the waters of this state. It is also unlawful to discharge any treated or untreated sewage into any waters of the state lawfully designated as "no discharge." Such designation shall be based on the criteria as established by the United States environmental protection agency for determining discharge/no discharge waters regarding marine sanitation devices. Any such discharge of sewage from a vessel shall be prima facie evidence that the discharge was done by the operator, or owner if the operator cannot be determined, of such vessel; further, where such discharges are allowed under the federal Clean Water Act ( 33 U.S.C. § 1251 et seq.), and its implementing regulations, United States coast guard approved Type I and Type II marine sanitation devices are the only acceptable discharge treatment devices that may be used on the waters of this state, except that only Type II discharge devices may be used on vessels over sixty-five feet (65') in length unless otherwise provided by rule or regulation. The agency may establish by rule and regulation a system of inspection for compliance to be conducted by a properly trained, qualified and bonded private individual. This system shall in no way affect inspections as permitted under § 69-9-220 . (h) Any person or persons affected by a decision of the agency may appeal such decision to the commission. Acts 1965, ch. 334, §§ 13, 14, 16; 1977, ch. 305, § 1; 1979, ch. 37, §§ 1, 2; T.C.A. (orig. ed.), §§ 70-2213, 70-2214, 70-2216; Acts 1989, ch. 92, §§ 4-6; 1991, ch. 218, § 2; 1992, ch. 601, §2; 1995, ch. 39, §§ 1-6; 1998, ch. 1008, § 1; 2000, ch. 830, §2; T.C.A. § 69-10-216; Acts 2005, ch. 181, §§1, 2; 2007 , ch. 185, § 11.
(a) No person shall operate or interfere with the safe operation of any motorboat or vessel, or manipulate any water skis, surfboard, tube, specialty recreational device or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person. Notwithstanding § 69-9-219 to the contrary, any person who interferes with the safe operation of any motorboat or vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person commits a Class C misdemeanor; provided, that any person who through such interference causes bodily injury or death commits a Class A misdemeanor.
(b) (1) It is unlawful for any person less than twelve (12) years of age to operate any vessel propelled by machinery upon the waters of Tennessee unless the person is under the direct supervision of an adult. This prohibition does not apply if the person is operating a vessel powered by a motor of eight and one-half (8.5) horsepower or less. (2) For the purpose of this subsection (b), "direct supervision" means being in such proximity with the operator so as to be able to take immediate control of the vessel. (3) Such supervising adult shall be jointly liable with the owner of a vessel as provided in § 69-9-215 .
(1) It is unlawful for any person less than twelve (12) years of age to operate any vessel propelled by machinery upon the waters of Tennessee unless the person is under the direct supervision of an adult. This prohibition does not apply if the person is operating a vessel powered by a motor of eight and one-half (8.5) horsepower or less.
(2) For the purpose of this subsection (b), "direct supervision" means being in such proximity with the operator so as to be able to take immediate control of the vessel.
(3) Such supervising adult shall be jointly liable with the owner of a vessel as provided in § 69-9-215 .
(c) (1) Any person who operates a motorboat towing any person riding or attempting to ride upon one (1) or more water skis, surfboard, tube, specialty recreational device or similar device on the waters of the state shall have present in such vessel a person or persons, twelve (12) years of age or older, other than the operator, who shall at all times observe the progress of the person being towed and the operator of the towing vessel shall at all times maintain an alert lookout ahead. This provision does not apply to motorboats equipped with not less than a one hundred seventy degree (170°) wide angle rear-view mirror affixed in such a manner as will permit the operator to observe the progress of the person being towed. (2) No person shall ride or attempt to ride upon water skis, surfboard, tube, specialty recreational device or similar device, or use or operate any vessel to tow any person on the waters of the state between sunset and sunrise and during periods of restricted visibility, except upon special permit issued by the agency. (3) Any person riding or attempting to ride upon one (1) or more water skis, surfboard, tube, specialty recreational device or similar device, shall wear an adequate and effective life preserver, buoyant vest, or life belt filled with kapok, styrofoam, or cork, except upon special permit issued by the agency. Any operator of a vessel towing any person on water skis, surfboard, tube, specialty recreational device or similar device who is not wearing a life preserver, buoyant vest or life belt as prescribed in this subdivision (c)(3) is deemed in violation of this section. (4) It is unlawful for any person or persons to install, or maintain any structure, or inclined platform known as a water ski jump on the waters of the state and it is unlawful for any person to use such platform, or structure for the purpose of water ski jumping, except upon special permit issued by the agency. (5) This subsection (c) does not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized by the agency. (6) No person shall operate or manipulate any vessel, tow rope or other device by which the direction or location of water skis, surfboard, tube, specialty recreational device or similar device may be affected or controlled in such a way as to cause the water skis, surfboard, tube, specialty recreational device or similar device, or any person on the water skis, surfboard, tube, specialty recreational device or similar device, to collide with or strike against any object or person.
(1) Any person who operates a motorboat towing any person riding or attempting to ride upon one (1) or more water skis, surfboard, tube, specialty recreational device or similar device on the waters of the state shall have present in such vessel a person or persons, twelve (12) years of age or older, other than the operator, who shall at all times observe the progress of the person being towed and the operator of the towing vessel shall at all times maintain an alert lookout ahead. This provision does not apply to motorboats equipped with not less than a one hundred seventy degree (170°) wide angle rear-view mirror affixed in such a manner as will permit the operator to observe the progress of the person being towed.
(2) No person shall ride or attempt to ride upon water skis, surfboard, tube, specialty recreational device or similar device, or use or operate any vessel to tow any person on the waters of the state between sunset and sunrise and during periods of restricted visibility, except upon special permit issued by the agency.
(3) Any person riding or attempting to ride upon one (1) or more water skis, surfboard, tube, specialty recreational device or similar device, shall wear an adequate and effective life preserver, buoyant vest, or life belt filled with kapok, styrofoam, or cork, except upon special permit issued by the agency. Any operator of a vessel towing any person on water skis, surfboard, tube, specialty recreational device or similar device who is not wearing a life preserver, buoyant vest or life belt as prescribed in this subdivision (c)(3) is deemed in violation of this section.
(4) It is unlawful for any person or persons to install, or maintain any structure, or inclined platform known as a water ski jump on the waters of the state and it is unlawful for any person to use such platform, or structure for the purpose of water ski jumping, except upon special permit issued by the agency.
(5) This subsection (c) does not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized by the agency.
(6) No person shall operate or manipulate any vessel, tow rope or other device by which the direction or location of water skis, surfboard, tube, specialty recreational device or similar device may be affected or controlled in such a way as to cause the water skis, surfboard, tube, specialty recreational device or similar device, or any person on the water skis, surfboard, tube, specialty recreational device or similar device, to collide with or strike against any object or person.
(d) No person, except an authorized representative of the federal government, the state, or any of its political subdivisions, shall use or operate a siren on the waters of this state.
(e) No person shall purposely sever the mooring lines, set adrift, injure, or damage in any manner any vessel that is moored, docked, buoyed, or tied up on the waters of the state, or purposely alter, injure, damage or destroy any buoys, markers, aids or lights placed, erected, or installed, for the safe operation of vessels upon the waters of this state.
(f) No person shall knowingly or purposefully give false information to the executive director or the executive director's officers or designees during an accident investigation or while checking for compliance with this chapter.
(g) Except to the extent permitted by federal law and in order to protect the health and safety of persons using the waters of the state, it is unlawful for any person to operate or use a vessel capable of discharging untreated sewage from such vessel into the waters of this state. It is also unlawful to discharge any treated or untreated sewage into any waters of the state lawfully designated as "no discharge." Such designation shall be based on the criteria as established by the United States environmental protection agency for determining discharge/no discharge waters regarding marine sanitation devices. Any such discharge of sewage from a vessel shall be prima facie evidence that the discharge was done by the operator, or owner if the operator cannot be determined, of such vessel; further, where such discharges are allowed under the federal Clean Water Act ( 33 U.S.C. § 1251 et seq.), and its implementing regulations, United States coast guard approved Type I and Type II marine sanitation devices are the only acceptable discharge treatment devices that may be used on the waters of this state, except that only Type II discharge devices may be used on vessels over sixty-five feet (65') in length unless otherwise provided by rule or regulation. The agency may establish by rule and regulation a system of inspection for compliance to be conducted by a properly trained, qualified and bonded private individual. This system shall in no way affect inspections as permitted under § 69-9-220 .
(h) Any person or persons affected by a decision of the agency may appeal such decision to the commission.
Acts 1965, ch. 334, §§ 13, 14, 16; 1977, ch. 305, § 1; 1979, ch. 37, §§ 1, 2; T.C.A. (orig. ed.), §§ 70-2213, 70-2214, 70-2216; Acts 1989, ch. 92, §§ 4-6; 1991, ch. 218, § 2; 1992, ch. 601, §2; 1995, ch. 39, §§ 1-6; 1998, ch. 1008, § 1; 2000, ch. 830, §2; T.C.A. § 69-10-216; Acts 2005, ch. 181, §§1, 2; 2007 , ch. 185, § 11.
Tenn. Code Ann. § 69-5-107 — TN Code / Title 69 / Chapter 5 / Section 69-5-107
Preliminary hearing - Notice and requisites
Status: in_force

When a petition is filed with all the necessary allegations, is sworn to by one (1) or more petitioners, and shows that fifty-one percent (51%) in acres of the land within the bounds of the district sought to be created is owned by the petitioners, and as further required by § 69-5-103 ; when the petition is accompanied by a general plat, and a general description of the district sought to be created; when a description, by surrounding landowners, is given in the petition, of the respective tracts of land within the bounds and the names of the owners of the tracts, who are not petitioners are set out in the petition; when the petitioners ask that provision be made for funds to defray the preliminary costs and expenses up to the stage in the proceedings where the report of the commissioners for the assessment of benefits have been filed and confirmed; and when the court deems it expedient that provision should be made for such a fund, to cover the preliminary costs and expenses; then the court shall set a day for the hearing, and direct that publication for all landowners set out in the petition, who are not petitioners, be made in some newspaper published in the county in which the district is located, and if located in more than one (1) county, then in a newspaper in each county, in which the lands in the proposed district are located, the publications to be for three (3) consecutive weeks, the last publication to be at least ten (10) days before the day set for the hearing; and the publication shall notify such landowners of the pending suit, the prayer for the creation of a fund to pay the preliminary costs and expenses, the day fixed for the hearing, and notify them to appear and show cause why an assessment to create the fund should not be made. Acts 1915, ch. 63, §1; Shan., § 3871a10; mod. Code 1932, § 4219; T.C.A. (orig. ed.), § 70-707; T.C.A. § 69-6-107 .
When a petition is filed with all the necessary allegations, is sworn to by one (1) or more petitioners, and shows that fifty-one percent (51%) in acres of the land within the bounds of the district sought to be created is owned by the petitioners, and as further required by § 69-5-103 ; when the petition is accompanied by a general plat, and a general description of the district sought to be created; when a description, by surrounding landowners, is given in the petition, of the respective tracts of land within the bounds and the names of the owners of the tracts, who are not petitioners are set out in the petition; when the petitioners ask that provision be made for funds to defray the preliminary costs and expenses up to the stage in the proceedings where the report of the commissioners for the assessment of benefits have been filed and confirmed; and when the court deems it expedient that provision should be made for such a fund, to cover the preliminary costs and expenses; then the court shall set a day for the hearing, and direct that publication for all landowners set out in the petition, who are not petitioners, be made in some newspaper published in the county in which the district is located, and if located in more than one (1) county, then in a newspaper in each county, in which the lands in the proposed district are located, the publications to be for three (3) consecutive weeks, the last publication to be at least ten (10) days before the day set for the hearing; and the publication shall notify such landowners of the pending suit, the prayer for the creation of a fund to pay the preliminary costs and expenses, the day fixed for the hearing, and notify them to appear and show cause why an assessment to create the fund should not be made.
Acts 1915, ch. 63, §1; Shan., § 3871a10; mod. Code 1932, § 4219; T.C.A. (orig. ed.), § 70-707; T.C.A. § 69-6-107 .
Tenn. Code Ann. § 69-11-121 — TN Code / Title 69 / Chapter 11 / Section 69-11-121
Civil penalties and damages
Status: in_force

