Tenn. Code Ann. § 54-9-125 — TN Code / Title 54 / Chapter 9 / Section 54-9-125
Work may be let in sections or as a whole - Rejection of all bids and resubmission
Status: in_force

The commissioners may let the work in sections, or they may let different kinds of work to different contractors, or they may let the whole to one (1) bidder, if in their judgment it is to the best interest of the taxpayers to do so; provided, that after having examined all bids and after having thoroughly investigated the methods of other counties in the state or elsewhere, where conditions are similar, a majority of the commissioners may be of the opinion that to accept none of the bids would be to the best interest of the county, and they may resubmit to another bidding; or, in their discretion, they may adopt any other method of letting the work, either in whole or in part, as the results of their investigation and judgment may indicate. Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a27; Code 1932, § 2988; T.C.A. (orig. ed.), § 54-827.
The commissioners may let the work in sections, or they may let different kinds of work to different contractors, or they may let the whole to one (1) bidder, if in their judgment it is to the best interest of the taxpayers to do so; provided, that after having examined all bids and after having thoroughly investigated the methods of other counties in the state or elsewhere, where conditions are similar, a majority of the commissioners may be of the opinion that to accept none of the bids would be to the best interest of the county, and they may resubmit to another bidding; or, in their discretion, they may adopt any other method of letting the work, either in whole or in part, as the results of their investigation and judgment may indicate.
Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a27; Code 1932, § 2988; T.C.A. (orig. ed.), § 54-827.
Tenn. Code Ann. § 54-12-125 — TN Code / Title 54 / Chapter 12 / Section 54-12-125
Survey and location of roads along general course of present roads - Exception
Status: in_force

The roads provided for in this part shall be surveyed and located along the general course of the present roads between the termini set forth in the report, unless there is some good and sufficient reason why the course should be departed from to secure a new, better, or shorter road, or for any other good reason and having due regard to the straightening and shortening of the existing roads and the reduction of the grades on the existing roads. Acts 1919, ch. 193, § 14; Shan. Supp., § 1682a25; Code 1932, § 2839; T.C.A. (orig. ed.), § 54-1325.
The roads provided for in this part shall be surveyed and located along the general course of the present roads between the termini set forth in the report, unless there is some good and sufficient reason why the course should be departed from to secure a new, better, or shorter road, or for any other good reason and having due regard to the straightening and shortening of the existing roads and the reduction of the grades on the existing roads.
Acts 1919, ch. 193, § 14; Shan. Supp., § 1682a25; Code 1932, § 2839; T.C.A. (orig. ed.), § 54-1325.
Tenn. Code Ann. § 54-4-203 — TN Code / Title 54 / Chapter 4 / Section 54-4-203
Distribution of funds - Basis - Special census
Status: in_force

(a) Funds in the municipal street aid fund shall be distributed to eligible municipalities within the state monthly by the commissioner of finance and administration, or other official now or hereafter charged with the duty of allocating or distributing state funds, in proportion as the population of each municipality bears to the aggregate population of all municipalities according to the 1950 federal census or any subsequent federal census; provided, that, in the case of any area annexed to a municipality subsequent to the latest federal decennial census, the municipality may have a special census within the annexed area taken by the federal bureau of the census or in a manner directed by and satisfactory to the department of economic and community development, in which case the population of the municipality shall be revised and increased in accordance with the special census for purposes of distributing the funds, effective on the next July 1 following the certification of the census results to the commissioner of finance and administration; and provided, further, that the aggregate population of all municipalities used as a base for calculating the distribution shall be adjusted in accordance with the special census, effective on the next July 1 following the certification of the census results to the commissioner. Any eligible municipality incorporated after the last federal decennial census may likewise have a special census taken, and shall share in the distribution of the municipal street aid fund beginning on the next July 1, following certification of the census results to the commissioner. The aggregate population shall likewise be adjusted in accordance with the special census, effective on the next July 1 following the certification of the census results to the commissioner. (b) Any municipality shall have the right to take not more than four (4) special censuses at its own expense at any time during the interim between the regular decennial federal census. The right shall include the current decennium. The census shall be taken by the federal bureau of the census, or in a manner directed by and satisfactory to the department of economic and community development. The population of the municipality shall be revised in accordance with the special census for purposes of distribution of funds, effective on the next July 1, following the certification of the census results by the federal bureau of the census or the department of economic and community development to the commissioner of finance and administration. The aggregate population shall likewise be adjusted in accordance with the special census, effective on the next July 1, following the certification of the census results by the federal bureau of the census or the department of economic and community development to the commissioner of finance and administration; provided, that any other special census of the entire municipality taken in the same manner provided in this section, under any other law, shall be used for the distribution of the funds, and in that case, no additional special census shall be taken under this section. (c) Notwithstanding subsections (a) and (b), a premiere tourist resort city, defined as a municipality having a population of one thousand one hundred (1,100) or more persons, according to the 1980 federal census or any subsequent federal census, and in which at least forty percent (40%) of the assessed valuation, as shown by the tax assessment rolls or books of the municipality, of the real estate in the municipality consists of hotels, motels, tourist court accommodations or tourist shops and restaurants, shall be considered a city with a population of ten thousand nine hundred forty-five (10,945) for purposes of distribution of funds under this section. Acts 1953, ch. 1, § 3 (Williams, § 3407.22); Acts 1957, ch. 362, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 542, § 15; Acts 1974, ch. 514, § 1; T.C.A. (orig. ed.), § 54-408; Acts 1981, ch. 366, § 6; 1984, ch. 708, § 1; 1995, ch. 135, § 1; 2011, ch. 350, § 1.
(a) Funds in the municipal street aid fund shall be distributed to eligible municipalities within the state monthly by the commissioner of finance and administration, or other official now or hereafter charged with the duty of allocating or distributing state funds, in proportion as the population of each municipality bears to the aggregate population of all municipalities according to the 1950 federal census or any subsequent federal census; provided, that, in the case of any area annexed to a municipality subsequent to the latest federal decennial census, the municipality may have a special census within the annexed area taken by the federal bureau of the census or in a manner directed by and satisfactory to the department of economic and community development, in which case the population of the municipality shall be revised and increased in accordance with the special census for purposes of distributing the funds, effective on the next July 1 following the certification of the census results to the commissioner of finance and administration; and provided, further, that the aggregate population of all municipalities used as a base for calculating the distribution shall be adjusted in accordance with the special census, effective on the next July 1 following the certification of the census results to the commissioner. Any eligible municipality incorporated after the last federal decennial census may likewise have a special census taken, and shall share in the distribution of the municipal street aid fund beginning on the next July 1, following certification of the census results to the commissioner. The aggregate population shall likewise be adjusted in accordance with the special census, effective on the next July 1 following the certification of the census results to the commissioner.
(b) Any municipality shall have the right to take not more than four (4) special censuses at its own expense at any time during the interim between the regular decennial federal census. The right shall include the current decennium. The census shall be taken by the federal bureau of the census, or in a manner directed by and satisfactory to the department of economic and community development. The population of the municipality shall be revised in accordance with the special census for purposes of distribution of funds, effective on the next July 1, following the certification of the census results by the federal bureau of the census or the department of economic and community development to the commissioner of finance and administration. The aggregate population shall likewise be adjusted in accordance with the special census, effective on the next July 1, following the certification of the census results by the federal bureau of the census or the department of economic and community development to the commissioner of finance and administration; provided, that any other special census of the entire municipality taken in the same manner provided in this section, under any other law, shall be used for the distribution of the funds, and in that case, no additional special census shall be taken under this section.
(c) Notwithstanding subsections (a) and (b), a premiere tourist resort city, defined as a municipality having a population of one thousand one hundred (1,100) or more persons, according to the 1980 federal census or any subsequent federal census, and in which at least forty percent (40%) of the assessed valuation, as shown by the tax assessment rolls or books of the municipality, of the real estate in the municipality consists of hotels, motels, tourist court accommodations or tourist shops and restaurants, shall be considered a city with a population of ten thousand nine hundred forty-five (10,945) for purposes of distribution of funds under this section.
Acts 1953, ch. 1, § 3 (Williams, § 3407.22); Acts 1957, ch. 362, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 542, § 15; Acts 1974, ch. 514, § 1; T.C.A. (orig. ed.), § 54-408; Acts 1981, ch. 366, § 6; 1984, ch. 708, § 1; 1995, ch. 135, § 1; 2011, ch. 350, § 1.
Tenn. Code Ann. § 54-7-110 — TN Code / Title 54 / Chapter 7 / Section 54-7-110
Employment of legal counsel
Status: in_force

The chief administrative officer shall be empowered to employ legal counsel or to solicit the use of legal counsel retained by the county to prosecute or defend litigation caused by or necessary to the operation of the county highway department. Acts 1974, ch. 738, § 9; T.C.A., § 54-1010; Acts 2012 , ch. 689, § 5.
The chief administrative officer shall be empowered to employ legal counsel or to solicit the use of legal counsel retained by the county to prosecute or defend litigation caused by or necessary to the operation of the county highway department.
Acts 1974, ch. 738, § 9; T.C.A., § 54-1010; Acts 2012 , ch. 689, § 5.
Tenn. Code Ann. § 54-12-157 — TN Code / Title 54 / Chapter 12 / Section 54-12-157
Fees of county clerk - Allowance for extra services
Status: in_force

The fees of the county clerk in proceedings under this chapter shall be the same as for similar services now allowed by law, and in such case the monthly county court may allow the clerk an additional sum for extra services or services not covered by existing fee bills or statutes, to be fixed by the court, and paid as other costs and expenses in the case of proceeding. Acts 1919, ch. 193, § 66; Shan. Supp., § 1682a80; Code 1932, § 2894; modified; T.C.A. (orig. ed.), § 54-1357; impl. am. Acts 1978, ch. 934, §§ 22, 36.
The fees of the county clerk in proceedings under this chapter shall be the same as for similar services now allowed by law, and in such case the monthly county court may allow the clerk an additional sum for extra services or services not covered by existing fee bills or statutes, to be fixed by the court, and paid as other costs and expenses in the case of proceeding.
Acts 1919, ch. 193, § 66; Shan. Supp., § 1682a80; Code 1932, § 2894; modified; T.C.A. (orig. ed.), § 54-1357; impl. am. Acts 1978, ch. 934, §§ 22, 36.
Tenn. Code Ann. § 54-18-211 — TN Code / Title 54 / Chapter 18 / Section 54-18-211
Permits to build within boundaries of mapped highway or abandoned highway
Status: in_force

(a) After the adoption of the official map, no building shall be constructed within the boundaries of a mapped highway nor on a highway shown on the map as a proposed abandonment or relocation until a permit has been obtained, except that building construction may be undertaken without a permit, in order that private property rights are fully protected pursuant to this part. (b) Nothing in this chapter shall be construed as relating to buildings directly concerned with strict and specific agricultural enterprises or uses of land. Acts 1965, ch. 251, § 9; T.C.A., §§ 54-2211, 54-19-111.
(a) After the adoption of the official map, no building shall be constructed within the boundaries of a mapped highway nor on a highway shown on the map as a proposed abandonment or relocation until a permit has been obtained, except that building construction may be undertaken without a permit, in order that private property rights are fully protected pursuant to this part.
(b) Nothing in this chapter shall be construed as relating to buildings directly concerned with strict and specific agricultural enterprises or uses of land.
Acts 1965, ch. 251, § 9; T.C.A., §§ 54-2211, 54-19-111.
Tenn. Code Ann. § 54-20-122 — TN Code / Title 54 / Chapter 20 / Section 54-20-122
Local regulation of junkyards
Status: in_force

(a) Nothing contained in this part shall be construed as prohibiting the legislative authority of cities and towns from regulating junkyards within their respective jurisdictions; provided, that the rules or regulations are at least as stringent as those promulgated pursuant to the authority contained in this part. (b) Any metropolitan, city or county rule, regulation, ordinance or zoning provision that regulates, prohibits or controls junkyards or scrapyards shall not be construed to apply to, include, prohibit, or regulate recycling centers, as defined in § 54-20-103 . Acts 1981, ch. 432, § 10.
(a) Nothing contained in this part shall be construed as prohibiting the legislative authority of cities and towns from regulating junkyards within their respective jurisdictions; provided, that the rules or regulations are at least as stringent as those promulgated pursuant to the authority contained in this part.
(b) Any metropolitan, city or county rule, regulation, ordinance or zoning provision that regulates, prohibits or controls junkyards or scrapyards shall not be construed to apply to, include, prohibit, or regulate recycling centers, as defined in § 54-20-103 .
Acts 1981, ch. 432, § 10.
Tenn. Code Ann. § 54-5-709 — TN Code / Title 54 / Chapter 5 / Section 54-5-709
Directional signs denoting wildlife management areas, wildlife refuges and state lakes
Status: in_force

(a) Notwithstanding any other law or rule and regulation to the contrary, the department of transportation is directed to implement a directional signing program on the state's state and federal highways denoting wildlife management areas, wildlife refuges and state lakes, established and operated pursuant to title 70. (b) The department shall promulgate necessary rules and regulations to accomplish the effect and intent of this section. The regulations shall provide for the department to charge fees to cover the cost of signing. Acts 1997, ch. 24, §§ 1, 2.
(a) Notwithstanding any other law or rule and regulation to the contrary, the department of transportation is directed to implement a directional signing program on the state's state and federal highways denoting wildlife management areas, wildlife refuges and state lakes, established and operated pursuant to title 70.
(b) The department shall promulgate necessary rules and regulations to accomplish the effect and intent of this section. The regulations shall provide for the department to charge fees to cover the cost of signing.
Acts 1997, ch. 24, §§ 1, 2.
Tenn. Code Ann. § 54-12-147 — TN Code / Title 54 / Chapter 12 / Section 54-12-147
Appellants as plaintiffs in circuit court - Consolidation of damage cases - One transcript in several appeals
Status: in_force

(a) In the circuit court, the cases shall be docketed with the appellant or appellants as plaintiffs, and the adversary parties as defendants, and where there are several appellants on questions of damages, the circuit court may consolidate the causes and hear or try them together, if practicable, making proper findings or orders as to each. (b) If the appeals from orders of the monthly county court are made at the same session where there are several appellants, at their request, only one (1) transcript shall be made. Acts 1919, ch. 193, § 37; Shan. Supp., § 1682a48; Code 1932, § 2862; modified; T.C.A. (orig. ed.), § 54-1347.
(a) In the circuit court, the cases shall be docketed with the appellant or appellants as plaintiffs, and the adversary parties as defendants, and where there are several appellants on questions of damages, the circuit court may consolidate the causes and hear or try them together, if practicable, making proper findings or orders as to each.
(b) If the appeals from orders of the monthly county court are made at the same session where there are several appellants, at their request, only one (1) transcript shall be made.
Acts 1919, ch. 193, § 37; Shan. Supp., § 1682a48; Code 1932, § 2862; modified; T.C.A. (orig. ed.), § 54-1347.
Tenn. Code Ann. § 54-9-123 — TN Code / Title 54 / Chapter 9 / Section 54-9-123
Road commissioners not to be members of county legislative body, nor related to members
Status: in_force

No road commissioner shall be a member of the county legislative body or related to any member of the county legislative body within the third degree, either by affinity or consanguinity, computed by the civil law. Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a25; Code 1932, § 2986; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-825.
No road commissioner shall be a member of the county legislative body or related to any member of the county legislative body within the third degree, either by affinity or consanguinity, computed by the civil law.
Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a25; Code 1932, § 2986; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-825.
Tenn. Code Ann. § 54-17-102 — TN Code / Title 54 / Chapter 17 / Section 54-17-102
Scenic highway system established
Status: in_force

(a) There is established a system of scenic highways for the state. (b) The system shall consist of those highways or roads or sections of the highways or roads that are so designated by the general assembly from time to time according to this part. Acts 1971, ch. 431, § 2; 1976, ch. 819, § 1; modified; T.C.A., § 54-2502.
(a) There is established a system of scenic highways for the state.
(b) The system shall consist of those highways or roads or sections of the highways or roads that are so designated by the general assembly from time to time according to this part.
Acts 1971, ch. 431, § 2; 1976, ch. 819, § 1; modified; T.C.A., § 54-2502.
Tenn. Code Ann. § 54-5-855 — TN Code / Title 54 / Chapter 5 / Section 54-5-855
Revised cost estimate - Reimbursement of engineering costs
Status: in_force

(a) In the event the department does not notify the owner by certified mail of the approved plan and schedule of calendar days and date for beginning installation, relocation or adjustment within six (6) months after their submission, then the owner shall be allowed to submit a revised cost estimate, when applicable, which shall be incorporated into the utility relocation contract. (b) In the event the department does not undertake the proposed project within one (1) year after the final approval of the utility relocation plan, the department shall reimburse the owner for all costs of engineering. Acts 1988, ch. 517, § 5; 1999, ch. 452, § 7.
(a) In the event the department does not notify the owner by certified mail of the approved plan and schedule of calendar days and date for beginning installation, relocation or adjustment within six (6) months after their submission, then the owner shall be allowed to submit a revised cost estimate, when applicable, which shall be incorporated into the utility relocation contract.
(b) In the event the department does not undertake the proposed project within one (1) year after the final approval of the utility relocation plan, the department shall reimburse the owner for all costs of engineering.
Acts 1988, ch. 517, § 5; 1999, ch. 452, § 7.
Tenn. Code Ann. § 54-4-205 — TN Code / Title 54 / Chapter 4 / Section 54-4-205
Unlawful expenditures a misdemeanor - Liability
Status: in_force

It is a Class C misdemeanor for any municipal official or employee to authorize, direct or permit the expenditure of the funds for any purpose, except those authorized by this part. Any municipal official or employee who violates this section shall be personally liable for any unauthorized expenditure of the funds. Acts 1953, ch. 1, § 5 (Williams, § 3407.24); T.C.A. (orig. ed.), § 54-410; Acts 1989, ch. 591, § 113.
It is a Class C misdemeanor for any municipal official or employee to authorize, direct or permit the expenditure of the funds for any purpose, except those authorized by this part. Any municipal official or employee who violates this section shall be personally liable for any unauthorized expenditure of the funds.
Acts 1953, ch. 1, § 5 (Williams, § 3407.24); T.C.A. (orig. ed.), § 54-410; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 54-5-807 — TN Code / Title 54 / Chapter 5 / Section 54-5-807
Nonapplicability of part
Status: in_force

This part shall not apply to: (1) Any taking or damaging of property for which the utility is entitled to compensation pursuant to the constitution of this state or the United States or pursuant to any binding agreement inuring to the utility's benefit; and (2) Any relocation of utility facilities located outside the boundaries of public streets, roads or highways. Acts 1963, ch. 368, § 7; T.C.A., § 54-568.
This part shall not apply to:
(1) Any taking or damaging of property for which the utility is entitled to compensation pursuant to the constitution of this state or the United States or pursuant to any binding agreement inuring to the utility's benefit; and
(2) Any relocation of utility facilities located outside the boundaries of public streets, roads or highways.
Acts 1963, ch. 368, § 7; T.C.A., § 54-568.
Tenn. Code Ann. § 54-17-109 — TN Code / Title 54 / Chapter 17 / Section 54-17-109
Excepted signs
Status: in_force

