Tenn. Code Ann. § 54-21-102 — TN Code / Title 54 / Chapter 21 / Section 54-21-102
Chapter definitions
Status: in_force

As used in this chapter: (1) "Adjacent area" means that area within six hundred sixty feet (660') of the nearest edge of the right-of-way of interstate and primary highways and visible from the main traveled way of the interstate or primary highways; (2) "Changeable message sign" means an outdoor advertising device that displays a series of messages at intervals by means of digital display or mechanical rotating panels; (3) "Commissioner" means the commissioner of transportation or the commissioner's designee; (4) "Compensation" means the exchange of anything of value, including money, securities, real property interests, personal property interests, goods or services, promise of future payment, or forbearance of debt; (5) "Conforming" means an outdoor advertising device that was permitted under and conforms to the zoning, size, lighting, and spacing criteria established in accordance with either the current agreement entered into between the commissioner and the secretary of transportation of the United States on or about October 18, 1984, or the original agreement entered into on or about November 11, 1971, as authorized in § 54-21-113 . Any permitted outdoor advertising device that continues to conform to either the current agreement or the original agreement and conditions provided in § 54-21-113 is considered conforming; (6) "Customary maintenance" means maintenance of a nonconforming outdoor advertising device, which may include, but shall not exceed, the replacement of the sign face and stringers in like materials, and the replacement in like materials of up to fifty percent (50%) of the device's poles, posts, or other support structures; provided, that the replacement of any poles, posts, or other support structures is limited to one (1) time within a twenty-four-month period; (7) "Department" means the department of transportation; (8) "Destroyed" means, with respect to a nonconforming outdoor advertising device, that, in the case of wooden sign structures, sixty percent (60%) or more of the upright supports of a sign structure are physically damaged such that normal repair practices would call for replacement of the broken supports or, in the case of metal sign structures, replacement of at least thirty percent (30%) of the length above ground of each broken, bent, or twisted support; (9) "Digital display" means a type of changeable message sign that displays a series of messages at intervals through the electronic coding of lights or light emitting diodes or any other means that does not use or require mechanical rotating panels; (10) "Directional sign" means an official sign that identifies a site, attraction, or activity and directional information useful to a traveler in locating the site, attraction, or activity, including mileage, route numbers, or exit numbers; (11) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but does not apply to changes of copy treatment on an existing outdoor advertising device; (12) "Facility" means a commercial or industrial facility, or other facility open to the public, that operates with regular business hours on a year-round basis within a building or defined physical space, which may include a structure other than a building, together with any immediately adjacent parking areas; provided, that activity conducted in a temporary structure or a structure operated only on a seasonal basis may be considered a facility for the purpose of allowing an on-premises device to be located on the same property, but the device is only allowed on a temporary basis during the period the facility is actually conducting activity; (13) "Information center" means an area or site established and maintained at a safety rest area for the purpose of informing the public of places of interest within this state and providing other information the commissioner may consider desirable; (14) "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 designated, by the commissioner, and approved by the secretary of transportation of the United States, pursuant to title 23 of the United States Code; (15) "Main traveled way" means the traveled way of a highway on which through traffic is carried. In the 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; (16) "Nonconforming" means an outdoor advertising device that does not conform to the zoning, size, lighting, or spacing criteria established by and in accordance with either the current agreement entered into between the commissioner and the secretary of transportation of the United States, or in accordance with the original agreement entered into on or about November 11, 1971, as authorized in § 54-21-113 . Any outdoor advertising device that continues to conform to either the current agreement or the original agreement as provided in § 54-21-113 shall not be considered nonconforming; (17) "On-premises device" means a sign: (A) That is located within fifty feet (50') of, and on the same parcel of property and on the same side of the highway as, the facility that owns or operates the sign or within fifty feet (50') of, and on the same parcel of property and on the same side of the highway as, the entrance to the parcel of property upon which two (2) or more facilities are located; and (B) For which compensation is not being received and not intended to be received; (18) "Outdoor advertising device": (A) Means a sign that is operated or owned by a person or entity that is earning compensation directly or indirectly from a third party or parties for the placement of a message on the sign; and (B) Does not include a sign that is an on-premises device or other type of sign exempt from regulation under this chapter; (19) "Person" means and includes an individual, a partnership, an association, a corporation, or other entity; (20) "Primary system" means that portion of connected main highways, located within this state, as officially designated, or as may hereafter be designated by the commissioner, and approved by the secretary of transportation of the United States, pursuant to title 23 of the United States Code, including highways designated as part of the national highway system and highways formerly designated as part of the federal-aid primary system; (21) "Safety rest area" means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public; (22) "Sign" means an outdoor sign, light, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform any part of the advertising or informative contents of which is visible from any place on the main traveled way of an interstate system or primary system; (23) "State system" means that portion of highways located within this state, as officially designated, or as may hereafter be designated by the commissioner; (24) "Traveled way" means the portion of a roadway for the movement of vehicles, exclusive of shoulders; (25) "Unzoned commercial or industrial area": (A) Means an area on which there is located one (1) or more permanent structures within which a commercial or industrial business is actively conducted, and which is equipped with all customary utilities facilities and open to the public regularly or regularly used by employees of the business as their principal work station, or which, due to the nature of the business, is equipped, staffed, and accessible to the public as necessary, and includes the area along the highway extending outward six hundred feet (600') from and beyond the edge of such activity in each direction and a corresponding zone directly across a primary highway that is not also a limited access highway when the area is not primarily residential in character or a: (i) Public park; (ii) Public playground; (iii) Public recreational area; (iv) Public forest, wildlife, or waterfowl refuge; (v) Historic scenic area; or (vi) Cemetery; (B) Does not include land across the highway from a commercial or industrial activity when the highway is an interstate or controlled access primary highway; (C) Must be measured from the outer edges of the regularly used buildings, parking lots, storage, processing, or landscaped areas of the commercial or industrial activity, not from the property lines of the activity, and the measurements must be along or parallel to the edge of the pavement of the highway; and (D) Does not include the following activities conducted within the area, when considered for purposes of outdoor advertising: (i) Outdoor advertising structures; (ii) Agricultural, forestry, ranching, grazing, farming, and related activities, including wayside fresh produce stands; (iii) Transient or temporary activities; (iv) Activities not visible from the main traveled way; (v) Activities more than six hundred sixty feet (660') from the nearest edge of the right-of-way; (vi) Activities conducted in a building primarily used as a residence; and (vii) Railroad tracks and minor sidings; (26) "Utility signs" means warning signs, notices, or markers that are customarily erected and maintained for operational and public safety purposes by publicly or privately owned utilities, railroads, ferries, airports, or other entities that provide utility or transportation services; and (27) "Visible" means capable of being seen, whether or not readable, without visual aid by a person of normal visual acuity. Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Amended by 2019 Tenn. Acts, ch. 169, s 1, eff. 7/1/2019. Acts 1972, ch. 655, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2602; Acts 1980, ch. 470, §§1, 2; 2007 , ch. 76, § 1; 2007 , ch. 427, §§ 1, 2; 2008 , ch. 1155, § 1.
As used in this chapter:
(1) "Adjacent area" means that area within six hundred sixty feet (660') of the nearest edge of the right-of-way of interstate and primary highways and visible from the main traveled way of the interstate or primary highways;
(2) "Changeable message sign" means an outdoor advertising device that displays a series of messages at intervals by means of digital display or mechanical rotating panels;
(3) "Commissioner" means the commissioner of transportation or the commissioner's designee;
(4) "Compensation" means the exchange of anything of value, including money, securities, real property interests, personal property interests, goods or services, promise of future payment, or forbearance of debt;
(5) "Conforming" means an outdoor advertising device that was permitted under and conforms to the zoning, size, lighting, and spacing criteria established in accordance with either the current agreement entered into between the commissioner and the secretary of transportation of the United States on or about October 18, 1984, or the original agreement entered into on or about November 11, 1971, as authorized in § 54-21-113 . Any permitted outdoor advertising device that continues to conform to either the current agreement or the original agreement and conditions provided in § 54-21-113 is considered conforming;
(6) "Customary maintenance" means maintenance of a nonconforming outdoor advertising device, which may include, but shall not exceed, the replacement of the sign face and stringers in like materials, and the replacement in like materials of up to fifty percent (50%) of the device's poles, posts, or other support structures; provided, that the replacement of any poles, posts, or other support structures is limited to one (1) time within a twenty-four-month period;
(7) "Department" means the department of transportation;
(8) "Destroyed" means, with respect to a nonconforming outdoor advertising device, that, in the case of wooden sign structures, sixty percent (60%) or more of the upright supports of a sign structure are physically damaged such that normal repair practices would call for replacement of the broken supports or, in the case of metal sign structures, replacement of at least thirty percent (30%) of the length above ground of each broken, bent, or twisted support;
(9) "Digital display" means a type of changeable message sign that displays a series of messages at intervals through the electronic coding of lights or light emitting diodes or any other means that does not use or require mechanical rotating panels;
(10) "Directional sign" means an official sign that identifies a site, attraction, or activity and directional information useful to a traveler in locating the site, attraction, or activity, including mileage, route numbers, or exit numbers;
(11) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but does not apply to changes of copy treatment on an existing outdoor advertising device;
(12) "Facility" means a commercial or industrial facility, or other facility open to the public, that operates with regular business hours on a year-round basis within a building or defined physical space, which may include a structure other than a building, together with any immediately adjacent parking areas; provided, that activity conducted in a temporary structure or a structure operated only on a seasonal basis may be considered a facility for the purpose of allowing an on-premises device to be located on the same property, but the device is only allowed on a temporary basis during the period the facility is actually conducting activity;
(13) "Information center" means an area or site established and maintained at a safety rest area for the purpose of informing the public of places of interest within this state and providing other information the commissioner may consider desirable;
(14) "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 designated, by the commissioner, and approved by the secretary of transportation of the United States, pursuant to title 23 of the United States Code;
(15) "Main traveled way" means the traveled way of a highway on which through traffic is carried. In the 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;
(16) "Nonconforming" means an outdoor advertising device that does not conform to the zoning, size, lighting, or spacing criteria established by and in accordance with either the current agreement entered into between the commissioner and the secretary of transportation of the United States, or in accordance with the original agreement entered into on or about November 11, 1971, as authorized in § 54-21-113 . Any outdoor advertising device that continues to conform to either the current agreement or the original agreement as provided in § 54-21-113 shall not be considered nonconforming;
(17) "On-premises device" means a sign: (A) That is located within fifty feet (50') of, and on the same parcel of property and on the same side of the highway as, the facility that owns or operates the sign or within fifty feet (50') of, and on the same parcel of property and on the same side of the highway as, the entrance to the parcel of property upon which two (2) or more facilities are located; and (B) For which compensation is not being received and not intended to be received;
(A) That is located within fifty feet (50') of, and on the same parcel of property and on the same side of the highway as, the facility that owns or operates the sign or within fifty feet (50') of, and on the same parcel of property and on the same side of the highway as, the entrance to the parcel of property upon which two (2) or more facilities are located; and
(B) For which compensation is not being received and not intended to be received;
(18) "Outdoor advertising device": (A) Means a sign that is operated or owned by a person or entity that is earning compensation directly or indirectly from a third party or parties for the placement of a message on the sign; and (B) Does not include a sign that is an on-premises device or other type of sign exempt from regulation under this chapter;
(A) Means a sign that is operated or owned by a person or entity that is earning compensation directly or indirectly from a third party or parties for the placement of a message on the sign; and
(B) Does not include a sign that is an on-premises device or other type of sign exempt from regulation under this chapter;
(19) "Person" means and includes an individual, a partnership, an association, a corporation, or other entity;
(20) "Primary system" means that portion of connected main highways, located within this state, as officially designated, or as may hereafter be designated by the commissioner, and approved by the secretary of transportation of the United States, pursuant to title 23 of the United States Code, including highways designated as part of the national highway system and highways formerly designated as part of the federal-aid primary system;
(21) "Safety rest area" means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public;
(22) "Sign" means an outdoor sign, light, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform any part of the advertising or informative contents of which is visible from any place on the main traveled way of an interstate system or primary system;
(23) "State system" means that portion of highways located within this state, as officially designated, or as may hereafter be designated by the commissioner;
(24) "Traveled way" means the portion of a roadway for the movement of vehicles, exclusive of shoulders;
(25) "Unzoned commercial or industrial area": (A) Means an area on which there is located one (1) or more permanent structures within which a commercial or industrial business is actively conducted, and which is equipped with all customary utilities facilities and open to the public regularly or regularly used by employees of the business as their principal work station, or which, due to the nature of the business, is equipped, staffed, and accessible to the public as necessary, and includes the area along the highway extending outward six hundred feet (600') from and beyond the edge of such activity in each direction and a corresponding zone directly across a primary highway that is not also a limited access highway when the area is not primarily residential in character or a: (i) Public park; (ii) Public playground; (iii) Public recreational area; (iv) Public forest, wildlife, or waterfowl refuge; (v) Historic scenic area; or (vi) Cemetery; (B) Does not include land across the highway from a commercial or industrial activity when the highway is an interstate or controlled access primary highway; (C) Must be measured from the outer edges of the regularly used buildings, parking lots, storage, processing, or landscaped areas of the commercial or industrial activity, not from the property lines of the activity, and the measurements must be along or parallel to the edge of the pavement of the highway; and (D) Does not include the following activities conducted within the area, when considered for purposes of outdoor advertising: (i) Outdoor advertising structures; (ii) Agricultural, forestry, ranching, grazing, farming, and related activities, including wayside fresh produce stands; (iii) Transient or temporary activities; (iv) Activities not visible from the main traveled way; (v) Activities more than six hundred sixty feet (660') from the nearest edge of the right-of-way; (vi) Activities conducted in a building primarily used as a residence; and (vii) Railroad tracks and minor sidings;
(A) Means an area on which there is located one (1) or more permanent structures within which a commercial or industrial business is actively conducted, and which is equipped with all customary utilities facilities and open to the public regularly or regularly used by employees of the business as their principal work station, or which, due to the nature of the business, is equipped, staffed, and accessible to the public as necessary, and includes the area along the highway extending outward six hundred feet (600') from and beyond the edge of such activity in each direction and a corresponding zone directly across a primary highway that is not also a limited access highway when the area is not primarily residential in character or a: (i) Public park; (ii) Public playground; (iii) Public recreational area; (iv) Public forest, wildlife, or waterfowl refuge; (v) Historic scenic area; or (vi) Cemetery;
(i) Public park;
(ii) Public playground;
(iii) Public recreational area;
(iv) Public forest, wildlife, or waterfowl refuge;
(v) Historic scenic area; or
(vi) Cemetery;
(B) Does not include land across the highway from a commercial or industrial activity when the highway is an interstate or controlled access primary highway;
(C) Must be measured from the outer edges of the regularly used buildings, parking lots, storage, processing, or landscaped areas of the commercial or industrial activity, not from the property lines of the activity, and the measurements must be along or parallel to the edge of the pavement of the highway; and
(D) Does not include the following activities conducted within the area, when considered for purposes of outdoor advertising: (i) Outdoor advertising structures; (ii) Agricultural, forestry, ranching, grazing, farming, and related activities, including wayside fresh produce stands; (iii) Transient or temporary activities; (iv) Activities not visible from the main traveled way; (v) Activities more than six hundred sixty feet (660') from the nearest edge of the right-of-way; (vi) Activities conducted in a building primarily used as a residence; and (vii) Railroad tracks and minor sidings;
(i) Outdoor advertising structures;
(ii) Agricultural, forestry, ranching, grazing, farming, and related activities, including wayside fresh produce stands;
(iii) Transient or temporary activities;
(iv) Activities not visible from the main traveled way;
(v) Activities more than six hundred sixty feet (660') from the nearest edge of the right-of-way;
(vi) Activities conducted in a building primarily used as a residence; and
(vii) Railroad tracks and minor sidings;
(26) "Utility signs" means warning signs, notices, or markers that are customarily erected and maintained for operational and public safety purposes by publicly or privately owned utilities, railroads, ferries, airports, or other entities that provide utility or transportation services; and
(27) "Visible" means capable of being seen, whether or not readable, without visual aid by a person of normal visual acuity.
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Amended by 2019 Tenn. Acts, ch. 169, s 1, eff. 7/1/2019.
Acts 1972, ch. 655, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2602; Acts 1980, ch. 470, §§1, 2; 2007 , ch. 76, § 1; 2007 , ch. 427, §§ 1, 2; 2008 , ch. 1155, § 1.
Tenn. Code Ann. § 54-12-129 — TN Code / Title 54 / Chapter 12 / Section 54-12-129
Service of writ - Acknowledgement
Status: in_force