(a) Any person who violates or fails to comply with any provision of this chapter, any order of the commissioner issued pursuant to this chapter or any rule, regulation, or standard adopted pursuant to this chapter shall be subject to a civil penalty of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per day for each day of violation. Each day such violation continues shall constitute a separate violation. In addition, such person shall also be liable for any damages to the state resulting from the violation, without regard to whether any civil penalty is assessed. (b) Any civil penalty or damages shall be assessed in the following manner: (1) The commissioner may issue an assessment against any person responsible for the violation or damages; (2) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections and asking for a hearing in the matter involved. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; (3) Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment. (c) The commissioner, through the attorney general and reporter, may initiate proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violations occurred, in the name of the department. (d) In assessing a civil penalty, the following factors may be considered: (1) The harm done or potential for harm to the public safety or the environment; (2) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (3) The economic benefit gained by the violator as a result of the violation; (4) The amount of effort put forth by the violator to remedy this violation; or (5) Any unusual or extraordinary enforcement costs incurred by the commissioner. Acts 1973, ch. 182, § 12; T.C.A., § 70-2526; Acts 1984, ch. 805, § 10; T.C.A. § 69-12-121.
(a) Any person who violates or fails to comply with any provision of this chapter, any order of the commissioner issued pursuant to this chapter or any rule, regulation, or standard adopted pursuant to this chapter shall be subject to a civil penalty of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per day for each day of violation. Each day such violation continues shall constitute a separate violation. In addition, such person shall also be liable for any damages to the state resulting from the violation, without regard to whether any civil penalty is assessed.
(b) Any civil penalty or damages shall be assessed in the following manner: (1) The commissioner may issue an assessment against any person responsible for the violation or damages; (2) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections and asking for a hearing in the matter involved. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final; (3) Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment.
(1) The commissioner may issue an assessment against any person responsible for the violation or damages;
(2) Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections and asking for a hearing in the matter involved. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final;
(3) Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat the failure to appeal such assessment as a confession of judgment in the amount of the assessment.
(c) The commissioner, through the attorney general and reporter, may initiate proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violations occurred, in the name of the department.
(d) In assessing a civil penalty, the following factors may be considered: (1) The harm done or potential for harm to the public safety or the environment; (2) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (3) The economic benefit gained by the violator as a result of the violation; (4) The amount of effort put forth by the violator to remedy this violation; or (5) Any unusual or extraordinary enforcement costs incurred by the commissioner.
(1) The harm done or potential for harm to the public safety or the environment;
(2) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
(3) The economic benefit gained by the violator as a result of the violation;
(4) The amount of effort put forth by the violator to remedy this violation; or
(5) Any unusual or extraordinary enforcement costs incurred by the commissioner.
Acts 1973, ch. 182, § 12; T.C.A., § 70-2526; Acts 1984, ch. 805, § 10; T.C.A. § 69-12-121.
Tenn. Code Ann. § 69-5-718 — TN Code / Title 69 / Chapter 5 / Section 69-5-718
Location of lateral drains - Determination by board and fixing of damages
Status: in_force

(a) If a controversy arises among any of the landowners, as to the location or character of any lateral drain or ditch between or across the lands of such owners, any one (1) or more of such landowners may, by petition, make application to the board to locate the ditch or drain and determine its character. Such petition shall set out with reasonable certainty the matters in controversy; and upon the petition being filed, it shall be the duty of the board of directors to fix a day for going upon the premises to determine the same. Five (5) days' notice of the time and place shall be given to the other parties interested who are not petitioners. On the day fixed, it shall be the duty of the board of directors to go upon the premises and examine the premises; and if in their judgment, a ditch, drain, or lateral should be made, in order to give the landowners the proper means in draining their low and wet lands and reaching the main improvements, they will locate the place for the lateral, drain, or ditch, determine the character of the same, and fix the amount of damages, if any, to be paid, and direct the petitioner or petitioners to proceed and make the ditch, drain, or lateral. (b) The board of directors shall set out in writing the action taken, and spread it upon the minutes of the board of directors, and file the original paper with the other papers of the board. Acts 1915, ch. 63, §6; Shan., §§ 3871a99, 3871a100; Code 1932, §§ 4327, 4328; T.C.A. (orig. ed.), §§ 70-1224, 70-1225; T.C.A. § 69-6-718.
(a) If a controversy arises among any of the landowners, as to the location or character of any lateral drain or ditch between or across the lands of such owners, any one (1) or more of such landowners may, by petition, make application to the board to locate the ditch or drain and determine its character. Such petition shall set out with reasonable certainty the matters in controversy; and upon the petition being filed, it shall be the duty of the board of directors to fix a day for going upon the premises to determine the same. Five (5) days' notice of the time and place shall be given to the other parties interested who are not petitioners. On the day fixed, it shall be the duty of the board of directors to go upon the premises and examine the premises; and if in their judgment, a ditch, drain, or lateral should be made, in order to give the landowners the proper means in draining their low and wet lands and reaching the main improvements, they will locate the place for the lateral, drain, or ditch, determine the character of the same, and fix the amount of damages, if any, to be paid, and direct the petitioner or petitioners to proceed and make the ditch, drain, or lateral.
(b) The board of directors shall set out in writing the action taken, and spread it upon the minutes of the board of directors, and file the original paper with the other papers of the board.
Acts 1915, ch. 63, §6; Shan., §§ 3871a99, 3871a100; Code 1932, §§ 4327, 4328; T.C.A. (orig. ed.), §§ 70-1224, 70-1225; T.C.A. § 69-6-718.
Tenn. Code Ann. § 69-6-147 — TN Code / Title 69 / Chapter 6 / Section 69-6-147
Assessments for maintenance
Status: in_force

(a) It is the duty of the board of directors to properly maintain any project constructed and operated within the district. (b) (1) The board, or landowners owning five percent (5%) of the acreage affected by any project, may petition the court in which such plan or project was approved to levy additional assessments for the proper maintenance or operation, or both, of such project or improvement, as may appear to the court to be necessary, the apportionment of such maintenance expense to be upon the tracts benefited by the original project in the ratio or proportion established in the original assessment roll. (2) In the case of any improvement or project benefiting all of the lands in the district generally, the court may order the board to have the proper maintenance or repair work, or both, accomplished, and order the same to be paid from the funds of the district in the hands of the treasurer that are not obligated for any other purpose. (c) A special assessment for maintenance is a lien upon the respective tracts of land and is collected in the same manner as assessments for benefits as provided in this chapter. Acts 1955, ch. 112, § 31; T.C.A., § 70-1847; T.C.A. § 69-7-147.
(a) It is the duty of the board of directors to properly maintain any project constructed and operated within the district.
(b) (1) The board, or landowners owning five percent (5%) of the acreage affected by any project, may petition the court in which such plan or project was approved to levy additional assessments for the proper maintenance or operation, or both, of such project or improvement, as may appear to the court to be necessary, the apportionment of such maintenance expense to be upon the tracts benefited by the original project in the ratio or proportion established in the original assessment roll. (2) In the case of any improvement or project benefiting all of the lands in the district generally, the court may order the board to have the proper maintenance or repair work, or both, accomplished, and order the same to be paid from the funds of the district in the hands of the treasurer that are not obligated for any other purpose.
(1) The board, or landowners owning five percent (5%) of the acreage affected by any project, may petition the court in which such plan or project was approved to levy additional assessments for the proper maintenance or operation, or both, of such project or improvement, as may appear to the court to be necessary, the apportionment of such maintenance expense to be upon the tracts benefited by the original project in the ratio or proportion established in the original assessment roll.
(2) In the case of any improvement or project benefiting all of the lands in the district generally, the court may order the board to have the proper maintenance or repair work, or both, accomplished, and order the same to be paid from the funds of the district in the hands of the treasurer that are not obligated for any other purpose.
(c) A special assessment for maintenance is a lien upon the respective tracts of land and is collected in the same manner as assessments for benefits as provided in this chapter.
Acts 1955, ch. 112, § 31; T.C.A., § 70-1847; T.C.A. § 69-7-147.
Tenn. Code Ann. § 69-6-138 — TN Code / Title 69 / Chapter 6 / Section 69-6-138
Assessment book - Certification to trustees
Status: in_force

As soon as the assessment has been made, the court will fix the date or dates upon which such assessment and/or the annual installments of the same shall be payable. Whereupon, the county clerk shall make out an assessment list or book for the trustee of each county in which are located lands so assessed for benefits, giving alphabetically the name of the owner, the boundaries of each tract, the number of acres in each tract and the amount assessed against each tract, including the annual installments in which such assessments are payable, if the full assessments be not paid in cash. Such book or list shall be in substantially the form used for county tax books. When such lists or books have been completed, the clerk shall certify the same to the trustee or trustees of the counties in which the lands so assessed are located. Acts 1955, ch. 112, § 24; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., §70-1838; T.C.A. § 69-7-138.
As soon as the assessment has been made, the court will fix the date or dates upon which such assessment and/or the annual installments of the same shall be payable. Whereupon, the county clerk shall make out an assessment list or book for the trustee of each county in which are located lands so assessed for benefits, giving alphabetically the name of the owner, the boundaries of each tract, the number of acres in each tract and the amount assessed against each tract, including the annual installments in which such assessments are payable, if the full assessments be not paid in cash. Such book or list shall be in substantially the form used for county tax books. When such lists or books have been completed, the clerk shall certify the same to the trustee or trustees of the counties in which the lands so assessed are located.
Acts 1955, ch. 112, § 24; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., §70-1838; T.C.A. § 69-7-138.
Tenn. Code Ann. § 69-3-124 — TN Code / Title 69 / Chapter 3 / Section 69-3-124
Pretreatment enforcement - Hearings
Status: in_force