The following signs are excepted from § 54-17-108 : (1) Official signs and notices, including directional and warning signs, authorized or required by law; (2) Utility signs; and (3) Signs other than outdoor advertising devices, as defined in § 54-21-102 , if such signs: (A) (i) Have a sign face that does not exceed one hundred square feet (100 sq. ft.) in total area if the sign is an on-premises device; or (ii) Have a sign face that does not exceed twelve square feet (12 sq. ft.) in total area if the sign is not an on-premises device; (B) Do not contain any flashing, intermittent, or moving lights; and (C) Are located at least one thousand feet (1,000') apart along the highway frontage if the signs are on-premises devices larger than twelve square feet (12 sq. ft.) and more than one (1) such sign is located on the same property. Amended by 2020 Tenn. Acts, ch. 706, s 3, eff. 6/22/2020. Acts 1971, ch. 431, § 9; impl. am. Acts 1972, ch. 829, § 7; Acts 1976, ch. 819, § 7; T.C.A., § 54-2509; Acts 1992, ch. 693, § 16; 1995, ch. 476, § 2; 1995, ch. 530, §§ 1, 3-5; 1996, ch. 1000, §§ 1, 3-7; 1997 , ch. 71, § 1; 1997 , ch. 156, § 2; 2000, ch. 615, § 1.
The following signs are excepted from § 54-17-108 :
(1) Official signs and notices, including directional and warning signs, authorized or required by law;
(2) Utility signs; and
(3) Signs other than outdoor advertising devices, as defined in § 54-21-102 , if such signs: (A) (i) Have a sign face that does not exceed one hundred square feet (100 sq. ft.) in total area if the sign is an on-premises device; or (ii) Have a sign face that does not exceed twelve square feet (12 sq. ft.) in total area if the sign is not an on-premises device; (B) Do not contain any flashing, intermittent, or moving lights; and (C) Are located at least one thousand feet (1,000') apart along the highway frontage if the signs are on-premises devices larger than twelve square feet (12 sq. ft.) and more than one (1) such sign is located on the same property.
(A) (i) Have a sign face that does not exceed one hundred square feet (100 sq. ft.) in total area if the sign is an on-premises device; or (ii) Have a sign face that does not exceed twelve square feet (12 sq. ft.) in total area if the sign is not an on-premises device;
(i) Have a sign face that does not exceed one hundred square feet (100 sq. ft.) in total area if the sign is an on-premises device; or
(ii) Have a sign face that does not exceed twelve square feet (12 sq. ft.) in total area if the sign is not an on-premises device;
(B) Do not contain any flashing, intermittent, or moving lights; and
(C) Are located at least one thousand feet (1,000') apart along the highway frontage if the signs are on-premises devices larger than twelve square feet (12 sq. ft.) and more than one (1) such sign is located on the same property.
Amended by 2020 Tenn. Acts, ch. 706, s 3, eff. 6/22/2020.
Acts 1971, ch. 431, § 9; impl. am. Acts 1972, ch. 829, § 7; Acts 1976, ch. 819, § 7; T.C.A., § 54-2509; Acts 1992, ch. 693, § 16; 1995, ch. 476, § 2; 1995, ch. 530, §§ 1, 3-5; 1996, ch. 1000, §§ 1, 3-7; 1997 , ch. 71, § 1; 1997 , ch. 156, § 2; 2000, ch. 615, § 1.
Tenn. Code Ann. § 54-12-139 — TN Code / Title 54 / Chapter 12 / Section 54-12-139
Value of land - Incidental benefits considered in estimating incidental damages
Status: in_force

In establishing the damages, the viewers shall give the value of the land proposed to be taken without deduction, but incidental benefits that may result to the owners by reason of the proposed improvement may be taken into consideration in estimating the incidental damages. Acts 1919, ch. 193, § 29; Shan. Supp., § 1682a40; Code 1932, § 2854; T.C.A. (orig. ed.), § 54-1339.
In establishing the damages, the viewers shall give the value of the land proposed to be taken without deduction, but incidental benefits that may result to the owners by reason of the proposed improvement may be taken into consideration in estimating the incidental damages.
Acts 1919, ch. 193, § 29; Shan. Supp., § 1682a40; Code 1932, § 2854; T.C.A. (orig. ed.), § 54-1339.
Tenn. Code Ann. § 54-21-108 — TN Code / Title 54 / Chapter 21 / Section 54-21-108
Restrictions on outdoor advertising devices adjacent to state highways
Status: in_force

(a) Control of outdoor advertising devices, as provided in §§ 54-21-103 and 54-21-104 , is extended to outdoor advertising devices located beyond six hundred sixty feet (660') of the edge of the right-of-way of the federal-aid interstate or primary systems outside of urban areas erected with the purpose of their message being read from the main traveled ways of the systems. Such outdoor advertising devices are prohibited, regardless of whether located in commercial or industrial areas, unless they are of a class or type allowed under existing law within six hundred sixty feet (660') of the edge of the right-of-way of the systems outside of commercial or industrial areas. (b) Those outdoor advertising devices lawfully erected prior to July 1, 1976, but prohibited as of July 1, 1976, by subsection (a) shall be removed upon the payment of just compensation in the same manner and subject to the same limitations as outdoor advertising devices lawfully erected within six hundred sixty feet (660') of the edge of the right-of-way of the federal-aid interstate and primary systems outside of commercial and industrial areas. (c) Signs lawfully in existence on October 22, 1965, determined by the commissioner, subject to the concurrence of the secretary of transportation of the United States, to be landmark signs, including signs on farm structures or natural surfaces, of historic or artistic significance, the preservation of which would be consistent with the purposes of this section, are not required to be removed. Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Acts 1972, ch. 655, § 8; impl. am. Acts 1972, ch. 829, § 7; Acts 1973, ch. 113, § 1; T.C.A., § 54-2608; Acts 1980, ch. 470, § 2; 1983, ch. 133, § 2.
(a) Control of outdoor advertising devices, as provided in §§ 54-21-103 and 54-21-104 , is extended to outdoor advertising devices located beyond six hundred sixty feet (660') of the edge of the right-of-way of the federal-aid interstate or primary systems outside of urban areas erected with the purpose of their message being read from the main traveled ways of the systems. Such outdoor advertising devices are prohibited, regardless of whether located in commercial or industrial areas, unless they are of a class or type allowed under existing law within six hundred sixty feet (660') of the edge of the right-of-way of the systems outside of commercial or industrial areas.
(b) Those outdoor advertising devices lawfully erected prior to July 1, 1976, but prohibited as of July 1, 1976, by subsection (a) shall be removed upon the payment of just compensation in the same manner and subject to the same limitations as outdoor advertising devices lawfully erected within six hundred sixty feet (660') of the edge of the right-of-way of the federal-aid interstate and primary systems outside of commercial and industrial areas.
(c) Signs lawfully in existence on October 22, 1965, determined by the commissioner, subject to the concurrence of the secretary of transportation of the United States, to be landmark signs, including signs on farm structures or natural surfaces, of historic or artistic significance, the preservation of which would be consistent with the purposes of this section, are not required to be removed.
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Acts 1972, ch. 655, § 8; impl. am. Acts 1972, ch. 829, § 7; Acts 1973, ch. 113, § 1; T.C.A., § 54-2608; Acts 1980, ch. 470, § 2; 1983, ch. 133, § 2.
Tenn. Code Ann. § 54-9-136 — TN Code / Title 54 / Chapter 9 / Section 54-9-136
Expenditure of surplus on other roads
Status: in_force

After all the roads laid out and provided for in the resolution have been graded, macadamized or otherwise improved for the full length of each road, should there remain a surplus, it shall be expended on such other road or roads not set forth in the resolutions, that in the judgment of the commissioners will serve the greatest number of people within the county. Acts 1913 (1st E.S.), ch. 26, § 12; Shan., § 1695a38; mod. Code 1932, § 2998; T.C.A. (orig. ed.), § 54-838.
After all the roads laid out and provided for in the resolution have been graded, macadamized or otherwise improved for the full length of each road, should there remain a surplus, it shall be expended on such other road or roads not set forth in the resolutions, that in the judgment of the commissioners will serve the greatest number of people within the county.
Acts 1913 (1st E.S.), ch. 26, § 12; Shan., § 1695a38; mod. Code 1932, § 2998; T.C.A. (orig. ed.), § 54-838.
Tenn. Code Ann. § 54-18-209 — TN Code / Title 54 / Chapter 18 / Section 54-18-209
Fund for advance acquisition of rights-of-way
Status: in_force

(a) From and after the adoption of an official map, the legislative body may establish, by resolution or ordinance, a fund for the advance acquisition of rights-of-way for highways of the county or municipality shown on the official map. In establishing the fund, any revenues may be used that are available for highway purposes, including the state-shared motor fuel and gasoline taxes. (b) Taxes may be levied for the purpose of establishing and maintaining the fund and bonds may be issued for the purpose of establishing and maintaining the fund in the same manner and subject to the same conditions as bonds are authorized to be issued for highway purposes. (c) State and federal highways shown on the official map shall be given appropriate consideration in the expenditure of available state or federal funds for the acquisition of rights-of-way. Acts 1965, ch. 251, § 16; T.C.A., §§ 54-2209, 54-19-109.
(a) From and after the adoption of an official map, the legislative body may establish, by resolution or ordinance, a fund for the advance acquisition of rights-of-way for highways of the county or municipality shown on the official map. In establishing the fund, any revenues may be used that are available for highway purposes, including the state-shared motor fuel and gasoline taxes.
(b) Taxes may be levied for the purpose of establishing and maintaining the fund and bonds may be issued for the purpose of establishing and maintaining the fund in the same manner and subject to the same conditions as bonds are authorized to be issued for highway purposes.
(c) State and federal highways shown on the official map shall be given appropriate consideration in the expenditure of available state or federal funds for the acquisition of rights-of-way.
Acts 1965, ch. 251, § 16; T.C.A., §§ 54-2209, 54-19-109.
Tenn. Code Ann. § 54-5-1106 — TN Code / Title 54 / Chapter 5 / Section 54-5-1106
Nonconforming billboards
Status: in_force

No lease payments, royalty payments, or funds of any type received by the state pursuant to this part shall be used for the purchase of nonconforming billboards or used as payment for the taking or removal of nonconforming billboards. Amended by 2013 Tenn. Acts, ch. 471,s 3, eff. 5/20/2013. Acts 1988, ch. 696, § 13.
No lease payments, royalty payments, or funds of any type received by the state pursuant to this part shall be used for the purchase of nonconforming billboards or used as payment for the taking or removal of nonconforming billboards.
Amended by 2013 Tenn. Acts, ch. 471,s 3, eff. 5/20/2013.
Acts 1988, ch. 696, § 13.
Tenn. Code Ann. § 54-12-104 — TN Code / Title 54 / Chapter 12 / Section 54-12-104
Bond for costs and expenses - Increase in penalty or security
Status: in_force

(a) There shall be filed with the petition a bond, with adequate security in a penal sum that the county clerk deems adequate, to be approved by the county clerk, and conditioned for the payment of the costs and expenses of this proceeding, provided the prayer of the petition is not granted, or the petition is dismissed for any cause. (b) The county court may at any time have the bond increased in penalty or security. Acts 1919, ch. 193, § 2; Shan. Supp., § 1682a13; Code 1932, § 2826; modified; T.C.A. (orig. ed.), § 54-1304; impl. am. Acts 1978, ch. 934, §§ 22, 36.
(a) There shall be filed with the petition a bond, with adequate security in a penal sum that the county clerk deems adequate, to be approved by the county clerk, and conditioned for the payment of the costs and expenses of this proceeding, provided the prayer of the petition is not granted, or the petition is dismissed for any cause.
(b) The county court may at any time have the bond increased in penalty or security.
Acts 1919, ch. 193, § 2; Shan. Supp., § 1682a13; Code 1932, § 2826; modified; T.C.A. (orig. ed.), § 54-1304; impl. am. Acts 1978, ch. 934, §§ 22, 36.
Tenn. Code Ann. § 54-5-805 — TN Code / Title 54 / Chapter 5 / Section 54-5-805
Hearing - Notice - Rules and regulations promulgated by commissioner - Appeals
Status: in_force

(a) All hearings held under this part shall be public and upon not less than a fifteen-day written notice of the time, place and purpose of the hearing to each utility whose services or facilities may be affected, and to each municipality in which any part of the proposed highway improvement is to be located. Hearings may be held before the commissioner, or any representative designated by the commissioner, and at a place designated in the notice. (b) A record of the testimony shall be taken at the hearing and a transcript of the hearing furnished to anyone upon request and payment of the cost of the transcript. (c) The findings and orders shall be in writing and a copy of the findings and orders served upon the parties to the proceedings. (d) The commissioner may promulgate rules to govern proceedings under this part. (e) Any party aggrieved by any order may appeal to the chancery court of Davidson County within thirty (30) days of the entry of the order by filing a petition for review of the order. Upon receiving notice of the order, it shall be the duty of the commissioner or the commissioner's authorized agent to prepare and transmit a transcript of the record of the hearing, including all testimony, findings and orders, which shall be the record in the cause. If it is made to appear to the court that the order appealed from is unreasonable or unlawful, the order shall be vacated and annulled and the entire matter remanded to the commissioner for further proceeding consistent with the decision of the court; provided, that the appeal shall not operate as a stay of any order of the commissioner unless the court so orders. (f) Any party aggrieved by the order or decision of the chancery court may appeal from the order or decision to the supreme court in accordance with the rules for appeals in civil cases. Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 5; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-566; Acts 1981, ch. 264, § 12.
(a) All hearings held under this part shall be public and upon not less than a fifteen-day written notice of the time, place and purpose of the hearing to each utility whose services or facilities may be affected, and to each municipality in which any part of the proposed highway improvement is to be located. Hearings may be held before the commissioner, or any representative designated by the commissioner, and at a place designated in the notice.
(b) A record of the testimony shall be taken at the hearing and a transcript of the hearing furnished to anyone upon request and payment of the cost of the transcript.
(c) The findings and orders shall be in writing and a copy of the findings and orders served upon the parties to the proceedings.
(d) The commissioner may promulgate rules to govern proceedings under this part.
(e) Any party aggrieved by any order may appeal to the chancery court of Davidson County within thirty (30) days of the entry of the order by filing a petition for review of the order. Upon receiving notice of the order, it shall be the duty of the commissioner or the commissioner's authorized agent to prepare and transmit a transcript of the record of the hearing, including all testimony, findings and orders, which shall be the record in the cause. If it is made to appear to the court that the order appealed from is unreasonable or unlawful, the order shall be vacated and annulled and the entire matter remanded to the commissioner for further proceeding consistent with the decision of the court; provided, that the appeal shall not operate as a stay of any order of the commissioner unless the court so orders.
(f) Any party aggrieved by the order or decision of the chancery court may appeal from the order or decision to the supreme court in accordance with the rules for appeals in civil cases.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 5; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-566; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-11-222 — TN Code / Title 54 / Chapter 11 / Section 54-11-222
Joint county and city bridges authorized - Terms - Toll or free
Status: in_force

(a) The county, acting through the county legislative body, has the power to unite with any municipal corporation in the erection and regulation of bridges for public travel and traffic, over any stream, running by or through the municipality, upon terms agreed upon by the county and municipality erecting the bridges. (b) The bridges may be toll or free, and may be changed from toll to free, or from free to toll bridges, from time to time, by the joint action of the county and municipality interested. Acts 1901, ch. 99, § 1; Shan., § 1716a1; Code 1932, § 3028; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1128.
(a) The county, acting through the county legislative body, has the power to unite with any municipal corporation in the erection and regulation of bridges for public travel and traffic, over any stream, running by or through the municipality, upon terms agreed upon by the county and municipality erecting the bridges.
(b) The bridges may be toll or free, and may be changed from toll to free, or from free to toll bridges, from time to time, by the joint action of the county and municipality interested.
Acts 1901, ch. 99, § 1; Shan., § 1716a1; Code 1932, § 3028; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1128.
Tenn. Code Ann. § 54-16-106 — TN Code / Title 54 / Chapter 16 / Section 54-16-106
Agreements between public agencies
Status: in_force

The highway authorities of the state, counties, cities, and towns are authorized to enter into agreements with each other, or with the federal government, respecting the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of controlled-access facilities or other public ways in their respective jurisdictions, to facilitate the purposes of this chapter. Acts 1955, ch. 147, § 6; T.C.A., § 54-2006.
The highway authorities of the state, counties, cities, and towns are authorized to enter into agreements with each other, or with the federal government, respecting the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of controlled-access facilities or other public ways in their respective jurisdictions, to facilitate the purposes of this chapter.
Acts 1955, ch. 147, § 6; T.C.A., § 54-2006.
Tenn. Code Ann. § 54-12-207 — TN Code / Title 54 / Chapter 12 / Section 54-12-207
Objections to assessment and apportionment - Filing
Status: in_force

Any objections to the assessment and apportionment shall be filed in writing with the county clerk on or before twelve o'clock (12:00) noon of the day the matter of the assessment and apportionment is set for hearing by the monthly county court. Acts 1919, ch. 193, § 49; Shan. Supp., § 1682a61; Code 1932, § 2875; modified; T.C.A. (orig. ed.), § 54-1407; impl. am. Acts 1978, ch. 934, §§ 22, 36.
Any objections to the assessment and apportionment shall be filed in writing with the county clerk on or before twelve o'clock (12:00) noon of the day the matter of the assessment and apportionment is set for hearing by the monthly county court.
Acts 1919, ch. 193, § 49; Shan. Supp., § 1682a61; Code 1932, § 2875; modified; T.C.A. (orig. ed.), § 54-1407; impl. am. Acts 1978, ch. 934, §§ 22, 36.
Tenn. Code Ann. § 54-1-403 — TN Code / Title 54 / Chapter 1 / Section 54-1-403
Minimum information in a report - Confidentiality
Status: in_force

(a) When reporting litterers to the department of transportation, whether via the internet, e-mail or telephone, citizens shall provide the following information, at a minimum: (1) The offender's motor vehicle registration number, Tennessee plates only; (2) The make and model of the offender's motor vehicle; (3) The date and time of day the littering offense occurred; (4) The approximate location at which the littering offense occurred; (5) The person or entity who committed the littering offense, whether driver, passenger or accidental discharge from a load; and (6) The item or items improperly discharged from the motor vehicle that are the basis for the littering offense. (b) Litter reports, whether made via the internet, e-mail or telephone, shall be deemed confidential. Neither the identity of the person making the report, nor the specific information compiled in the report, shall be available to any person other than an official or employee of the department having responsibility in the administration and enforcement of the program. Acts 2005, ch. 128, § 3.
(a) When reporting litterers to the department of transportation, whether via the internet, e-mail or telephone, citizens shall provide the following information, at a minimum: (1) The offender's motor vehicle registration number, Tennessee plates only; (2) The make and model of the offender's motor vehicle; (3) The date and time of day the littering offense occurred; (4) The approximate location at which the littering offense occurred; (5) The person or entity who committed the littering offense, whether driver, passenger or accidental discharge from a load; and (6) The item or items improperly discharged from the motor vehicle that are the basis for the littering offense.
(1) The offender's motor vehicle registration number, Tennessee plates only;
(2) The make and model of the offender's motor vehicle;
(3) The date and time of day the littering offense occurred;
(4) The approximate location at which the littering offense occurred;
(5) The person or entity who committed the littering offense, whether driver, passenger or accidental discharge from a load; and
(6) The item or items improperly discharged from the motor vehicle that are the basis for the littering offense.
(b) Litter reports, whether made via the internet, e-mail or telephone, shall be deemed confidential. Neither the identity of the person making the report, nor the specific information compiled in the report, shall be available to any person other than an official or employee of the department having responsibility in the administration and enforcement of the program.
Acts 2005, ch. 128, § 3.
Tenn. Code Ann. § 54-5-141 — TN Code / Title 54 / Chapter 5 / Section 54-5-141
Highway rights-of-way - Retention for scenic or environmental purposes
Status: in_force