The writ shall be served at least ten (10) days before the time set for the hearing of the matter of the petition, but shall not be issued for or served upon any of the persons described in § 54-12-128 , who shall file with the clerk a statement in writing, signed by the party entering an appearance at the hearing and waiving any additional notice, or the service of the writ may be acknowledged. Acts 1919, ch. 193, § 18; Shan. Supp., § 1682a29; Code 1932, § 2843; T.C.A. (orig. ed.), § 54-1329.
The writ shall be served at least ten (10) days before the time set for the hearing of the matter of the petition, but shall not be issued for or served upon any of the persons described in § 54-12-128 , who shall file with the clerk a statement in writing, signed by the party entering an appearance at the hearing and waiving any additional notice, or the service of the writ may be acknowledged.
Acts 1919, ch. 193, § 18; Shan. Supp., § 1682a29; Code 1932, § 2843; T.C.A. (orig. ed.), § 54-1329.
Tenn. Code Ann. § 54-20-203 — TN Code / Title 54 / Chapter 20 / Section 54-20-203
Fence or hedge required
Status: in_force

(a) Any person who maintains an automobile graveyard, any part of which is within five hundred feet (500') of any state highway, shall erect and maintain a fence or hedge around the automobile graveyard. (b) The fence or hedge shall be at least six feet (6') high and sufficient to conceal the automobile graveyard from the view of a person standing at the same level as the graveyard; provided, that no fence or hedge shall be required where erection of the fence or hedge would not effectively conceal a substantial portion of the automobile graveyard from the view of a person on the highway. Acts 1965, ch. 352, § 3; T.C.A., §§ 54-577, 54-5-903.
(a) Any person who maintains an automobile graveyard, any part of which is within five hundred feet (500') of any state highway, shall erect and maintain a fence or hedge around the automobile graveyard.
(b) The fence or hedge shall be at least six feet (6') high and sufficient to conceal the automobile graveyard from the view of a person standing at the same level as the graveyard; provided, that no fence or hedge shall be required where erection of the fence or hedge would not effectively conceal a substantial portion of the automobile graveyard from the view of a person on the highway.
Acts 1965, ch. 352, § 3; T.C.A., §§ 54-577, 54-5-903.
Tenn. Code Ann. § 54-17-203 — TN Code / Title 54 / Chapter 17 / Section 54-17-203
Establishment and designation of parkway system
Status: in_force