(a) Any hearing or rehearing brought before the local hearing authority shall be conducted in accordance with the following: (1) Upon receipt of a written petition from the alleged violator pursuant to this section, the local administrative officer shall give the petitioner thirty (30) days' written notice of the time and place of the hearing, but in no case shall such hearing be held more than sixty (60) days from the receipt of the written petition, unless the local administrative officer and the petitioner agree to a postponement; (2) The hearing provided for in this section may be conducted by the local hearing authority at a regular or special meeting. A quorum of the local hearing authority must be present at the regular or special meeting in order to conduct the hearing provided for in this section; (3) A verbatim record of the proceedings of such hearings shall be taken and filed with the local hearing authority, together with the findings of fact and conclusions of law made pursuant to subdivision (a)(6). The transcript so recorded shall be made available to the petitioner or any party to a hearing upon payment of a charge set by the local administrative officer to cover the costs of preparation; (4) In connection with the hearing, the chair shall issue subpoenas in response to any reasonable request by any party to the hearing requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing. In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the chancery court of the county in which the pretreatment agency is located shall have jurisdiction upon the application of the local hearing authority or the local administrative officer to issue an order requiring such person to appear and testify or produce evidence as the case may require, and any failure to obey such order of the court may be punished by such court as contempt; (5) Any member of the local hearing authority may administer oaths and examine witnesses; (6) On the basis of the evidence produced at the hearing, the local hearing authority shall make findings of fact and conclusions of law and enter such decisions and orders as, in its opinion, will best further the purposes of the pretreatment program and shall give written notice of such decisions and orders to the alleged violator. The order issued under this subsection (a) shall be issued no later than thirty (30) days following the close of the hearing by the person or persons designated by the chair; (7) The decision of the local hearing authority shall become final and binding on all parties unless appealed to the courts as provided in subsection (b); and (8) Any person to whom an emergency order is directed pursuant to § 69-3-123 shall comply with the emergency order immediately, but on petition to the local hearing authority shall be afforded a hearing as soon as possible, but in no case shall such hearing be held later than three (3) days from the receipt of such petition by the local hearing authority. (b) An appeal may be taken from any final order or other final determination of the local hearing authority by any party, including the pretreatment agency, who is or may be adversely affected thereby, to the chancery court pursuant to the common law writ of certiorari set out in § 27-8-101 , within sixty (60) days from the date such order or determination is made. Acts 1987, ch. 111, § 3.
(a) Any hearing or rehearing brought before the local hearing authority shall be conducted in accordance with the following: (1) Upon receipt of a written petition from the alleged violator pursuant to this section, the local administrative officer shall give the petitioner thirty (30) days' written notice of the time and place of the hearing, but in no case shall such hearing be held more than sixty (60) days from the receipt of the written petition, unless the local administrative officer and the petitioner agree to a postponement; (2) The hearing provided for in this section may be conducted by the local hearing authority at a regular or special meeting. A quorum of the local hearing authority must be present at the regular or special meeting in order to conduct the hearing provided for in this section; (3) A verbatim record of the proceedings of such hearings shall be taken and filed with the local hearing authority, together with the findings of fact and conclusions of law made pursuant to subdivision (a)(6). The transcript so recorded shall be made available to the petitioner or any party to a hearing upon payment of a charge set by the local administrative officer to cover the costs of preparation; (4) In connection with the hearing, the chair shall issue subpoenas in response to any reasonable request by any party to the hearing requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing. In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the chancery court of the county in which the pretreatment agency is located shall have jurisdiction upon the application of the local hearing authority or the local administrative officer to issue an order requiring such person to appear and testify or produce evidence as the case may require, and any failure to obey such order of the court may be punished by such court as contempt; (5) Any member of the local hearing authority may administer oaths and examine witnesses; (6) On the basis of the evidence produced at the hearing, the local hearing authority shall make findings of fact and conclusions of law and enter such decisions and orders as, in its opinion, will best further the purposes of the pretreatment program and shall give written notice of such decisions and orders to the alleged violator. The order issued under this subsection (a) shall be issued no later than thirty (30) days following the close of the hearing by the person or persons designated by the chair; (7) The decision of the local hearing authority shall become final and binding on all parties unless appealed to the courts as provided in subsection (b); and (8) Any person to whom an emergency order is directed pursuant to § 69-3-123 shall comply with the emergency order immediately, but on petition to the local hearing authority shall be afforded a hearing as soon as possible, but in no case shall such hearing be held later than three (3) days from the receipt of such petition by the local hearing authority.
(1) Upon receipt of a written petition from the alleged violator pursuant to this section, the local administrative officer shall give the petitioner thirty (30) days' written notice of the time and place of the hearing, but in no case shall such hearing be held more than sixty (60) days from the receipt of the written petition, unless the local administrative officer and the petitioner agree to a postponement;
(2) The hearing provided for in this section may be conducted by the local hearing authority at a regular or special meeting. A quorum of the local hearing authority must be present at the regular or special meeting in order to conduct the hearing provided for in this section;
(3) A verbatim record of the proceedings of such hearings shall be taken and filed with the local hearing authority, together with the findings of fact and conclusions of law made pursuant to subdivision (a)(6). The transcript so recorded shall be made available to the petitioner or any party to a hearing upon payment of a charge set by the local administrative officer to cover the costs of preparation;
(4) In connection with the hearing, the chair shall issue subpoenas in response to any reasonable request by any party to the hearing requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing. In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the chancery court of the county in which the pretreatment agency is located shall have jurisdiction upon the application of the local hearing authority or the local administrative officer to issue an order requiring such person to appear and testify or produce evidence as the case may require, and any failure to obey such order of the court may be punished by such court as contempt;
(5) Any member of the local hearing authority may administer oaths and examine witnesses;
(6) On the basis of the evidence produced at the hearing, the local hearing authority shall make findings of fact and conclusions of law and enter such decisions and orders as, in its opinion, will best further the purposes of the pretreatment program and shall give written notice of such decisions and orders to the alleged violator. The order issued under this subsection (a) shall be issued no later than thirty (30) days following the close of the hearing by the person or persons designated by the chair;
(7) The decision of the local hearing authority shall become final and binding on all parties unless appealed to the courts as provided in subsection (b); and
(8) Any person to whom an emergency order is directed pursuant to § 69-3-123 shall comply with the emergency order immediately, but on petition to the local hearing authority shall be afforded a hearing as soon as possible, but in no case shall such hearing be held later than three (3) days from the receipt of such petition by the local hearing authority.
(b) An appeal may be taken from any final order or other final determination of the local hearing authority by any party, including the pretreatment agency, who is or may be adversely affected thereby, to the chancery court pursuant to the common law writ of certiorari set out in § 27-8-101 , within sixty (60) days from the date such order or determination is made.
Acts 1987, ch. 111, § 3.
Tenn. Code Ann. § 69-5-104 — TN Code / Title 69 / Chapter 5 / Section 69-5-104
Qualifications of petitioners
Status: in_force

The petition shall be signed by persons who own a majority of the acreage to be included in the proposed district. Acts 1923, ch. 20, § 2; 1925, ch. 26, §§ 1, 2; Shan. Supp., § 3871a9; mod. Code 1932, § 4218a; Acts 1953, ch. 23, § 1; T.C.A. (orig. ed.), §70-704; T.C.A. § 69-6-104 .
The petition shall be signed by persons who own a majority of the acreage to be included in the proposed district.
Acts 1923, ch. 20, § 2; 1925, ch. 26, §§ 1, 2; Shan. Supp., § 3871a9; mod. Code 1932, § 4218a; Acts 1953, ch. 23, § 1; T.C.A. (orig. ed.), §70-704; T.C.A. § 69-6-104 .
Tenn. Code Ann. § 69-5-119 — TN Code / Title 69 / Chapter 5 / Section 69-5-119
Plan approval or rejection
Status: in_force

Upon the filing of the return of the engineer, the county court shall examine the return, and if the plan seems to be expedient and meets the approval of the court, it shall order the county clerk to cause notice to be given, as provided in this part, but if it does not appear to be expedient, or is not approved, the court is authorized to direct the engineer, or another engineer selected by it, to prepare another plan. If the court should deem the proposed improvement inexpedient or inadvisable, after an examination of the return of the engineer, or after a second or further return, it may dismiss the petition and proceedings, and, in that event, it shall adjudge all costs and expenses incurred against the petitioners and the sureties on the bond. Acts 1909, ch. 185, §4; Shan., § 3871a25; mod. Code 1932, § 4234; T.C.A. (orig. ed.), § 70-723; T.C.A. § 69-6-119 .
Upon the filing of the return of the engineer, the county court shall examine the return, and if the plan seems to be expedient and meets the approval of the court, it shall order the county clerk to cause notice to be given, as provided in this part, but if it does not appear to be expedient, or is not approved, the court is authorized to direct the engineer, or another engineer selected by it, to prepare another plan. If the court should deem the proposed improvement inexpedient or inadvisable, after an examination of the return of the engineer, or after a second or further return, it may dismiss the petition and proceedings, and, in that event, it shall adjudge all costs and expenses incurred against the petitioners and the sureties on the bond.
Acts 1909, ch. 185, §4; Shan., § 3871a25; mod. Code 1932, § 4234; T.C.A. (orig. ed.), § 70-723; T.C.A. § 69-6-119 .
Tenn. Code Ann. § 69-6-113 — TN Code / Title 69 / Chapter 6 / Section 69-6-113
Officers of district - Duties - Treasurer's bond
Status: in_force

(a) (1) The officers of the district shall be a president, vice president, secretary and treasurer. (2) The president presides over all meetings of the board and serves as chief executive officer of the district. (3) The vice president presides in the absence of the president and performs other duties as may be prescribed by the board. (4) The secretary keeps a full and accurate record of all the proceedings concerning the district and records of the district. (5) The treasurer is the custodian of all funds of the district. The treasurer shall make bond, secured by a corporate surety, to safeguard all funds coming into the treasurer's hands, in such amount as shall be prescribed by the board of directors. The premium upon the bond shall be paid by the district. (b) All checks for expenditures shall be signed by the treasurer and countersigned by the president. (c) The duties of secretary and treasurer may be combined in one (1) person, to be designated as secretary-treasurer. Acts 1955, ch. 112, § 8; T.C.A., § 70-1813; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-113.
(a) (1) The officers of the district shall be a president, vice president, secretary and treasurer. (2) The president presides over all meetings of the board and serves as chief executive officer of the district. (3) The vice president presides in the absence of the president and performs other duties as may be prescribed by the board. (4) The secretary keeps a full and accurate record of all the proceedings concerning the district and records of the district. (5) The treasurer is the custodian of all funds of the district. The treasurer shall make bond, secured by a corporate surety, to safeguard all funds coming into the treasurer's hands, in such amount as shall be prescribed by the board of directors. The premium upon the bond shall be paid by the district.
(1) The officers of the district shall be a president, vice president, secretary and treasurer.
(2) The president presides over all meetings of the board and serves as chief executive officer of the district.
(3) The vice president presides in the absence of the president and performs other duties as may be prescribed by the board.
(4) The secretary keeps a full and accurate record of all the proceedings concerning the district and records of the district.
(5) The treasurer is the custodian of all funds of the district. The treasurer shall make bond, secured by a corporate surety, to safeguard all funds coming into the treasurer's hands, in such amount as shall be prescribed by the board of directors. The premium upon the bond shall be paid by the district.
(b) All checks for expenditures shall be signed by the treasurer and countersigned by the president.
(c) The duties of secretary and treasurer may be combined in one (1) person, to be designated as secretary-treasurer.
Acts 1955, ch. 112, § 8; T.C.A., § 70-1813; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-113.
Tenn. Code Ann. § 69-5-402 — TN Code / Title 69 / Chapter 5 / Section 69-5-402
Mistake in number of acres - Notice - Hearing - Decree
Status: in_force

Upon the filing of such petition, the county clerk shall give at least ten (10) days' written notice to all the directors of the district of the filing of the petition and at any time after twenty (20) days from the service of such notice on the directors the matter may be heard by the court, either upon oral testimony or upon depositions or on documentary evidence and on all the records in the cause, or on all such evidence, and the court shall render decree according to the merits of the controversy. Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b2; Code 1932, §4270; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1002; T.C.A. § 69-6-402.
Upon the filing of such petition, the county clerk shall give at least ten (10) days' written notice to all the directors of the district of the filing of the petition and at any time after twenty (20) days from the service of such notice on the directors the matter may be heard by the court, either upon oral testimony or upon depositions or on documentary evidence and on all the records in the cause, or on all such evidence, and the court shall render decree according to the merits of the controversy.
Acts 1921, ch. 144, § 1; Shan. Supp., § 3871a51b2; Code 1932, §4270; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 70-1002; T.C.A. § 69-6-402.
Tenn. Code Ann. § 69-3-119 — TN Code / Title 69 / Chapter 3 / Section 69-3-119
Disposition of fees, penalties and damages
Status: in_force

All fees, penalties, and damages assessed and collected under this part shall be placed in a special fund and earmarked, allocated, and appropriated to the division for the purpose of complying with this part. Any unexpended balance of the special fund in any fiscal year shall revert to the general fund. Acts 1971, ch. 164, § 18; 1971, ch. 386, § 9; 1977, ch. 366, § 1; T.C.A., § 70-341; Acts 1984, ch. 804, § 11; 1992, ch. 693, § 1.
All fees, penalties, and damages assessed and collected under this part shall be placed in a special fund and earmarked, allocated, and appropriated to the division for the purpose of complying with this part. Any unexpended balance of the special fund in any fiscal year shall revert to the general fund.
Acts 1971, ch. 164, § 18; 1971, ch. 386, § 9; 1977, ch. 366, § 1; T.C.A., § 70-341; Acts 1984, ch. 804, § 11; 1992, ch. 693, § 1.
Tenn. Code Ann. § 69-9-215 — TN Code / Title 69 / Chapter 9 / Section 69-9-215
Liability of owners or operators
Status: in_force