The department shall consider whether highway rights-of-way are suitable for retention in order to restore, preserve, or improve the scenic beauty and environmental quality adjacent to the highway, prior to declaring the rights-of-way surplus and conveying them for uses other than highways. The department is encouraged to retain, rather than dispose of, its interests in these rights-of-way. Acts 1991, ch. 295, § 1.
The department shall consider whether highway rights-of-way are suitable for retention in order to restore, preserve, or improve the scenic beauty and environmental quality adjacent to the highway, prior to declaring the rights-of-way surplus and conveying them for uses other than highways. The department is encouraged to retain, rather than dispose of, its interests in these rights-of-way.
Acts 1991, ch. 295, § 1.
Tenn. Code Ann. § 54-5-1303 — TN Code / Title 54 / Chapter 5 / Section 54-5-1303
Rules
Status: in_force

The department of transportation shall promulgate necessary rules to accomplish the effect and intent of this part. The rules shall define eligible users of TODS; establish an application process for obtaining a TODS sign; provide for the department to charge fees to cover the cost of signing and administration of the TODS program; and address other topics suggested in the Manual on Uniform Traffic Control Devices. Amended by 2016 Tenn. Acts, ch. 892, s 3, eff. 4/27/2016. Acts 1993, ch. 505, § 3; T.C.A. § 54-5-1302 ; Acts 1995, ch. 518, § 4.
The department of transportation shall promulgate necessary rules to accomplish the effect and intent of this part. The rules shall define eligible users of TODS; establish an application process for obtaining a TODS sign; provide for the department to charge fees to cover the cost of signing and administration of the TODS program; and address other topics suggested in the Manual on Uniform Traffic Control Devices.
Amended by 2016 Tenn. Acts, ch. 892, s 3, eff. 4/27/2016.
Acts 1993, ch. 505, § 3; T.C.A. § 54-5-1302 ; Acts 1995, ch. 518, § 4.
Tenn. Code Ann. § 54-12-412 — TN Code / Title 54 / Chapter 12 / Section 54-12-412
Bill in chancery to sell land for collection of delinquent assessments
Status: in_force

When assessments have been due and delinquent for sixty (60) days, bills may be filed in the chancery court of the county, or chancery district in which the lands lie, upon which the assessments are due and delinquent, for the collection of the assessments, out of the lands by a sale of the lands in all cases. Acts 1919, ch. 193, § 94; Shan. Supp., § 1682a107; Code 1932, § 2922; T.C.A. (orig. ed.), § 54-1612.
When assessments have been due and delinquent for sixty (60) days, bills may be filed in the chancery court of the county, or chancery district in which the lands lie, upon which the assessments are due and delinquent, for the collection of the assessments, out of the lands by a sale of the lands in all cases.
Acts 1919, ch. 193, § 94; Shan. Supp., § 1682a107; Code 1932, § 2922; T.C.A. (orig. ed.), § 54-1612.
Tenn. Code Ann. § 54-5-703 — TN Code / Title 54 / Chapter 5 / Section 54-5-703
Signs not to be erected along highways designated as main traveled roads
Status: in_force

No person not of the department shall erect a sign of any character upon the right-of-way of any street, road, or highway, outside of incorporated municipalities, designated by the department as a main traveled road and included in the general highway plan of the state. Acts 1925, ch. 87, § 1; Shan. Supp., § 1673a1; mod. Code 1932, § 2800; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-538; Acts 1981, ch. 264, § 12.
No person not of the department shall erect a sign of any character upon the right-of-way of any street, road, or highway, outside of incorporated municipalities, designated by the department as a main traveled road and included in the general highway plan of the state.
Acts 1925, ch. 87, § 1; Shan. Supp., § 1673a1; mod. Code 1932, § 2800; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-538; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-12-105 — TN Code / Title 54 / Chapter 12 / Section 54-12-105
Road improvement district confined to boundaries of county
Status: in_force

The bounds proposed to be embraced in the improvement district shall not go beyond the boundaries of the county in which the petition is filed, and the petition shall be accompanied by a general plat showing the location of the improvement district and the relation to the lines of the county in which it is created. Acts 1919, ch. 193, § 2; Shan. Supp., § 1682a14; Code 1932, § 2827; T.C.A. (orig. ed.), § 54-1305.
The bounds proposed to be embraced in the improvement district shall not go beyond the boundaries of the county in which the petition is filed, and the petition shall be accompanied by a general plat showing the location of the improvement district and the relation to the lines of the county in which it is created.
Acts 1919, ch. 193, § 2; Shan. Supp., § 1682a14; Code 1932, § 2827; T.C.A. (orig. ed.), § 54-1305.
Tenn. Code Ann. § 54-21-111 — TN Code / Title 54 / Chapter 21 / Section 54-21-111
Rulemaking and enforcement by commissioner
Status: in_force

The commissioner shall promulgate and enforce rules necessary to carry out this chapter and 23 U.S.C. § 131 . Amended by 2023 Tenn. Acts, ch. 63, s 1, eff. 3/23/2023. Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Acts 1972, ch. 655, § 11; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2611; Acts 1980, ch. 470, § 2.
The commissioner shall promulgate and enforce rules necessary to carry out this chapter and 23 U.S.C. § 131 .
Amended by 2023 Tenn. Acts, ch. 63, s 1, eff. 3/23/2023.
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Acts 1972, ch. 655, § 11; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2611; Acts 1980, ch. 470, § 2.
Tenn. Code Ann. § 54-12-426 — TN Code / Title 54 / Chapter 12 / Section 54-12-426
Surplus funds from assessments, bonds, or notes - Disposition
Status: in_force

(a) When, in the making of any improvement for a road improvement district provided for in this chapter, bonds or notes of the districts have heretofore been made or hereafter sold for the purpose of providing funds for the improvement, and money is left over of the proceeds of the sale of the bonds or notes after the improvement has been paid for, for which the bonds or notes were issued and sold, the board of directors of the improvement district, with the approval of the entity exercising the former jurisdiction of the monthly county court having jurisdiction of the cause in which the district was created shall have the power to disburse the surplus funds for further improving the roads in the district as may be deemed best, or the surplus funds and money may be used by paying all or in part any assessment made on the lands of the district and not yet collected, in which event the particular assessment, or part of the assessment, need not be collected; or the surplus of funds may be used in purchasing and retiring any of the bonds or notes issued; provided, that they can be bought at not above par with any accrued interest on the bonds or notes. (b) The board of directors, with the approval of the court, has the right and power to dispose of surplus funds in any of the methods set out in subsection (a) that the board and the court may deem best for the district, the court to concur, by its order or decree, in the disposition. Acts 1919, ch. 193, § 94; Shan. Supp., § 1682a108; Code 1932, § 2923; modified; T.C.A. (orig. ed.), § 54-1626; Acts 1988, ch. 750, § 64.
(a) When, in the making of any improvement for a road improvement district provided for in this chapter, bonds or notes of the districts have heretofore been made or hereafter sold for the purpose of providing funds for the improvement, and money is left over of the proceeds of the sale of the bonds or notes after the improvement has been paid for, for which the bonds or notes were issued and sold, the board of directors of the improvement district, with the approval of the entity exercising the former jurisdiction of the monthly county court having jurisdiction of the cause in which the district was created shall have the power to disburse the surplus funds for further improving the roads in the district as may be deemed best, or the surplus funds and money may be used by paying all or in part any assessment made on the lands of the district and not yet collected, in which event the particular assessment, or part of the assessment, need not be collected; or the surplus of funds may be used in purchasing and retiring any of the bonds or notes issued; provided, that they can be bought at not above par with any accrued interest on the bonds or notes.
(b) The board of directors, with the approval of the court, has the right and power to dispose of surplus funds in any of the methods set out in subsection (a) that the board and the court may deem best for the district, the court to concur, by its order or decree, in the disposition.
Acts 1919, ch. 193, § 94; Shan. Supp., § 1682a108; Code 1932, § 2923; modified; T.C.A. (orig. ed.), § 54-1626; Acts 1988, ch. 750, § 64.
Tenn. Code Ann. § 54-1-127 — TN Code / Title 54 / Chapter 1 / Section 54-1-127
Installation of natural gas line via bridge attachment
Status: in_force

The commissioner of transportation has the authority to approve, for economic development purposes, installation of a natural gas line via bridge attachment. Acts 1992, ch. 897, § 2.
The commissioner of transportation has the authority to approve, for economic development purposes, installation of a natural gas line via bridge attachment.
Acts 1992, ch. 897, § 2.
Tenn. Code Ann. § 54-10-212 — TN Code / Title 54 / Chapter 10 / Section 54-10-212
Waiver of damage by landowners
Status: in_force

When landowners and those controlling land touched by the highway proposed to be opened, changed or closed waive, in writing, any claim for damages sustained by the opening, changing or closing, then the commissioner or commissioners shall proceed, independently of a jury of view, to execute the particular action asked in the petition, if, in their discretion, they think the public interest will not be materially injured by the action. Acts 1891, ch. 1, § 14; Shan., § 1631; Code 1932, § 2741; T.C.A. (orig. ed.), § 54-916.
When landowners and those controlling land touched by the highway proposed to be opened, changed or closed waive, in writing, any claim for damages sustained by the opening, changing or closing, then the commissioner or commissioners shall proceed, independently of a jury of view, to execute the particular action asked in the petition, if, in their discretion, they think the public interest will not be materially injured by the action.
Acts 1891, ch. 1, § 14; Shan., § 1631; Code 1932, § 2741; T.C.A. (orig. ed.), § 54-916.
Tenn. Code Ann. § 54-10-202 — TN Code / Title 54 / Chapter 10 / Section 54-10-202
Notice to interested parties of action to open or close
Status: in_force

No road shall be opened, changed, or closed, without giving at least five-days' notice to all interested parties of the time the road or roads are to be opened, changed, or closed, and a surveyor or civil engineer may be employed, if necessary, to locate the interested parties. Landowners and those controlling land touched by the proposed highway shall be deemed interested parties. Acts 1891, ch. 1, § 14; Shan., § 1621; Code 1932, § 2731; T.C.A. (orig. ed.), § 54-906.
No road shall be opened, changed, or closed, without giving at least five-days' notice to all interested parties of the time the road or roads are to be opened, changed, or closed, and a surveyor or civil engineer may be employed, if necessary, to locate the interested parties. Landowners and those controlling land touched by the proposed highway shall be deemed interested parties.
Acts 1891, ch. 1, § 14; Shan., § 1621; Code 1932, § 2731; T.C.A. (orig. ed.), § 54-906.
Tenn. Code Ann. § 54-18-103 — TN Code / Title 54 / Chapter 18 / Section 54-18-103
Scope of agreements
Status: in_force

Planning may include, but shall not be limited to: (1) The collection, analysis, and interpretation of pertinent data concerning transportation facilities, travel patterns, land use, economic activity, (population and employment), financial resources, and existing legislation; (2) The forecasting of future development and of future travel demands; (3) The establishment of transportation objectives and standards; (4) The development and evaluation of transportation plans through an appraisal of practicable alternatives; (5) The preparation and dissemination of pertinent information needed by official agencies in their considerations leading to the adoption of plans and necessary for realistic decisions by citizens with respect to their support of improvement programs; and (6) The preparation of recommendations concerning the scheduling of the improvements, coordination with other development programs, revision of ordinances and regulations, and additional legislation, if necessary. Acts 1963, ch. 130, § 3; T.C.A., § 54-2103.
Planning may include, but shall not be limited to:
(1) The collection, analysis, and interpretation of pertinent data concerning transportation facilities, travel patterns, land use, economic activity, (population and employment), financial resources, and existing legislation;
(2) The forecasting of future development and of future travel demands;
(3) The establishment of transportation objectives and standards;
(4) The development and evaluation of transportation plans through an appraisal of practicable alternatives;
(5) The preparation and dissemination of pertinent information needed by official agencies in their considerations leading to the adoption of plans and necessary for realistic decisions by citizens with respect to their support of improvement programs; and
(6) The preparation of recommendations concerning the scheduling of the improvements, coordination with other development programs, revision of ordinances and regulations, and additional legislation, if necessary.
Acts 1963, ch. 130, § 3; T.C.A., § 54-2103.
Tenn. Code Ann. § 54-5-853 — TN Code / Title 54 / Chapter 5 / Section 54-5-853
Notification of owners - Response - Failure to reply
Status: in_force

(a) Before beginning construction, the department shall identify and notify the owners of utility facilities that occupy or may occupy the rights-of-way of all highways described in the notice on which construction is proposed to be performed either by certified mail, return receipt requested, or by electronic transmission of a digital copy in the format, and subject to such restrictions on use, as the department may specify, addressed to the designated representative of the owners. The department shall make every reasonable effort to identify the current and correct mailing address for each such owner in order to give actual notice to the appropriate personnel responsible for planning the relocation or adjustment of utility facilities of each owner. (b) Within sixty (60) days following the receipt of notice from the department, the owner shall inform the department, in care of the person sending the notice at the address listed in the notice, whether or not it is the owner of the utility facilities and if so, the type of utility service, description and general location of each facility. (c) For each owner to whom a notice is sent and for whom no response is received by the department within sixty (60) days as to whether or not the owner has utility facilities at the highway location described in the notice, the department shall provide a second notice by certified mail, return receipt requested, or by electronic transmission of a digital copy. (d) Within ten (10) days following the receipt of the second notice from the department, any owner so notified shall inform the department, in care of the person sending the second notice at the address listed in the notice, whether or not it is the owner of the utility facilities and if so, the type of utility service, description and general location of each facility. (e) The failure of an owner to comply with this section shall create a presumption that it is not such an owner, and the department and its contractor may then undertake construction without liability to the owner for damages to the owner's utility facilities, and in addition, the owner shall be liable to the department's contractor for damages resulting from the failure. Amended by 2021 Tenn. Acts, ch. 221, s 2, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 221, s 1, eff. 7/1/2021. Acts 1988, ch. 517, § 3.
(a) Before beginning construction, the department shall identify and notify the owners of utility facilities that occupy or may occupy the rights-of-way of all highways described in the notice on which construction is proposed to be performed either by certified mail, return receipt requested, or by electronic transmission of a digital copy in the format, and subject to such restrictions on use, as the department may specify, addressed to the designated representative of the owners. The department shall make every reasonable effort to identify the current and correct mailing address for each such owner in order to give actual notice to the appropriate personnel responsible for planning the relocation or adjustment of utility facilities of each owner.
(b) Within sixty (60) days following the receipt of notice from the department, the owner shall inform the department, in care of the person sending the notice at the address listed in the notice, whether or not it is the owner of the utility facilities and if so, the type of utility service, description and general location of each facility.
(c) For each owner to whom a notice is sent and for whom no response is received by the department within sixty (60) days as to whether or not the owner has utility facilities at the highway location described in the notice, the department shall provide a second notice by certified mail, return receipt requested, or by electronic transmission of a digital copy.
(d) Within ten (10) days following the receipt of the second notice from the department, any owner so notified shall inform the department, in care of the person sending the second notice at the address listed in the notice, whether or not it is the owner of the utility facilities and if so, the type of utility service, description and general location of each facility.
(e) The failure of an owner to comply with this section shall create a presumption that it is not such an owner, and the department and its contractor may then undertake construction without liability to the owner for damages to the owner's utility facilities, and in addition, the owner shall be liable to the department's contractor for damages resulting from the failure.
Amended by 2021 Tenn. Acts, ch. 221, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 221, s 1, eff. 7/1/2021.
Acts 1988, ch. 517, § 3.
Tenn. Code Ann. § 54-4-201 — TN Code / Title 54 / Chapter 4 / Section 54-4-201
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Municipal street aid fund" means the funds provided for municipalities by §§ 67-3-901 and 67-3-905 ; (2) "Municipality" means any incorporated city or incorporated town charged with the duty of constructing and maintaining streets within its corporate boundaries; (3) "Street" includes streets, highways, avenues, boulevards, publicly owned rights-of-way, bridges, tunnels, public parking areas or other public ways dedicated to public use and maintained for general public travel lying within a municipality's corporate boundaries; and (4) "Street improvements" means construction, reconstruction, improvement and maintenance of streets, including paving, repaving, grading and drainage, repairs, cleaning, acquisition and maintenance of rights-of-way, extension and widening of existing streets, elimination of railroad grade crossings, acquisition or lease or lease/purchase of trucks or other equipment necessary in the construction and maintenance of streets, including the purchase, construction or leasing of facilities to store the equipment, street lighting, signage and other traffic control devices, and administrative and other necessary expenses, including labor and employee benefits, in connection with the street improvements. Acts 1953, ch. 1, § 1 (Williams, § 3407.20); T.C.A. (orig. ed.), § 54-406; Acts 1981, ch. 366, § 9; 1981, ch. 418, § 6; 1993, ch. 178, § 1; 2009, ch. 530, § 98.
As used in this part, unless the context otherwise requires:
(1) "Municipal street aid fund" means the funds provided for municipalities by §§ 67-3-901 and 67-3-905 ;
(2) "Municipality" means any incorporated city or incorporated town charged with the duty of constructing and maintaining streets within its corporate boundaries;
(3) "Street" includes streets, highways, avenues, boulevards, publicly owned rights-of-way, bridges, tunnels, public parking areas or other public ways dedicated to public use and maintained for general public travel lying within a municipality's corporate boundaries; and
(4) "Street improvements" means construction, reconstruction, improvement and maintenance of streets, including paving, repaving, grading and drainage, repairs, cleaning, acquisition and maintenance of rights-of-way, extension and widening of existing streets, elimination of railroad grade crossings, acquisition or lease or lease/purchase of trucks or other equipment necessary in the construction and maintenance of streets, including the purchase, construction or leasing of facilities to store the equipment, street lighting, signage and other traffic control devices, and administrative and other necessary expenses, including labor and employee benefits, in connection with the street improvements.
Acts 1953, ch. 1, § 1 (Williams, § 3407.20); T.C.A. (orig. ed.), § 54-406; Acts 1981, ch. 366, § 9; 1981, ch. 418, § 6; 1993, ch. 178, § 1; 2009, ch. 530, § 98.
Tenn. Code Ann. § 54-14-111 — TN Code / Title 54 / Chapter 14 / Section 54-14-111
Location of easement or right-of-way
Status: in_force