(a) There is established a system of roads to be known as the Tennessee parkway system as designated in subsection (c). (b) Roads designated as part of the Tennessee parkway system shall retain their existing system designation. (c) The initial designation of the system is as follows: (1) Beginning at the junction of State Route 73 and Interstate 40 in Loudon County and following along portions of State Routes 73, 33, 71 and 32 to Interstate 40 in Cocke County; (2) Beginning at the intersection of State Routes 73 and 115 in Maryville and following along portions or all of State Routes 115 and 168 to State Route 9 in Knoxville; (3) Beginning at the intersection of State Routes 71 and 73 near Pigeon Forge and following along portions of State Routes 71 and 66 to Interstate 40 in Sevier County; (4) Beginning at the junction of State Route 57 and Interstate 240 in Memphis and following along portions of State Routes 57, 18, 15, 100, 22A, 22, 69, 142 and 128 to Interstate 65 in Giles County; (5) Beginning at the intersection of State Routes 100 and 22A in Chester County and following along portions of State Routes 22A and 22 to State Route 20 in Lexington; (6) Beginning at the intersection of State Routes 15 and 6 in Lawrenceburg and following along a portion of State Route 6 to the intersection of State Route 20; (7) Beginning at the junction of State Route 78 and Interstate 155 in Dyer County and following along portions of State Routes 78, 20, 104, 5 business, 77, 43, 1, 13, 48, 6, and 99 to Interstate 65 in Maury County; (8) Beginning at the junction of FAP route 2 and Interstate 40 in Shelby County and following along portions of FAP route 2, State Routes 3, 3 bypass, 78, 21, 22, 5, 54, 69, 76, 12, 112A, 11, 49 and 25 to Interstate 65 in Robertson County; (9) Beginning at the intersection of State Routes 20 and 69 in Decatur County and following along portions of State Routes 69 and 69 bypass to the intersection of State Route 76 in Henry County; (10) Beginning at the intersection of State Routes 6 and 99 in Maury County and following along portions of State Routes 6, 1 and 12 to the intersection of State Route 112A in Montgomery County; (11) Beginning at the junction of State Route 99 and Interstate 65 in Maury County and following along all or portions of State Routes 99, 11, 64, 10, 82, 55, 50, 15, 2, 56, 150, 27, and 8 to the intersection of State Route 27 in Spur in Hamilton County; (12) Beginning at the junction of State Route 27 and Interstate 24 in Marion County and following along portions of State Routes 27 and 2 to Interstate 24 in Hamilton County; (13) Beginning at the junction of State Route 25 and Interstate 65 in Robertson County and following along portions of State Routes 25, 10, 52, 42, 28, 29 and 63 to Interstate 75 in Campbell County; (14) Beginning on State Route 10 at the Tennessee-Alabama state line in Lincoln County and following along portions of State Routes 10 and 1 to the intersection of State Route 25 in Trousdale County; (15) Beginning at the intersection of State Routes 10 and 96 in Rutherford County and following along portions of State Routes 96, 26, 1 and 61 to Interstate 40 in Roane County; (16) Beginning at the intersection of State Routes 27 and 28 in Marion County and following along portions of State Routes 28, 108 and 56 to Interstate 40 in Putnam County; (17) Beginning at the junction of State Route 56 and Interstate 40 in Putnam County and following along portions of State Routes 56 and 53 to the intersection of State Route 52 in Clay County; (18) Beginning at the intersection of State Routes 56 and 1 bypass in Warren County and following along portions of State Routes 1 bypass, 1, 30, and 101, county FAS route 601, portions of State Routes 28, 68, 29, and 33 to the intersection of State Route 73 in Blount County; (19) Beginning at the junction of State Route 40 bypass and Interstate 75 in Bradley County and following along all or portions of State Routes 40 bypass, 40 and 68 to the intersection of State Route 33 in Monroe County; (20) Beginning at the intersection of State Routes 68 and 165 in Monroe County and following along State Route 165 to the Tennessee-North Carolina state line; (21) Beginning at the junction of State Route 58 and Interstate 40 in Roane County and following along all or portions of State Routes 58, 95, 62 and 162 to Interstate 40 in Knox County; (22) Beginning at the intersection of State Route 62 and FAP 16 in Anderson County and following along all or portions of FAP 16 (Edgemore Road), State Routes 9 and 61 to Interstate 75 northeast of Clinton in Anderson County; (23) Beginning at the interchange of State Route 71 and Interstate 75 in Anderson County and following along portions of State Routes 71, 33 and 32 to the Tennessee-Virginia state line; (24) Beginning at the junction of State Route 32 and Interstate 40 in Cocke County and following along portions of State Routes 32, 9, 35, 34, 91, 37 and 1 to a junction with Interstate 81 in Sullivan County; (25) Beginning at the intersection of State Routes 67 and 34 in Johnson County and following along a portion of State Routes 34 and 1 to Interstate 81 in Sullivan County; (26) Beginning at the intersection of State Routes 9 and 32 in Cocke County and following along portions of State Routes 32 and 1 to a junction with State Route 33 in Claiborne County; (27) Beginning on State Route 143 at the Tennessee-North Carolina state line in Carter County and following along all or portions of State Routes 143 and 37, county FAS route 723, State Routes 107, 36, 81 and 93 to Interstate 81 in Washington County; and (28) Beginning at the intersection of State Routes 36 and 81 in Erwin and following along portions of State Routes 36 and 81 to the Tennessee-North Carolina state line in Unicoi County. Acts 1982, ch. 865, § 3.
(a) There is established a system of roads to be known as the Tennessee parkway system as designated in subsection (c).
(b) Roads designated as part of the Tennessee parkway system shall retain their existing system designation.
(c) The initial designation of the system is as follows: (1) Beginning at the junction of State Route 73 and Interstate 40 in Loudon County and following along portions of State Routes 73, 33, 71 and 32 to Interstate 40 in Cocke County; (2) Beginning at the intersection of State Routes 73 and 115 in Maryville and following along portions or all of State Routes 115 and 168 to State Route 9 in Knoxville; (3) Beginning at the intersection of State Routes 71 and 73 near Pigeon Forge and following along portions of State Routes 71 and 66 to Interstate 40 in Sevier County; (4) Beginning at the junction of State Route 57 and Interstate 240 in Memphis and following along portions of State Routes 57, 18, 15, 100, 22A, 22, 69, 142 and 128 to Interstate 65 in Giles County; (5) Beginning at the intersection of State Routes 100 and 22A in Chester County and following along portions of State Routes 22A and 22 to State Route 20 in Lexington; (6) Beginning at the intersection of State Routes 15 and 6 in Lawrenceburg and following along a portion of State Route 6 to the intersection of State Route 20; (7) Beginning at the junction of State Route 78 and Interstate 155 in Dyer County and following along portions of State Routes 78, 20, 104, 5 business, 77, 43, 1, 13, 48, 6, and 99 to Interstate 65 in Maury County; (8) Beginning at the junction of FAP route 2 and Interstate 40 in Shelby County and following along portions of FAP route 2, State Routes 3, 3 bypass, 78, 21, 22, 5, 54, 69, 76, 12, 112A, 11, 49 and 25 to Interstate 65 in Robertson County; (9) Beginning at the intersection of State Routes 20 and 69 in Decatur County and following along portions of State Routes 69 and 69 bypass to the intersection of State Route 76 in Henry County; (10) Beginning at the intersection of State Routes 6 and 99 in Maury County and following along portions of State Routes 6, 1 and 12 to the intersection of State Route 112A in Montgomery County; (11) Beginning at the junction of State Route 99 and Interstate 65 in Maury County and following along all or portions of State Routes 99, 11, 64, 10, 82, 55, 50, 15, 2, 56, 150, 27, and 8 to the intersection of State Route 27 in Spur in Hamilton County; (12) Beginning at the junction of State Route 27 and Interstate 24 in Marion County and following along portions of State Routes 27 and 2 to Interstate 24 in Hamilton County; (13) Beginning at the junction of State Route 25 and Interstate 65 in Robertson County and following along portions of State Routes 25, 10, 52, 42, 28, 29 and 63 to Interstate 75 in Campbell County; (14) Beginning on State Route 10 at the Tennessee-Alabama state line in Lincoln County and following along portions of State Routes 10 and 1 to the intersection of State Route 25 in Trousdale County; (15) Beginning at the intersection of State Routes 10 and 96 in Rutherford County and following along portions of State Routes 96, 26, 1 and 61 to Interstate 40 in Roane County; (16) Beginning at the intersection of State Routes 27 and 28 in Marion County and following along portions of State Routes 28, 108 and 56 to Interstate 40 in Putnam County; (17) Beginning at the junction of State Route 56 and Interstate 40 in Putnam County and following along portions of State Routes 56 and 53 to the intersection of State Route 52 in Clay County; (18) Beginning at the intersection of State Routes 56 and 1 bypass in Warren County and following along portions of State Routes 1 bypass, 1, 30, and 101, county FAS route 601, portions of State Routes 28, 68, 29, and 33 to the intersection of State Route 73 in Blount County; (19) Beginning at the junction of State Route 40 bypass and Interstate 75 in Bradley County and following along all or portions of State Routes 40 bypass, 40 and 68 to the intersection of State Route 33 in Monroe County; (20) Beginning at the intersection of State Routes 68 and 165 in Monroe County and following along State Route 165 to the Tennessee-North Carolina state line; (21) Beginning at the junction of State Route 58 and Interstate 40 in Roane County and following along all or portions of State Routes 58, 95, 62 and 162 to Interstate 40 in Knox County; (22) Beginning at the intersection of State Route 62 and FAP 16 in Anderson County and following along all or portions of FAP 16 (Edgemore Road), State Routes 9 and 61 to Interstate 75 northeast of Clinton in Anderson County; (23) Beginning at the interchange of State Route 71 and Interstate 75 in Anderson County and following along portions of State Routes 71, 33 and 32 to the Tennessee-Virginia state line; (24) Beginning at the junction of State Route 32 and Interstate 40 in Cocke County and following along portions of State Routes 32, 9, 35, 34, 91, 37 and 1 to a junction with Interstate 81 in Sullivan County; (25) Beginning at the intersection of State Routes 67 and 34 in Johnson County and following along a portion of State Routes 34 and 1 to Interstate 81 in Sullivan County; (26) Beginning at the intersection of State Routes 9 and 32 in Cocke County and following along portions of State Routes 32 and 1 to a junction with State Route 33 in Claiborne County; (27) Beginning on State Route 143 at the Tennessee-North Carolina state line in Carter County and following along all or portions of State Routes 143 and 37, county FAS route 723, State Routes 107, 36, 81 and 93 to Interstate 81 in Washington County; and (28) Beginning at the intersection of State Routes 36 and 81 in Erwin and following along portions of State Routes 36 and 81 to the Tennessee-North Carolina state line in Unicoi County.
(1) Beginning at the junction of State Route 73 and Interstate 40 in Loudon County and following along portions of State Routes 73, 33, 71 and 32 to Interstate 40 in Cocke County;
(2) Beginning at the intersection of State Routes 73 and 115 in Maryville and following along portions or all of State Routes 115 and 168 to State Route 9 in Knoxville;
(3) Beginning at the intersection of State Routes 71 and 73 near Pigeon Forge and following along portions of State Routes 71 and 66 to Interstate 40 in Sevier County;
(4) Beginning at the junction of State Route 57 and Interstate 240 in Memphis and following along portions of State Routes 57, 18, 15, 100, 22A, 22, 69, 142 and 128 to Interstate 65 in Giles County;
(5) Beginning at the intersection of State Routes 100 and 22A in Chester County and following along portions of State Routes 22A and 22 to State Route 20 in Lexington;
(6) Beginning at the intersection of State Routes 15 and 6 in Lawrenceburg and following along a portion of State Route 6 to the intersection of State Route 20;
(7) Beginning at the junction of State Route 78 and Interstate 155 in Dyer County and following along portions of State Routes 78, 20, 104, 5 business, 77, 43, 1, 13, 48, 6, and 99 to Interstate 65 in Maury County;
(8) Beginning at the junction of FAP route 2 and Interstate 40 in Shelby County and following along portions of FAP route 2, State Routes 3, 3 bypass, 78, 21, 22, 5, 54, 69, 76, 12, 112A, 11, 49 and 25 to Interstate 65 in Robertson County;
(9) Beginning at the intersection of State Routes 20 and 69 in Decatur County and following along portions of State Routes 69 and 69 bypass to the intersection of State Route 76 in Henry County;
(10) Beginning at the intersection of State Routes 6 and 99 in Maury County and following along portions of State Routes 6, 1 and 12 to the intersection of State Route 112A in Montgomery County;
(11) Beginning at the junction of State Route 99 and Interstate 65 in Maury County and following along all or portions of State Routes 99, 11, 64, 10, 82, 55, 50, 15, 2, 56, 150, 27, and 8 to the intersection of State Route 27 in Spur in Hamilton County;
(12) Beginning at the junction of State Route 27 and Interstate 24 in Marion County and following along portions of State Routes 27 and 2 to Interstate 24 in Hamilton County;
(13) Beginning at the junction of State Route 25 and Interstate 65 in Robertson County and following along portions of State Routes 25, 10, 52, 42, 28, 29 and 63 to Interstate 75 in Campbell County;
(14) Beginning on State Route 10 at the Tennessee-Alabama state line in Lincoln County and following along portions of State Routes 10 and 1 to the intersection of State Route 25 in Trousdale County;
(15) Beginning at the intersection of State Routes 10 and 96 in Rutherford County and following along portions of State Routes 96, 26, 1 and 61 to Interstate 40 in Roane County;
(16) Beginning at the intersection of State Routes 27 and 28 in Marion County and following along portions of State Routes 28, 108 and 56 to Interstate 40 in Putnam County;
(17) Beginning at the junction of State Route 56 and Interstate 40 in Putnam County and following along portions of State Routes 56 and 53 to the intersection of State Route 52 in Clay County;
(18) Beginning at the intersection of State Routes 56 and 1 bypass in Warren County and following along portions of State Routes 1 bypass, 1, 30, and 101, county FAS route 601, portions of State Routes 28, 68, 29, and 33 to the intersection of State Route 73 in Blount County;
(19) Beginning at the junction of State Route 40 bypass and Interstate 75 in Bradley County and following along all or portions of State Routes 40 bypass, 40 and 68 to the intersection of State Route 33 in Monroe County;
(20) Beginning at the intersection of State Routes 68 and 165 in Monroe County and following along State Route 165 to the Tennessee-North Carolina state line;
(21) Beginning at the junction of State Route 58 and Interstate 40 in Roane County and following along all or portions of State Routes 58, 95, 62 and 162 to Interstate 40 in Knox County;
(22) Beginning at the intersection of State Route 62 and FAP 16 in Anderson County and following along all or portions of FAP 16 (Edgemore Road), State Routes 9 and 61 to Interstate 75 northeast of Clinton in Anderson County;
(23) Beginning at the interchange of State Route 71 and Interstate 75 in Anderson County and following along portions of State Routes 71, 33 and 32 to the Tennessee-Virginia state line;
(24) Beginning at the junction of State Route 32 and Interstate 40 in Cocke County and following along portions of State Routes 32, 9, 35, 34, 91, 37 and 1 to a junction with Interstate 81 in Sullivan County;
(25) Beginning at the intersection of State Routes 67 and 34 in Johnson County and following along a portion of State Routes 34 and 1 to Interstate 81 in Sullivan County;
(26) Beginning at the intersection of State Routes 9 and 32 in Cocke County and following along portions of State Routes 32 and 1 to a junction with State Route 33 in Claiborne County;
(27) Beginning on State Route 143 at the Tennessee-North Carolina state line in Carter County and following along all or portions of State Routes 143 and 37, county FAS route 723, State Routes 107, 36, 81 and 93 to Interstate 81 in Washington County; and
(28) Beginning at the intersection of State Routes 36 and 81 in Erwin and following along portions of State Routes 36 and 81 to the Tennessee-North Carolina state line in Unicoi County.
Acts 1982, ch. 865, § 3.
Tenn. Code Ann. § 54-9-131 — TN Code / Title 54 / Chapter 9 / Section 54-9-131
Engineers - Employment - Duties
Status: in_force

(a) The commissioners shall employ a competent engineer, and, if need be, assistant engineers. (b) The engineers shall be employed to lay out the work on the roads provided for, making estimates on the roads and work done by the contractors building the roads. Acts 1913 (1st E.S.), ch. 26, § 11; Shan., § 1695a33; Code 1932, § 2994; T.C.A. (orig. ed.), § 54-833.
(a) The commissioners shall employ a competent engineer, and, if need be, assistant engineers.
(b) The engineers shall be employed to lay out the work on the roads provided for, making estimates on the roads and work done by the contractors building the roads.
Acts 1913 (1st E.S.), ch. 26, § 11; Shan., § 1695a33; Code 1932, § 2994; T.C.A. (orig. ed.), § 54-833.
Tenn. Code Ann. § 54-20-124 — TN Code / Title 54 / Chapter 20 / Section 54-20-124
Violations - Penalty
Status: in_force

(a) Any person who establishes, operates or maintains a junkyard, or who fails to obtain a permit, contrary to this part commits a Class C misdemeanor. (b) Each day's subsequent violation constitutes a separate offense. Acts 1981, ch. 432, § 11; 1988, ch. 746, § 2; 1989, ch. 591, § 113.
(a) Any person who establishes, operates or maintains a junkyard, or who fails to obtain a permit, contrary to this part commits a Class C misdemeanor.
(b) Each day's subsequent violation constitutes a separate offense.
Acts 1981, ch. 432, § 11; 1988, ch. 746, § 2; 1989, ch. 591, § 113.
Tenn. Code Ann. § 54-7-104 — TN Code / Title 54 / Chapter 7 / Section 54-7-104
Tennessee highway officials certification board
Status: in_force