(a) (1) The owner of a vessel, other than a bona fide person engaged in the business of renting boats or a person engaged in the business of selling, repairing or manufacturing boats, that loans a boat to a consumer or potential consumer on a temporary basis, shall be liable for any injury or damage occasioned by the negligent operation of that vessel, whether such negligence consists of a violation of the laws of this state, or neglecting to observe such ordinary care and such operation as the rules of the common law require. (2) The operator of a boat that has been rented from a person engaged in the business of renting boats or that is on temporary loan from a person engaged in the business of selling, repairing, or manufacturing boats shall be liable for any injury or damage occasioned by the negligent operation of that vessel, whether such negligence consists of a violation of the laws of this state or neglecting to observe such ordinary care and such operation as the rules of the common law require. (3) Nothing contained in subdivisions (a)(1) and (2) shall prohibit the application of common law liability as a basis for liability of a bona fide person engaged in the business of renting boats or a person engaged in the business of selling, repairing or manufacturing boats that loans a boat to a consumer or potential consumer on a temporary basis for injury or damages occasioned by the negligent operation of that vessel. (b) (1) The owner is not liable, however, unless such vessel is being used with the owner's express or implied consent. It shall be presumed that such vessel is being operated with the knowledge and consent of the owner, if at the time of the injury or damage, it is under the control of the owner's spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family. (2) In all actions for injury to persons or property caused by the negligent operation or use of any boat, vessel or motor propelled watercraft within this state, proof of ownership of such vessel shall be prima facie evidence that such vessel at the time of the cause of action was being operated and used with authority, consent and knowledge of the owner in the transaction out of which such injury or cause of action arose, and such proof of ownership likewise shall be prima facie evidence that such vessel was being operated by the owner, or by the owner's servant, for the owner's use and benefit and within the course and scope of the servant's employment. The prima facie evidence provisions of this subdivision (b)(2) shall also apply in cases of the negligent operation of a vessel being test-driven by a prospective purchaser with the knowledge and consent of the seller or the seller's agent whether or not the seller or the seller's agent is present in the vessel at the time of the alleged negligent operation. This section is intended to be remedial and it is the legislative intent that it be given a liberal construction. (c) Nothing contained in this section shall be construed to relieve any other person from any liability that that person would otherwise have, but nothing contained in this section shall be construed to authorize or permit any recovery in excess of injury or damage actually incurred. (d) This chapter shall not be construed to affect any rights accorded owners under the laws of the United States. Acts 1965, ch. 334, § 20; T.C.A., § 70-2220; T.C.A. §69-10-215; Acts 2005, ch. 238, §§ 1, 2.
(a) (1) The owner of a vessel, other than a bona fide person engaged in the business of renting boats or a person engaged in the business of selling, repairing or manufacturing boats, that loans a boat to a consumer or potential consumer on a temporary basis, shall be liable for any injury or damage occasioned by the negligent operation of that vessel, whether such negligence consists of a violation of the laws of this state, or neglecting to observe such ordinary care and such operation as the rules of the common law require. (2) The operator of a boat that has been rented from a person engaged in the business of renting boats or that is on temporary loan from a person engaged in the business of selling, repairing, or manufacturing boats shall be liable for any injury or damage occasioned by the negligent operation of that vessel, whether such negligence consists of a violation of the laws of this state or neglecting to observe such ordinary care and such operation as the rules of the common law require. (3) Nothing contained in subdivisions (a)(1) and (2) shall prohibit the application of common law liability as a basis for liability of a bona fide person engaged in the business of renting boats or a person engaged in the business of selling, repairing or manufacturing boats that loans a boat to a consumer or potential consumer on a temporary basis for injury or damages occasioned by the negligent operation of that vessel.
(1) The owner of a vessel, other than a bona fide person engaged in the business of renting boats or a person engaged in the business of selling, repairing or manufacturing boats, that loans a boat to a consumer or potential consumer on a temporary basis, shall be liable for any injury or damage occasioned by the negligent operation of that vessel, whether such negligence consists of a violation of the laws of this state, or neglecting to observe such ordinary care and such operation as the rules of the common law require.
(2) The operator of a boat that has been rented from a person engaged in the business of renting boats or that is on temporary loan from a person engaged in the business of selling, repairing, or manufacturing boats shall be liable for any injury or damage occasioned by the negligent operation of that vessel, whether such negligence consists of a violation of the laws of this state or neglecting to observe such ordinary care and such operation as the rules of the common law require.
(3) Nothing contained in subdivisions (a)(1) and (2) shall prohibit the application of common law liability as a basis for liability of a bona fide person engaged in the business of renting boats or a person engaged in the business of selling, repairing or manufacturing boats that loans a boat to a consumer or potential consumer on a temporary basis for injury or damages occasioned by the negligent operation of that vessel.
(b) (1) The owner is not liable, however, unless such vessel is being used with the owner's express or implied consent. It shall be presumed that such vessel is being operated with the knowledge and consent of the owner, if at the time of the injury or damage, it is under the control of the owner's spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family. (2) In all actions for injury to persons or property caused by the negligent operation or use of any boat, vessel or motor propelled watercraft within this state, proof of ownership of such vessel shall be prima facie evidence that such vessel at the time of the cause of action was being operated and used with authority, consent and knowledge of the owner in the transaction out of which such injury or cause of action arose, and such proof of ownership likewise shall be prima facie evidence that such vessel was being operated by the owner, or by the owner's servant, for the owner's use and benefit and within the course and scope of the servant's employment. The prima facie evidence provisions of this subdivision (b)(2) shall also apply in cases of the negligent operation of a vessel being test-driven by a prospective purchaser with the knowledge and consent of the seller or the seller's agent whether or not the seller or the seller's agent is present in the vessel at the time of the alleged negligent operation. This section is intended to be remedial and it is the legislative intent that it be given a liberal construction.
(1) The owner is not liable, however, unless such vessel is being used with the owner's express or implied consent. It shall be presumed that such vessel is being operated with the knowledge and consent of the owner, if at the time of the injury or damage, it is under the control of the owner's spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family.
(2) In all actions for injury to persons or property caused by the negligent operation or use of any boat, vessel or motor propelled watercraft within this state, proof of ownership of such vessel shall be prima facie evidence that such vessel at the time of the cause of action was being operated and used with authority, consent and knowledge of the owner in the transaction out of which such injury or cause of action arose, and such proof of ownership likewise shall be prima facie evidence that such vessel was being operated by the owner, or by the owner's servant, for the owner's use and benefit and within the course and scope of the servant's employment. The prima facie evidence provisions of this subdivision (b)(2) shall also apply in cases of the negligent operation of a vessel being test-driven by a prospective purchaser with the knowledge and consent of the seller or the seller's agent whether or not the seller or the seller's agent is present in the vessel at the time of the alleged negligent operation. This section is intended to be remedial and it is the legislative intent that it be given a liberal construction.
(c) Nothing contained in this section shall be construed to relieve any other person from any liability that that person would otherwise have, but nothing contained in this section shall be construed to authorize or permit any recovery in excess of injury or damage actually incurred.
(d) This chapter shall not be construed to affect any rights accorded owners under the laws of the United States.
Acts 1965, ch. 334, § 20; T.C.A., § 70-2220; T.C.A. §69-10-215; Acts 2005, ch. 238, §§ 1, 2.
Tenn. Code Ann. § 69-5-808 — TN Code / Title 69 / Chapter 5 / Section 69-5-808
Bond upon appeal
Status: in_force

(a) Any landowner, tenant, or encumbrancer who appeals from an order fixing the assessment of benefits shall execute bond, with security, for costs and damages, and the oath provided by law for poor persons shall not be allowed in lieu of any such bonds. (b) Such appeal shall not prevent the collection of such assessments being proceeded with, nor stay such collection in any way, if the district or any petitioner for the appeal execute bond, with good security, payable to such appellant, and conditioned to hold such appellant harmless against loss, and to abide by and perform the judgment of the court, if such appeal is successfully prosecuted. (c) Such bond, if given by the district, may be executed as provided by § 69-5-503 ; and such bond to hold harmless, may be executed before and accepted by the county clerk at any time after such appeal is perfected by the landowner, tenant, or encumbrancer, and a certified copy of the same shall be sent to the circuit court. Acts 1913 (1st Ex. Sess.), ch. 25, § 6; Shan., §§ 3871a70-3871a72; Code 1932, §§ 4298-4300; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), §§ 70-1308 -- 70-1310; T.C.A. § 69-6-808.
(a) Any landowner, tenant, or encumbrancer who appeals from an order fixing the assessment of benefits shall execute bond, with security, for costs and damages, and the oath provided by law for poor persons shall not be allowed in lieu of any such bonds.
(b) Such appeal shall not prevent the collection of such assessments being proceeded with, nor stay such collection in any way, if the district or any petitioner for the appeal execute bond, with good security, payable to such appellant, and conditioned to hold such appellant harmless against loss, and to abide by and perform the judgment of the court, if such appeal is successfully prosecuted.
(c) Such bond, if given by the district, may be executed as provided by § 69-5-503 ; and such bond to hold harmless, may be executed before and accepted by the county clerk at any time after such appeal is perfected by the landowner, tenant, or encumbrancer, and a certified copy of the same shall be sent to the circuit court.
Acts 1913 (1st Ex. Sess.), ch. 25, § 6; Shan., §§ 3871a70-3871a72; Code 1932, §§ 4298-4300; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), §§ 70-1308 -- 70-1310; T.C.A. § 69-6-808.
Tenn. Code Ann. § 69-5-914 — TN Code / Title 69 / Chapter 5 / Section 69-5-914
Multi-county districts - Payment by bond or coupon
Status: in_force

Where a drainage district is situated in more than one (1) county, it is the duty of the trustee of any county in which such district lies to accept coupons or bonds, or both, issued by such district in settlement of assessments levied against lands embraced in that portion of the district located in the trustee's county. It is lawful for any coupons or bonds, or both, so accepted in payment of assessments to be used by the trustee of any county in making a full settlement with the trustee of the county in which the district originated, such accounting in coupons or bonds, or both, to be considered and handled in all respects as a cash transaction. Acts 1933, ch. 132, § 4; C. Supp. 1950, § 4292.4; T.C.A. (orig. ed.), § 70-1414; T.C.A. § 69-6-914.
Where a drainage district is situated in more than one (1) county, it is the duty of the trustee of any county in which such district lies to accept coupons or bonds, or both, issued by such district in settlement of assessments levied against lands embraced in that portion of the district located in the trustee's county. It is lawful for any coupons or bonds, or both, so accepted in payment of assessments to be used by the trustee of any county in making a full settlement with the trustee of the county in which the district originated, such accounting in coupons or bonds, or both, to be considered and handled in all respects as a cash transaction.
Acts 1933, ch. 132, § 4; C. Supp. 1950, § 4292.4; T.C.A. (orig. ed.), § 70-1414; T.C.A. § 69-6-914.
Tenn. Code Ann. § 69-6-118 — TN Code / Title 69 / Chapter 6 / Section 69-6-118
Corporate nature of district - Powers
Status: in_force