The jury is authorized to locate the easement or right-of-way at a place where the easement or right-of-way will be of service to the petitioner and cause the least amount of monetary damage as practicable to the value of the intervening land. Amended by 2020 Tenn. Acts, ch. 703, s 4, eff. 6/22/2020. Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a9; Code 1932, § 2755; T.C.A. (orig. ed.), § 54-1911.
The jury is authorized to locate the easement or right-of-way at a place where the easement or right-of-way will be of service to the petitioner and cause the least amount of monetary damage as practicable to the value of the intervening land.
Amended by 2020 Tenn. Acts, ch. 703, s 4, eff. 6/22/2020.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a9; Code 1932, § 2755; T.C.A. (orig. ed.), § 54-1911.
Tenn. Code Ann. § 54-12-210 — TN Code / Title 54 / Chapter 12 / Section 54-12-210
District in more than one county - Manner and times of publication
Status: in_force

If the district lies in more than one (1) county, the publication need only be made in one (1) weekly newspaper published in each of the counties having land embraced within the district; and, if there are daily newspapers published in any county, and no weekly newspaper, it shall be sufficient if such publication is made in a daily paper in such county, one (1) day in each week for the length of time required, instead of in a weekly newspaper. Acts 1919, ch. 193, § 50; Shan. Supp., § 1682a64; Code 1932, § 2878; T.C.A. (orig. ed.), § 54-1410.
If the district lies in more than one (1) county, the publication need only be made in one (1) weekly newspaper published in each of the counties having land embraced within the district; and, if there are daily newspapers published in any county, and no weekly newspaper, it shall be sufficient if such publication is made in a daily paper in such county, one (1) day in each week for the length of time required, instead of in a weekly newspaper.
Acts 1919, ch. 193, § 50; Shan. Supp., § 1682a64; Code 1932, § 2878; T.C.A. (orig. ed.), § 54-1410.
Tenn. Code Ann. § 54-5-1204 — TN Code / Title 54 / Chapter 5 / Section 54-5-1204
Participation by community groups
Status: in_force

(a) It is the intent of the general assembly to encourage business groups, civic organizations, garden clubs, and individuals to assist, on a volunteer basis, in planting and maintaining Tennessee native wildflowers, other native plants, and other plants along the highway system and at appropriate interchanges that are heavily traveled. (b) The commissioner of transportation may enter into formal agreements with business groups, civic organizations, garden clubs, and individuals for volunteer services to assist, on a volunteer basis, in planting and maintaining Tennessee native wildflowers, other native plants, and other plants along the highway system in accordance with plans devised by the commissioner after consultation with the volunteers. (c) The commissioner may direct that appropriate signs be erected to recognize and express appreciation to a provider of volunteer services. Acts 1993, ch. 455, § 4.
(a) It is the intent of the general assembly to encourage business groups, civic organizations, garden clubs, and individuals to assist, on a volunteer basis, in planting and maintaining Tennessee native wildflowers, other native plants, and other plants along the highway system and at appropriate interchanges that are heavily traveled.
(b) The commissioner of transportation may enter into formal agreements with business groups, civic organizations, garden clubs, and individuals for volunteer services to assist, on a volunteer basis, in planting and maintaining Tennessee native wildflowers, other native plants, and other plants along the highway system in accordance with plans devised by the commissioner after consultation with the volunteers.
(c) The commissioner may direct that appropriate signs be erected to recognize and express appreciation to a provider of volunteer services.
Acts 1993, ch. 455, § 4.
Tenn. Code Ann. § 54-2-202 — TN Code / Title 54 / Chapter 2 / Section 54-2-202
Annual report to the general assembly
Status: in_force

(a) Prior to January 1, 2024, and prior to each January 1 thereafter, the department of transportation shall submit a report to the speakers of the senate and the house of representatives, the chair of the transportation and safety committee of the senate, and the chair of the transportation committee of the house of representatives, on the status of projects funded by the transportation modernization fund. (b) The report must include for each project: (1) The date on which engineering activities began, or are anticipated to begin, if known; (2) The date on which right-of-way acquisition activities began, or are anticipated to begin, if known; (3) The date on which construction activities began, or are anticipated to begin, if known; and (4) The date on which construction was completed, as applicable. Added by 2023 Tenn. Acts, ch. 159, s 15, eff. 4/17/2023.
(a) Prior to January 1, 2024, and prior to each January 1 thereafter, the department of transportation shall submit a report to the speakers of the senate and the house of representatives, the chair of the transportation and safety committee of the senate, and the chair of the transportation committee of the house of representatives, on the status of projects funded by the transportation modernization fund.
(b) The report must include for each project: (1) The date on which engineering activities began, or are anticipated to begin, if known; (2) The date on which right-of-way acquisition activities began, or are anticipated to begin, if known; (3) The date on which construction activities began, or are anticipated to begin, if known; and (4) The date on which construction was completed, as applicable.
(1) The date on which engineering activities began, or are anticipated to begin, if known;
(2) The date on which right-of-way acquisition activities began, or are anticipated to begin, if known;
(3) The date on which construction activities began, or are anticipated to begin, if known; and
(4) The date on which construction was completed, as applicable.
Added by 2023 Tenn. Acts, ch. 159, s 15, eff. 4/17/2023.
Tenn. Code Ann. § 54-4-604 — TN Code / Title 54 / Chapter 4 / Section 54-4-604
Maintenance of projects
Status: in_force

Any project undertaken pursuant to this part shall be maintained by the local government, as defined in § 54-4-502 , within whose jurisdiction the project lies. Added by 2017 Tenn. Acts, ch. 425,s 2, eff. 7/1/2017.
Any project undertaken pursuant to this part shall be maintained by the local government, as defined in § 54-4-502 , within whose jurisdiction the project lies.
Added by 2017 Tenn. Acts, ch. 425,s 2, eff. 7/1/2017.
Tenn. Code Ann. § 54-5-702 — TN Code / Title 54 / Chapter 5 / Section 54-5-702
Reserved
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 472, s 2, eff. 7/1/2013. Acts 1953, ch. 31, § 2 (Williams, § 2799.2); T.C.A. (orig. ed.), § 54-537.
Repealed by 2013 Tenn. Acts, ch. 472, s 2, eff. 7/1/2013.
Acts 1953, ch. 31, § 2 (Williams, § 2799.2); T.C.A. (orig. ed.), § 54-537.
Tenn. Code Ann. § 54-10-214 — TN Code / Title 54 / Chapter 10 / Section 54-10-214
Jury of view in joint districts
Status: in_force

(a) Where any two (2) road districts are involved in any question requiring a jury of view, the two (2) commissioners and one (1) freeholder shall constitute the jury. (b) Where three (3) or more districts are involved, then the commissioners of all the districts interested shall constitute the jury of view, and no commissioner shall be required to take an oath before serving on the jury of view. Acts 1891, ch. 1, § 14; Shan., § 1633; Code 1932, § 2743; T.C.A. (orig. ed.), § 54-918.
(a) Where any two (2) road districts are involved in any question requiring a jury of view, the two (2) commissioners and one (1) freeholder shall constitute the jury.
(b) Where three (3) or more districts are involved, then the commissioners of all the districts interested shall constitute the jury of view, and no commissioner shall be required to take an oath before serving on the jury of view.
Acts 1891, ch. 1, § 14; Shan., § 1633; Code 1932, § 2743; T.C.A. (orig. ed.), § 54-918.
Tenn. Code Ann. § 54-6-119 — TN Code / Title 54 / Chapter 6 / Section 54-6-119
Termination dates of original permanent financing and comprehensive agreement
Status: in_force

The responsible public entity shall determine the date of termination of the original permanent financing and the comprehensive agreement. The responsible public entity may change or extend the termination dates to take into account any refinancing of the original permanent financing, including any refinancing for the purpose of expansion, or any early termination of the original permanent financing to the extent that such modification serves the public purpose of this chapter. Upon the termination of the comprehensive agreement, the authority and duties of the eligible private entity under this chapter shall cease, and the qualifying transportation facility shall be dedicated to the responsible public entity or, if the qualifying transportation facility was initially dedicated by an affected jurisdiction, to such affected jurisdiction for public use. Upon termination of the financing or comprehensive agreement, the responsible public entity may select another private entity pursuant to this chapter to provide the financing or complete the development, redevelopment, or operation of the qualifying transportation facility. Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
The responsible public entity shall determine the date of termination of the original permanent financing and the comprehensive agreement. The responsible public entity may change or extend the termination dates to take into account any refinancing of the original permanent financing, including any refinancing for the purpose of expansion, or any early termination of the original permanent financing to the extent that such modification serves the public purpose of this chapter. Upon the termination of the comprehensive agreement, the authority and duties of the eligible private entity under this chapter shall cease, and the qualifying transportation facility shall be dedicated to the responsible public entity or, if the qualifying transportation facility was initially dedicated by an affected jurisdiction, to such affected jurisdiction for public use. Upon termination of the financing or comprehensive agreement, the responsible public entity may select another private entity pursuant to this chapter to provide the financing or complete the development, redevelopment, or operation of the qualifying transportation facility.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-9-119 — TN Code / Title 54 / Chapter 9 / Section 54-9-119
Bond of commissioners
Status: in_force

The commissioners shall execute a good and solvent bond, in an amount to be specified by the county legislative body, payable to the state, for the benefit of the county from which they were elected, conditioned that they will faithfully and impartially execute all the duties imposed upon them, without favor for any part of the county over that of any other part of the county; that they will honestly and faithfully expend and account for all moneys coming into their hands; and that they will as honestly and economically expend the money for the county as if it were their own private funds. The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19. Amended by 2023 Tenn. Acts, ch. 207, s 26, eff. 7/1/2023. Acts 1913 (1st Ex. Sess.), ch. 26, § 7; Shan., § 1695a20; Code 1932, § 2982; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-821; Acts 1998, ch. 677, § 18; 2012 , ch. 974, § 2.
The commissioners shall execute a good and solvent bond, in an amount to be specified by the county legislative body, payable to the state, for the benefit of the county from which they were elected, conditioned that they will faithfully and impartially execute all the duties imposed upon them, without favor for any part of the county over that of any other part of the county; that they will honestly and faithfully expend and account for all moneys coming into their hands; and that they will as honestly and economically expend the money for the county as if it were their own private funds. The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19.
Amended by 2023 Tenn. Acts, ch. 207, s 26, eff. 7/1/2023.
Acts 1913 (1st Ex. Sess.), ch. 26, § 7; Shan., § 1695a20; Code 1932, § 2982; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-821; Acts 1998, ch. 677, § 18; 2012 , ch. 974, § 2.
Tenn. Code Ann. § 54-1-135 — TN Code / Title 54 / Chapter 1 / Section 54-1-135
Transportation system failure
Status: in_force

(a) In the event of a transportation system failure, an imminent threat of a failure, or other emergency that the commissioner reasonably believes would present a hazard to the traveling public or a significant delay in transportation, then the commissioner shall have the authority to enter into contracts narrowly tailored to remedy the actual or imminent failure or other emergency by one of the following methods: (1) When conditions allow, bids will be taken at a special letting. The commissioner is authorized to waive any provisions of this title related to bidding to effectuate this special letting including advertisement, time periods and notice; or (2) If the commissioner determines that the failure, threatened failure, or other emergency requires immediate attention, then the commissioner may enter into a contract through noncompetitive selection of a prequalified contractor available to undertake the repairs immediately. (b) In the event the commissioner enters into a contract under this section, the commissioner shall provide immediate written notice to the commissioner of finance and administration and to the comptroller. Within thirty (30) days of the commissioner entering into a contract under this section, copies of all bids and supporting documentation shall be filed with the fiscal review committee. Acts 2004, ch. 603, § 1.
(a) In the event of a transportation system failure, an imminent threat of a failure, or other emergency that the commissioner reasonably believes would present a hazard to the traveling public or a significant delay in transportation, then the commissioner shall have the authority to enter into contracts narrowly tailored to remedy the actual or imminent failure or other emergency by one of the following methods: (1) When conditions allow, bids will be taken at a special letting. The commissioner is authorized to waive any provisions of this title related to bidding to effectuate this special letting including advertisement, time periods and notice; or (2) If the commissioner determines that the failure, threatened failure, or other emergency requires immediate attention, then the commissioner may enter into a contract through noncompetitive selection of a prequalified contractor available to undertake the repairs immediately.
(1) When conditions allow, bids will be taken at a special letting. The commissioner is authorized to waive any provisions of this title related to bidding to effectuate this special letting including advertisement, time periods and notice; or
(2) If the commissioner determines that the failure, threatened failure, or other emergency requires immediate attention, then the commissioner may enter into a contract through noncompetitive selection of a prequalified contractor available to undertake the repairs immediately.
(b) In the event the commissioner enters into a contract under this section, the commissioner shall provide immediate written notice to the commissioner of finance and administration and to the comptroller. Within thirty (30) days of the commissioner entering into a contract under this section, copies of all bids and supporting documentation shall be filed with the fiscal review committee.
Acts 2004, ch. 603, § 1.
Tenn. Code Ann. § 54-7-109 — TN Code / Title 54 / Chapter 7 / Section 54-7-109
Duties of chief administrative officer
Status: in_force

(a) The chief administrative officer shall be the head of the highway department and shall have general control over the location, relocation, construction, reconstruction, repair and maintenance of the county road systems of the county, including roads designated as county roads under § 13-3-406 and including bridges and ferries, but not including roads and bridges under the supervision of the department of transportation or a municipality. (b) It is the duty of the chief administrative officer to employ qualified administrative personnel as required to handle all administrative functions, including maintenance of financial records, inventory of equipment, supplies, and materials, preservation of maintenance records, maintenance of the official county road list, and all other functions necessary for the operation of the highway department. (c) The chief administrative officer is authorized to determine the total number of employees of the highway department, to determine personnel policies, hours of work, to establish job classifications, and to establish policies and wages within the classifications. The compensation established by the chief administrative officer should be in keeping with the compensation paid for similar services in the county and surrounding area. Acts 1974, ch. 738, § 8; 1977, ch. 369, §§ 1, 2; modified; T.C.A., § 54-1009; Acts 1981, ch. 180, §§ 1, 3; impl. am. Acts 1981, ch. 264, § 12; Acts 2012, ch. 689, § 4.
(a) The chief administrative officer shall be the head of the highway department and shall have general control over the location, relocation, construction, reconstruction, repair and maintenance of the county road systems of the county, including roads designated as county roads under § 13-3-406 and including bridges and ferries, but not including roads and bridges under the supervision of the department of transportation or a municipality.
(b) It is the duty of the chief administrative officer to employ qualified administrative personnel as required to handle all administrative functions, including maintenance of financial records, inventory of equipment, supplies, and materials, preservation of maintenance records, maintenance of the official county road list, and all other functions necessary for the operation of the highway department.
(c) The chief administrative officer is authorized to determine the total number of employees of the highway department, to determine personnel policies, hours of work, to establish job classifications, and to establish policies and wages within the classifications. The compensation established by the chief administrative officer should be in keeping with the compensation paid for similar services in the county and surrounding area.
Acts 1974, ch. 738, § 8; 1977, ch. 369, §§ 1, 2; modified; T.C.A., § 54-1009; Acts 1981, ch. 180, §§ 1, 3; impl. am. Acts 1981, ch. 264, § 12; Acts 2012, ch. 689, § 4.
Tenn. Code Ann. § 54-10-204 — TN Code / Title 54 / Chapter 10 / Section 54-10-204
Jury of view - Members - Oath
Status: in_force

(a) Where the opening, changing, or closing of a public highway only affects one (1) commissioner's district, the commissioner shall associate with two (2) other freeholders of the district with whom the commissioner has never consulted on the question involved, and who shall be in no way related to the parties affected by the opening, changing, or closing of the highway, and who shall take and subscribe to an oath before the commissioner to act without favor or partiality in the matter, whose oaths, thus subscribed, shall become part of the record, upon appeal being taken. (b) The commissioner and two (2) freeholders shall constitute a jury of view. Acts 1891, ch. 1, § 14; Shan., § 1623; Code 1932, § 2733; T.C.A. (orig. ed.), § 54-908.
(a) Where the opening, changing, or closing of a public highway only affects one (1) commissioner's district, the commissioner shall associate with two (2) other freeholders of the district with whom the commissioner has never consulted on the question involved, and who shall be in no way related to the parties affected by the opening, changing, or closing of the highway, and who shall take and subscribe to an oath before the commissioner to act without favor or partiality in the matter, whose oaths, thus subscribed, shall become part of the record, upon appeal being taken.
(b) The commissioner and two (2) freeholders shall constitute a jury of view.
Acts 1891, ch. 1, § 14; Shan., § 1623; Code 1932, § 2733; T.C.A. (orig. ed.), § 54-908.
Tenn. Code Ann. § 54-5-404 — TN Code / Title 54 / Chapter 5 / Section 54-5-404
State-local agreements
Status: in_force

The department is authorized to enter into agreements with municipalities regarding the acquisition of rights-of-way adequate for present and foreseeable needs and the proportion of preliminary engineering, design, and construction costs to be paid by the state and by the municipality. Amended by 2014 Tenn. Acts, ch. 546, s 4, eff. 3/17/2014. Acts 1959, ch. 264, § 4; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A, § 54-549.
The department is authorized to enter into agreements with municipalities regarding the acquisition of rights-of-way adequate for present and foreseeable needs and the proportion of preliminary engineering, design, and construction costs to be paid by the state and by the municipality.
Amended by 2014 Tenn. Acts, ch. 546, s 4, eff. 3/17/2014.
Acts 1959, ch. 264, § 4; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A, § 54-549.
Tenn. Code Ann. § 54-11-218 — TN Code / Title 54 / Chapter 11 / Section 54-11-218
Taxes to be collected by trustee
Status: in_force

The moneys shall be collected by the county trustee and be kept by the county trustee subject to the order of the county legislative body, which order, together with the receipt of the person in whose favor it is made, shall be a sufficient voucher for the county trustee in settlement with the county mayor. Code 1858, § 1271 (deriv. Acts 1835-1836, ch. 29, § 2); Shan., § 1735; mod. Code 1932, § 3061; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 54-1124; Acts 2003, ch. 90, § 2.
The moneys shall be collected by the county trustee and be kept by the county trustee subject to the order of the county legislative body, which order, together with the receipt of the person in whose favor it is made, shall be a sufficient voucher for the county trustee in settlement with the county mayor.
Code 1858, § 1271 (deriv. Acts 1835-1836, ch. 29, § 2); Shan., § 1735; mod. Code 1932, § 3061; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 54-1124; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 54-16-101 — TN Code / Title 54 / Chapter 16 / Section 54-16-101
"Controlled-access facility" defined
Status: in_force

(a) For the purposes of this chapter, "controlled-access facility" means a highway or street specially designed for through traffic, and over, from or to which owners or occupants of abutting land or other persons have no right or easement of access from abutting properties. (b) The highways or streets may be parkways, from which trucks, buses, and other commercial vehicles shall be excluded; or they may be freeways open to use by all customary forms of street and highway traffic. Acts 1955, ch. 147, § 1; T.C.A., § 54-2001.
(a) For the purposes of this chapter, "controlled-access facility" means a highway or street specially designed for through traffic, and over, from or to which owners or occupants of abutting land or other persons have no right or easement of access from abutting properties.
(b) The highways or streets may be parkways, from which trucks, buses, and other commercial vehicles shall be excluded; or they may be freeways open to use by all customary forms of street and highway traffic.
Acts 1955, ch. 147, § 1; T.C.A., § 54-2001.
Tenn. Code Ann. § 54-5-131 — TN Code / Title 54 / Chapter 5 / Section 54-5-131
Public hearings
Status: in_force