(a) There is created and established the Tennessee highway officials certification board, referred to as the "board," which shall be composed of five (5) members as follows: (1) One (1) member appointed by the secretary of state; (2) One (1) member appointed by the director of the Tennessee Chapter of the American Public Works Association; (3) One (1) member appointed by the governor from a list of nominees submitted by the representative professional engineering society of the state; (4) One (1) member appointed by the comptroller of the treasury; and (5) One (1) member appointed by the executive director of the Tennessee County Services Association. (b) The board has and shall exercise the power to review the qualifications of all candidates for both elected and appointed positions as chief administrative officer of the highway department. Candidates for this office in counties where the position is filled by popular election shall file affidavits and other evidence the board requires with the board not later than fourteen (14) days prior to the qualifying deadline for candidates in the election. After review of the applicable qualifications and standards, the board shall certify to the coordinator of elections that a candidate's qualifications are acceptable prior to the candidate's name being placed on the ballot. The coordinator of elections shall forward the certification to the appropriate county election commission. A certificate of qualification from the board shall be filed with the candidate's qualifying petition prior to the qualifying deadline. Notwithstanding any law to the contrary, votes for write-in candidates, whether in a primary or general election, shall only be counted for an individual who has been certified by the board prior to the date of the election. Persons wishing to receive a party nomination or to be elected by write-in ballot must file with the board affidavits and other evidence the board requires not later than sixty-four (64) days prior to the election. Candidates for chief administrative officer of the highway department in counties where the position is appointed shall, prior to their appointment to the office, file with the board evidence satisfactorily demonstrating that they meet the qualifications to hold the office. However, in any county, pursuant to subsection (h), that has established by private act more stringent qualifications and standards than those set forth in subsection (g), and that has an appointed chief administrative officer, candidates shall submit evidence of their qualifications to the local appointing authority and shall not be required to submit evidence of their qualifications to the board. (c) Members of the board shall serve for a term of four (4) years beginning with the term commencing on July 1, 2013. The appointee representing the secretary of state shall serve as chair of the board. Upon the death, resignation, or removal of any appointive member, a replacement shall be appointed by the party representing the same area of interest as the member whose position has been vacated to fill the unexpired term of the member. (d) No chief administrative officer of a highway department shall be appointed to the board if that person may become subject to reelection or reappointment as a chief administrative officer during that person's term of service on the board. (e) The board shall only meet as is necessary to fulfill its duties. All materials or correspondence submitted to the board shall be received through the office of the coordinator of elections, who shall forward the materials or correspondence to the board. The board shall keep complete and accurate records of the proceedings of all its meetings. A copy of records of all proceedings shall be kept on file in the office of the coordinator of elections and open to public inspection. (f) Subject to the approval of the secretary of state, the board may promulgate rules to be followed by persons wishing to submit themselves for certification as qualified to seek the office of the chief administrative officer of the highway department. The board shall submit any promulgated rules pertaining to the qualifications for the office of chief administrative officer to the administrator of elections of each affected county election commission. The county election commission shall publish such rules in a local newspaper with general circulation in the county at least sixty (60) days before the qualifying deadline for either the primary or general election, or appointment by the legislative body of the county. (g) In each county, in order to qualify for the office of the chief administrative officer of the highway department, a person shall: (1) Be a qualified voter of the county and a resident of the county for one (1) year prior to the qualifying or appointment deadline, as appropriate; (2) (A) Be a graduate of an accredited school of engineering, with at least two (2) years of experience in highway construction or maintenance; (B) Be licensed to practice engineering in Tennessee; or (C) Have had at least four (4) years' experience in a supervisory capacity in highway construction or maintenance; or a combination of education and experience equivalent to subdivision (g)(1) or (g)(2), as evidenced by affidavits filed with the board. (h) In no event shall the chief administrative officer have less than a high school education or a high school equivalency credential approved by the state board of education. A county may, by private act, require more stringent qualifications and standards than those set forth in subsection (g) for persons to qualify for the office of the chief administrative officer of such highway department. Any county that establishes more stringent qualifications and standards by private act shall send a copy of such private act to the board. (i) Incumbent chief administrative officers in office on December 31, 2012, who have met the qualifications for the office of chief administrative officer applicable to them in effect at the time of their last election shall be able to succeed themselves in office without meeting the qualifications set forth in this section for as long as such incumbents continuously hold office. If such incumbent leaves office for any reason and then subsequently is elected or appointed to the office of chief administrative officer, such incumbent shall then be subject to the qualifications set forth in this section. (j) Satisfactory evidence of graduation from an accredited school of engineering shall be in the form of a diploma, transcript or other official documentation. Evidence of a candidate's engineering licensure shall only be deemed to be satisfied if the candidate can provide the board with a copy of the candidate's engineering license, including the candidate's license number. Any provision in this section requiring a chief administrative officer to have a high school diploma or high school equivalency credential approved by the state board of education is only deemed to be satisfied if the candidate can demonstrate that the candidate has obtained a high school diploma or high school equivalency credential as recognized by the state board of education by providing the board with the candidate's diploma, high school equivalency credential, or other official documentation. (k) A person may challenge whether a candidate has the required qualifications for chief administrative officer of the highway department, as identified in subsection (g); provided, that the challenge is filed in writing with the Tennessee highway officials certification board no later than twelve o'clock (12:00) noon, prevailing time, on the third day after the qualifying deadline, as determined under § 2-5-101(a) in counties where the position is filled by popular election. In counties where the position is appointed, the challenge must be filed by a deadline established by the local appointing authority. (l) If a candidate's qualifications are challenged pursuant to subsection (k), the Tennessee highway officials certification board shall: (1) Notify the candidate of the challenge; (2) Review and verify the candidate's required qualifications, identified in subsection (g); (3) Review and verify the candidate's required qualifications and standards under a county's private act, if applicable, pursuant to subsection (h); and (4) If the Tennessee highway officials certification board determines the candidate does not possess the required qualifications for chief administrative officer of the highway department: (A) Disqualify the candidate; (B) (i) In counties where the position is filled by popular election, notify the candidate and county election commission of its determination no later than twelve o'clock (12:00) noon, prevailing time, on the seventh day after the qualifying deadline, as determined under § 2-5-101(a) ; or (ii) In counties where the position is appointed, notify the candidate and local appointing authority of its determination prior to the appointment to office; and (C) Request that the county election commission: (i) Not print the candidate's name on any ballot; and (ii) Remove the candidate's name from any printed ballot. Amended by 2023 Tenn. Acts, ch. 114,s 38, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 114,s 37, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 809, s 6, eff. 9/1/2022. Amended by 2016 Tenn. Acts, ch. 604, s 1, eff. 7/1/2016. Acts 1974, ch. 738, § 3; 1976, ch. 583, § 1; 1976, ch. 728, § 1; 1977, ch. 193, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1979, ch. 127, § 1; T.C.A., § 54-1004; Acts 1982, ch. 550, § 1; 1982, ch. 636, § 1; 1982, ch. 687, §§ 1, 2; 1983, ch. 39, § 1; 1983, ch. 113, § 1; 1983, ch. 360, § 1; 1986, ch. 695, § 1; 1987, ch. 61, § 1; 1987, ch. 340, § 1; 1989, ch. 77, §§ 1, 2; 1990, ch. 811, § 1; 1990, ch. 1015, §§ 1, 2; 1991, ch. 416, § 1; 1991, ch. 494, § 1; 1992, ch. 705, § 1; 1992, ch. 741, § 1; 1995, ch. 138, §§ 1, 2; 1997 , ch. 205, §§ 1 - 7; 1998, ch. 653, § 1; 1999, ch. 67, § 1; 2001, ch. 193, §§ 1 - 3; 2012 , ch. 689, § 2.
(a) There is created and established the Tennessee highway officials certification board, referred to as the "board," which shall be composed of five (5) members as follows: (1) One (1) member appointed by the secretary of state; (2) One (1) member appointed by the director of the Tennessee Chapter of the American Public Works Association; (3) One (1) member appointed by the governor from a list of nominees submitted by the representative professional engineering society of the state; (4) One (1) member appointed by the comptroller of the treasury; and (5) One (1) member appointed by the executive director of the Tennessee County Services Association.
(1) One (1) member appointed by the secretary of state;
(2) One (1) member appointed by the director of the Tennessee Chapter of the American Public Works Association;
(3) One (1) member appointed by the governor from a list of nominees submitted by the representative professional engineering society of the state;
(4) One (1) member appointed by the comptroller of the treasury; and
(5) One (1) member appointed by the executive director of the Tennessee County Services Association.
(b) The board has and shall exercise the power to review the qualifications of all candidates for both elected and appointed positions as chief administrative officer of the highway department. Candidates for this office in counties where the position is filled by popular election shall file affidavits and other evidence the board requires with the board not later than fourteen (14) days prior to the qualifying deadline for candidates in the election. After review of the applicable qualifications and standards, the board shall certify to the coordinator of elections that a candidate's qualifications are acceptable prior to the candidate's name being placed on the ballot. The coordinator of elections shall forward the certification to the appropriate county election commission. A certificate of qualification from the board shall be filed with the candidate's qualifying petition prior to the qualifying deadline. Notwithstanding any law to the contrary, votes for write-in candidates, whether in a primary or general election, shall only be counted for an individual who has been certified by the board prior to the date of the election. Persons wishing to receive a party nomination or to be elected by write-in ballot must file with the board affidavits and other evidence the board requires not later than sixty-four (64) days prior to the election. Candidates for chief administrative officer of the highway department in counties where the position is appointed shall, prior to their appointment to the office, file with the board evidence satisfactorily demonstrating that they meet the qualifications to hold the office. However, in any county, pursuant to subsection (h), that has established by private act more stringent qualifications and standards than those set forth in subsection (g), and that has an appointed chief administrative officer, candidates shall submit evidence of their qualifications to the local appointing authority and shall not be required to submit evidence of their qualifications to the board.
(c) Members of the board shall serve for a term of four (4) years beginning with the term commencing on July 1, 2013. The appointee representing the secretary of state shall serve as chair of the board. Upon the death, resignation, or removal of any appointive member, a replacement shall be appointed by the party representing the same area of interest as the member whose position has been vacated to fill the unexpired term of the member.
(d) No chief administrative officer of a highway department shall be appointed to the board if that person may become subject to reelection or reappointment as a chief administrative officer during that person's term of service on the board.
(e) The board shall only meet as is necessary to fulfill its duties. All materials or correspondence submitted to the board shall be received through the office of the coordinator of elections, who shall forward the materials or correspondence to the board. The board shall keep complete and accurate records of the proceedings of all its meetings. A copy of records of all proceedings shall be kept on file in the office of the coordinator of elections and open to public inspection.
(f) Subject to the approval of the secretary of state, the board may promulgate rules to be followed by persons wishing to submit themselves for certification as qualified to seek the office of the chief administrative officer of the highway department. The board shall submit any promulgated rules pertaining to the qualifications for the office of chief administrative officer to the administrator of elections of each affected county election commission. The county election commission shall publish such rules in a local newspaper with general circulation in the county at least sixty (60) days before the qualifying deadline for either the primary or general election, or appointment by the legislative body of the county.
(g) In each county, in order to qualify for the office of the chief administrative officer of the highway department, a person shall: (1) Be a qualified voter of the county and a resident of the county for one (1) year prior to the qualifying or appointment deadline, as appropriate; (2) (A) Be a graduate of an accredited school of engineering, with at least two (2) years of experience in highway construction or maintenance; (B) Be licensed to practice engineering in Tennessee; or (C) Have had at least four (4) years' experience in a supervisory capacity in highway construction or maintenance; or a combination of education and experience equivalent to subdivision (g)(1) or (g)(2), as evidenced by affidavits filed with the board.
(1) Be a qualified voter of the county and a resident of the county for one (1) year prior to the qualifying or appointment deadline, as appropriate;
(2) (A) Be a graduate of an accredited school of engineering, with at least two (2) years of experience in highway construction or maintenance; (B) Be licensed to practice engineering in Tennessee; or (C) Have had at least four (4) years' experience in a supervisory capacity in highway construction or maintenance; or a combination of education and experience equivalent to subdivision (g)(1) or (g)(2), as evidenced by affidavits filed with the board.
(A) Be a graduate of an accredited school of engineering, with at least two (2) years of experience in highway construction or maintenance;
(B) Be licensed to practice engineering in Tennessee; or
(C) Have had at least four (4) years' experience in a supervisory capacity in highway construction or maintenance; or a combination of education and experience equivalent to subdivision (g)(1) or (g)(2), as evidenced by affidavits filed with the board.
(h) In no event shall the chief administrative officer have less than a high school education or a high school equivalency credential approved by the state board of education. A county may, by private act, require more stringent qualifications and standards than those set forth in subsection (g) for persons to qualify for the office of the chief administrative officer of such highway department. Any county that establishes more stringent qualifications and standards by private act shall send a copy of such private act to the board.
(i) Incumbent chief administrative officers in office on December 31, 2012, who have met the qualifications for the office of chief administrative officer applicable to them in effect at the time of their last election shall be able to succeed themselves in office without meeting the qualifications set forth in this section for as long as such incumbents continuously hold office. If such incumbent leaves office for any reason and then subsequently is elected or appointed to the office of chief administrative officer, such incumbent shall then be subject to the qualifications set forth in this section.
(j) Satisfactory evidence of graduation from an accredited school of engineering shall be in the form of a diploma, transcript or other official documentation. Evidence of a candidate's engineering licensure shall only be deemed to be satisfied if the candidate can provide the board with a copy of the candidate's engineering license, including the candidate's license number. Any provision in this section requiring a chief administrative officer to have a high school diploma or high school equivalency credential approved by the state board of education is only deemed to be satisfied if the candidate can demonstrate that the candidate has obtained a high school diploma or high school equivalency credential as recognized by the state board of education by providing the board with the candidate's diploma, high school equivalency credential, or other official documentation.
(k) A person may challenge whether a candidate has the required qualifications for chief administrative officer of the highway department, as identified in subsection (g); provided, that the challenge is filed in writing with the Tennessee highway officials certification board no later than twelve o'clock (12:00) noon, prevailing time, on the third day after the qualifying deadline, as determined under § 2-5-101(a) in counties where the position is filled by popular election. In counties where the position is appointed, the challenge must be filed by a deadline established by the local appointing authority.
(l) If a candidate's qualifications are challenged pursuant to subsection (k), the Tennessee highway officials certification board shall: (1) Notify the candidate of the challenge; (2) Review and verify the candidate's required qualifications, identified in subsection (g); (3) Review and verify the candidate's required qualifications and standards under a county's private act, if applicable, pursuant to subsection (h); and (4) If the Tennessee highway officials certification board determines the candidate does not possess the required qualifications for chief administrative officer of the highway department: (A) Disqualify the candidate; (B) (i) In counties where the position is filled by popular election, notify the candidate and county election commission of its determination no later than twelve o'clock (12:00) noon, prevailing time, on the seventh day after the qualifying deadline, as determined under § 2-5-101(a) ; or (ii) In counties where the position is appointed, notify the candidate and local appointing authority of its determination prior to the appointment to office; and (C) Request that the county election commission: (i) Not print the candidate's name on any ballot; and (ii) Remove the candidate's name from any printed ballot.
(1) Notify the candidate of the challenge;
(2) Review and verify the candidate's required qualifications, identified in subsection (g);
(3) Review and verify the candidate's required qualifications and standards under a county's private act, if applicable, pursuant to subsection (h); and
(4) If the Tennessee highway officials certification board determines the candidate does not possess the required qualifications for chief administrative officer of the highway department: (A) Disqualify the candidate; (B) (i) In counties where the position is filled by popular election, notify the candidate and county election commission of its determination no later than twelve o'clock (12:00) noon, prevailing time, on the seventh day after the qualifying deadline, as determined under § 2-5-101(a) ; or (ii) In counties where the position is appointed, notify the candidate and local appointing authority of its determination prior to the appointment to office; and (C) Request that the county election commission: (i) Not print the candidate's name on any ballot; and (ii) Remove the candidate's name from any printed ballot.
(A) Disqualify the candidate;
(B) (i) In counties where the position is filled by popular election, notify the candidate and county election commission of its determination no later than twelve o'clock (12:00) noon, prevailing time, on the seventh day after the qualifying deadline, as determined under § 2-5-101(a) ; or (ii) In counties where the position is appointed, notify the candidate and local appointing authority of its determination prior to the appointment to office; and
(i) In counties where the position is filled by popular election, notify the candidate and county election commission of its determination no later than twelve o'clock (12:00) noon, prevailing time, on the seventh day after the qualifying deadline, as determined under § 2-5-101(a) ; or
(ii) In counties where the position is appointed, notify the candidate and local appointing authority of its determination prior to the appointment to office; and
(C) Request that the county election commission: (i) Not print the candidate's name on any ballot; and (ii) Remove the candidate's name from any printed ballot.
(i) Not print the candidate's name on any ballot; and
(ii) Remove the candidate's name from any printed ballot.
Amended by 2023 Tenn. Acts, ch. 114,s 38, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 114,s 37, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 809, s 6, eff. 9/1/2022.
Amended by 2016 Tenn. Acts, ch. 604, s 1, eff. 7/1/2016.
Acts 1974, ch. 738, § 3; 1976, ch. 583, § 1; 1976, ch. 728, § 1; 1977, ch. 193, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1979, ch. 127, § 1; T.C.A., § 54-1004; Acts 1982, ch. 550, § 1; 1982, ch. 636, § 1; 1982, ch. 687, §§ 1, 2; 1983, ch. 39, § 1; 1983, ch. 113, § 1; 1983, ch. 360, § 1; 1986, ch. 695, § 1; 1987, ch. 61, § 1; 1987, ch. 340, § 1; 1989, ch. 77, §§ 1, 2; 1990, ch. 811, § 1; 1990, ch. 1015, §§ 1, 2; 1991, ch. 416, § 1; 1991, ch. 494, § 1; 1992, ch. 705, § 1; 1992, ch. 741, § 1; 1995, ch. 138, §§ 1, 2; 1997 , ch. 205, §§ 1 - 7; 1998, ch. 653, § 1; 1999, ch. 67, § 1; 2001, ch. 193, §§ 1 - 3; 2012 , ch. 689, § 2.
Tenn. Code Ann. § 54-18-206 — TN Code / Title 54 / Chapter 18 / Section 54-18-206
Adoption and amendment of official map
Status: in_force