(a) Each watershed district incorporated under this chapter is a body politic and corporate and has the following powers necessary for carrying out the purposes set forth in this chapter to: (1) Adopt a seal; (2) Sue and be sued by its corporate name; (3) Purchase, hold, sell and convey land and personal property, and execute such contracts as may be deemed necessary or convenient by its board of directors to enable it to properly carry out the purposes for which organized; (4) Conserve soil and water and to retard floods and develop the water resources of the district; (5) Contract for the construction of proposed works and improvements; (6) Employ such professional services and other assistance as are by its board deemed essential; (7) Construct any drainage works or improvements; to construct any works or improvements for the control, retention, diversion, or utilization of water; retard runoff of water and soil erosion; construct ditches, channel improvements, dikes, levees, flood prevention reservoirs, water conservation reservoirs, or irrigation reservoirs or facilities, parks, and other recreational facilities, and repair, improve and maintain any of such improvements or structures; (8) Acquire personal property by gift or purchase; (9) Acquire land, or any interest in land, including leasehold interests, by gift or purchase; (10) Issue bonds and incur indebtedness within the prescribed limitations of this chapter; (11) Cooperate and contract with persons, firms, associations, partnerships and private corporations, and with other watershed districts, drainage districts, counties, conservation districts, levee districts, counties, cities, quasi-municipalities, utility districts, and other similar corporations or agencies of this state, and with any such districts or agencies organized for similar purposes in any adjoining state, and with other local, state and federal agencies, including, but not limited to, the Tennessee department of agriculture, department of environment and conservation, Tennessee Valley authority, corps of army engineers, the secretary of defense, United States department of agriculture, or any other federal agency, and to enter into cooperative contracts and agreements with any such districts, corporations or agencies; (12) Extend district boundaries or merge with adjoining watershed or drainage districts in accordance with the procedure provided in this chapter; (13) Select a residence or home office for the watershed district, which shall be at a place designated by the board; (14) Exercise all the powers or receive all benefits, or both, relating to watershed districts prescribed in any other act of congress; (15) Exercise all the powers conferred upon levee and drainage districts by chapter 5 of this title; (16) Receive contributions or grants from counties, cities and towns, or from any state or federal agency, or from any other source; (17) Acquire water rights and distribute or sell water for irrigation or for other purposes, either within or without the district; (18) Provide recreational facilities; (19) Lease district-owned lands for agricultural or other purposes; (20) Contract for all materials, supplies, equipment, personnel, and services necessary for the proper administration of the district; (21) Expend funds for any purpose set forth in this chapter; (22) Take such steps as deemed necessary by its board of directors for the promotion and protection of public health within the boundaries of the district, and enter into agreements with private nonprofit corporations, the department of environment and conservation, or any local public health unit, the state stream pollution board, or any other federal, state or local agency for that purpose; (23) Take such steps as deemed necessary for fire prevention, and for this purpose to enter into cooperative agreements with the department of environment and conservation, or any other federal, state or local agency; and (24) Make all needful rules, regulations and bylaws for the management and conduct of the affairs of the district and of the board. (b) None of the powers enumerated in subsection (a) shall be exhausted by use but shall be continuous and perpetual throughout the life of the district. (c) A watershed district may not regulate or impose any permitting requirements on any facility or improvement that is subject to the requirements of title 59; title 68, chapter 201, 202, 211, 212, 213, 215, or 221; or chapter 3 of this title. No permit for any solid waste management facility shall be issued by the commissioner of environment and conservation before eighteen (18) months after April 30, 1993, for any site located within the boundaries of a watershed district whose charter was issued on or before October 5, 1990, where the watershed district is located within a metropolitan government having a population of over one hundred thousand (100,000), until such time as the board of the watershed district approves the location of the solid waste management facility. A watershed district may not limit any acceptable and commonly used agricultural practice as recognized by Tennessee's Land Grant University School of Agriculture. Acts 1955, ch. 112, § 13; T.C.A., § 70-1818; Acts 1992, ch. 693, §1; 1993, ch. 254, §§ 1-4; T.C.A. § 69-7-118; Acts 2006, ch. 863, § 11.
(a) Each watershed district incorporated under this chapter is a body politic and corporate and has the following powers necessary for carrying out the purposes set forth in this chapter to: (1) Adopt a seal; (2) Sue and be sued by its corporate name; (3) Purchase, hold, sell and convey land and personal property, and execute such contracts as may be deemed necessary or convenient by its board of directors to enable it to properly carry out the purposes for which organized; (4) Conserve soil and water and to retard floods and develop the water resources of the district; (5) Contract for the construction of proposed works and improvements; (6) Employ such professional services and other assistance as are by its board deemed essential; (7) Construct any drainage works or improvements; to construct any works or improvements for the control, retention, diversion, or utilization of water; retard runoff of water and soil erosion; construct ditches, channel improvements, dikes, levees, flood prevention reservoirs, water conservation reservoirs, or irrigation reservoirs or facilities, parks, and other recreational facilities, and repair, improve and maintain any of such improvements or structures; (8) Acquire personal property by gift or purchase; (9) Acquire land, or any interest in land, including leasehold interests, by gift or purchase; (10) Issue bonds and incur indebtedness within the prescribed limitations of this chapter; (11) Cooperate and contract with persons, firms, associations, partnerships and private corporations, and with other watershed districts, drainage districts, counties, conservation districts, levee districts, counties, cities, quasi-municipalities, utility districts, and other similar corporations or agencies of this state, and with any such districts or agencies organized for similar purposes in any adjoining state, and with other local, state and federal agencies, including, but not limited to, the Tennessee department of agriculture, department of environment and conservation, Tennessee Valley authority, corps of army engineers, the secretary of defense, United States department of agriculture, or any other federal agency, and to enter into cooperative contracts and agreements with any such districts, corporations or agencies; (12) Extend district boundaries or merge with adjoining watershed or drainage districts in accordance with the procedure provided in this chapter; (13) Select a residence or home office for the watershed district, which shall be at a place designated by the board; (14) Exercise all the powers or receive all benefits, or both, relating to watershed districts prescribed in any other act of congress; (15) Exercise all the powers conferred upon levee and drainage districts by chapter 5 of this title; (16) Receive contributions or grants from counties, cities and towns, or from any state or federal agency, or from any other source; (17) Acquire water rights and distribute or sell water for irrigation or for other purposes, either within or without the district; (18) Provide recreational facilities; (19) Lease district-owned lands for agricultural or other purposes; (20) Contract for all materials, supplies, equipment, personnel, and services necessary for the proper administration of the district; (21) Expend funds for any purpose set forth in this chapter; (22) Take such steps as deemed necessary by its board of directors for the promotion and protection of public health within the boundaries of the district, and enter into agreements with private nonprofit corporations, the department of environment and conservation, or any local public health unit, the state stream pollution board, or any other federal, state or local agency for that purpose; (23) Take such steps as deemed necessary for fire prevention, and for this purpose to enter into cooperative agreements with the department of environment and conservation, or any other federal, state or local agency; and (24) Make all needful rules, regulations and bylaws for the management and conduct of the affairs of the district and of the board.
(1) Adopt a seal;
(2) Sue and be sued by its corporate name;
(3) Purchase, hold, sell and convey land and personal property, and execute such contracts as may be deemed necessary or convenient by its board of directors to enable it to properly carry out the purposes for which organized;
(4) Conserve soil and water and to retard floods and develop the water resources of the district;
(5) Contract for the construction of proposed works and improvements;
(6) Employ such professional services and other assistance as are by its board deemed essential;
(7) Construct any drainage works or improvements; to construct any works or improvements for the control, retention, diversion, or utilization of water; retard runoff of water and soil erosion; construct ditches, channel improvements, dikes, levees, flood prevention reservoirs, water conservation reservoirs, or irrigation reservoirs or facilities, parks, and other recreational facilities, and repair, improve and maintain any of such improvements or structures;
(8) Acquire personal property by gift or purchase;
(9) Acquire land, or any interest in land, including leasehold interests, by gift or purchase;
(10) Issue bonds and incur indebtedness within the prescribed limitations of this chapter;
(11) Cooperate and contract with persons, firms, associations, partnerships and private corporations, and with other watershed districts, drainage districts, counties, conservation districts, levee districts, counties, cities, quasi-municipalities, utility districts, and other similar corporations or agencies of this state, and with any such districts or agencies organized for similar purposes in any adjoining state, and with other local, state and federal agencies, including, but not limited to, the Tennessee department of agriculture, department of environment and conservation, Tennessee Valley authority, corps of army engineers, the secretary of defense, United States department of agriculture, or any other federal agency, and to enter into cooperative contracts and agreements with any such districts, corporations or agencies;
(12) Extend district boundaries or merge with adjoining watershed or drainage districts in accordance with the procedure provided in this chapter;
(13) Select a residence or home office for the watershed district, which shall be at a place designated by the board;
(14) Exercise all the powers or receive all benefits, or both, relating to watershed districts prescribed in any other act of congress;
(15) Exercise all the powers conferred upon levee and drainage districts by chapter 5 of this title;
(16) Receive contributions or grants from counties, cities and towns, or from any state or federal agency, or from any other source;
(17) Acquire water rights and distribute or sell water for irrigation or for other purposes, either within or without the district;
(18) Provide recreational facilities;
(19) Lease district-owned lands for agricultural or other purposes;
(20) Contract for all materials, supplies, equipment, personnel, and services necessary for the proper administration of the district;
(21) Expend funds for any purpose set forth in this chapter;
(22) Take such steps as deemed necessary by its board of directors for the promotion and protection of public health within the boundaries of the district, and enter into agreements with private nonprofit corporations, the department of environment and conservation, or any local public health unit, the state stream pollution board, or any other federal, state or local agency for that purpose;
(23) Take such steps as deemed necessary for fire prevention, and for this purpose to enter into cooperative agreements with the department of environment and conservation, or any other federal, state or local agency; and
(24) Make all needful rules, regulations and bylaws for the management and conduct of the affairs of the district and of the board.
(b) None of the powers enumerated in subsection (a) shall be exhausted by use but shall be continuous and perpetual throughout the life of the district.
(c) A watershed district may not regulate or impose any permitting requirements on any facility or improvement that is subject to the requirements of title 59; title 68, chapter 201, 202, 211, 212, 213, 215, or 221; or chapter 3 of this title. No permit for any solid waste management facility shall be issued by the commissioner of environment and conservation before eighteen (18) months after April 30, 1993, for any site located within the boundaries of a watershed district whose charter was issued on or before October 5, 1990, where the watershed district is located within a metropolitan government having a population of over one hundred thousand (100,000), until such time as the board of the watershed district approves the location of the solid waste management facility. A watershed district may not limit any acceptable and commonly used agricultural practice as recognized by Tennessee's Land Grant University School of Agriculture.
Acts 1955, ch. 112, § 13; T.C.A., § 70-1818; Acts 1992, ch. 693, §1; 1993, ch. 254, §§ 1-4; T.C.A. § 69-7-118; Acts 2006, ch. 863, § 11.
Tenn. Code Ann. § 69-5-120 — TN Code / Title 69 / Chapter 5 / Section 69-5-120
Issuance and service of summons upon approval of plan
Status: in_force

(a) When the plan, if any, has the approval of the court, the court shall order the county clerk to issue a summons, or writ, to the sheriff of the proper county, the writs to run in the name of the state, commanding the sheriff to summon the persons named in the writ to appear before the court on the day set by it for the hearing of the petition. The writ or summons shall name to be served the owners of all the tracts or lots of land not petitioners, within the proposed levee, improvement, or drainage district, as shown by the tax books of the county, or by affidavit filed, and upon the persons in actual occupancy of the lands or lots, and also upon any lienholder or encumbrancers of any land in the proposed district, as shown by the county records, and shall notify them of the pendency of the petition and the prayer of the petition; but no copy of the petition shall accompany the writ. (b) Such writ shall be served at least ten (10) days before the time set for the hearing of the petition; but the writ shall not be issued for or served upon any of the persons described in subsection (a), who shall file with the clerk a statement in writing, signed by the party entering an appearance at the hearing and waiving any additional notice, or the service of the writ may be acknowledged. (c) In case any such owner, lienholder, or encumbrancer is a nonresident of the state, or that person's name or residence cannot be ascertained after diligent inquiry, and these facts are made to appear by affidavit filed, then publication shall be made for such party for two (2) consecutive weeks in some newspaper of the county where the proceeding is pending notifying such party or parties of the pendency and prayer of the petition, and to appear at the time set for the hearing of the petition, the last publication to be at least ten (10) days before the time set for such hearing. Proof of such publication may be made as provided by law in chancery cases. The actual owners, or such encumbrancers, may be made to appear to the clerk by the affidavit of any person acquainted with the facts or by the averments of the petition if sworn to. (d) Such writ, or summons, and the publication notice need not set out in any detail the contents of the petition, or of its prayer. Acts 1909, ch. 185, § 4; 1913 (1st Ex. Sess.), ch. 25, § 2; Shan., §§ 3871a26-3871a29; Code 1932, §§ 4235-4238; T.C.A. (orig. ed.), §§ 70-724 -- 70-727; T.C.A. § 69-6-120 .
(a) When the plan, if any, has the approval of the court, the court shall order the county clerk to issue a summons, or writ, to the sheriff of the proper county, the writs to run in the name of the state, commanding the sheriff to summon the persons named in the writ to appear before the court on the day set by it for the hearing of the petition. The writ or summons shall name to be served the owners of all the tracts or lots of land not petitioners, within the proposed levee, improvement, or drainage district, as shown by the tax books of the county, or by affidavit filed, and upon the persons in actual occupancy of the lands or lots, and also upon any lienholder or encumbrancers of any land in the proposed district, as shown by the county records, and shall notify them of the pendency of the petition and the prayer of the petition; but no copy of the petition shall accompany the writ.
(b) Such writ shall be served at least ten (10) days before the time set for the hearing of the petition; but the writ shall not be issued for or served upon any of the persons described in subsection (a), who shall file with the clerk a statement in writing, signed by the party entering an appearance at the hearing and waiving any additional notice, or the service of the writ may be acknowledged.
(c) In case any such owner, lienholder, or encumbrancer is a nonresident of the state, or that person's name or residence cannot be ascertained after diligent inquiry, and these facts are made to appear by affidavit filed, then publication shall be made for such party for two (2) consecutive weeks in some newspaper of the county where the proceeding is pending notifying such party or parties of the pendency and prayer of the petition, and to appear at the time set for the hearing of the petition, the last publication to be at least ten (10) days before the time set for such hearing. Proof of such publication may be made as provided by law in chancery cases. The actual owners, or such encumbrancers, may be made to appear to the clerk by the affidavit of any person acquainted with the facts or by the averments of the petition if sworn to.
(d) Such writ, or summons, and the publication notice need not set out in any detail the contents of the petition, or of its prayer.
Acts 1909, ch. 185, § 4; 1913 (1st Ex. Sess.), ch. 25, § 2; Shan., §§ 3871a26-3871a29; Code 1932, §§ 4235-4238; T.C.A. (orig. ed.), §§ 70-724 -- 70-727; T.C.A. § 69-6-120 .
Tenn. Code Ann. § 69-1-102 — TN Code / Title 69 / Chapter 1 / Section 69-1-102
Opening and cleaning navigable streams
Status: in_force

The county legislative body is authorized to make contracts for opening or cleaning out any navigable streams within the county, and for keeping them free from obstructions. Code 1858, § 1300 (deriv. Acts 1835-1836, ch. 29, § 1); Shan., § 1809; Code 1932, § 3075; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-102.
The county legislative body is authorized to make contracts for opening or cleaning out any navigable streams within the county, and for keeping them free from obstructions.
Code 1858, § 1300 (deriv. Acts 1835-1836, ch. 29, § 1); Shan., § 1809; Code 1932, § 3075; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-102.
Tenn. Code Ann. § 69-6-133 — TN Code / Title 69 / Chapter 6 / Section 69-6-133
Appointment of commissioners
Status: in_force