(a) State highway projects funded totally from state appropriations shall be subject to public hearings only in the following instances: (1) The commissioner determines that the public interest would be served if a public hearing was held; or (2) The commissioner determines that the project: (A) Requires the acquisition of significant amounts of right-of-way; or (B) Substantially changes the layout or function of connecting roadways or of the project roadway. (b) The department shall hold the hearings at convenient locations before plans for the project are finally adopted, and shall consider the economic and social effects of the proposed location of the proposed highway, as well as its impact on the environment, and its consistency with the goals and objectives of any urban planning as may have been adopted by the community. Acts 1972, ch. 829, § 7; T.C.A., § 54-579; Acts 1980, ch. 516, § 1; 1985, ch. 218, § 1.
(a) State highway projects funded totally from state appropriations shall be subject to public hearings only in the following instances: (1) The commissioner determines that the public interest would be served if a public hearing was held; or (2) The commissioner determines that the project: (A) Requires the acquisition of significant amounts of right-of-way; or (B) Substantially changes the layout or function of connecting roadways or of the project roadway.
(1) The commissioner determines that the public interest would be served if a public hearing was held; or
(2) The commissioner determines that the project: (A) Requires the acquisition of significant amounts of right-of-way; or (B) Substantially changes the layout or function of connecting roadways or of the project roadway.
(A) Requires the acquisition of significant amounts of right-of-way; or
(B) Substantially changes the layout or function of connecting roadways or of the project roadway.
(b) The department shall hold the hearings at convenient locations before plans for the project are finally adopted, and shall consider the economic and social effects of the proposed location of the proposed highway, as well as its impact on the environment, and its consistency with the goals and objectives of any urban planning as may have been adopted by the community.
Acts 1972, ch. 829, § 7; T.C.A., § 54-579; Acts 1980, ch. 516, § 1; 1985, ch. 218, § 1.
Tenn. Code Ann. § 54-12-144 — TN Code / Title 54 / Chapter 12 / Section 54-12-144
Appeal from award of damages will not prevent appropriation and condemnation of land, if petitioners give bond
Status: in_force

When an appeal is taken and prosecuted from the judgment or order of the monthly county court awarding damages, the appeal shall not prevent the work of the improvement district from proceeding, nor with the appropriation and condemnation of the lands, as provided in §§ 54-12-151 and 54-12-152 , if the district or the petitioners for the appeal, or any of them, give bond with good security, payable to the party or person awarded damages in double the amount of damages awarded and costs as may be awarded on appeal. Acts 1919, ch. 193, § 34; Shan. Supp., § 1682a45; Code 1932, § 2859; modified; T.C.A. (orig. ed.), § 54-1344.
When an appeal is taken and prosecuted from the judgment or order of the monthly county court awarding damages, the appeal shall not prevent the work of the improvement district from proceeding, nor with the appropriation and condemnation of the lands, as provided in §§ 54-12-151 and 54-12-152 , if the district or the petitioners for the appeal, or any of them, give bond with good security, payable to the party or person awarded damages in double the amount of damages awarded and costs as may be awarded on appeal.
Acts 1919, ch. 193, § 34; Shan. Supp., § 1682a45; Code 1932, § 2859; modified; T.C.A. (orig. ed.), § 54-1344.
Tenn. Code Ann. § 54-12-223 — TN Code / Title 54 / Chapter 12 / Section 54-12-223
Indemnity bond - Execution
Status: in_force

The bond, if given by the district, may be executed before and accepted by the county clerk at any time after appeal is perfected by the landowner, tenant, or encumbrancer, and a certified copy of the bond shall be sent to the circuit court. Acts 1919, ch. 193, § 63; Shan. Supp., § 1682a77; Code 1932, § 2891; modified; T.C.A. (orig. ed.), § 54-1423; impl. am. Acts 1978, ch. 934, §§ 22, 36.
The bond, if given by the district, may be executed before and accepted by the county clerk at any time after appeal is perfected by the landowner, tenant, or encumbrancer, and a certified copy of the bond shall be sent to the circuit court.
Acts 1919, ch. 193, § 63; Shan. Supp., § 1682a77; Code 1932, § 2891; modified; T.C.A. (orig. ed.), § 54-1423; impl. am. Acts 1978, ch. 934, §§ 22, 36.
Tenn. Code Ann. § 54-20-121 — TN Code / Title 54 / Chapter 20 / Section 54-20-121
Unlawful locations of vehicle junkyards - Local regulation
Status: in_force

(a) It is unlawful for any junkyard located within one thousand feet (1,000') of the nearest edge of the right-of-way of any interstate or primary highway to operate without a junkyard control permit, which permits are authorized to be issued by the commissioner. (b) Permits shall be valid for the fiscal year for which issued and shall be subject to renewal from year to year. (c) Each application for an original or renewal permit shall be accompanied by a fee of fifty dollars ($50.00), which is not subject to either proration or refund. (d) All fees shall be deposited to the highway fund for the administration of this section. Acts 1974, ch. 720, § 3; 1979, ch. 94, § 1; T.C.A., § 54-2313; Acts 1981, ch. 432, § 9; T.C.A., § 54-20-113 .
(a) It is unlawful for any junkyard located within one thousand feet (1,000') of the nearest edge of the right-of-way of any interstate or primary highway to operate without a junkyard control permit, which permits are authorized to be issued by the commissioner.
(b) Permits shall be valid for the fiscal year for which issued and shall be subject to renewal from year to year.
(c) Each application for an original or renewal permit shall be accompanied by a fee of fifty dollars ($50.00), which is not subject to either proration or refund.
(d) All fees shall be deposited to the highway fund for the administration of this section.
Acts 1974, ch. 720, § 3; 1979, ch. 94, § 1; T.C.A., § 54-2313; Acts 1981, ch. 432, § 9; T.C.A., § 54-20-113 .
Tenn. Code Ann. § 54-3-115 — TN Code / Title 54 / Chapter 3 / Section 54-3-115
Proprietary records
Status: in_force

(a) Personal information or highly restricted personal information obtained in connection with a motor vehicle record, and thereafter obtained by the department or the department's contractor in connection with the collection of and enforcement of user fees on a user fee facility, is subject to disclosure limitations established in the federal Driver's Privacy Protection Act ( 18 U.S.C. § 2721 ) and the Uniform Motor Vehicle Records Disclosure Act, compiled in title 55, chapter 25, and must remain confidential as required by such federal and state laws and not be open for public inspection under title 10, chapter 7, nor discoverable in legal proceedings. (b) Financial information, transaction history, and information generated by an open road user fee system on a user fee facility related to the collection of a user fee from a person, and which has been obtained by the department or the department's contractor for the purposes of collecting and enforcing user fees on a user fee facility must remain confidential and not be open for public inspection under § 10-7-503 or another law. The department or the department's contractor may use the account information only for purposes of collecting and enforcing user fees. Notwithstanding another law to the contrary, this information is not open to public inspection under § 10-7-503 or another law; provided, however, that the user fee facility account holder may examine the account holder's own account information, and a third party by authority of a proper court order may inspect and examine confidential account information. (c) Proposals received by the department for franchise agreements, concession agreements, or some combination of those agreements, related to the design, construction, financing, operation, or maintenance of user fee facilities, and documents used by the department to evaluate and accept or reject such proposals, must remain confidential, not be subject to disclosure to another proposer, and not be open for public inspection pursuant to § 10-7-503 or another law until after the department has selected a proposal and awarded a contract. Proprietary information contained in a proposal for such an agreement, whether a solicited or unsolicited proposal, must remain confidential, not be subject to disclosure to another proposer, and not be open for public inspection pursuant to § 10-7-503 or another law, as provided in § 54-6-107 . For purposes of this subsection (c), "proprietary" has the same meaning as defined in § 54-6-102 . Added by 2023 Tenn. Acts, ch. 159, s 30, eff. 4/17/2023.
(a) Personal information or highly restricted personal information obtained in connection with a motor vehicle record, and thereafter obtained by the department or the department's contractor in connection with the collection of and enforcement of user fees on a user fee facility, is subject to disclosure limitations established in the federal Driver's Privacy Protection Act ( 18 U.S.C. § 2721 ) and the Uniform Motor Vehicle Records Disclosure Act, compiled in title 55, chapter 25, and must remain confidential as required by such federal and state laws and not be open for public inspection under title 10, chapter 7, nor discoverable in legal proceedings.
(b) Financial information, transaction history, and information generated by an open road user fee system on a user fee facility related to the collection of a user fee from a person, and which has been obtained by the department or the department's contractor for the purposes of collecting and enforcing user fees on a user fee facility must remain confidential and not be open for public inspection under § 10-7-503 or another law. The department or the department's contractor may use the account information only for purposes of collecting and enforcing user fees. Notwithstanding another law to the contrary, this information is not open to public inspection under § 10-7-503 or another law; provided, however, that the user fee facility account holder may examine the account holder's own account information, and a third party by authority of a proper court order may inspect and examine confidential account information.
(c) Proposals received by the department for franchise agreements, concession agreements, or some combination of those agreements, related to the design, construction, financing, operation, or maintenance of user fee facilities, and documents used by the department to evaluate and accept or reject such proposals, must remain confidential, not be subject to disclosure to another proposer, and not be open for public inspection pursuant to § 10-7-503 or another law until after the department has selected a proposal and awarded a contract. Proprietary information contained in a proposal for such an agreement, whether a solicited or unsolicited proposal, must remain confidential, not be subject to disclosure to another proposer, and not be open for public inspection pursuant to § 10-7-503 or another law, as provided in § 54-6-107 . For purposes of this subsection (c), "proprietary" has the same meaning as defined in § 54-6-102 .
Added by 2023 Tenn. Acts, ch. 159, s 30, eff. 4/17/2023.
Tenn. Code Ann. § 54-5-124 — TN Code / Title 54 / Chapter 5 / Section 54-5-124
Civil actions against contractors by claimants
Status: in_force

(a) All civil actions against contractors brought by any claimant shall make the commissioner a defendant to the action by issuance of process from the county where the civil action was filed to the county of the defendant, and they shall be brought in the county where the main office of the department is situated or in any county in which any part of the work was prosecuted. In the event that the department is not holding sums due a contractor described in § 54-5-123(a) or upon payment of the amount specified in subsection (b), upon request by the commissioner, the commissioner shall be dismissed as a party. (b) When a civil action has been properly brought, in the event the department is holding any amount due a contractor described in § 54-5-123(a) , the amount or the amount of the claim, whichever is less, shall be paid into court. Acts 1929, ch. 80, § 1; mod. Code 1932, § 3222; impl. am. Acts 1959, ch. 9, § 3; impl am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-524; Acts 1984, ch. 807, § 3; 2004, ch. 605, §§ 4, 5.
(a) All civil actions against contractors brought by any claimant shall make the commissioner a defendant to the action by issuance of process from the county where the civil action was filed to the county of the defendant, and they shall be brought in the county where the main office of the department is situated or in any county in which any part of the work was prosecuted. In the event that the department is not holding sums due a contractor described in § 54-5-123(a) or upon payment of the amount specified in subsection (b), upon request by the commissioner, the commissioner shall be dismissed as a party.
(b) When a civil action has been properly brought, in the event the department is holding any amount due a contractor described in § 54-5-123(a) , the amount or the amount of the claim, whichever is less, shall be paid into court.
Acts 1929, ch. 80, § 1; mod. Code 1932, § 3222; impl. am. Acts 1959, ch. 9, § 3; impl am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-524; Acts 1984, ch. 807, § 3; 2004, ch. 605, §§ 4, 5.
Tenn. Code Ann. § 54-17-110 — TN Code / Title 54 / Chapter 17 / Section 54-17-110
Removal or abatement of advertising structures and junkyards
Status: in_force

(a) Any advertising structure or junkyard that is constructed or erected in violation of this part constitutes a public nuisance subject to abatement as provided by law. (b) If the advertising structure or junkyard is declared a nuisance, it shall immediately be removed or abated and for that purpose the district attorney general or the district attorney general's duly appointed representative or any authorized representative of the state may enter onto private property without incurring any liability. (c) The power of eminent domain may be utilized to remove existing advertising structures or junkyards from within one thousand feet (1,000') of either side of designated Tennessee scenic highways. (d) Should the state fail to enforce this section, any citizen or group of citizens may institute legal proceedings in a court of competent jurisdiction to require the state to enforce this section. Acts 1971, ch. 431, § 10; 1976, ch. 819, § 8; modified; T.C.A., § 54-2510.
(a) Any advertising structure or junkyard that is constructed or erected in violation of this part constitutes a public nuisance subject to abatement as provided by law.
(b) If the advertising structure or junkyard is declared a nuisance, it shall immediately be removed or abated and for that purpose the district attorney general or the district attorney general's duly appointed representative or any authorized representative of the state may enter onto private property without incurring any liability.
(c) The power of eminent domain may be utilized to remove existing advertising structures or junkyards from within one thousand feet (1,000') of either side of designated Tennessee scenic highways.
(d) Should the state fail to enforce this section, any citizen or group of citizens may institute legal proceedings in a court of competent jurisdiction to require the state to enforce this section.
Acts 1971, ch. 431, § 10; 1976, ch. 819, § 8; modified; T.C.A., § 54-2510.
Tenn. Code Ann. § 54-12-216 — TN Code / Title 54 / Chapter 12 / Section 54-12-216
Special assessment, collection - Delinquencies - Compensation of trustee
Status: in_force

(a) The assessment shall be made and collected in the same manner, and the delinquencies, if any, shall be collected and enforced in the same manner as provided in §§ 54-12-412 - 54-12-421, and by law. (b) The compensation of a trustee for collecting and paying over the assessment shall be the same as is provided by § 54-12-111 ; provided, that, for this special assessment, the monthly county court may fix the dates within which the assessment shall be collected, the court fixing the dates within dates the court deems reasonable for the collection of the assessments. (c) The assessments made for this purpose shall be a lien upon the respective tracts of land in the district upon which the assessment is made, but shall be inferior to the lien of any assessment that shall hereafter be made for the purpose of creating a fund for the payment of bonds and the interest on the bonds, as provided in this chapter, and by law. Acts 1919, ch. 193, § 56; Shan. Supp., § 1682a70; Code 1932, § 2884; modified; T.C.A. (orig. ed.), § 54-1416.
(a) The assessment shall be made and collected in the same manner, and the delinquencies, if any, shall be collected and enforced in the same manner as provided in §§ 54-12-412 - 54-12-421, and by law.
(b) The compensation of a trustee for collecting and paying over the assessment shall be the same as is provided by § 54-12-111 ; provided, that, for this special assessment, the monthly county court may fix the dates within which the assessment shall be collected, the court fixing the dates within dates the court deems reasonable for the collection of the assessments.
(c) The assessments made for this purpose shall be a lien upon the respective tracts of land in the district upon which the assessment is made, but shall be inferior to the lien of any assessment that shall hereafter be made for the purpose of creating a fund for the payment of bonds and the interest on the bonds, as provided in this chapter, and by law.
Acts 1919, ch. 193, § 56; Shan. Supp., § 1682a70; Code 1932, § 2884; modified; T.C.A. (orig. ed.), § 54-1416.
Tenn. Code Ann. § 54-10-205 — TN Code / Title 54 / Chapter 10 / Section 54-10-205
Damages - Payment
Status: in_force

The jury of view has the power of condemnation and to assess damages, which shall be paid out of the general funds raised for county purposes, upon the order of the commissioner on the county mayor, who shall issue a warrant if the county mayor approves the order. Acts 1891, ch. 1, § 14; Shan., § 1624; Code 1932, § 2734; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 54-909; Acts 2003, ch. 90, § 2.
The jury of view has the power of condemnation and to assess damages, which shall be paid out of the general funds raised for county purposes, upon the order of the commissioner on the county mayor, who shall issue a warrant if the county mayor approves the order.
Acts 1891, ch. 1, § 14; Shan., § 1624; Code 1932, § 2734; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 54-909; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 54-11-226 — TN Code / Title 54 / Chapter 11 / Section 54-11-226
Report of commissioners as to repairs
Status: in_force

It is the duty of the commissioners under § 54-11-225 to report to the first session of the county legislative body after the completion of any work that they may have had under contract, which report shall set forth the kind of repairs that have been made, by whom made, and for what amount. Acts 1859-1860, ch. 90, § 2; Shan., § 1739; Code 1932, § 3065; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A. (orig. ed.), § 54-1132.
It is the duty of the commissioners under § 54-11-225 to report to the first session of the county legislative body after the completion of any work that they may have had under contract, which report shall set forth the kind of repairs that have been made, by whom made, and for what amount.
Acts 1859-1860, ch. 90, § 2; Shan., § 1739; Code 1932, § 3065; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A. (orig. ed.), § 54-1132.
Tenn. Code Ann. § 54-1-133 — TN Code / Title 54 / Chapter 1 / Section 54-1-133
Funding for signing and marking memorial highways and bridges
Status: in_force

(a) The department, subject to appropriation by the general assembly, shall fund from resources in the highway fund the cost of signage and marking of an interstate, United States highway, or state highway designated as a memorial highway or memorial bridge for any of the following individuals killed in the line of duty: (1) A member of the military, including the reserves and national guard; or (2) Any state or local public safety official, including, but not limited to, members of the highway patrol, county law enforcement officials, local police officers, firefighters, whether paid or volunteer, and emergency medical personnel. (b) The department of transportation, subject to appropriation by the general assembly, shall fund from resources in the highway fund the cost of signage and markers installed on a conventional state highway under the DUI memorial signing program pursuant to § 54-5-1003 . Amended by 2016 Tenn. Acts, ch. 1039,s 3, eff. 7/1/2016. Amended by 2013 Tenn. Acts, ch. 308,s 1, eff. 7/1/2013. Acts 2002, ch. 790, § 5.
(a) The department, subject to appropriation by the general assembly, shall fund from resources in the highway fund the cost of signage and marking of an interstate, United States highway, or state highway designated as a memorial highway or memorial bridge for any of the following individuals killed in the line of duty: (1) A member of the military, including the reserves and national guard; or (2) Any state or local public safety official, including, but not limited to, members of the highway patrol, county law enforcement officials, local police officers, firefighters, whether paid or volunteer, and emergency medical personnel.
(1) A member of the military, including the reserves and national guard; or
(2) Any state or local public safety official, including, but not limited to, members of the highway patrol, county law enforcement officials, local police officers, firefighters, whether paid or volunteer, and emergency medical personnel.
(b) The department of transportation, subject to appropriation by the general assembly, shall fund from resources in the highway fund the cost of signage and markers installed on a conventional state highway under the DUI memorial signing program pursuant to § 54-5-1003 .
Amended by 2016 Tenn. Acts, ch. 1039,s 3, eff. 7/1/2016.
Amended by 2013 Tenn. Acts, ch. 308,s 1, eff. 7/1/2013.
Acts 2002, ch. 790, § 5.
Tenn. Code Ann. § 54-5-205 — TN Code / Title 54 / Chapter 5 / Section 54-5-205
Streets for highways designated by department
Status: in_force