(a) After the public hearing, the legislative body may adopt, by resolution or ordinance, the map as certified by the planning commission as the official map. (b) Any proposed addition, change or modification of the certified map that is not in accordance with the major highway plan shall be submitted to the planning commission for its approval before any decision by the legislative body on the addition, change or modification. (c) The planning commission shall have thirty (30) days after the submission within which to send its report to the legislative body. (d) In the event of the commission's disapproval, the addition, change or modification shall require the favorable vote of a majority of the entire membership of the legislative body. (e) Amendments of the official map shall be made in the manner required for original adoption. Acts 1965, ch. 251, § 6; T.C.A., §§ 54-2206, 54-19-106.
(a) After the public hearing, the legislative body may adopt, by resolution or ordinance, the map as certified by the planning commission as the official map.
(b) Any proposed addition, change or modification of the certified map that is not in accordance with the major highway plan shall be submitted to the planning commission for its approval before any decision by the legislative body on the addition, change or modification.
(c) The planning commission shall have thirty (30) days after the submission within which to send its report to the legislative body.
(d) In the event of the commission's disapproval, the addition, change or modification shall require the favorable vote of a majority of the entire membership of the legislative body.
(e) Amendments of the official map shall be made in the manner required for original adoption.
Acts 1965, ch. 251, § 6; T.C.A., §§ 54-2206, 54-19-106.
Tenn. Code Ann. § 54-9-121 — TN Code / Title 54 / Chapter 9 / Section 54-9-121
Removal of commissioners
Status: in_force

The road commissioners shall be subject to removal for cause by the judge of the circuit court or chancellor of the county, due notice having been given of the charges preferred. Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a22; Code 1932, § 2984; T.C.A. (orig. ed.), § 54-823.
The road commissioners shall be subject to removal for cause by the judge of the circuit court or chancellor of the county, due notice having been given of the charges preferred.
Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a22; Code 1932, § 2984; T.C.A. (orig. ed.), § 54-823.
Tenn. Code Ann. § 54-1-128 — TN Code / Title 54 / Chapter 1 / Section 54-1-128
Borrow excavations - Exemption of certain road work construction from local and regional zoning and planning regulations
Status: in_force

(a) For purposes of this section, "borrow material" or "borrow excavation" is as defined in the Tennessee department of transportation, bureau of highways, standard specifications for road and bridge construction, March 1981, as amended. (b) (1) No local or regional zoning and planning regulations regarding the area from which borrow material is obtained shall apply to road work construction projects for construction work performed under a contract entered into with the state; provided, that the borrow pit from which the material is obtained: (A) Is temporary, and the use of the pit does not exceed the completion date of the state project; (B) Meets all storm water runoff requirements; (C) Meets the requirements of the federal Clean Water Act and the federal Water Pollution Control Act ( 33 U.S.C. § 1251 , et seq.); (D) Has a reclamation plan approved by the municipality or county in which the project is located; provided, that if a proposed reclamation plan is not approved within thirty (30) days after it is filed with the appropriate county or municipal officer by the operator of the borrow excavation, then the operator may begin work pending plan approval; (E) Is not located on a street or road currently operating below level of service "C," or is located on a street or road that would be reduced below level of service "C" by traffic generated by the borrow site operation; and (F) In all other ways meets the requirements of the state contract governing the section of road where the borrow material is to be used. (2) The borrow material shall not be used for any other purpose. (c) Local governments may require surety that affected streets and roads will be restored to their original condition. (d) Reclamation of the borrow pit shall be completed before final acceptance of the project. Acts 1993, ch. 79, § 1; 1994, ch. 714, § 1.
(a) For purposes of this section, "borrow material" or "borrow excavation" is as defined in the Tennessee department of transportation, bureau of highways, standard specifications for road and bridge construction, March 1981, as amended.
(b) (1) No local or regional zoning and planning regulations regarding the area from which borrow material is obtained shall apply to road work construction projects for construction work performed under a contract entered into with the state; provided, that the borrow pit from which the material is obtained: (A) Is temporary, and the use of the pit does not exceed the completion date of the state project; (B) Meets all storm water runoff requirements; (C) Meets the requirements of the federal Clean Water Act and the federal Water Pollution Control Act ( 33 U.S.C. § 1251 , et seq.); (D) Has a reclamation plan approved by the municipality or county in which the project is located; provided, that if a proposed reclamation plan is not approved within thirty (30) days after it is filed with the appropriate county or municipal officer by the operator of the borrow excavation, then the operator may begin work pending plan approval; (E) Is not located on a street or road currently operating below level of service "C," or is located on a street or road that would be reduced below level of service "C" by traffic generated by the borrow site operation; and (F) In all other ways meets the requirements of the state contract governing the section of road where the borrow material is to be used. (2) The borrow material shall not be used for any other purpose.
(1) No local or regional zoning and planning regulations regarding the area from which borrow material is obtained shall apply to road work construction projects for construction work performed under a contract entered into with the state; provided, that the borrow pit from which the material is obtained: (A) Is temporary, and the use of the pit does not exceed the completion date of the state project; (B) Meets all storm water runoff requirements; (C) Meets the requirements of the federal Clean Water Act and the federal Water Pollution Control Act ( 33 U.S.C. § 1251 , et seq.); (D) Has a reclamation plan approved by the municipality or county in which the project is located; provided, that if a proposed reclamation plan is not approved within thirty (30) days after it is filed with the appropriate county or municipal officer by the operator of the borrow excavation, then the operator may begin work pending plan approval; (E) Is not located on a street or road currently operating below level of service "C," or is located on a street or road that would be reduced below level of service "C" by traffic generated by the borrow site operation; and (F) In all other ways meets the requirements of the state contract governing the section of road where the borrow material is to be used.
(A) Is temporary, and the use of the pit does not exceed the completion date of the state project;
(B) Meets all storm water runoff requirements;
(C) Meets the requirements of the federal Clean Water Act and the federal Water Pollution Control Act ( 33 U.S.C. § 1251 , et seq.);
(D) Has a reclamation plan approved by the municipality or county in which the project is located; provided, that if a proposed reclamation plan is not approved within thirty (30) days after it is filed with the appropriate county or municipal officer by the operator of the borrow excavation, then the operator may begin work pending plan approval;
(E) Is not located on a street or road currently operating below level of service "C," or is located on a street or road that would be reduced below level of service "C" by traffic generated by the borrow site operation; and
(F) In all other ways meets the requirements of the state contract governing the section of road where the borrow material is to be used.
(2) The borrow material shall not be used for any other purpose.
(c) Local governments may require surety that affected streets and roads will be restored to their original condition.
(d) Reclamation of the borrow pit shall be completed before final acceptance of the project.
Acts 1993, ch. 79, § 1; 1994, ch. 714, § 1.
Tenn. Code Ann. § 54-14-104 — TN Code / Title 54 / Chapter 14 / Section 54-14-104
Jury of view ordered summoned to inquire of and assess damages
Status: in_force

(a) If pro confesso is taken against the defendants or if, upon answer filed by any of the defendants, or upon a trial upon the merits by the court, no sufficient cause is shown to the court why the easement or right-of-way should not be granted to petitioners, the court shall issue a writ of inquiry of damages to the sheriff, commanding the sheriff to summon a jury to inquire of and assess the damages. (b) By consent of the parties, or unless defense is made by the defendants within the time required in chancery cases, the writ of inquiry may be issued by the clerk of the court to the sheriff to summon the jury of view. Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a3; Code 1932, § 2748; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1904.
(a) If pro confesso is taken against the defendants or if, upon answer filed by any of the defendants, or upon a trial upon the merits by the court, no sufficient cause is shown to the court why the easement or right-of-way should not be granted to petitioners, the court shall issue a writ of inquiry of damages to the sheriff, commanding the sheriff to summon a jury to inquire of and assess the damages.
(b) By consent of the parties, or unless defense is made by the defendants within the time required in chancery cases, the writ of inquiry may be issued by the clerk of the court to the sheriff to summon the jury of view.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a3; Code 1932, § 2748; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1904.
Tenn. Code Ann. § 54-7-108 — TN Code / Title 54 / Chapter 7 / Section 54-7-108
Oath of office - Bond required
Status: in_force

Before entering into the duties of the office, the chief administrative officer shall take an oath to support the constitutions of this state and of the United States, and an oath of office. The chief administrative officer shall execute an official bond in an amount of one hundred thousand dollars ($100,000) or such greater amount as the county legislative body by resolution may determine. The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19. Amended by 2023 Tenn. Acts, ch. 207, s 17, eff. 7/1/2023. Acts 1974, ch. 738, § 7; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 54-1008.
Before entering into the duties of the office, the chief administrative officer shall take an oath to support the constitutions of this state and of the United States, and an oath of office. The chief administrative officer shall execute an official bond in an amount of one hundred thousand dollars ($100,000) or such greater amount as the county legislative body by resolution may determine. The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19.
Amended by 2023 Tenn. Acts, ch. 207, s 17, eff. 7/1/2023.
Acts 1974, ch. 738, § 7; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 54-1008.
Tenn. Code Ann. § 54-12-319 — TN Code / Title 54 / Chapter 12 / Section 54-12-319
Special assessment for a special fund for maintenance - Basis
Status: in_force

(a) At any time after the main improvement or improvements in any road improvement district have been completed, it shall be made to appear to the monthly county court, by the petition of the board of directors of the district, supported by satisfactory proof, that a special fund is needed for the purpose of maintaining the improvement, or for the purpose of keeping the fund effective to give full efficiency to the original purpose for which the district was created, the court shall have the power to make a special assessment, and collect a special assessment for the purpose named; but the amount assessed and collected shall not be in any one (1) year an amount in excess of ten cents (10¢) per acre on all the lands within the district. (b) The assessment shall be based upon the apportionment of the benefits, as made by the commissioners. (c) The assessment shall be collected at the same time, and in the same manner, as is provided for the collection of assessments in road improvement districts. Acts 1919, ch. 193, § 120; Shan. Supp., § 1682a134; Code 1932, § 2949; modified; T.C.A. (orig. ed.), § 54-1519.
(a) At any time after the main improvement or improvements in any road improvement district have been completed, it shall be made to appear to the monthly county court, by the petition of the board of directors of the district, supported by satisfactory proof, that a special fund is needed for the purpose of maintaining the improvement, or for the purpose of keeping the fund effective to give full efficiency to the original purpose for which the district was created, the court shall have the power to make a special assessment, and collect a special assessment for the purpose named; but the amount assessed and collected shall not be in any one (1) year an amount in excess of ten cents (10¢) per acre on all the lands within the district.
(b) The assessment shall be based upon the apportionment of the benefits, as made by the commissioners.
(c) The assessment shall be collected at the same time, and in the same manner, as is provided for the collection of assessments in road improvement districts.
Acts 1919, ch. 193, § 120; Shan. Supp., § 1682a134; Code 1932, § 2949; modified; T.C.A. (orig. ed.), § 54-1519.
Tenn. Code Ann. § 54-5-1107 — TN Code / Title 54 / Chapter 5 / Section 54-5-1107
Outdoor advertising provisions unaffected
Status: in_force