If the cost of the proposed improvement is to be raised by special assessment upon the lands to be benefited by the project, the court shall appoint three (3) commissioners who shall be disinterested financially in such proposed project. Acts 1955, ch. 112, § 23; T.C.A., § 70-1833; T.C.A. § 69-7-133.
If the cost of the proposed improvement is to be raised by special assessment upon the lands to be benefited by the project, the court shall appoint three (3) commissioners who shall be disinterested financially in such proposed project.
Acts 1955, ch. 112, § 23; T.C.A., § 70-1833; T.C.A. § 69-7-133.
Tenn. Code Ann. § 69-5-920 — TN Code / Title 69 / Chapter 5 / Section 69-5-920
Refunding bonds authorized - Terms
Status: in_force

For the general purpose of refunding all or any part of the bonded indebtedness, now or hereafter outstanding, of any drainage or levee district now or hereafter organized and existing under any law of this state, whenever in the judgment of the county legislative body of the county in which any such district was organized, it is advisable and for the best interest of the landowners of any such district, or whenever such district is or hereafter shall become unable to pay all or any part of the principal and interest or either the principal or interest of or on its outstanding bonded indebtedness, the county legislative body may issue refunding bonds of such district in an amount that shall not exceed in the aggregate the amount of bonds to be refunded, and the accrued interest on the bonds. Such refunding bonds shall be of such denomination or denominations, shall mature at such time or times, not exceeding forty (40) years from their date, and in such manner, amount or amounts, shall be payable at such place or places, and shall bear such rate of interest payable annually or semiannually as the county legislative body may determine. Such refunding bonds may be exchanged for the bonds to be refunded upon consent of the holders of the bonds, or may be sold at such price and in such manner as the county legislative body may determine. Any expense resulting from the sale or issuance of such refunding bonds may be paid out of any available funds of the district. If the outstanding bonds have not matured, they may be refunded only with the consent of the holder or holders of the bonds, which consent shall be sufficiently evidenced by the surrender of the bonds to be refunded. Such refunding bonds shall be signed by the county mayor and countersigned by the county clerk, under the seal of the county or the seal of such clerk, and the interest coupons attached to the bonds shall be executed by the lithographed facsimile signature of the officials. Acts 1935, ch. 51, § 1; C. Supp. 1950, § 4341.1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36; Acts 1980, ch. 601, § 25; T.C.A. (orig. ed.), §70-1420; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-920.
For the general purpose of refunding all or any part of the bonded indebtedness, now or hereafter outstanding, of any drainage or levee district now or hereafter organized and existing under any law of this state, whenever in the judgment of the county legislative body of the county in which any such district was organized, it is advisable and for the best interest of the landowners of any such district, or whenever such district is or hereafter shall become unable to pay all or any part of the principal and interest or either the principal or interest of or on its outstanding bonded indebtedness, the county legislative body may issue refunding bonds of such district in an amount that shall not exceed in the aggregate the amount of bonds to be refunded, and the accrued interest on the bonds. Such refunding bonds shall be of such denomination or denominations, shall mature at such time or times, not exceeding forty (40) years from their date, and in such manner, amount or amounts, shall be payable at such place or places, and shall bear such rate of interest payable annually or semiannually as the county legislative body may determine. Such refunding bonds may be exchanged for the bonds to be refunded upon consent of the holders of the bonds, or may be sold at such price and in such manner as the county legislative body may determine. Any expense resulting from the sale or issuance of such refunding bonds may be paid out of any available funds of the district. If the outstanding bonds have not matured, they may be refunded only with the consent of the holder or holders of the bonds, which consent shall be sufficiently evidenced by the surrender of the bonds to be refunded. Such refunding bonds shall be signed by the county mayor and countersigned by the county clerk, under the seal of the county or the seal of such clerk, and the interest coupons attached to the bonds shall be executed by the lithographed facsimile signature of the officials.
Acts 1935, ch. 51, § 1; C. Supp. 1950, § 4341.1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36; Acts 1980, ch. 601, § 25; T.C.A. (orig. ed.), §70-1420; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-920.
Tenn. Code Ann. § 69-5-807 — TN Code / Title 69 / Chapter 5 / Section 69-5-807
Appeal from order fixing assessments and benefits
Status: in_force

An appeal may be taken to the circuit court of the county from the order of the county court fixing the assessment of benefits upon the lands in the same manner and time as provided in part 5 of this chapter for appeals from the assessment of damages, including the provisions as to consolidating cases, making transcript, and certifying to the county court the action and doings of the circuit court; provided, that only five (5) days shall be allowed for such appeal. Acts 1909, ch. 185, § 13; 1913 (1st Ex. Sess.), ch. 25, § 6; Shan., § 3871a69; Code 1932, § 4297; T.C.A. (orig. ed.), § 70-1307; T.C.A. § 69-6-807.
An appeal may be taken to the circuit court of the county from the order of the county court fixing the assessment of benefits upon the lands in the same manner and time as provided in part 5 of this chapter for appeals from the assessment of damages, including the provisions as to consolidating cases, making transcript, and certifying to the county court the action and doings of the circuit court; provided, that only five (5) days shall be allowed for such appeal.
Acts 1909, ch. 185, § 13; 1913 (1st Ex. Sess.), ch. 25, § 6; Shan., § 3871a69; Code 1932, § 4297; T.C.A. (orig. ed.), § 70-1307; T.C.A. § 69-6-807.
Tenn. Code Ann. § 69-1-101 — TN Code / Title 69 / Chapter 1 / Section 69-1-101
Navigable waters are highways
Status: in_force

All navigable waters are public highways, including those declared navigable by special law. Code 1858, § 1299; Shan., § 1808; Code 1932, § 3074; T.C.A. (orig. ed.), § 70-101.
All navigable waters are public highways, including those declared navigable by special law.
Code 1858, § 1299; Shan., § 1808; Code 1932, § 3074; T.C.A. (orig. ed.), § 70-101.
Tenn. Code Ann. § 69-9-213 — TN Code / Title 69 / Chapter 9 / Section 69-9-213
Boat liveries
Status: in_force

(a) The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel that is designed or permitted by the owner of the boat livery to be operated as a motorboat, and the identification number of the vessel. The record shall be preserved for at least six (6) months. (b) Neither the owner of a boat livery, nor the owner's agent or employee shall permit any motorboat or any vessel designed or permitted by the owner to be operated as a motorboat or sailboat to depart from the owner's premises unless it shall have been provided either by the owner or renter, with the equipment required by this chapter and any rules and regulations made pursuant to this chapter. Acts 1965, ch. 334, § 18; T.C.A., § 70-2218; T.C.A. § 69-10-213.
(a) The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel that is designed or permitted by the owner of the boat livery to be operated as a motorboat, and the identification number of the vessel. The record shall be preserved for at least six (6) months.
(b) Neither the owner of a boat livery, nor the owner's agent or employee shall permit any motorboat or any vessel designed or permitted by the owner to be operated as a motorboat or sailboat to depart from the owner's premises unless it shall have been provided either by the owner or renter, with the equipment required by this chapter and any rules and regulations made pursuant to this chapter.
Acts 1965, ch. 334, § 18; T.C.A., § 70-2218; T.C.A. § 69-10-213.
Tenn. Code Ann. § 69-7-102 — TN Code / Title 69 / Chapter 7 / Section 69-7-102
General duties of director
Status: in_force

The director of the water resources division is responsible to the commissioner of environment and conservation for the general direction of all matters pertaining to conservation, protection and development of the water resources of the state and the continued study of water resources looking toward the creation and development of a basic, long-range water resource policy for the state, with the exception of the functions relating to the water pollution control exercised by the Tennessee water pollution control board, and such other functions as may otherwise be provided in this part. Acts 1957, ch. 19, § 4; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1963, ch. 169, § 3; 1972, ch. 860, § 2; T.C.A., § 70-2002; T.C.A. § 69-8-102 .
The director of the water resources division is responsible to the commissioner of environment and conservation for the general direction of all matters pertaining to conservation, protection and development of the water resources of the state and the continued study of water resources looking toward the creation and development of a basic, long-range water resource policy for the state, with the exception of the functions relating to the water pollution control exercised by the Tennessee water pollution control board, and such other functions as may otherwise be provided in this part.
Acts 1957, ch. 19, § 4; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1963, ch. 169, § 3; 1972, ch. 860, § 2; T.C.A., § 70-2002; T.C.A. § 69-8-102 .
Tenn. Code Ann. § 69-5-810 — TN Code / Title 69 / Chapter 5 / Section 69-5-810
Special maintenance fund
Status: in_force

(a) (1) At any time after the main improvement or improvements in any district have been completed, it shall be made to appear to the county legislative body, by the petition of the board of directors of the district, supported by satisfactory proof, that a special fund is needed for the purpose of maintaining the improvement, or for the purpose of keeping the same effective to give full efficiency to the original purpose for which the district was created, the county legislative body shall have the power to make and collect a special assessment, for the purpose named. The amount, so assessed and collected, shall not be, in any one (1) year, in excess of one dollar ($1.00) per acre on all the lands within the district. Such assessment shall be based upon the apportionment of benefits, as made by the commissioners, and shall be collected at the same time, and in the same manner, as is provided for the collection of assessments in drainage or drainage and levee districts. (2) The board of directors of the district may petition the county legislative bodies of the counties within a district to make and collect a special assessment. The amount so assessed shall not be, in any one (1) year, in excess of three dollars ($3.00) per acre on all the lands within the district. This petition of the board of directors shall not be effective until it is endorsed and approved by a two-thirds (2/3) vote of each of the county legislative bodies of the counties within a district. The assessment and collection shall otherwise be as provided by law. (b) Such assessment shall be a lien upon the respective tracts of land upon which it is assessed, but inferior to the lien of the general assessment for the payment of bonds, interest, and administration charges. The lien shall be enforced in the same manner as provided for the enforcement of such liens in drainage, or drainage and levee districts. (c) The amounts so collected shall be a fund to be used for the purposes named, and shall be paid out for such purposes, on the order or warrant of the county mayor. Before any such payment is made, all accounts or claims for work done for the purposes named shall be approved by the board of directors of the district, by resolution or motion, spread of record on the minutes of the board, and a copy of the minutes presented to the county legislative body, and approved by the county legislative body, and spread of record of that body on the drainage record. The payments in all respects shall be made as now provided by law for the paying out of drainage funds for main improvements. Acts 1915, ch. 63, §7; Shan., §§ 3871a154-3871a156; Code 1932, §§ 4389-4391; Acts 1953, ch. 24, § 1; 1976, ch. 701, §1; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1981, ch. 134, §1; T.C.A. (orig. ed.), §§70-1312--70-1314; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-810.
(a) (1) At any time after the main improvement or improvements in any district have been completed, it shall be made to appear to the county legislative body, by the petition of the board of directors of the district, supported by satisfactory proof, that a special fund is needed for the purpose of maintaining the improvement, or for the purpose of keeping the same effective to give full efficiency to the original purpose for which the district was created, the county legislative body shall have the power to make and collect a special assessment, for the purpose named. The amount, so assessed and collected, shall not be, in any one (1) year, in excess of one dollar ($1.00) per acre on all the lands within the district. Such assessment shall be based upon the apportionment of benefits, as made by the commissioners, and shall be collected at the same time, and in the same manner, as is provided for the collection of assessments in drainage or drainage and levee districts. (2) The board of directors of the district may petition the county legislative bodies of the counties within a district to make and collect a special assessment. The amount so assessed shall not be, in any one (1) year, in excess of three dollars ($3.00) per acre on all the lands within the district. This petition of the board of directors shall not be effective until it is endorsed and approved by a two-thirds (2/3) vote of each of the county legislative bodies of the counties within a district. The assessment and collection shall otherwise be as provided by law.
(1) At any time after the main improvement or improvements in any district have been completed, it shall be made to appear to the county legislative body, by the petition of the board of directors of the district, supported by satisfactory proof, that a special fund is needed for the purpose of maintaining the improvement, or for the purpose of keeping the same effective to give full efficiency to the original purpose for which the district was created, the county legislative body shall have the power to make and collect a special assessment, for the purpose named. The amount, so assessed and collected, shall not be, in any one (1) year, in excess of one dollar ($1.00) per acre on all the lands within the district. Such assessment shall be based upon the apportionment of benefits, as made by the commissioners, and shall be collected at the same time, and in the same manner, as is provided for the collection of assessments in drainage or drainage and levee districts.
(2) The board of directors of the district may petition the county legislative bodies of the counties within a district to make and collect a special assessment. The amount so assessed shall not be, in any one (1) year, in excess of three dollars ($3.00) per acre on all the lands within the district. This petition of the board of directors shall not be effective until it is endorsed and approved by a two-thirds (2/3) vote of each of the county legislative bodies of the counties within a district. The assessment and collection shall otherwise be as provided by law.
(b) Such assessment shall be a lien upon the respective tracts of land upon which it is assessed, but inferior to the lien of the general assessment for the payment of bonds, interest, and administration charges. The lien shall be enforced in the same manner as provided for the enforcement of such liens in drainage, or drainage and levee districts.
(c) The amounts so collected shall be a fund to be used for the purposes named, and shall be paid out for such purposes, on the order or warrant of the county mayor. Before any such payment is made, all accounts or claims for work done for the purposes named shall be approved by the board of directors of the district, by resolution or motion, spread of record on the minutes of the board, and a copy of the minutes presented to the county legislative body, and approved by the county legislative body, and spread of record of that body on the drainage record. The payments in all respects shall be made as now provided by law for the paying out of drainage funds for main improvements.
Acts 1915, ch. 63, §7; Shan., §§ 3871a154-3871a156; Code 1932, §§ 4389-4391; Acts 1953, ch. 24, § 1; 1976, ch. 701, §1; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1981, ch. 134, §1; T.C.A. (orig. ed.), §§70-1312--70-1314; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-810.
Tenn. Code Ann. § 69-1-105 — TN Code / Title 69 / Chapter 1 / Section 69-1-105
Supervisor of water improvements - Duties
Status: in_force