The department shall have sole jurisdiction over the selection of the streets through which traffic shall be routed. Acts 1929, ch. 42, § 5; Code 1932, § 3246; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-535; Acts 1981, ch. 264, § 12.
The department shall have sole jurisdiction over the selection of the streets through which traffic shall be routed.
Acts 1929, ch. 42, § 5; Code 1932, § 3246; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-535; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-1-402 — TN Code / Title 54 / Chapter 1 / Section 54-1-402
Citizen reporting of littering
Status: in_force

The litter prevention and control program may include as one (1) of its components a process by which citizens can report directly to the department of transportation instances of persons littering from motor vehicles onto the state's roads and highways, whether the offenders are intentionally littering or are accidentally dropping objects or debris from an uncovered or improperly secured load. The process may provide the capability for citizens to report litterers online by means of the completion of a standard form, the form to be accessed via the internet from the program's website. The department may also make provisions for citizens to report litterers via e-mail and a toll-free telephone line. Amended by 2013 Tenn. Acts, ch. 308, s 5, eff. 7/1/2013. Acts 2005, ch. 128, § 2.
The litter prevention and control program may include as one (1) of its components a process by which citizens can report directly to the department of transportation instances of persons littering from motor vehicles onto the state's roads and highways, whether the offenders are intentionally littering or are accidentally dropping objects or debris from an uncovered or improperly secured load. The process may provide the capability for citizens to report litterers online by means of the completion of a standard form, the form to be accessed via the internet from the program's website. The department may also make provisions for citizens to report litterers via e-mail and a toll-free telephone line.
Amended by 2013 Tenn. Acts, ch. 308, s 5, eff. 7/1/2013.
Acts 2005, ch. 128, § 2.
Tenn. Code Ann. § 54-20-106 — TN Code / Title 54 / Chapter 20 / Section 54-20-106
Rulemaking power of commissioner
Status: in_force

The commissioner is given the authority to promulgate and enforce rules and regulations required to carry out this part and 23 U.S.C. § 136 , and to define those types of materials suitable for screening. Acts 1967, ch. 304, § 6; 1971, ch. 369, § 2; T.C.A., § 54-2306; Acts 1981, ch. 432, § 4; 1988, ch. 513, § 1.
The commissioner is given the authority to promulgate and enforce rules and regulations required to carry out this part and 23 U.S.C. § 136 , and to define those types of materials suitable for screening.
Acts 1967, ch. 304, § 6; 1971, ch. 369, § 2; T.C.A., § 54-2306; Acts 1981, ch. 432, § 4; 1988, ch. 513, § 1.
Tenn. Code Ann. § 54-6-112 — TN Code / Title 54 / Chapter 6 / Section 54-6-112
Dedication of property
Status: in_force

Any public entity may dedicate any property in which it has an interest for public use as a qualified transportation facility if it finds that the dedication would serve the public purpose of this chapter. In connection with the dedication, the public entity may convey any interest that it has in the property, subject to the conditions imposed by general law, to the private entity, subject to this chapter, for such consideration as such public entity may determine. Such consideration may include the agreement of the private entity to develop, redevelop, or operate the qualifying transportation facility. Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Any public entity may dedicate any property in which it has an interest for public use as a qualified transportation facility if it finds that the dedication would serve the public purpose of this chapter. In connection with the dedication, the public entity may convey any interest that it has in the property, subject to the conditions imposed by general law, to the private entity, subject to this chapter, for such consideration as such public entity may determine. Such consideration may include the agreement of the private entity to develop, redevelop, or operate the qualifying transportation facility.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-6-104 — TN Code / Title 54 / Chapter 6 / Section 54-6-104
Selection of private entity
Status: in_force

The requirements for purchasing of, and contracting for, goods and services by a public entity as provided in title 6 and title 12, chapter 3 shall not apply to this chapter; provided, that the responsible public entity shall objectively and competitively select a private entity with which to enter into a public-private initiative in accordance with the guidelines adopted by the responsible public entity and as provided in § 54-6-106 for solicited and unsolicited proposals. Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
The requirements for purchasing of, and contracting for, goods and services by a public entity as provided in title 6 and title 12, chapter 3 shall not apply to this chapter; provided, that the responsible public entity shall objectively and competitively select a private entity with which to enter into a public-private initiative in accordance with the guidelines adopted by the responsible public entity and as provided in § 54-6-106 for solicited and unsolicited proposals.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-5-135 — TN Code / Title 54 / Chapter 5 / Section 54-5-135
"Buy America" Act
Status: in_force

(a) No agency or entity of state, county, or municipal government in the state shall purchase any materials used for highway or roadway construction, resurfacing, or maintenance from any foreign government, or any company wholly owned and controlled by a foreign government, regardless of the location of the company, or from any agency of the foreign government or company. (b) As used in this section, "materials" includes, but is not limited to, asphalt cement, asphalt emulsion, rock, aggregate, liquid and solid additives, sealers and oils. (c) This section shall not apply: (1) If the materials are not produced by American companies in sufficient and reasonably available quantities, and are of satisfactory quality; or (2) If the American materials increase the overall project cost for which these materials are purchased by five percent (5%) more than the overall project cost using materials produced by a foreign government owned company. Acts 1983, ch. 213, § 2.
(a) No agency or entity of state, county, or municipal government in the state shall purchase any materials used for highway or roadway construction, resurfacing, or maintenance from any foreign government, or any company wholly owned and controlled by a foreign government, regardless of the location of the company, or from any agency of the foreign government or company.
(b) As used in this section, "materials" includes, but is not limited to, asphalt cement, asphalt emulsion, rock, aggregate, liquid and solid additives, sealers and oils.
(c) This section shall not apply: (1) If the materials are not produced by American companies in sufficient and reasonably available quantities, and are of satisfactory quality; or (2) If the American materials increase the overall project cost for which these materials are purchased by five percent (5%) more than the overall project cost using materials produced by a foreign government owned company.
(1) If the materials are not produced by American companies in sufficient and reasonably available quantities, and are of satisfactory quality; or
(2) If the American materials increase the overall project cost for which these materials are purchased by five percent (5%) more than the overall project cost using materials produced by a foreign government owned company.
Acts 1983, ch. 213, § 2.
Tenn. Code Ann. § 54-13-102 — TN Code / Title 54 / Chapter 13 / Section 54-13-102
Navigable stream - Obstructions prohibited
Status: in_force

No county legislative body shall permit a bridge, milldam, fish trap, or other improvement to be so constructed as to interrupt or in any way injure or impair the navigation of the streams that are naturally navigable, or that have been declared to be so by law. Code 1858, § 1259 (deriv. Acts 1835-1836, ch. 29, § 4); Shan., § 1723; Code 1932, § 3049; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1703.
No county legislative body shall permit a bridge, milldam, fish trap, or other improvement to be so constructed as to interrupt or in any way injure or impair the navigation of the streams that are naturally navigable, or that have been declared to be so by law.
Code 1858, § 1259 (deriv. Acts 1835-1836, ch. 29, § 4); Shan., § 1723; Code 1932, § 3049; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1703.
Tenn. Code Ann. § 54-5-401 — TN Code / Title 54 / Chapter 5 / Section 54-5-401
Short title
Status: in_force

This part shall be known and may be cited as the "State Industrial Access Act." Amended by 2014 Tenn. Acts, ch. 546,s 1, eff. 3/17/2014. Acts 1959, ch. 264, § 1; T.C.A., § 54-546.
This part shall be known and may be cited as the "State Industrial Access Act."
Amended by 2014 Tenn. Acts, ch. 546,s 1, eff. 3/17/2014.
Acts 1959, ch. 264, § 1; T.C.A., § 54-546.
Tenn. Code Ann. § 54-1-503 — TN Code / Title 54 / Chapter 1 / Section 54-1-503
Selection of projects by department
Status: in_force

(a) Prior to executing a contract under this part, the commissioner shall send written notice to the chair of the transportation and safety committee of the senate and the chair of the transportation committee of the house of representatives. (b) If a proposed CM/GC or PDB contract has a total estimated contract amount in excess of one hundred million dollars ($100,000,000), the department shall specifically identify the project as a CM/GC or PDB project in the transportation improvement program submitted annually to the general assembly in support of the commissioner's annual funding recommendations. Amended by 2023 Tenn. Acts, ch. 159, s 7, eff. 4/17/2023. Acts 2013, ch. 366, § 1; 2019, ch. 106, § 2.
(a) Prior to executing a contract under this part, the commissioner shall send written notice to the chair of the transportation and safety committee of the senate and the chair of the transportation committee of the house of representatives.
(b) If a proposed CM/GC or PDB contract has a total estimated contract amount in excess of one hundred million dollars ($100,000,000), the department shall specifically identify the project as a CM/GC or PDB project in the transportation improvement program submitted annually to the general assembly in support of the commissioner's annual funding recommendations.
Amended by 2023 Tenn. Acts, ch. 159, s 7, eff. 4/17/2023.
Acts 2013, ch. 366, § 1; 2019, ch. 106, § 2.
Tenn. Code Ann. § 54-1-201 — TN Code / Title 54 / Chapter 1 / Section 54-1-201
Contracts in which officers of department of transportation or relatives interested prohibited and void
Status: in_force

No contract shall be let to or made with any person in which any officer of the department of transportation is interested, directly or indirectly, or with whom any officer of the department is knowingly related, either by blood or marriage within the fourth degree, computing by the civil law. Nor shall any stockholder or other person in any way interested in any firm or corporation be related within the fourth degree to any member of the department. Neither shall any engineer in the employ of the department have any interest in any contract or be knowingly related within the fourth degree to any person interested in the contract. Any contract where the interest or relationship exists shall be void. Acts 1917, ch. 74, § 7; Shan., § 1720a29b33 (p. 6551); Shan. Supp., § 1720a7b64; Code 1932, § 3224; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-117; Acts 1981, ch. 264, § 12.
No contract shall be let to or made with any person in which any officer of the department of transportation is interested, directly or indirectly, or with whom any officer of the department is knowingly related, either by blood or marriage within the fourth degree, computing by the civil law. Nor shall any stockholder or other person in any way interested in any firm or corporation be related within the fourth degree to any member of the department. Neither shall any engineer in the employ of the department have any interest in any contract or be knowingly related within the fourth degree to any person interested in the contract. Any contract where the interest or relationship exists shall be void.
Acts 1917, ch. 74, § 7; Shan., § 1720a29b33 (p. 6551); Shan. Supp., § 1720a7b64; Code 1932, § 3224; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-117; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-20-103 — TN Code / Title 54 / Chapter 20 / Section 54-20-103
Part definitions
Status: in_force

As used in this part: (1) "Automobile graveyard" means any establishment or place of business that is maintained, used or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. Ten (10) or more of those vehicles constitute an automobile graveyard; (2) "Commissioner" means the commissioner of transportation; (3) "Department" means the department of transportation; (4) "Interstate system" means that portion of the national system of interstate and defense highways located within this state, as officially designated, or as may hereafter be so designated, by the department of transportation and approved by the United States secretary of transportation, pursuant to title 23 of the United States Code; (5) "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled or wrecked automobiles, or parts of junked, dismantled or wrecked automobiles, iron, steel, and other old or scrap ferrous or nonferrous material; (6) (A) "Junkyard" means an establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. "Junkyard" includes scrap metal processors, used auto parts yards, yards providing temporary storage of automobile bodies or parts awaiting disposal as a normal part of the business operation, when the business will continually have like materials located on the premises, garbage dumps and sanitary landfills; (B) "Junkyard" does not include a recycling center; (7) "Main traveled way" means the traveled way of a highway on which through traffic is carried. In case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main traveled way. "Main traveled way" does not include such facilities as frontage roads, turning roadways, or parking areas; (8) "Primary system" means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the Tennessee department of transportation, and approved by the United States secretary of transportation, pursuant to title 23 of the United States Code; and (9) "Recycling center" means an establishment, place of business, facility or building that is maintained, operated, or used for the storing, keeping, buying or selling of newspaper or used food or beverage containers for the purpose of converting those items into a usable product. Impl. am. Acts 1959, ch. 9, § 3; Acts 1967, ch. 304, § 3; impl. am. Acts 1972, ch. 829, § 7; Acts 1974, ch. 720, § 1; T.C.A., § 54-2303; Acts 1981, ch. 264, § 12; 1981, ch. 432, § 1.
As used in this part:
(1) "Automobile graveyard" means any establishment or place of business that is maintained, used or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. Ten (10) or more of those vehicles constitute an automobile graveyard;
(2) "Commissioner" means the commissioner of transportation;
(3) "Department" means the department of transportation;
(4) "Interstate system" means that portion of the national system of interstate and defense highways located within this state, as officially designated, or as may hereafter be so designated, by the department of transportation and approved by the United States secretary of transportation, pursuant to title 23 of the United States Code;
(5) "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled or wrecked automobiles, or parts of junked, dismantled or wrecked automobiles, iron, steel, and other old or scrap ferrous or nonferrous material;
(6) (A) "Junkyard" means an establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. "Junkyard" includes scrap metal processors, used auto parts yards, yards providing temporary storage of automobile bodies or parts awaiting disposal as a normal part of the business operation, when the business will continually have like materials located on the premises, garbage dumps and sanitary landfills; (B) "Junkyard" does not include a recycling center;
(A) "Junkyard" means an establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. "Junkyard" includes scrap metal processors, used auto parts yards, yards providing temporary storage of automobile bodies or parts awaiting disposal as a normal part of the business operation, when the business will continually have like materials located on the premises, garbage dumps and sanitary landfills;
(B) "Junkyard" does not include a recycling center;
(7) "Main traveled way" means the traveled way of a highway on which through traffic is carried. In case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main traveled way. "Main traveled way" does not include such facilities as frontage roads, turning roadways, or parking areas;
(8) "Primary system" means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the Tennessee department of transportation, and approved by the United States secretary of transportation, pursuant to title 23 of the United States Code; and
(9) "Recycling center" means an establishment, place of business, facility or building that is maintained, operated, or used for the storing, keeping, buying or selling of newspaper or used food or beverage containers for the purpose of converting those items into a usable product.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1967, ch. 304, § 3; impl. am. Acts 1972, ch. 829, § 7; Acts 1974, ch. 720, § 1; T.C.A., § 54-2303; Acts 1981, ch. 264, § 12; 1981, ch. 432, § 1.
Tenn. Code Ann. § 54-20-101 — TN Code / Title 54 / Chapter 20 / Section 54-20-101
Short title
Status: in_force

This part shall be known and may be cited as the "Junkyard Control Act of 1967." Acts 1967, ch. 304, § 1; T.C.A., § 54-2301.
This part shall be known and may be cited as the "Junkyard Control Act of 1967."
Acts 1967, ch. 304, § 1; T.C.A., § 54-2301.
Tenn. Code Ann. § 54-12-122 — TN Code / Title 54 / Chapter 12 / Section 54-12-122
Engineer to survey and locate roads and improvements
Status: in_force

The engineer shall proceed to examine the land described in the petition and any other lands that may be benefited by the improvement or necessary in carrying out the improvement and survey and locate the road or improvements, as may be practicable to carry out the purposes of the petition and that will be of public benefit and utility or conducive to the public welfare. Acts 1919, ch. 193, § 11; Shan. Supp., § 1682a22; Code 1932, § 2836; T.C.A. (orig. ed.), § 54-1322.
The engineer shall proceed to examine the land described in the petition and any other lands that may be benefited by the improvement or necessary in carrying out the improvement and survey and locate the road or improvements, as may be practicable to carry out the purposes of the petition and that will be of public benefit and utility or conducive to the public welfare.
Acts 1919, ch. 193, § 11; Shan. Supp., § 1682a22; Code 1932, § 2836; T.C.A. (orig. ed.), § 54-1322.
Tenn. Code Ann. § 54-5-202 — TN Code / Title 54 / Chapter 5 / Section 54-5-202
Width and character of highways in municipalities
Status: in_force

The streets constructed, reconstructed, improved and maintained by the state shall be of a width and type that the department deems proper, but the width so constructed, reconstructed, improved and maintained shall not be less than eighteen feet (18'); and, in the case of resurfacing and maintenance, from curb to curb where curbs exist, or the full width of the roadway where no curbs exist. Acts 1929, ch. 42, § 2; Code 1932, § 3243; Acts 1947, ch. 123, § 2; C. Supp. 1950, § 3243; impl. am. Acts 1959, ch. 9, § 3; T.C.A. (orig. ed.), § 54-532; Acts 1981, ch. 264, § 12.
The streets constructed, reconstructed, improved and maintained by the state shall be of a width and type that the department deems proper, but the width so constructed, reconstructed, improved and maintained shall not be less than eighteen feet (18'); and, in the case of resurfacing and maintenance, from curb to curb where curbs exist, or the full width of the roadway where no curbs exist.
Acts 1929, ch. 42, § 2; Code 1932, § 3243; Acts 1947, ch. 123, § 2; C. Supp. 1950, § 3243; impl. am. Acts 1959, ch. 9, § 3; T.C.A. (orig. ed.), § 54-532; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-5-103 — TN Code / Title 54 / Chapter 5 / Section 54-5-103
Chapter definitions
Status: in_force

As used in this chapter and chapters 1 and 2 of this title, unless the context otherwise requires: (1) "Commissioner" means the commissioner of transportation; (2) "Department" means the department of transportation; and (3) "Road" or "highway" is construed to include all bridges upon or that form a part of the highway to be constructed, reconstructed or maintained under this chapter and chapters 1 and 2 of this title. Acts 1919, ch. 149, § 13; Shan. Supp., § 1720a7b13; Code 1932, § 3182; T.C.A. (orig. ed.), § 54-503.
As used in this chapter and chapters 1 and 2 of this title, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of transportation;
(2) "Department" means the department of transportation; and
(3) "Road" or "highway" is construed to include all bridges upon or that form a part of the highway to be constructed, reconstructed or maintained under this chapter and chapters 1 and 2 of this title.
Acts 1919, ch. 149, § 13; Shan. Supp., § 1720a7b13; Code 1932, § 3182; T.C.A. (orig. ed.), § 54-503.
Tenn. Code Ann. § 54-20-204 — TN Code / Title 54 / Chapter 20 / Section 54-20-204
Responsibility for removal of automobile graveyard
Status: in_force

If any automobile graveyard is located within the limitations fixed in § 54-20-202 to any state highway, the automobile graveyard is not operated as a business by anyone, is not used for any purpose whatsoever, and no one claims ownership of the automobile graveyard, then the owner or owners of the land on which the automobile graveyard is located shall be responsible for the removal of the automobile graveyard. Acts 1965, ch. 352, § 4; T.C.A., §§ 54-577, 54-5-904.
If any automobile graveyard is located within the limitations fixed in § 54-20-202 to any state highway, the automobile graveyard is not operated as a business by anyone, is not used for any purpose whatsoever, and no one claims ownership of the automobile graveyard, then the owner or owners of the land on which the automobile graveyard is located shall be responsible for the removal of the automobile graveyard.
Acts 1965, ch. 352, § 4; T.C.A., §§ 54-577, 54-5-904.
Tenn. Code Ann. § 54-16-109 — TN Code / Title 54 / Chapter 16 / Section 54-16-109
Commercial enterprises and services on controlled-access facility prohibited - Exception - Establishment on private property abutting local service roads
Status: in_force