This part shall not in any manner affect the authorization or regulation of outdoor advertising as set forth in this code. Acts 1988, ch. 696, § 9.
This part shall not in any manner affect the authorization or regulation of outdoor advertising as set forth in this code.
Acts 1988, ch. 696, § 9.
Tenn. Code Ann. § 54-12-219 — TN Code / Title 54 / Chapter 12 / Section 54-12-219
Bonds required of trustee and county clerk
Status: in_force

The trustee, before receiving the assessment book and proceeding to the collection of the assessments, and the county clerk, before receiving the funds from the trustee, shall, respectively, enter into a bond for double the amount that will come into their hands, respectively, payable to the state, and conditioned on the faithful paying over and accounting for the funds arising from the assessment. Acts 1919, ch. 193, § 59; Shan. Supp., § 1682a73; Code 1932, § 2887; modified; T.C.A. (orig. ed.), § 54-1419; impl. am. Acts 1978, ch. 934, §§ 22, 36.
The trustee, before receiving the assessment book and proceeding to the collection of the assessments, and the county clerk, before receiving the funds from the trustee, shall, respectively, enter into a bond for double the amount that will come into their hands, respectively, payable to the state, and conditioned on the faithful paying over and accounting for the funds arising from the assessment.
Acts 1919, ch. 193, § 59; Shan. Supp., § 1682a73; Code 1932, § 2887; modified; T.C.A. (orig. ed.), § 54-1419; impl. am. Acts 1978, ch. 934, §§ 22, 36.
Tenn. Code Ann. § 54-14-117 — TN Code / Title 54 / Chapter 14 / Section 54-14-117
Easement belongs to owners of lands benefited - Reversion when not used
Status: in_force

The easement or right-of-way shall belong to the owners of the lands benefited by the easement or right-of-way, and continue as long as the easement or right-of-way is used and maintained by them, their heirs or assigns, but upon the easement or right-of-way falling into nonuse or when the easement or right-of-way is not maintained or kept up, it shall cease and the original owner or owners of the servient land, their heirs or assigns may take possession of the easement or right-of-way to the exclusion of all other parties. Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a15; Code 1932, § 2761; T.C.A. (orig. ed.), § 54-1917.
The easement or right-of-way shall belong to the owners of the lands benefited by the easement or right-of-way, and continue as long as the easement or right-of-way is used and maintained by them, their heirs or assigns, but upon the easement or right-of-way falling into nonuse or when the easement or right-of-way is not maintained or kept up, it shall cease and the original owner or owners of the servient land, their heirs or assigns may take possession of the easement or right-of-way to the exclusion of all other parties.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a15; Code 1932, § 2761; T.C.A. (orig. ed.), § 54-1917.
Tenn. Code Ann. § 54-10-210 — TN Code / Title 54 / Chapter 10 / Section 54-10-210
Attorney for county upon appeal
Status: in_force

In case of an appeal, the district attorney general shall attend to the case for the county in the circuit court, and shall be paid the sum of five dollars ($5.00) for each case attended to, to accrue to the state, and the attorney general and reporter shall represent the county in the cases before the appellate courts. Acts 1891, ch. 1, § 14; Shan., § 1629; mod. Code 1932, § 2739; modified; T.C.A. (orig. ed.), § 54-914.
In case of an appeal, the district attorney general shall attend to the case for the county in the circuit court, and shall be paid the sum of five dollars ($5.00) for each case attended to, to accrue to the state, and the attorney general and reporter shall represent the county in the cases before the appellate courts.
Acts 1891, ch. 1, § 14; Shan., § 1629; mod. Code 1932, § 2739; modified; T.C.A. (orig. ed.), § 54-914.
Tenn. Code Ann. § 54-3-113 — TN Code / Title 54 / Chapter 3 / Section 54-3-113
Transportation modernization board
Status: in_force

(a) There is established the transportation modernization board. The board consists of five (5) voting members as follows: (1) One (1) member to be appointed by the governor; (2) One (1) member to be appointed by the speaker of the house of representatives; (3) One (1) member to be appointed by the speaker of the senate; (4) The governor, ex officio, or the governor's designee; and (5) The commissioner of transportation, ex officio, or the commissioner's designee. (b) The terms for the initial board members who do not serve ex officio begin on October 1, 2023, and must be staggered as follows: (1) The member appointed pursuant to subdivision (a)(1) shall serve an initial term of six (6) years; (2) The member appointed pursuant to subdivision (a)(2) shall serve an initial term of five (5) years; and (3) The member appointed pursuant to subdivision (a)(3) shall serve an initial term of four (4) years. (c) Following the terms for initial board members as provided in subsection (b), the term for a board member who does not serve ex officio is four (4) years. A board member who does not serve ex officio is eligible for reappointment and may serve a maximum of two (2) full terms; provided, however, that an appointment to fill an unexpired term as a result of a vacancy does not count toward the term limit. At the expiration of a board member's term, the member may continue to serve until a successor is appointed or until the member is reappointed. (d) Three (3) board members constitute a quorum for the transaction of business. If a quorum is present, a vacancy on the board does not prevent the board from transacting business or otherwise taking an action authorized pursuant to this chapter. (e) The commissioner of transportation or the commissioner's designee shall serve as chair. The board shall meet at the call of the chair. The board may elect other officers as the board deems appropriate. (f) The department shall provide administrative support to the board. (g) The board may exercise the powers and duties necessary to implement this chapter. Amended by 2023 Tenn. Acts, ch. 159, s 28, eff. 4/17/2023. Amended by 2013 Tenn. Acts, ch. 308, s 7, eff. 7/1/2013. Amended by 2013 Tenn. Acts, ch. 236, s 90, eff. 4/19/2013. Acts 2007 , ch. 597, § 16; 2009 , ch. 54, § 1.
(a) There is established the transportation modernization board. The board consists of five (5) voting members as follows: (1) One (1) member to be appointed by the governor; (2) One (1) member to be appointed by the speaker of the house of representatives; (3) One (1) member to be appointed by the speaker of the senate; (4) The governor, ex officio, or the governor's designee; and (5) The commissioner of transportation, ex officio, or the commissioner's designee.
(1) One (1) member to be appointed by the governor;
(2) One (1) member to be appointed by the speaker of the house of representatives;
(3) One (1) member to be appointed by the speaker of the senate;
(4) The governor, ex officio, or the governor's designee; and
(5) The commissioner of transportation, ex officio, or the commissioner's designee.
(b) The terms for the initial board members who do not serve ex officio begin on October 1, 2023, and must be staggered as follows: (1) The member appointed pursuant to subdivision (a)(1) shall serve an initial term of six (6) years; (2) The member appointed pursuant to subdivision (a)(2) shall serve an initial term of five (5) years; and (3) The member appointed pursuant to subdivision (a)(3) shall serve an initial term of four (4) years.
(1) The member appointed pursuant to subdivision (a)(1) shall serve an initial term of six (6) years;
(2) The member appointed pursuant to subdivision (a)(2) shall serve an initial term of five (5) years; and
(3) The member appointed pursuant to subdivision (a)(3) shall serve an initial term of four (4) years.
(c) Following the terms for initial board members as provided in subsection (b), the term for a board member who does not serve ex officio is four (4) years. A board member who does not serve ex officio is eligible for reappointment and may serve a maximum of two (2) full terms; provided, however, that an appointment to fill an unexpired term as a result of a vacancy does not count toward the term limit. At the expiration of a board member's term, the member may continue to serve until a successor is appointed or until the member is reappointed.
(d) Three (3) board members constitute a quorum for the transaction of business. If a quorum is present, a vacancy on the board does not prevent the board from transacting business or otherwise taking an action authorized pursuant to this chapter.
(e) The commissioner of transportation or the commissioner's designee shall serve as chair. The board shall meet at the call of the chair. The board may elect other officers as the board deems appropriate.
(f) The department shall provide administrative support to the board.
(g) The board may exercise the powers and duties necessary to implement this chapter.
Amended by 2023 Tenn. Acts, ch. 159, s 28, eff. 4/17/2023.
Amended by 2013 Tenn. Acts, ch. 308, s 7, eff. 7/1/2013.
Amended by 2013 Tenn. Acts, ch. 236, s 90, eff. 4/19/2013.
Acts 2007 , ch. 597, § 16; 2009 , ch. 54, § 1.
Tenn. Code Ann. § 54-14-103 — TN Code / Title 54 / Chapter 14 / Section 54-14-103
Parties to petition to secure easement or right-of-way - Appraisal of land - Documents of internal improvements - Contents of petition - Costs bond
Status: in_force

(a) The person or persons desiring to secure an easement or right-of-way may file their petition in the county where any of the lands affected by the proceedings lie: (1) Making all parties owning or interested in any or interested in any way in the lands, or property to be affected by the easement or right-of-way parties defendant to the proceedings; provided, that, if one of the parcels surrounding the land is owned by the federal government, the petitioner is not required to make the federal government, or any agency or instrumentality of the federal government, a party defendant to the petition for easement or right-of-way when the portion of land or property desired for the easement or right-of-way filed by the petitioner is over lands or property not owned by the federal government, or any agency or instrumentality of the federal government; (2) Setting out the portions of land or property desired for the easement or right-of-way and the amount, extent, and location of the land or property desired; (3) Setting out the name or names of the owners or those interested in any way in land or property or to be affected by the proceedings, or if unknown or their residence or citizenship cannot be ascertained by diligent inquiry, the facts are to be stated; (4) Setting out the object for which the easement or right-of-way is wanted; and (5) Praying that a sufficient amount of the property be set apart by metes and bounds for the easement or right-of-way and that petitioners be put into possession of the property. (b) Upon the filing of a petition by the person desiring to secure the easement or right-of-way, the court shall appoint an appraiser to conduct an appraisal of the parcel of land or rights in the land or incident to the land a portion of which is wanted. The cost of the appraisal shall be borne by the person seeking to appropriate the land. Upon completion, the appraisal shall be filed with the court and within thirty (30) days of the filing, the person seeking to appropriate the land shall post a bond for two (2) times the amount of the appraisal. The appraisal shall be conducted for the sole purpose of determining the amount of the bond and shall not be admissible as evidence. (c) Upon the request of any party or the court, after the filing of the petition, the person seeking to appropriate the land shall provide a copy of any and all prospective building plans, construction specifications, or similar documents related to the work of internal improvement to take place on the land. (d) Bond shall be given for costs, and copy and process shall issue or publication be made for nonresidents or those whose residence or citizenship is unknown and cannot be ascertained by diligent inquiry, for the defendants named as in chancery cases. (e) All persons made defendants, and unborn beneficiaries of the remainder interests, shall be bound by the proceedings. Acts 1921, ch. 75, § 2; Shan. Supp., § 1634a2; Code 1932, § 2747; T.C.A. (orig. ed.), § 54-1903; Acts 1999, ch. 362, §1; 2008 , ch. 1082, § 2.
(a) The person or persons desiring to secure an easement or right-of-way may file their petition in the county where any of the lands affected by the proceedings lie: (1) Making all parties owning or interested in any or interested in any way in the lands, or property to be affected by the easement or right-of-way parties defendant to the proceedings; provided, that, if one of the parcels surrounding the land is owned by the federal government, the petitioner is not required to make the federal government, or any agency or instrumentality of the federal government, a party defendant to the petition for easement or right-of-way when the portion of land or property desired for the easement or right-of-way filed by the petitioner is over lands or property not owned by the federal government, or any agency or instrumentality of the federal government; (2) Setting out the portions of land or property desired for the easement or right-of-way and the amount, extent, and location of the land or property desired; (3) Setting out the name or names of the owners or those interested in any way in land or property or to be affected by the proceedings, or if unknown or their residence or citizenship cannot be ascertained by diligent inquiry, the facts are to be stated; (4) Setting out the object for which the easement or right-of-way is wanted; and (5) Praying that a sufficient amount of the property be set apart by metes and bounds for the easement or right-of-way and that petitioners be put into possession of the property.
(1) Making all parties owning or interested in any or interested in any way in the lands, or property to be affected by the easement or right-of-way parties defendant to the proceedings; provided, that, if one of the parcels surrounding the land is owned by the federal government, the petitioner is not required to make the federal government, or any agency or instrumentality of the federal government, a party defendant to the petition for easement or right-of-way when the portion of land or property desired for the easement or right-of-way filed by the petitioner is over lands or property not owned by the federal government, or any agency or instrumentality of the federal government;
(2) Setting out the portions of land or property desired for the easement or right-of-way and the amount, extent, and location of the land or property desired;
(3) Setting out the name or names of the owners or those interested in any way in land or property or to be affected by the proceedings, or if unknown or their residence or citizenship cannot be ascertained by diligent inquiry, the facts are to be stated;
(4) Setting out the object for which the easement or right-of-way is wanted; and
(5) Praying that a sufficient amount of the property be set apart by metes and bounds for the easement or right-of-way and that petitioners be put into possession of the property.
(b) Upon the filing of a petition by the person desiring to secure the easement or right-of-way, the court shall appoint an appraiser to conduct an appraisal of the parcel of land or rights in the land or incident to the land a portion of which is wanted. The cost of the appraisal shall be borne by the person seeking to appropriate the land. Upon completion, the appraisal shall be filed with the court and within thirty (30) days of the filing, the person seeking to appropriate the land shall post a bond for two (2) times the amount of the appraisal. The appraisal shall be conducted for the sole purpose of determining the amount of the bond and shall not be admissible as evidence.
(c) Upon the request of any party or the court, after the filing of the petition, the person seeking to appropriate the land shall provide a copy of any and all prospective building plans, construction specifications, or similar documents related to the work of internal improvement to take place on the land.
(d) Bond shall be given for costs, and copy and process shall issue or publication be made for nonresidents or those whose residence or citizenship is unknown and cannot be ascertained by diligent inquiry, for the defendants named as in chancery cases.
(e) All persons made defendants, and unborn beneficiaries of the remainder interests, shall be bound by the proceedings.
Acts 1921, ch. 75, § 2; Shan. Supp., § 1634a2; Code 1932, § 2747; T.C.A. (orig. ed.), § 54-1903; Acts 1999, ch. 362, §1; 2008 , ch. 1082, § 2.
Tenn. Code Ann. § 54-12-156 — TN Code / Title 54 / Chapter 12 / Section 54-12-156
Road improvement record book - Maintenance by county clerk - Contents - Entries made in regular minute book
Status: in_force