Every county legislative body may appoint a supervisor to visit the improvements made on the navigable streams in the county, at least once in every year, and make diligent inquiry into all offenses committed in regard to the streams, and institute proceedings against such offenses. Code 1858, § 1303; Shan., § 1812; Code 1932, § 3078; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-105.
Every county legislative body may appoint a supervisor to visit the improvements made on the navigable streams in the county, at least once in every year, and make diligent inquiry into all offenses committed in regard to the streams, and institute proceedings against such offenses.
Code 1858, § 1303; Shan., § 1812; Code 1932, § 3078; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-105.
Tenn. Code Ann. § 69-5-710 — TN Code / Title 69 / Chapter 5 / Section 69-5-710
Warrant for balance due upon completion of work
Status: in_force

When the work is completed to the satisfaction of the board of directors and the engineer, and so certified by the engineer and the board, and such certificate is filed with the county clerk, then the county mayor shall draw a warrant in favor of the contractor for the balance due. Acts 1909, ch. 185, § 20; Shan., § 3871a90; Code 1932, §4318; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1216; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-710.
When the work is completed to the satisfaction of the board of directors and the engineer, and so certified by the engineer and the board, and such certificate is filed with the county clerk, then the county mayor shall draw a warrant in favor of the contractor for the balance due.
Acts 1909, ch. 185, § 20; Shan., § 3871a90; Code 1932, §4318; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §70-1216; Acts 2003 , ch. 90, § 2; T.C.A. § 69-6-710.
Tenn. Code Ann. § 69-5-911 — TN Code / Title 69 / Chapter 5 / Section 69-5-911
Prepayment of deferred installments
Status: in_force

Any landowner owning land, upon which there now exists special assessments levied by any drainage district organized under the laws of this state, has the option, upon any date upon which the landowner pays such special assessments, to pay all or any part of the unmatured amount assessed against the tract or tracts of land owned by the landowner; provided, that no rebate or reduction shall be made for unearned interest upon such assessments. Acts 1933, ch. 132, § 1; mod. C. Supp. 1950, § 4292.1; T.C.A. (orig. ed.), § 70-1411; T.C.A. § 69-6-911.
Any landowner owning land, upon which there now exists special assessments levied by any drainage district organized under the laws of this state, has the option, upon any date upon which the landowner pays such special assessments, to pay all or any part of the unmatured amount assessed against the tract or tracts of land owned by the landowner; provided, that no rebate or reduction shall be made for unearned interest upon such assessments.
Acts 1933, ch. 132, § 1; mod. C. Supp. 1950, § 4292.1; T.C.A. (orig. ed.), § 70-1411; T.C.A. § 69-6-911.
Tenn. Code Ann. § 69-9-507 — TN Code / Title 69 / Chapter 9 / Section 69-9-507
Towing safety - Rearview mirrors
Status: in_force

(a) No person shall utilize a personal watercraft to tow a person or persons on water skis or other water sport devices unless the personal watercraft has an observer on board, at least twelve (12) years of age, who can constantly observe the person or persons being towed, or it is equipped with rearview mirrors meeting the specifications established by statute or regulation of the commission. (b) The specifications for rearview mirrors on personal watercraft used for towing any person shall be as follows: Each mirror shall contain a minimum viewing size of sixty-five (65) square centimeters (10 sq. in.), a minimum viewing area height of sixty-four (64) millimeters (2.5 in.), and minimum viewing area width of one hundred (100) millimeters (4.0 in.). The mirrors shall be mounted or attached on both the right and left sides of the personal watercraft so as to provide the maximum rearward observation by the operator. Mirrors shall not be mounted or attached to the steering mechanism of the personal watercraft. The minimum combined viewing area of both mirrors shall be one hundred thirty (130) square centimeters (20 sq. in.). (c) It is a Class A misdemeanor to tow any person by personal watercraft unless the watercraft meets all of these specifications. Acts 1996, ch. 808, §§ 1, 2; 2000, ch. 595, § 1; T.C.A. § 69-10-507.
(a) No person shall utilize a personal watercraft to tow a person or persons on water skis or other water sport devices unless the personal watercraft has an observer on board, at least twelve (12) years of age, who can constantly observe the person or persons being towed, or it is equipped with rearview mirrors meeting the specifications established by statute or regulation of the commission.
(b) The specifications for rearview mirrors on personal watercraft used for towing any person shall be as follows: Each mirror shall contain a minimum viewing size of sixty-five (65) square centimeters (10 sq. in.), a minimum viewing area height of sixty-four (64) millimeters (2.5 in.), and minimum viewing area width of one hundred (100) millimeters (4.0 in.). The mirrors shall be mounted or attached on both the right and left sides of the personal watercraft so as to provide the maximum rearward observation by the operator. Mirrors shall not be mounted or attached to the steering mechanism of the personal watercraft. The minimum combined viewing area of both mirrors shall be one hundred thirty (130) square centimeters (20 sq. in.).
(c) It is a Class A misdemeanor to tow any person by personal watercraft unless the watercraft meets all of these specifications.
Acts 1996, ch. 808, §§ 1, 2; 2000, ch. 595, § 1; T.C.A. § 69-10-507.
Tenn. Code Ann. § 69-5-828 — TN Code / Title 69 / Chapter 5 / Section 69-5-828
Attorney's fee fixed and charged on land
Status: in_force

In proceedings in chancery court pursuant to this part, the attorney or solicitor employed and attending to the suit shall be allowed as a fee ten percent (10%) of the amount found due as an assessment or assessments on each tract of land decreed sold, which fee shall be charged up in the decree as part of the judgment for which the land is to be sold. Acts 1909, ch. 185, § 33; Shan., § 3871a131; Code 1932, § 4363; T.C.A. (orig. ed.), § 70-1332; T.C.A. § 69-6-828.
In proceedings in chancery court pursuant to this part, the attorney or solicitor employed and attending to the suit shall be allowed as a fee ten percent (10%) of the amount found due as an assessment or assessments on each tract of land decreed sold, which fee shall be charged up in the decree as part of the judgment for which the land is to be sold.
Acts 1909, ch. 185, § 33; Shan., § 3871a131; Code 1932, § 4363; T.C.A. (orig. ed.), § 70-1332; T.C.A. § 69-6-828.
Tenn. Code Ann. § 69-6-107 — TN Code / Title 69 / Chapter 6 / Section 69-6-107
Organizational meeting - Establishing the district
Status: in_force

(a) Upon receiving notification of the sufficiency of the petition from the Tennessee soil and water conservation commission, the acting chair of the board of the proposed district shall call a meeting of the board by mailing a written notice, fixing the time and place of such meeting, to each member of the board at least five (5) days in advance of the time so fixed, unless such notice is duly waived. In addition, the chair shall post a copy of the notice at a conspicuous place at the courthouse door of each county in which any part of the proposed district is located. (b) The members of the board named in the petition have all powers necessary in matters looking to the establishment of the district and, upon the establishment of the district, shall continue to serve as directors until their successors are duly elected and qualified. (c) The members of the board shall meet at the time and place fixed in such notice for the purpose of electing from their number a president, a vice president, a secretary and a treasurer, and for the purpose of calling, by resolution, an election of the voters in the district, as defined in this chapter, for the purpose of submitting to the voters the question of whether the district shall be organized and created in accordance with the petition. Amended by 2021 Tenn. Acts, ch. 203, s 24, eff. 4/22/2021. Acts 1955, ch. 112, § 6; T.C.A., § 70-1807; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-107.
(a) Upon receiving notification of the sufficiency of the petition from the Tennessee soil and water conservation commission, the acting chair of the board of the proposed district shall call a meeting of the board by mailing a written notice, fixing the time and place of such meeting, to each member of the board at least five (5) days in advance of the time so fixed, unless such notice is duly waived. In addition, the chair shall post a copy of the notice at a conspicuous place at the courthouse door of each county in which any part of the proposed district is located.
(b) The members of the board named in the petition have all powers necessary in matters looking to the establishment of the district and, upon the establishment of the district, shall continue to serve as directors until their successors are duly elected and qualified.
(c) The members of the board shall meet at the time and place fixed in such notice for the purpose of electing from their number a president, a vice president, a secretary and a treasurer, and for the purpose of calling, by resolution, an election of the voters in the district, as defined in this chapter, for the purpose of submitting to the voters the question of whether the district shall be organized and created in accordance with the petition.
Amended by 2021 Tenn. Acts, ch. 203, s 24, eff. 4/22/2021.
Acts 1955, ch. 112, § 6; T.C.A., § 70-1807; impl. am. Acts 1984, ch. 687, § 3; T.C.A. § 69-7-107.
Tenn. Code Ann. § 69-5-721 — TN Code / Title 69 / Chapter 5 / Section 69-5-721
Continuation of work pending appeal
Status: in_force

If the appeal is only as to the matter of damages, the work of constructing the laterals, ditch, or drain shall not be delayed by the appeal; provided, that the other parties interested make a bond payable to the state of Tennessee for the use and benefit of the parties appealing, in an amount double the damages assessed and fixed by the board of directors. Acts 1915, ch. 63, §6; Shan., § 3871a103; Code 1932, § 431; T.C.A. (orig. ed.), § 70-1228; T.C.A. § 69-6-721.
If the appeal is only as to the matter of damages, the work of constructing the laterals, ditch, or drain shall not be delayed by the appeal; provided, that the other parties interested make a bond payable to the state of Tennessee for the use and benefit of the parties appealing, in an amount double the damages assessed and fixed by the board of directors.
Acts 1915, ch. 63, §6; Shan., § 3871a103; Code 1932, § 431; T.C.A. (orig. ed.), § 70-1228; T.C.A. § 69-6-721.
Tenn. Code Ann. § 69-9-226 — TN Code / Title 69 / Chapter 9 / Section 69-9-226
Operation of vessel by persons born after January 1, 1989 - Exceptions - Boating safety course certificates - Orientation - Violations
Status: in_force