(a) No commercial enterprise or activity for serving motor vehicle users, other than emergency services for disabled vehicles, shall be authorized or conducted by the commissioner of transportation, any other official or agency of the state, or any political subdivision of the state on property designated as, or acquired for, or in connection with, a controlled-access facility. (b) The highway authorities of the state, counties, cities and towns as authorized in § 54-16-107 may construct local service roads adjacent to a controlled-access facility in a manner that facilitates the establishment and operation of competitive commercial enterprises for serving motor vehicle users on private property abutting the service roads. Acts 1957, ch. 247, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2009; Acts 1981, ch. 264, § 12.
(a) No commercial enterprise or activity for serving motor vehicle users, other than emergency services for disabled vehicles, shall be authorized or conducted by the commissioner of transportation, any other official or agency of the state, or any political subdivision of the state on property designated as, or acquired for, or in connection with, a controlled-access facility.
(b) The highway authorities of the state, counties, cities and towns as authorized in § 54-16-107 may construct local service roads adjacent to a controlled-access facility in a manner that facilitates the establishment and operation of competitive commercial enterprises for serving motor vehicle users on private property abutting the service roads.
Acts 1957, ch. 247, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2009; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-5-115 — TN Code / Title 54 / Chapter 5 / Section 54-5-115
Bonds to accompany bids
Status: in_force

The bids must be accompanied by proper bonds or guaranty that proper bond will be executed. Acts 1917, ch. 74, § 6; Shan., § 1720a29b25 (p. 6550); Shan. Supp., § 1720a7b56; Code 1932, § 3214; T.C.A. (orig. ed.), § 54-515.
The bids must be accompanied by proper bonds or guaranty that proper bond will be executed.
Acts 1917, ch. 74, § 6; Shan., § 1720a29b25 (p. 6550); Shan. Supp., § 1720a7b56; Code 1932, § 3214; T.C.A. (orig. ed.), § 54-515.
Tenn. Code Ann. § 54-21-115 — TN Code / Title 54 / Chapter 21 / Section 54-21-115
Outdoor advertising on certain interstate highways prohibited - Penalty - Exceptions
Status: in_force

No outdoor advertising device shall be erected or continued in use for the purpose of having its message read from the main traveled ways of Interstate 26 from State Route 1 in Sullivan County to State Route 67 in Washington County (formerly Interstate 181), except those portions within the boundaries of an incorporated municipality on March 3, 1994, Interstate 440 in Davidson County, Interstate 640 in Knox County, or the section of State Route 840 in Williamson County from State Route 246 to one (1) mile from the intersection with State Route 100. Failure to comply with this section renders the outdoor advertising device a nuisance, subject to immediate disposal, removal, or destruction and subject to the civil penalty and remedies provided in § 54-21-105 . Valid permits for outdoor advertising devices located along Interstate 640 in Knox County issued prior to May 13, 1982, remain valid after May 13, 1982, and the holders of the permits are permitted to construct, reconstruct, maintain, or repair the outdoor advertising devices according to the original application for which a permit was issued. Valid permits for outdoor advertising devices located along Interstate 26 from State Route 1 in Sullivan County to State Route 67 in Washington County (formerly Interstate 181), issued prior to March 3, 1994, remain valid after March 3, 1994, and the holders of the permits are permitted to construct, reconstruct, maintain, or repair the outdoor advertising devices according to the original application for which a permit was issued. Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Acts 1972, ch. 655, § 15; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2615; Acts 1980, ch. 470, § 2.
No outdoor advertising device shall be erected or continued in use for the purpose of having its message read from the main traveled ways of Interstate 26 from State Route 1 in Sullivan County to State Route 67 in Washington County (formerly Interstate 181), except those portions within the boundaries of an incorporated municipality on March 3, 1994, Interstate 440 in Davidson County, Interstate 640 in Knox County, or the section of State Route 840 in Williamson County from State Route 246 to one (1) mile from the intersection with State Route 100. Failure to comply with this section renders the outdoor advertising device a nuisance, subject to immediate disposal, removal, or destruction and subject to the civil penalty and remedies provided in § 54-21-105 . Valid permits for outdoor advertising devices located along Interstate 640 in Knox County issued prior to May 13, 1982, remain valid after May 13, 1982, and the holders of the permits are permitted to construct, reconstruct, maintain, or repair the outdoor advertising devices according to the original application for which a permit was issued. Valid permits for outdoor advertising devices located along Interstate 26 from State Route 1 in Sullivan County to State Route 67 in Washington County (formerly Interstate 181), issued prior to March 3, 1994, remain valid after March 3, 1994, and the holders of the permits are permitted to construct, reconstruct, maintain, or repair the outdoor advertising devices according to the original application for which a permit was issued.
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Acts 1972, ch. 655, § 15; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2615; Acts 1980, ch. 470, § 2.
Tenn. Code Ann. § 54-4-401 — TN Code / Title 54 / Chapter 4 / Section 54-4-401
Establishment of system
Status: in_force

The commissioner is authorized to establish a state-aid highway system in cooperation with local officials. Acts 1983, ch. 320, § 2; T.C.A., § 54-6-201.
The commissioner is authorized to establish a state-aid highway system in cooperation with local officials.
Acts 1983, ch. 320, § 2; T.C.A., § 54-6-201.
Tenn. Code Ann. § 54-5-705 — TN Code / Title 54 / Chapter 5 / Section 54-5-705
Historic sites eligible
Status: in_force

Tennessee-owned historic sites not currently marked are or will become eligible for interstate directional signs only if they are located within ten (10) miles of an interstate highway and if they are open to the public on a year-round basis. Acts 1974, ch. 560, § 2; T.C.A., § 54-581.
Tennessee-owned historic sites not currently marked are or will become eligible for interstate directional signs only if they are located within ten (10) miles of an interstate highway and if they are open to the public on a year-round basis.
Acts 1974, ch. 560, § 2; T.C.A., § 54-581.
Tenn. Code Ann. § 54-12-158 — TN Code / Title 54 / Chapter 12 / Section 54-12-158
Compensation and expenses of viewers, commissioners, and of helpers
Status: in_force

(a) The viewers and commissioners provided for by this part and part 2 of this chapter shall be paid at the rate of three dollars ($3.00) per day while engaged in the work, and, in addition, all actual expenses, including board paid for, itemized accounts for the expenses being reported and sworn. (b) Other necessary help aiding the engineers, viewers, or commissioners such as chain carriers, axmen, etc., shall be paid not more than two dollars ($2.00) per day. Acts 1919, ch. 193, § 107; Shan. Supp., § 1682a121; Code 1932, § 2936; T.C.A. (orig. ed.), § 54-1358.
(a) The viewers and commissioners provided for by this part and part 2 of this chapter shall be paid at the rate of three dollars ($3.00) per day while engaged in the work, and, in addition, all actual expenses, including board paid for, itemized accounts for the expenses being reported and sworn.
(b) Other necessary help aiding the engineers, viewers, or commissioners such as chain carriers, axmen, etc., shall be paid not more than two dollars ($2.00) per day.
Acts 1919, ch. 193, § 107; Shan. Supp., § 1682a121; Code 1932, § 2936; T.C.A. (orig. ed.), § 54-1358.
Tenn. Code Ann. § 54-12-220 — TN Code / Title 54 / Chapter 12 / Section 54-12-220
Appeal from order fixing assessment of benefits within five days - Other provisions applicable
Status: in_force

An appeal may be taken within five (5) days to the circuit court of the county from the order of the monthly county court fixing the assessment of benefits upon the lands in the same manner and time as provided in §§ 54-12-141 - 54-12-149 for appeals from the assessment of damages, including the provisions as to consolidating cases, making transcript, etc., and certifying to the monthly county court the action and doings of the circuit court. Acts 1919, ch. 193, § 60; Shan. Supp., § 1682a74; Code 1932, § 2888; modified; T.C.A. (orig. ed.), § 54-1420.
An appeal may be taken within five (5) days to the circuit court of the county from the order of the monthly county court fixing the assessment of benefits upon the lands in the same manner and time as provided in §§ 54-12-141 - 54-12-149 for appeals from the assessment of damages, including the provisions as to consolidating cases, making transcript, etc., and certifying to the monthly county court the action and doings of the circuit court.
Acts 1919, ch. 193, § 60; Shan. Supp., § 1682a74; Code 1932, § 2888; modified; T.C.A. (orig. ed.), § 54-1420.
Tenn. Code Ann. § 54-5-851 — TN Code / Title 54 / Chapter 5 / Section 54-5-851
Purpose of Sections 54-5-852 - 54-5-856
Status: in_force

The general assembly declares that it is the purpose of this section and §§ 54-5-852 - 54-5-856 to regulate the removal, relocation, or adjustment of utility facilities occupying rights-of-way of highways when construction by the department makes removal, relocation, or adjustment necessary. Acts 1988, ch. 517, § 1.
The general assembly declares that it is the purpose of this section and §§ 54-5-852 - 54-5-856 to regulate the removal, relocation, or adjustment of utility facilities occupying rights-of-way of highways when construction by the department makes removal, relocation, or adjustment necessary.
Acts 1988, ch. 517, § 1.
Tenn. Code Ann. § 54-6-108 — TN Code / Title 54 / Chapter 6 / Section 54-6-108
Comprehensive agreement
Status: in_force

(a) After selecting an eligible private entity with which to enter a public-private initiative for a transportation facility pursuant to § 54-6-106 , the responsible public entity may enter into the comprehensive agreement with the eligible private entity. (b) In connection with entering into the comprehensive agreement, the responsible public entity shall establish a date for the beginning of development, redevelopment, or operation of the qualifying transportation facility. The responsible public entity may extend the date from time to time. (c) If a comprehensive agreement is entered into pursuant to this section, the private entity shall furnish reasonably adequate service and facilities to, and may charge reasonable user fees to, any persons desiring to use the transportation facilities; provided, that the user fees shall be charged uniformly for the use of the transportation facilities by persons using the facilities under like conditions and shall comply with applicable federal law. Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
(a) After selecting an eligible private entity with which to enter a public-private initiative for a transportation facility pursuant to § 54-6-106 , the responsible public entity may enter into the comprehensive agreement with the eligible private entity.
(b) In connection with entering into the comprehensive agreement, the responsible public entity shall establish a date for the beginning of development, redevelopment, or operation of the qualifying transportation facility. The responsible public entity may extend the date from time to time.
(c) If a comprehensive agreement is entered into pursuant to this section, the private entity shall furnish reasonably adequate service and facilities to, and may charge reasonable user fees to, any persons desiring to use the transportation facilities; provided, that the user fees shall be charged uniformly for the use of the transportation facilities by persons using the facilities under like conditions and shall comply with applicable federal law.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-9-126 — TN Code / Title 54 / Chapter 9 / Section 54-9-126
Contract - Contents
Status: in_force

In receiving and letting the contracts, the commissioners shall at all times include the laying of all drain tiles or pipe for the draining of the roads, after the drain tiles or pipe have been placed on the road, by the county, and further include the tamping or packing of the dirt around the pipe or drain tiles, without additional cost to the county where they are being placed under fills for drainage of the roads. Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a28; Code 1932, § 2989; T.C.A. (orig. ed.), § 54-828.
In receiving and letting the contracts, the commissioners shall at all times include the laying of all drain tiles or pipe for the draining of the roads, after the drain tiles or pipe have been placed on the road, by the county, and further include the tamping or packing of the dirt around the pipe or drain tiles, without additional cost to the county where they are being placed under fills for drainage of the roads.
Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a28; Code 1932, § 2989; T.C.A. (orig. ed.), § 54-828.
Tenn. Code Ann. § 54-20-110 — TN Code / Title 54 / Chapter 20 / Section 54-20-110
Agreements with federal government authorized
Status: in_force

The commissioner is authorized to enter into agreements with the United States secretary of transportation as provided by title 23 of the United States Code relating to the control of junkyards in areas adjacent to the interstate and primary systems, and to take action in the name of the state to comply with the terms of the agreement. Acts 1967, ch. 304, § 10; 1971, ch. 369, § 2; T.C.A., § 54-2310; Acts 1981, ch. 432, § 7.
The commissioner is authorized to enter into agreements with the United States secretary of transportation as provided by title 23 of the United States Code relating to the control of junkyards in areas adjacent to the interstate and primary systems, and to take action in the name of the state to comply with the terms of the agreement.
Acts 1967, ch. 304, § 10; 1971, ch. 369, § 2; T.C.A., § 54-2310; Acts 1981, ch. 432, § 7.
Tenn. Code Ann. § 54-5-1402 — TN Code / Title 54 / Chapter 5 / Section 54-5-1402
Right-of-way acquisitions requiring special approval
Status: in_force

Notwithstanding any other law to the contrary, proposed payment shall be approved by the commissioner of finance and administration and the comptroller of the treasury: (1) If the property is proposed for acquisition for right-of-way under the authority of this chapter; (2) If: (A) The appraised value of a parcel of land along the right-of-way exceeds one hundred thousand dollars ($100,000); or (B) The appraised value of all parcels of land owned by any one (1) person, family or entity along the right-of-way exceeds one hundred thousand dollars ($100,000); and (3) If the department proposes to pay more than ten percent (10%) above the current appraised value. Acts 1999, ch. 288, § 3.
Notwithstanding any other law to the contrary, proposed payment shall be approved by the commissioner of finance and administration and the comptroller of the treasury:
(1) If the property is proposed for acquisition for right-of-way under the authority of this chapter;
(2) If: (A) The appraised value of a parcel of land along the right-of-way exceeds one hundred thousand dollars ($100,000); or (B) The appraised value of all parcels of land owned by any one (1) person, family or entity along the right-of-way exceeds one hundred thousand dollars ($100,000); and
(A) The appraised value of a parcel of land along the right-of-way exceeds one hundred thousand dollars ($100,000); or
(B) The appraised value of all parcels of land owned by any one (1) person, family or entity along the right-of-way exceeds one hundred thousand dollars ($100,000); and
(3) If the department proposes to pay more than ten percent (10%) above the current appraised value.
Acts 1999, ch. 288, § 3.
Tenn. Code Ann. § 54-11-202 — TN Code / Title 54 / Chapter 11 / Section 54-11-202
Bridges to be made by county - Tax levy
Status: in_force

Bridges that cannot be built by the overseer and the overseer's assistants shall be a county charge, and the county legislative body shall make a levy on the taxables to raise money for the purpose, and shall contract and agree for building, keeping, and repairing the bridges. Code 1858, § 1212 (deriv. Acts 1804, ch. 1, § 5); Shan., § 1708; Code 1932, § 3018; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1108.
Bridges that cannot be built by the overseer and the overseer's assistants shall be a county charge, and the county legislative body shall make a levy on the taxables to raise money for the purpose, and shall contract and agree for building, keeping, and repairing the bridges.
Code 1858, § 1212 (deriv. Acts 1804, ch. 1, § 5); Shan., § 1708; Code 1932, § 3018; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1108.
Tenn. Code Ann. § 54-1-404 — TN Code / Title 54 / Chapter 1 / Section 54-1-404
Verification of reported motor registration number and notification of owner or lessee of vehicle
Status: in_force

Upon receipt of the information required by § 54-1-403 , the department of transportation may verify the reported motor vehicle registration number through the department of safety. Upon completing verification, if possible, the department of transportation may mail a letter to the owner or lessee of the motor vehicle at the address affiliated with the registration number. The letter may inform the owner or lessee of the motor vehicle that a concerned citizen has reported witnessing the commission of a littering offense from the motor vehicle. The letter may strongly discourage the owner or lessee from committing a subsequent littering offense or allowing a subsequent littering offense to be committed from the person's motor vehicle and warn the owner or lessee of the penalties for littering under Tennessee law. Acts 2005, ch. 128, § 4.
Upon receipt of the information required by § 54-1-403 , the department of transportation may verify the reported motor vehicle registration number through the department of safety. Upon completing verification, if possible, the department of transportation may mail a letter to the owner or lessee of the motor vehicle at the address affiliated with the registration number. The letter may inform the owner or lessee of the motor vehicle that a concerned citizen has reported witnessing the commission of a littering offense from the motor vehicle. The letter may strongly discourage the owner or lessee from committing a subsequent littering offense or allowing a subsequent littering offense to be committed from the person's motor vehicle and warn the owner or lessee of the penalties for littering under Tennessee law.
Acts 2005, ch. 128, § 4.
Tenn. Code Ann. § 54-4-508 — TN Code / Title 54 / Chapter 4 / Section 54-4-508
Project to be maintained by local government
Status: in_force

Any project undertaken pursuant to this part shall be maintained by the local government within whose jurisdiction the project lies. Acts 1990, ch. 717, § 9; 1991, ch. 133, § 4.
Any project undertaken pursuant to this part shall be maintained by the local government within whose jurisdiction the project lies.
Acts 1990, ch. 717, § 9; 1991, ch. 133, § 4.
Tenn. Code Ann. § 54-1-125 — TN Code / Title 54 / Chapter 1 / Section 54-1-125
Reserved
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 308, s 23, eff. 7/1/2013. Acts 1990, ch. 1061, §§ 1-3.
Repealed by 2013 Tenn. Acts, ch. 308, s 23, eff. 7/1/2013.
Acts 1990, ch. 1061, §§ 1-3.
Tenn. Code Ann. § 54-14-115 — TN Code / Title 54 / Chapter 14 / Section 54-14-115
Verdict affirming jury of view or more unfavorable to appellant - Costs
Status: in_force

If the verdict of the jury upon the trial affirms the finding of the jury of view, or is more unfavorable to the appellant than the finding of the jury, the costs shall be adjudged against the appellant; otherwise, the court may award costs as in chancery cases. Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a13; Code 1932, § 2759; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1915.
If the verdict of the jury upon the trial affirms the finding of the jury of view, or is more unfavorable to the appellant than the finding of the jury, the costs shall be adjudged against the appellant; otherwise, the court may award costs as in chancery cases.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a13; Code 1932, § 2759; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1915.
Tenn. Code Ann. § 54-5-210 — TN Code / Title 54 / Chapter 5 / Section 54-5-210
Legal status of streets unchanged
Status: in_force

Nothing in this section and §§ 54-5-207 - 54-5-209 shall be construed as otherwise changing the character or legal status of city streets in any way and the distinctions made in this code between streets and highways are continued in full force and effect. Acts 1961, ch. 230, § 4; T.C.A., § 54-556.
Nothing in this section and §§ 54-5-207 - 54-5-209 shall be construed as otherwise changing the character or legal status of city streets in any way and the distinctions made in this code between streets and highways are continued in full force and effect.
Acts 1961, ch. 230, § 4; T.C.A., § 54-556.
Tenn. Code Ann. § 54-1-507 — TN Code / Title 54 / Chapter 1 / Section 54-1-507
Establishment of policies and promulgation of rules and regulations
Status: in_force