(a) In any county where a road improvement district is sought to be established, the county clerk of the county shall provide a book to be known as the road improvement record and to be paid for by the county. (b) The clerk shall keep in the road improvement record a full and complete record of all proceedings in each case arising under this chapter, including all orders made by the monthly county court, and certified from the circuit court, and a copy of the original petition shall be enrolled in the book of record, and all bonds required to be given; and all orders and judgments of the monthly county court, touching any matter of the district, may be entered into the regular minute book; but it shall be sufficient if the orders or judgments are entered either upon the road improvement record or the regular minute book. Acts 1919, ch. 193, § 65; Shan. Supp., § 1682a79; Code 1932, § 2893; modified; T.C.A. (orig. ed.), § 54-1356; impl. am. Acts 1978, ch. 934, §§ 22, 36.
(a) In any county where a road improvement district is sought to be established, the county clerk of the county shall provide a book to be known as the road improvement record and to be paid for by the county.
(b) The clerk shall keep in the road improvement record a full and complete record of all proceedings in each case arising under this chapter, including all orders made by the monthly county court, and certified from the circuit court, and a copy of the original petition shall be enrolled in the book of record, and all bonds required to be given; and all orders and judgments of the monthly county court, touching any matter of the district, may be entered into the regular minute book; but it shall be sufficient if the orders or judgments are entered either upon the road improvement record or the regular minute book.
Acts 1919, ch. 193, § 65; Shan. Supp., § 1682a79; Code 1932, § 2893; modified; T.C.A. (orig. ed.), § 54-1356; impl. am. Acts 1978, ch. 934, §§ 22, 36.
Tenn. Code Ann. § 54-5-132 — TN Code / Title 54 / Chapter 5 / Section 54-5-132
Guide signs for exposition centers
Status: in_force

(a) Notwithstanding any law to the contrary, a guide sign must be erected on or along an interstate highway or at an interchange for an exposition center: (1) That has at least seventy thousand square feet (70,000 sq. ft.), but no more than ninety thousand square feet (90,000 sq. ft.) of space; (2) That is located within or associated with a county agricultural center that: (A) Has a minimum annual attendance of at least two hundred thousand (200,000) people; and (B) Is signed pursuant to this chapter; and (3) That is located within two (2) miles of Interstate 40. (b) Guide signs may be erected pursuant to subsection (a) only if the cost of the manufacture and installation of the guide signs is paid to the department from county or other nonstate funds. The payment must be made prior to any expenditure by the state for the manufacture or installation of the signs. Added by 2022 Tenn. Acts, ch. 879, s 1, eff. 7/1/2022.
(a) Notwithstanding any law to the contrary, a guide sign must be erected on or along an interstate highway or at an interchange for an exposition center: (1) That has at least seventy thousand square feet (70,000 sq. ft.), but no more than ninety thousand square feet (90,000 sq. ft.) of space; (2) That is located within or associated with a county agricultural center that: (A) Has a minimum annual attendance of at least two hundred thousand (200,000) people; and (B) Is signed pursuant to this chapter; and (3) That is located within two (2) miles of Interstate 40.
(1) That has at least seventy thousand square feet (70,000 sq. ft.), but no more than ninety thousand square feet (90,000 sq. ft.) of space;
(2) That is located within or associated with a county agricultural center that: (A) Has a minimum annual attendance of at least two hundred thousand (200,000) people; and (B) Is signed pursuant to this chapter; and
(A) Has a minimum annual attendance of at least two hundred thousand (200,000) people; and
(B) Is signed pursuant to this chapter; and
(3) That is located within two (2) miles of Interstate 40.
(b) Guide signs may be erected pursuant to subsection (a) only if the cost of the manufacture and installation of the guide signs is paid to the department from county or other nonstate funds. The payment must be made prior to any expenditure by the state for the manufacture or installation of the signs.
Added by 2022 Tenn. Acts, ch. 879, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 54-11-304 — TN Code / Title 54 / Chapter 11 / Section 54-11-304
Appropriations - Oversight of work under road commissioner or a special commissioner
Status: in_force

(a) The counties are authorized to appropriate money for the purposes set forth in §§ 54-11-301 - 54-11-303. (b) The counties may place the oversight of all the work and improvement under the county road commissioners or under the road commissioner for the district in which the ferry may be situated, or under a special commissioner, and may require reports from the party or parties at any time. Acts 1911, ch. 13, § 4; Shan., § 1720a6; Code 1932, § 3045; T.C.A. (orig. ed.), § 54-1204.
(a) The counties are authorized to appropriate money for the purposes set forth in §§ 54-11-301 - 54-11-303.
(b) The counties may place the oversight of all the work and improvement under the county road commissioners or under the road commissioner for the district in which the ferry may be situated, or under a special commissioner, and may require reports from the party or parties at any time.
Acts 1911, ch. 13, § 4; Shan., § 1720a6; Code 1932, § 3045; T.C.A. (orig. ed.), § 54-1204.
Tenn. Code Ann. § 54-4-101 — TN Code / Title 54 / Chapter 4 / Section 54-4-101
Source - Payment - Use
Status: in_force

(a) All state moneys appropriated or allotted for the maintenance and improvement of county systems shall be known as county aid funds, to be paid over by the commissioner of finance and administration to the trustees of the several counties in the proportion directed in § 54-4-103 , to be used by the county highway authorities in building or maintaining, or both, county roads and bridges; provided, that any county highway may be taken over and constructed, improved or maintained as a hard surface road by the department of transportation out of its own funds. (b) Any county has the power and authority by resolution of the governing body of the county, to pledge county aid funds to the punctual payment of principal of and interest on bonds, notes or other evidence of indebtedness issued for the purpose of building, maintaining or improving county roads and bridges, but only after receiving in writing the concurrence of the current superintendent of roads to pledge county aid funds to a bond issue. Acts 1931, ch. 45, § 1; C. Supp. 1950, § 3291.1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-401; Acts 1987, ch. 176, § 1.
(a) All state moneys appropriated or allotted for the maintenance and improvement of county systems shall be known as county aid funds, to be paid over by the commissioner of finance and administration to the trustees of the several counties in the proportion directed in § 54-4-103 , to be used by the county highway authorities in building or maintaining, or both, county roads and bridges; provided, that any county highway may be taken over and constructed, improved or maintained as a hard surface road by the department of transportation out of its own funds.
(b) Any county has the power and authority by resolution of the governing body of the county, to pledge county aid funds to the punctual payment of principal of and interest on bonds, notes or other evidence of indebtedness issued for the purpose of building, maintaining or improving county roads and bridges, but only after receiving in writing the concurrence of the current superintendent of roads to pledge county aid funds to a bond issue.
Acts 1931, ch. 45, § 1; C. Supp. 1950, § 3291.1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-401; Acts 1987, ch. 176, § 1.
Tenn. Code Ann. § 54-11-102 — TN Code / Title 54 / Chapter 11 / Section 54-11-102
Reports of fords - Action of legislative body
Status: in_force

At the April session of the county legislative body, a majority of the members consenting, the members of each civil district in the county shall report those fords to the county mayor that they think should be cleared of obstructions, and the county legislative body shall act on each proposition separately, a majority of the county legislative body present determining whether it will receive the propositions; then, the county mayor shall report all the propositions received. Acts 1859-1860, ch. 115, § 2; Shan., § 1742; Code 1932, § 3068; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A. (orig. ed.), § 54-1102; Acts 2003, ch. 90, § 2.
At the April session of the county legislative body, a majority of the members consenting, the members of each civil district in the county shall report those fords to the county mayor that they think should be cleared of obstructions, and the county legislative body shall act on each proposition separately, a majority of the county legislative body present determining whether it will receive the propositions; then, the county mayor shall report all the propositions received.
Acts 1859-1860, ch. 115, § 2; Shan., § 1742; Code 1932, § 3068; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A. (orig. ed.), § 54-1102; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 54-11-225 — TN Code / Title 54 / Chapter 11 / Section 54-11-225
Repairs of bridges by county legislative bodies - Commissioners to make contracts
Status: in_force

The county legislative body has full power, at any session of the county legislative body, when, in its opinion, the public good demands it, to appoint commissioners, who shall have power to contract for, and have completed, any repairs of bridges, levees or causeways, upon any public road in the county that, in the opinion of the county legislative body, the public good requires. Acts 1859-1860, ch. 90, § 1; Shan., § 1738; mod. Code 1932, § 3064; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1131.
The county legislative body has full power, at any session of the county legislative body, when, in its opinion, the public good demands it, to appoint commissioners, who shall have power to contract for, and have completed, any repairs of bridges, levees or causeways, upon any public road in the county that, in the opinion of the county legislative body, the public good requires.
Acts 1859-1860, ch. 90, § 1; Shan., § 1738; mod. Code 1932, § 3064; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1131.
Tenn. Code Ann. § 54-9-120 — TN Code / Title 54 / Chapter 9 / Section 54-9-120
Vacancies - Filling
Status: in_force

Should there occur a vacancy for any cause, the vacancy shall be filled in the same manner as provided for the election of the original commissioners under this chapter. Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a21; Code 1932, § 2983; T.C.A. (orig. ed.), § 54-822.
Should there occur a vacancy for any cause, the vacancy shall be filled in the same manner as provided for the election of the original commissioners under this chapter.
Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a21; Code 1932, § 2983; T.C.A. (orig. ed.), § 54-822.
Tenn. Code Ann. § 54-11-204 — TN Code / Title 54 / Chapter 11 / Section 54-11-204
Contract, agreement and order binding
Status: in_force

Every contract, agreement, and order for bridges shall bind the county that makes or enters into it. Code 1858, § 1214 (deriv. Acts 1804, ch. 1, § 6); Shan., § 1710; Code 1932, § 3020; T.C.A. (orig. ed.), § 54-1110.
Every contract, agreement, and order for bridges shall bind the county that makes or enters into it.
Code 1858, § 1214 (deriv. Acts 1804, ch. 1, § 6); Shan., § 1710; Code 1932, § 3020; T.C.A. (orig. ed.), § 54-1110.
Tenn. Code Ann. § 54-6-102 — TN Code / Title 54 / Chapter 6 / Section 54-6-102
Chapter definitions
Status: in_force