(a) Except as provided in subsection (b), it is unlawful for any person born after January 1, 1989, to operate any vessel subject to registration on any waters of this state unless the operator: (1) Has successfully completed a monitored National Association of State Boating Law Administrators (NASBLA) approved boating safety examination administered by the agency or an approved representative of the agency; and (2) Has received a certificate from the Tennessee wildlife resources agency as evidence of successful completion of a monitored NASBLA-approved boating safety examination administered by the agency or an approved representative of the agency; or (3) Is accompanied on the vessel by, and is under the direct supervision of a person who: (A) Is eighteen (18) years of age or older and is certified as provided in subdivisions (a)(1) and (2); or (B) Was born on or before January 1, 1989. (b) Subsection (a) shall not apply to: (1) Nonresidents of Tennessee. Nonresidents of Tennessee shall show proof of successful completion of an approved NASBLA course; (2) Vessels powered by engines of eight and one-half (8.5) horsepower or less; (3) Persons with operator licenses issued by the United States coast guard; or (4) Operators of sailboats when under sail alone. (c) Certificates of completion of boating safety courses required by this section: (1) Must be in the possession of the boat operator while such boat is in operation; (2) Shall contain a physical description of the boat operator, including, but not limited to, the operator's address, date of birth, and a unique tracking number; (3) Shall not expire, but may be revoked by action of an applicable court; and (4) Shall be issued for a fee of ten dollars ($10.00). Replacement cards shall be issued for a fee of five dollars ($5.00). (d) (1) Except as permitted under subdivision (d)(4), a marina, livery, or other rental operation shall not hire, lease, or rent a motorboat to any renter without first providing the renter with an orientation pertinent to the motorboat type being hired, leased, or rented. Any orientation provided under this subdivision (d)(1) must be approved by the agency and include at least the following information: (A) Basic operation of the motorboat, including steering capability when the power is decreased or at idle; (B) Required safety equipment; (C) Rules for the operation of vessels on the waters of this state; (D) The meaning of the state uniform waterway marking system buoys; and (E) Any laws or agency rules specific to the particular motorboat type. (2) A renter must acknowledge in writing that the renter has received the orientation required by subdivision (d)(1) before the marina, livery, or other rental operation may allow the renter to operate the motorboat on the waters of this state. (3) A marina, livery, or other rental operation shall maintain any written acknowledgement executed by a renter from the marina, livery, or other rental operation under subdivision (b)(2) for a period of time to be established by rule of the agency, but not less than thirty (30) days. A written acknowledgement must be available for inspection by the agency during regular business hours. (4) A marina, livery, or other rental operation is not required to provide orientation to a renter who: (A) Has successfully completed a monitored NASBLA-approved boating safety examination as described in subdivision (a)(1) and received a certificate from the agency as described in subdivision (a)(2); (B) Is a nonresident of this state who shows proof of successful completion of an approved NASBLA course; (C) Has been issued an operator license by the United States coast guard; or (D) Was born on or before January 1, 1989. (e) A violation of this section is a Class C misdemeanor punished by a fine only and, in addition to the fine, a court may revoke a certificate of completion of a boat safety course. It is unlawful for an owner or person directly in charge of a vessel subject to registration to authorize or permit knowingly such vessel to be operated on the waters of this state in violation of this section. Amended by 2019 Tenn. Acts, ch. 267, s 1, eff. 4/30/2019. Amended by 2018 Tenn. Acts, ch. 969, s 3, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 969, s 2, eff. 7/1/2018. Acts 2003 , ch. 260, § 1; T.C.A. §69-10-226; Acts 2007 , ch. 185, § 14.
(a) Except as provided in subsection (b), it is unlawful for any person born after January 1, 1989, to operate any vessel subject to registration on any waters of this state unless the operator: (1) Has successfully completed a monitored National Association of State Boating Law Administrators (NASBLA) approved boating safety examination administered by the agency or an approved representative of the agency; and (2) Has received a certificate from the Tennessee wildlife resources agency as evidence of successful completion of a monitored NASBLA-approved boating safety examination administered by the agency or an approved representative of the agency; or (3) Is accompanied on the vessel by, and is under the direct supervision of a person who: (A) Is eighteen (18) years of age or older and is certified as provided in subdivisions (a)(1) and (2); or (B) Was born on or before January 1, 1989.
(1) Has successfully completed a monitored National Association of State Boating Law Administrators (NASBLA) approved boating safety examination administered by the agency or an approved representative of the agency; and
(2) Has received a certificate from the Tennessee wildlife resources agency as evidence of successful completion of a monitored NASBLA-approved boating safety examination administered by the agency or an approved representative of the agency; or
(3) Is accompanied on the vessel by, and is under the direct supervision of a person who: (A) Is eighteen (18) years of age or older and is certified as provided in subdivisions (a)(1) and (2); or (B) Was born on or before January 1, 1989.
(A) Is eighteen (18) years of age or older and is certified as provided in subdivisions (a)(1) and (2); or
(B) Was born on or before January 1, 1989.
(b) Subsection (a) shall not apply to: (1) Nonresidents of Tennessee. Nonresidents of Tennessee shall show proof of successful completion of an approved NASBLA course; (2) Vessels powered by engines of eight and one-half (8.5) horsepower or less; (3) Persons with operator licenses issued by the United States coast guard; or (4) Operators of sailboats when under sail alone.
(1) Nonresidents of Tennessee. Nonresidents of Tennessee shall show proof of successful completion of an approved NASBLA course;
(2) Vessels powered by engines of eight and one-half (8.5) horsepower or less;
(3) Persons with operator licenses issued by the United States coast guard; or
(4) Operators of sailboats when under sail alone.
(c) Certificates of completion of boating safety courses required by this section: (1) Must be in the possession of the boat operator while such boat is in operation; (2) Shall contain a physical description of the boat operator, including, but not limited to, the operator's address, date of birth, and a unique tracking number; (3) Shall not expire, but may be revoked by action of an applicable court; and (4) Shall be issued for a fee of ten dollars ($10.00). Replacement cards shall be issued for a fee of five dollars ($5.00).
(1) Must be in the possession of the boat operator while such boat is in operation;
(2) Shall contain a physical description of the boat operator, including, but not limited to, the operator's address, date of birth, and a unique tracking number;
(3) Shall not expire, but may be revoked by action of an applicable court; and
(4) Shall be issued for a fee of ten dollars ($10.00). Replacement cards shall be issued for a fee of five dollars ($5.00).
(d) (1) Except as permitted under subdivision (d)(4), a marina, livery, or other rental operation shall not hire, lease, or rent a motorboat to any renter without first providing the renter with an orientation pertinent to the motorboat type being hired, leased, or rented. Any orientation provided under this subdivision (d)(1) must be approved by the agency and include at least the following information: (A) Basic operation of the motorboat, including steering capability when the power is decreased or at idle; (B) Required safety equipment; (C) Rules for the operation of vessels on the waters of this state; (D) The meaning of the state uniform waterway marking system buoys; and (E) Any laws or agency rules specific to the particular motorboat type. (2) A renter must acknowledge in writing that the renter has received the orientation required by subdivision (d)(1) before the marina, livery, or other rental operation may allow the renter to operate the motorboat on the waters of this state. (3) A marina, livery, or other rental operation shall maintain any written acknowledgement executed by a renter from the marina, livery, or other rental operation under subdivision (b)(2) for a period of time to be established by rule of the agency, but not less than thirty (30) days. A written acknowledgement must be available for inspection by the agency during regular business hours. (4) A marina, livery, or other rental operation is not required to provide orientation to a renter who: (A) Has successfully completed a monitored NASBLA-approved boating safety examination as described in subdivision (a)(1) and received a certificate from the agency as described in subdivision (a)(2); (B) Is a nonresident of this state who shows proof of successful completion of an approved NASBLA course; (C) Has been issued an operator license by the United States coast guard; or (D) Was born on or before January 1, 1989.
(1) Except as permitted under subdivision (d)(4), a marina, livery, or other rental operation shall not hire, lease, or rent a motorboat to any renter without first providing the renter with an orientation pertinent to the motorboat type being hired, leased, or rented. Any orientation provided under this subdivision (d)(1) must be approved by the agency and include at least the following information: (A) Basic operation of the motorboat, including steering capability when the power is decreased or at idle; (B) Required safety equipment; (C) Rules for the operation of vessels on the waters of this state; (D) The meaning of the state uniform waterway marking system buoys; and (E) Any laws or agency rules specific to the particular motorboat type.
(A) Basic operation of the motorboat, including steering capability when the power is decreased or at idle;
(B) Required safety equipment;
(C) Rules for the operation of vessels on the waters of this state;
(D) The meaning of the state uniform waterway marking system buoys; and
(E) Any laws or agency rules specific to the particular motorboat type.
(2) A renter must acknowledge in writing that the renter has received the orientation required by subdivision (d)(1) before the marina, livery, or other rental operation may allow the renter to operate the motorboat on the waters of this state.
(3) A marina, livery, or other rental operation shall maintain any written acknowledgement executed by a renter from the marina, livery, or other rental operation under subdivision (b)(2) for a period of time to be established by rule of the agency, but not less than thirty (30) days. A written acknowledgement must be available for inspection by the agency during regular business hours.
(4) A marina, livery, or other rental operation is not required to provide orientation to a renter who: (A) Has successfully completed a monitored NASBLA-approved boating safety examination as described in subdivision (a)(1) and received a certificate from the agency as described in subdivision (a)(2); (B) Is a nonresident of this state who shows proof of successful completion of an approved NASBLA course; (C) Has been issued an operator license by the United States coast guard; or (D) Was born on or before January 1, 1989.
(A) Has successfully completed a monitored NASBLA-approved boating safety examination as described in subdivision (a)(1) and received a certificate from the agency as described in subdivision (a)(2);
(B) Is a nonresident of this state who shows proof of successful completion of an approved NASBLA course;
(C) Has been issued an operator license by the United States coast guard; or
(D) Was born on or before January 1, 1989.
(e) A violation of this section is a Class C misdemeanor punished by a fine only and, in addition to the fine, a court may revoke a certificate of completion of a boat safety course. It is unlawful for an owner or person directly in charge of a vessel subject to registration to authorize or permit knowingly such vessel to be operated on the waters of this state in violation of this section.
Amended by 2019 Tenn. Acts, ch. 267, s 1, eff. 4/30/2019.
Amended by 2018 Tenn. Acts, ch. 969, s 3, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 969, s 2, eff. 7/1/2018.
Acts 2003 , ch. 260, § 1; T.C.A. §69-10-226; Acts 2007 , ch. 185, § 14.
Tenn. Code Ann. § 69-5-924 — TN Code / Title 69 / Chapter 5 / Section 69-5-924
Hearing - Remonstrance
Status: in_force

At the time of the hearing provided for in § 69-5-922 , the county legislative body shall hear and dispose of all objections in a summary manner and its disposition of the objections shall be final and conclusive on all parties. In the event a remonstrance or remonstrances against the issuance of refunding bonds be filed with the county legislative body on or prior to the date set for such hearing, signed by sixty percent (60%) or more of the landowners owning sixty percent (60%) or more of the aggregate acreage of land within the district, then the county legislative body shall enter an order denying and dismissing the petition of the board of directors for the issuance of refunding bonds. Acts 1935, ch. 51, § 5; 1935, ch. 78, § 3; C. Supp. 1950, §4341.5; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-1424; T.C.A. § 69-6-924.
At the time of the hearing provided for in § 69-5-922 , the county legislative body shall hear and dispose of all objections in a summary manner and its disposition of the objections shall be final and conclusive on all parties. In the event a remonstrance or remonstrances against the issuance of refunding bonds be filed with the county legislative body on or prior to the date set for such hearing, signed by sixty percent (60%) or more of the landowners owning sixty percent (60%) or more of the aggregate acreage of land within the district, then the county legislative body shall enter an order denying and dismissing the petition of the board of directors for the issuance of refunding bonds.
Acts 1935, ch. 51, § 5; 1935, ch. 78, § 3; C. Supp. 1950, §4341.5; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 70-1424; T.C.A. § 69-6-924.
Tenn. Code Ann. § 69-5-125 — TN Code / Title 69 / Chapter 5 / Section 69-5-125
Special assessment - Hearing - Amount and basis of assessment
Status: in_force

After the hour fixed for the filing of objections, the court shall proceed to hear and determine the matter of making an assessment to raise a fund for the payment of the preliminary costs and expenses. The court will determine from proof offered the amount necessary to cover the cost and expenses, and if the court is of the opinion that it is not expedient to make an assessment for such purposes, the court will so decree; but if the court is of the opinion that it is expedient, the court will make an assessment for the amount determined upon the respective tracts of land in the proposed improvement district, and make the assessment on the basis of acreage. Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b3; Code 1932, § 4242; T.C.A. (orig. ed.), § 70-732; T.C.A. § 69-6-125 .
After the hour fixed for the filing of objections, the court shall proceed to hear and determine the matter of making an assessment to raise a fund for the payment of the preliminary costs and expenses. The court will determine from proof offered the amount necessary to cover the cost and expenses, and if the court is of the opinion that it is not expedient to make an assessment for such purposes, the court will so decree; but if the court is of the opinion that it is expedient, the court will make an assessment for the amount determined upon the respective tracts of land in the proposed improvement district, and make the assessment on the basis of acreage.
Acts 1923, ch. 55, § 1; Shan. Supp., § 3871a30b3; Code 1932, § 4242; T.C.A. (orig. ed.), § 70-732; T.C.A. § 69-6-125 .