The department may establish agency policies and/or promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, in furtherance of this part. Acts 2013, ch. 366, § 1.
The department may establish agency policies and/or promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, in furtherance of this part.
Acts 2013, ch. 366, § 1.
Tenn. Code Ann. § 54-1-406 — TN Code / Title 54 / Chapter 1 / Section 54-1-406
Rules and regulations
Status: in_force

The commissioner of transportation is authorized to promulgate rules and regulations to effectuate the purposes of §§ 54-1-401 - 54-1-404. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2005, ch. 128, § 6.
The commissioner of transportation is authorized to promulgate rules and regulations to effectuate the purposes of §§ 54-1-401 - 54-1-404. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2005, ch. 128, § 6.
Tenn. Code Ann. § 54-1-103 — TN Code / Title 54 / Chapter 1 / Section 54-1-103
Legislative findings and intent - Crash test labs
Status: in_force

(a) The general assembly finds that: (1) Section 11517 of the federal Infrastructure Investment and Jobs Act (Pub. L. No. 117-58) requires the United States secretary of transportation to develop a process for third-party verification of full-scale crash testing results from crash test labs, including a method for formally verifying the testing outcomes and providing for an independent pass/fail determination; and (2) In establishing such a process, the United States secretary of transportation shall seek to ensure the independence of crash test labs by ensuring that those labs have a clear separation between device development and testing in cases in which lab employees test devices that were developed within the parent organization of the employee. (b) It is the intent of the general assembly that the state department of transportation shall keep abreast of the United States secretary of transportation's implementation of these testing measures and adopt them to the greatest extent feasible under state law, with the goal being that the state department of transportation will be in compliance with the requirements of the United States department of transportation as it relates to this testing as provided in Section 11517 of the federal Infrastructure Investment and Jobs Act (Pub. L. No. 117-58). Added by 2022 Tenn. Acts, ch. 754, s 2, eff. 7/1/2022.
(a) The general assembly finds that: (1) Section 11517 of the federal Infrastructure Investment and Jobs Act (Pub. L. No. 117-58) requires the United States secretary of transportation to develop a process for third-party verification of full-scale crash testing results from crash test labs, including a method for formally verifying the testing outcomes and providing for an independent pass/fail determination; and (2) In establishing such a process, the United States secretary of transportation shall seek to ensure the independence of crash test labs by ensuring that those labs have a clear separation between device development and testing in cases in which lab employees test devices that were developed within the parent organization of the employee.
(1) Section 11517 of the federal Infrastructure Investment and Jobs Act (Pub. L. No. 117-58) requires the United States secretary of transportation to develop a process for third-party verification of full-scale crash testing results from crash test labs, including a method for formally verifying the testing outcomes and providing for an independent pass/fail determination; and
(2) In establishing such a process, the United States secretary of transportation shall seek to ensure the independence of crash test labs by ensuring that those labs have a clear separation between device development and testing in cases in which lab employees test devices that were developed within the parent organization of the employee.
(b) It is the intent of the general assembly that the state department of transportation shall keep abreast of the United States secretary of transportation's implementation of these testing measures and adopt them to the greatest extent feasible under state law, with the goal being that the state department of transportation will be in compliance with the requirements of the United States department of transportation as it relates to this testing as provided in Section 11517 of the federal Infrastructure Investment and Jobs Act (Pub. L. No. 117-58).
Added by 2022 Tenn. Acts, ch. 754, s 2, eff. 7/1/2022.
Tenn. Code Ann. § 54-11-212 — TN Code / Title 54 / Chapter 11 / Section 54-11-212
Voting for a bridge - Procedure
Status: in_force

(a) Whenever, in the opinion of the county legislative body, it will be best so to do, it may submit to a vote of the people of the county the question of whether any bridge shall be built or not. (b) The county legislative body shall direct the county election commission to hold an election on the question. (c) If a majority of the votes cast are for a bridge, the county legislative body, at its next regular session, shall order the bridge built; if against it, no bridge shall be ordered built by the county legislative body within two (2) years after the election in subsection (b) was ordered, unless the question is again submitted to the people and voted on favorably. Acts 1885, ch. 149, § 5; Shan., § 1716; Code 1932, § 3027; modified; Acts 1972, ch. 740, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A. (orig. ed.), § 54-1118.
(a) Whenever, in the opinion of the county legislative body, it will be best so to do, it may submit to a vote of the people of the county the question of whether any bridge shall be built or not.
(b) The county legislative body shall direct the county election commission to hold an election on the question.
(c) If a majority of the votes cast are for a bridge, the county legislative body, at its next regular session, shall order the bridge built; if against it, no bridge shall be ordered built by the county legislative body within two (2) years after the election in subsection (b) was ordered, unless the question is again submitted to the people and voted on favorably.
Acts 1885, ch. 149, § 5; Shan., § 1716; Code 1932, § 3027; modified; Acts 1972, ch. 740, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A. (orig. ed.), § 54-1118.
Tenn. Code Ann. § 54-17-115 — TN Code / Title 54 / Chapter 17 / Section 54-17-115
Building restrictions near scenic highways
Status: in_force

(a) (1) The exposed portion of buildings constructed or erected on property located within one thousand feet (1,000') of a scenic highway shall not exceed a height of thirty-five feet (35') above the level of the highway on property located below the level of the highway, or a height of thirty-five feet (35') above the ground line on property located above the level of the highway. (2) The restriction on buildings shall apply to the scenic highway, notwithstanding the route being located inside or outside a municipality and notwithstanding any law or ordinance to the contrary. (b) It is the legislative intent of this section, in part, that possession of a building permit at the time a road or highway is designated a scenic highway shall not allow any future construction based on that permit. (c) (1) This section shall not apply to any building in existence at the time a road or highway is designated a part of the system. (2) Silos and buildings designed for agricultural use are exempted from the application of this section. (3) Any geographic area designated by state law and managed by a development authority authorized to promote and regulate technology-based economic development is exempt from the application of this section. (4) Section 54-17-113 shall not apply to this section. Acts 1972, ch. 685, § 1; 1973, ch. 9, § 4; 1976, ch. 819, § 10; modified; T.C.A., § 54-2515; Acts 1987, ch. 30, § 1; 1990, ch. 660, § 1.
(a) (1) The exposed portion of buildings constructed or erected on property located within one thousand feet (1,000') of a scenic highway shall not exceed a height of thirty-five feet (35') above the level of the highway on property located below the level of the highway, or a height of thirty-five feet (35') above the ground line on property located above the level of the highway. (2) The restriction on buildings shall apply to the scenic highway, notwithstanding the route being located inside or outside a municipality and notwithstanding any law or ordinance to the contrary.
(1) The exposed portion of buildings constructed or erected on property located within one thousand feet (1,000') of a scenic highway shall not exceed a height of thirty-five feet (35') above the level of the highway on property located below the level of the highway, or a height of thirty-five feet (35') above the ground line on property located above the level of the highway.
(2) The restriction on buildings shall apply to the scenic highway, notwithstanding the route being located inside or outside a municipality and notwithstanding any law or ordinance to the contrary.
(b) It is the legislative intent of this section, in part, that possession of a building permit at the time a road or highway is designated a scenic highway shall not allow any future construction based on that permit.
(c) (1) This section shall not apply to any building in existence at the time a road or highway is designated a part of the system. (2) Silos and buildings designed for agricultural use are exempted from the application of this section. (3) Any geographic area designated by state law and managed by a development authority authorized to promote and regulate technology-based economic development is exempt from the application of this section. (4) Section 54-17-113 shall not apply to this section.
(1) This section shall not apply to any building in existence at the time a road or highway is designated a part of the system.
(2) Silos and buildings designed for agricultural use are exempted from the application of this section.
(3) Any geographic area designated by state law and managed by a development authority authorized to promote and regulate technology-based economic development is exempt from the application of this section.
(4) Section 54-17-113 shall not apply to this section.
Acts 1972, ch. 685, § 1; 1973, ch. 9, § 4; 1976, ch. 819, § 10; modified; T.C.A., § 54-2515; Acts 1987, ch. 30, § 1; 1990, ch. 660, § 1.
Tenn. Code Ann. § 54-12-132 — TN Code / Title 54 / Chapter 12 / Section 54-12-132
Adjournment until notice given - Jurisdiction not lost - Appearance without formal answer
Status: in_force

(a) If at the time set for hearing it appears to the monthly county court that any person entitled to notice as provided in §§ 54-12-128 - 54-12-131 has not received notice, the hearing shall be adjourned until the person can be given the required notice, and the court shall not lose jurisdiction of the subject matter or of the persons already properly notified by the adjournment or postponement. (b) The person concerned may appear and be heard without formally answering the petition in writing; provided, that the writ or summons and the publication notice need not give or set out in any detail the contents of the petition or its prayer. Acts 1919, ch. 193, §§ 21, 22; Shan. Supp., §§ 1682a32, 1682a33; Code 1932, §§ 2846, 2847; modified; T.C.A. (orig. ed.), § 54-1332.
(a) If at the time set for hearing it appears to the monthly county court that any person entitled to notice as provided in §§ 54-12-128 - 54-12-131 has not received notice, the hearing shall be adjourned until the person can be given the required notice, and the court shall not lose jurisdiction of the subject matter or of the persons already properly notified by the adjournment or postponement.
(b) The person concerned may appear and be heard without formally answering the petition in writing; provided, that the writ or summons and the publication notice need not give or set out in any detail the contents of the petition or its prayer.
Acts 1919, ch. 193, §§ 21, 22; Shan. Supp., §§ 1682a32, 1682a33; Code 1932, §§ 2846, 2847; modified; T.C.A. (orig. ed.), § 54-1332.
Tenn. Code Ann. § 54-12-415 — TN Code / Title 54 / Chapter 12 / Section 54-12-415
Suits proceeded with as other suits in chancery, except separate hearing and decree as to any one defendant
Status: in_force

The suits in chancery shall be proceeded with as other suits are in that court, except that the court may hear the case as to any one (1) or more of the defendants, whether ready to be heard as to other defendants or not, and proceed to sale and final decree as to any one (1) or more of the defendants, though the case is not disposed of as to other defendants. Acts 1919, ch. 193, § 97; Shan. Supp., § 1682a111; Code 1932, § 2926; T.C.A. (orig. ed.), § 54-1615.
The suits in chancery shall be proceeded with as other suits are in that court, except that the court may hear the case as to any one (1) or more of the defendants, whether ready to be heard as to other defendants or not, and proceed to sale and final decree as to any one (1) or more of the defendants, though the case is not disposed of as to other defendants.
Acts 1919, ch. 193, § 97; Shan. Supp., § 1682a111; Code 1932, § 2926; T.C.A. (orig. ed.), § 54-1615.
Tenn. Code Ann. § 54-11-201 — TN Code / Title 54 / Chapter 11 / Section 54-11-201
Bridges to be made by overseer - Securing materials
Status: in_force

Bridges shall be made by the overseer and the overseer's assistants, through swamps and over small runs and creeks, for which purpose, as well as for making causeways, the overseer may cut poles and other necessary timber, without incurring any penalty. Code 1858, § 1211 (deriv. Acts 1804, ch. 1, §§ 14, 16); Shan., § 1707a1; Code 1932, § 3017; T.C.A. (orig. ed.), § 54-1107.
Bridges shall be made by the overseer and the overseer's assistants, through swamps and over small runs and creeks, for which purpose, as well as for making causeways, the overseer may cut poles and other necessary timber, without incurring any penalty.
Code 1858, § 1211 (deriv. Acts 1804, ch. 1, §§ 14, 16); Shan., § 1707a1; Code 1932, § 3017; T.C.A. (orig. ed.), § 54-1107.
Tenn. Code Ann. § 54-21-101 — TN Code / Title 54 / Chapter 21 / Section 54-21-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Outdoor Advertising Control Act of 2020." Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Acts 1972, ch. 655, § 1; T.C.A., § 54-2601.
This chapter shall be known and may be cited as the "Outdoor Advertising Control Act of 2020."
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Acts 1972, ch. 655, § 1; T.C.A., § 54-2601.
Tenn. Code Ann. § 54-10-113 — TN Code / Title 54 / Chapter 10 / Section 54-10-113
Possession of municipal or county street, road or highway sign prohibited
Status: in_force

(a) The possession of a municipal or county street, road or highway sign erected upon any municipal or county street, road or highway by any person who is not an employee of a municipal or county highway department, or who has not entered into a contract with a municipality or county for the sale or erection of a street, road or highway sign, is a Class B misdemeanor punishable by a fine only of not more than five hundred dollars ($500). The possession of each street, road or highway sign in violation of this section shall be considered a separate offense. (b) This section shall only apply to a municipal or county road, street or highway sign that contains markings or other form of identification on the sign indicating the municipality or county that erected or caused to be erected the sign, and the date the sign was acquired or erected by such municipality or county. (c) In addition to the fine provided for in subsection (a), any person convicted of a violation of this section shall also be required to pay restitution to the highway department that erected or caused to be erected the street, road or highway sign, for the costs of replacing the sign. The highway department shall submit information documenting the costs of replacement for the judge to review. After review, the judge shall order the appropriate amount of restitution, which shall be distributed directly to the highway department. (d) This section shall only apply to municipal or county street, road or highway signs that are acquired or erected after July 1, 1998. Acts 1998, ch. 917, § 1.
(a) The possession of a municipal or county street, road or highway sign erected upon any municipal or county street, road or highway by any person who is not an employee of a municipal or county highway department, or who has not entered into a contract with a municipality or county for the sale or erection of a street, road or highway sign, is a Class B misdemeanor punishable by a fine only of not more than five hundred dollars ($500). The possession of each street, road or highway sign in violation of this section shall be considered a separate offense.
(b) This section shall only apply to a municipal or county road, street or highway sign that contains markings or other form of identification on the sign indicating the municipality or county that erected or caused to be erected the sign, and the date the sign was acquired or erected by such municipality or county.
(c) In addition to the fine provided for in subsection (a), any person convicted of a violation of this section shall also be required to pay restitution to the highway department that erected or caused to be erected the street, road or highway sign, for the costs of replacing the sign. The highway department shall submit information documenting the costs of replacement for the judge to review. After review, the judge shall order the appropriate amount of restitution, which shall be distributed directly to the highway department.
(d) This section shall only apply to municipal or county street, road or highway signs that are acquired or erected after July 1, 1998.
Acts 1998, ch. 917, § 1.
Tenn. Code Ann. § 54-14-116 — TN Code / Title 54 / Chapter 14 / Section 54-14-116
Writ of possession to petitioners
Status: in_force

Upon the hearing of the case by the court or upon the judgment being pronounced on the verdict of the jury, the court may order a writ of possession to issue to place the petitioners in possession of the easement or right-of-way awarded to them. Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a14; Code 1932, § 2760; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1916.
Upon the hearing of the case by the court or upon the judgment being pronounced on the verdict of the jury, the court may order a writ of possession to issue to place the petitioners in possession of the easement or right-of-way awarded to them.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a14; Code 1932, § 2760; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1916.
Tenn. Code Ann. § 54-21-118 — TN Code / Title 54 / Chapter 21 / Section 54-21-118
Restrictions on new outdoor advertising devices
Status: in_force

(a) After July 1, 2001, permits shall not be issued pursuant to this chapter for any new outdoor advertising device in which two (2) or more displays are stacked one (1) above the other. Outdoor advertising devices with two (2) or more displays stacked one (1) above the other that were legally erected on or before July 1, 2001, are unaffected by this subsection (a). (b) The holder of a legal permit under subsection (a) may move the outdoor advertising device to a new location, if that location is otherwise eligible for a permit. Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Acts 1980, ch. 837, § 2; 1982, ch. 932, §§ 1, 2; Acts 1989, ch. 591, § 113; 1994, ch. 562, §§1, 2; 2012 , ch. 547, § 1.
(a) After July 1, 2001, permits shall not be issued pursuant to this chapter for any new outdoor advertising device in which two (2) or more displays are stacked one (1) above the other. Outdoor advertising devices with two (2) or more displays stacked one (1) above the other that were legally erected on or before July 1, 2001, are unaffected by this subsection (a).
(b) The holder of a legal permit under subsection (a) may move the outdoor advertising device to a new location, if that location is otherwise eligible for a permit.
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Acts 1980, ch. 837, § 2; 1982, ch. 932, §§ 1, 2; Acts 1989, ch. 591, § 113; 1994, ch. 562, §§1, 2; 2012 , ch. 547, § 1.
Tenn. Code Ann. § 54-9-129 — TN Code / Title 54 / Chapter 9 / Section 54-9-129
Damages for rights-of-way paid by authority of county legislative body, or upon condemnation
Status: in_force

(a) The commissioners elected under this chapter shall not expend the money obtained by the sale of any road bonds for any rights-of-way without first being authorized to do so by the county legislative body, or for any release, or for any damage growing out of the road building in any way or manner, unless it is after condemnation proceedings where it becomes necessary to condemn land for the purpose of barrow pits, or rock quarries for the purpose of obtaining rock for the roads or dirt to make fills where the cuts are not sufficient to make the fills. (b) The commissioners shall have the right, where it is not possible to obtain rights-of-way otherwise, to condemn land or buildings for rights-of-way. Acts 1913 (1st E.S.), ch. 26, § 9; Shan., § 1695a31; Code 1932, § 2992; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-831.
(a) The commissioners elected under this chapter shall not expend the money obtained by the sale of any road bonds for any rights-of-way without first being authorized to do so by the county legislative body, or for any release, or for any damage growing out of the road building in any way or manner, unless it is after condemnation proceedings where it becomes necessary to condemn land for the purpose of barrow pits, or rock quarries for the purpose of obtaining rock for the roads or dirt to make fills where the cuts are not sufficient to make the fills.
(b) The commissioners shall have the right, where it is not possible to obtain rights-of-way otherwise, to condemn land or buildings for rights-of-way.
Acts 1913 (1st E.S.), ch. 26, § 9; Shan., § 1695a31; Code 1932, § 2992; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-831.
Tenn. Code Ann. § 54-16-111 — TN Code / Title 54 / Chapter 16 / Section 54-16-111
Rest area mileage information signs
Status: in_force

(a) Notwithstanding any other provision of law to the contrary, the commissioner of transportation is directed to include as a part of all signage at interstate rest areas in the state information that indicates the mileage to the next closest interstate rest area as a means of assistance to the tourists who travel our great state. (b) The erection of informational signs or the inclusion of mileage information on existing signs shall be within the guidelines prescribed by the Manual on Uniform Traffic Safety. (c) This section becomes operative only if the federal highway administrator advises the commissioner in writing that this section does not render Tennessee in violation of federal laws and regulations and subject to penalties prescribed in the laws and regulations. Acts 1993, ch. 146, §§ 1-3.
(a) Notwithstanding any other provision of law to the contrary, the commissioner of transportation is directed to include as a part of all signage at interstate rest areas in the state information that indicates the mileage to the next closest interstate rest area as a means of assistance to the tourists who travel our great state.
(b) The erection of informational signs or the inclusion of mileage information on existing signs shall be within the guidelines prescribed by the Manual on Uniform Traffic Safety.
(c) This section becomes operative only if the federal highway administrator advises the commissioner in writing that this section does not render Tennessee in violation of federal laws and regulations and subject to penalties prescribed in the laws and regulations.
Acts 1993, ch. 146, §§ 1-3.