As used in this chapter: (1) "Affected jurisdiction" means any county or municipality in which all or a portion of a qualifying transportation facility is located; (2) "Availability payments" means payments by a public entity to an eligible private entity in connection with the development, redevelopment, or operation of a qualifying transportation facility pursuant to a service contract or comprehensive agreement; (3) "Comprehensive agreement" means the comprehensive agreement between the eligible private entity and the responsible public entity required by § 54-6-110 ; (4) "Consortium" means an organization, association, or other entity comprised of one (1) or more private entities and established for the purpose of entering into a public-private initiative under this chapter; (5) "Department" means the department of transportation; (6) "Develop" or "development": (A) Means the entire process of bringing a transportation facility to completion or expanding an existing transportation facility for additional capacity; and (B) Includes planning, research, feasibility analysis, environmental evaluation, preliminary engineering, designing, acquisition of rights-of-way, relocation of utilities, permitting, environmental mitigation, contracting, financing, and construction; (7) "Eligible private entity": (A) Means the private entity that is responsible for development, redevelopment, or operation, or a combination of such activities, of a qualifying transportation facility; and (B) Includes a consortium; (8) "Interim agreement" means an agreement, including a memorandum of understanding or binding preliminary agreement, between the private entity and the responsible public entity that provides for completion of studies and any other activities to advance the development, redevelopment, or operation, or any combination of these activities, of a qualifying transportation facility; (9) "Operate" or "operation": (A) Means any activity associated with the management, operation, and maintenance of a completed transportation facility; and (B) Includes installing, repairing, or replacing equipment; maintenance, repair, or improvement of the transportation facility; the payment of debt service on bonds, loans, federal credit enhancements, private placements, amounts payable under hedging agreements and ancillary agreements and other costs related to the agreements; the payment of dividends; the payment of salaries, benefits, and other costs of employees or employment necessary to the development, redevelopment, or operation of transportation facilities; the collection of user fees and the payment of costs of operation and debt service; and contracting or administering contracts related to, and the financing of, any activity under this subdivision (9); (10) "Private entity" means any natural person, corporation, limited liability company, partnership, joint venture, or other private business entity; (11) "Proprietary" in regard to information, means commercial or financial information that is used either directly or indirectly in the business of any private entity submitting information to a responsible public entity under this chapter, and that gives the private entity an advantage or an opportunity to obtain an advantage over competitors who do not know or use such information, or information that, the release of which, would compromise the negotiating positions of the public or private entities, which information includes trade secrets; (12) "Public entity": (A) Means this state or any county or municipality; any agency or authority of this state or of a county or municipality; and any authority, board, district, instrumentality, or other entity created pursuant to the laws of this state or created by this state or by one (1) or more counties or municipalities; and (B) Includes a local transit authority, metropolitan planning organization, or regional transportation authority; (13) "Public-private initiative" means a contractual arrangement between the responsible public entity and one (1) or more private entities, the terms of which are stated in a public-private agreement, that provides for: (A) Acceptance of a private equity contribution, including a money payment, for the right to develop, redevelop, or operate a project or to provide service for a qualified transportation facility; (B) Sharing of resources and the means of providing a project or service for a transportation facility; or (C) Cooperation in developing, redeveloping, and operating projects or services for a transportation facility; (14) "Qualifying transportation facility" means one (1) or more transportation facilities developed, redeveloped, or operated by a private entity pursuant to this chapter; (15) "Redevelop" or "redevelopment" means the process of replanning, reconstructing, or redesigning a transportation facility, including acquisition, clearance, development, or disposal, or any combination of these activities, of a transportation facility; (16) "Responsible public entity" means a public entity that has the power to develop, redevelop, or operate the applicable transportation facility; (17) "Revenues": (A) Means all revenues derived from and on account of, or generated by, a qualifying transportation facility, directly or indirectly, and any revenues paid, contributed, or pledged to an eligible private entity by a public entity pursuant to law, agreement, or otherwise; and (B) Includes user fees; availability payments; milestone payments; progress payments; capital contributions; income; earnings; lease payments; allocations; federal, state, regional, and local appropriations or the appropriations or other funds available to a public entity; bond proceeds; equity investments; and money received as grants or otherwise from the federal government or from any public entity in aid of the facility; (18) "Service contract" means a contract entered into pursuant to § 54-6-111 ; (19) "Transportation facility" means any mass transit system intended for shared passenger transport services to the general public, together with any building, structure, appurtenance, utility, transport support facility, transport vehicles, service vehicles, parking facility, or any other facility, structure, vehicle or property needed to operate the transportation facility or provide connectivity for the transportation facility to any other non-mass transit system transportation infrastructure including, but not limited to, interstates, highways, roads, streets, alleys, and sidewalks; and (20) "User fees" means the rates, fees, or other charges imposed by the eligible private entity of a qualifying transportation facility for use of all or a portion of the qualifying transportation facility. Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
As used in this chapter:
(1) "Affected jurisdiction" means any county or municipality in which all or a portion of a qualifying transportation facility is located;
(2) "Availability payments" means payments by a public entity to an eligible private entity in connection with the development, redevelopment, or operation of a qualifying transportation facility pursuant to a service contract or comprehensive agreement;
(3) "Comprehensive agreement" means the comprehensive agreement between the eligible private entity and the responsible public entity required by § 54-6-110 ;
(4) "Consortium" means an organization, association, or other entity comprised of one (1) or more private entities and established for the purpose of entering into a public-private initiative under this chapter;
(5) "Department" means the department of transportation;
(6) "Develop" or "development": (A) Means the entire process of bringing a transportation facility to completion or expanding an existing transportation facility for additional capacity; and (B) Includes planning, research, feasibility analysis, environmental evaluation, preliminary engineering, designing, acquisition of rights-of-way, relocation of utilities, permitting, environmental mitigation, contracting, financing, and construction;
(A) Means the entire process of bringing a transportation facility to completion or expanding an existing transportation facility for additional capacity; and
(B) Includes planning, research, feasibility analysis, environmental evaluation, preliminary engineering, designing, acquisition of rights-of-way, relocation of utilities, permitting, environmental mitigation, contracting, financing, and construction;
(7) "Eligible private entity": (A) Means the private entity that is responsible for development, redevelopment, or operation, or a combination of such activities, of a qualifying transportation facility; and (B) Includes a consortium;
(A) Means the private entity that is responsible for development, redevelopment, or operation, or a combination of such activities, of a qualifying transportation facility; and
(B) Includes a consortium;
(8) "Interim agreement" means an agreement, including a memorandum of understanding or binding preliminary agreement, between the private entity and the responsible public entity that provides for completion of studies and any other activities to advance the development, redevelopment, or operation, or any combination of these activities, of a qualifying transportation facility;
(9) "Operate" or "operation": (A) Means any activity associated with the management, operation, and maintenance of a completed transportation facility; and (B) Includes installing, repairing, or replacing equipment; maintenance, repair, or improvement of the transportation facility; the payment of debt service on bonds, loans, federal credit enhancements, private placements, amounts payable under hedging agreements and ancillary agreements and other costs related to the agreements; the payment of dividends; the payment of salaries, benefits, and other costs of employees or employment necessary to the development, redevelopment, or operation of transportation facilities; the collection of user fees and the payment of costs of operation and debt service; and contracting or administering contracts related to, and the financing of, any activity under this subdivision (9);
(A) Means any activity associated with the management, operation, and maintenance of a completed transportation facility; and
(B) Includes installing, repairing, or replacing equipment; maintenance, repair, or improvement of the transportation facility; the payment of debt service on bonds, loans, federal credit enhancements, private placements, amounts payable under hedging agreements and ancillary agreements and other costs related to the agreements; the payment of dividends; the payment of salaries, benefits, and other costs of employees or employment necessary to the development, redevelopment, or operation of transportation facilities; the collection of user fees and the payment of costs of operation and debt service; and contracting or administering contracts related to, and the financing of, any activity under this subdivision (9);
(10) "Private entity" means any natural person, corporation, limited liability company, partnership, joint venture, or other private business entity;
(11) "Proprietary" in regard to information, means commercial or financial information that is used either directly or indirectly in the business of any private entity submitting information to a responsible public entity under this chapter, and that gives the private entity an advantage or an opportunity to obtain an advantage over competitors who do not know or use such information, or information that, the release of which, would compromise the negotiating positions of the public or private entities, which information includes trade secrets;
(12) "Public entity": (A) Means this state or any county or municipality; any agency or authority of this state or of a county or municipality; and any authority, board, district, instrumentality, or other entity created pursuant to the laws of this state or created by this state or by one (1) or more counties or municipalities; and (B) Includes a local transit authority, metropolitan planning organization, or regional transportation authority;
(A) Means this state or any county or municipality; any agency or authority of this state or of a county or municipality; and any authority, board, district, instrumentality, or other entity created pursuant to the laws of this state or created by this state or by one (1) or more counties or municipalities; and
(B) Includes a local transit authority, metropolitan planning organization, or regional transportation authority;
(13) "Public-private initiative" means a contractual arrangement between the responsible public entity and one (1) or more private entities, the terms of which are stated in a public-private agreement, that provides for: (A) Acceptance of a private equity contribution, including a money payment, for the right to develop, redevelop, or operate a project or to provide service for a qualified transportation facility; (B) Sharing of resources and the means of providing a project or service for a transportation facility; or (C) Cooperation in developing, redeveloping, and operating projects or services for a transportation facility;
(A) Acceptance of a private equity contribution, including a money payment, for the right to develop, redevelop, or operate a project or to provide service for a qualified transportation facility;
(B) Sharing of resources and the means of providing a project or service for a transportation facility; or
(C) Cooperation in developing, redeveloping, and operating projects or services for a transportation facility;
(14) "Qualifying transportation facility" means one (1) or more transportation facilities developed, redeveloped, or operated by a private entity pursuant to this chapter;
(15) "Redevelop" or "redevelopment" means the process of replanning, reconstructing, or redesigning a transportation facility, including acquisition, clearance, development, or disposal, or any combination of these activities, of a transportation facility;
(16) "Responsible public entity" means a public entity that has the power to develop, redevelop, or operate the applicable transportation facility;
(17) "Revenues": (A) Means all revenues derived from and on account of, or generated by, a qualifying transportation facility, directly or indirectly, and any revenues paid, contributed, or pledged to an eligible private entity by a public entity pursuant to law, agreement, or otherwise; and (B) Includes user fees; availability payments; milestone payments; progress payments; capital contributions; income; earnings; lease payments; allocations; federal, state, regional, and local appropriations or the appropriations or other funds available to a public entity; bond proceeds; equity investments; and money received as grants or otherwise from the federal government or from any public entity in aid of the facility;
(A) Means all revenues derived from and on account of, or generated by, a qualifying transportation facility, directly or indirectly, and any revenues paid, contributed, or pledged to an eligible private entity by a public entity pursuant to law, agreement, or otherwise; and
(B) Includes user fees; availability payments; milestone payments; progress payments; capital contributions; income; earnings; lease payments; allocations; federal, state, regional, and local appropriations or the appropriations or other funds available to a public entity; bond proceeds; equity investments; and money received as grants or otherwise from the federal government or from any public entity in aid of the facility;
(18) "Service contract" means a contract entered into pursuant to § 54-6-111 ;
(19) "Transportation facility" means any mass transit system intended for shared passenger transport services to the general public, together with any building, structure, appurtenance, utility, transport support facility, transport vehicles, service vehicles, parking facility, or any other facility, structure, vehicle or property needed to operate the transportation facility or provide connectivity for the transportation facility to any other non-mass transit system transportation infrastructure including, but not limited to, interstates, highways, roads, streets, alleys, and sidewalks; and
(20) "User fees" means the rates, fees, or other charges imposed by the eligible private entity of a qualifying transportation facility for use of all or a portion of the qualifying transportation facility.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-11-224 — TN Code / Title 54 / Chapter 11 / Section 54-11-224
Tolls - Rules for management
Status: in_force

The county and municipal corporation erecting a bridge as provided in §§ 54-11-222 and 54-11-223 have the power to fix the tolls to be charged and collected and provide for the collection of the tolls, and make all necessary rules and regulations for the keeping up and management of the bridge when erected. Acts 1901, ch. 99, § 3; Shan., § 1716a3; Code 1932, § 3030; T.C.A. (orig. ed.), § 54-1130.
The county and municipal corporation erecting a bridge as provided in §§ 54-11-222 and 54-11-223 have the power to fix the tolls to be charged and collected and provide for the collection of the tolls, and make all necessary rules and regulations for the keeping up and management of the bridge when erected.
Acts 1901, ch. 99, § 3; Shan., § 1716a3; Code 1932, § 3030; T.C.A. (orig. ed.), § 54-1130.
Tenn. Code Ann. § 54-11-305 — TN Code / Title 54 / Chapter 11 / Section 54-11-305
Ferry operator - Selection and salary - Vacancy
Status: in_force

The county legislative body at any session may select and fix the salary of the ferry operators for ferries established under this part; however, in cases of vacancy occasioned by death or permanent disability, the county mayors are authorized to name a successor to serve until the next session. Acts 1911, ch. 13, § 5; Shan., § 1720a7; Code 1932, § 3046; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; modified; T.C.A. (orig. ed.), § 54-1205; Acts 2003, ch. 90, § 2.
The county legislative body at any session may select and fix the salary of the ferry operators for ferries established under this part; however, in cases of vacancy occasioned by death or permanent disability, the county mayors are authorized to name a successor to serve until the next session.
Acts 1911, ch. 13, § 5; Shan., § 1720a7; Code 1932, § 3046; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; modified; T.C.A. (orig. ed.), § 54-1205; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 54-14-106 — TN Code / Title 54 / Chapter 14 / Section 54-14-106
Notice of taking inquest of damages
Status: in_force

The sheriff shall give the parties or their agent, if residents of the county where the suit is pending, three (3) days' notice of the time and place of taking the inquest, unless the time has been fixed by order of the court. Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a4; Code 1932, § 2750; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1906.
The sheriff shall give the parties or their agent, if residents of the county where the suit is pending, three (3) days' notice of the time and place of taking the inquest, unless the time has been fixed by order of the court.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a4; Code 1932, § 2750; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1906.
Tenn. Code Ann. § 54-5-1002 — TN Code / Title 54 / Chapter 5 / Section 54-5-1002
Signing and marking of Blue Star Memorial Highways
Status: in_force

The department is authorized to cooperate with concerned public and private groups to develop and implement a program for signing and marking the highways designated in § 54-5-1001 . Acts 1981, ch. 71, § 2.
The department is authorized to cooperate with concerned public and private groups to develop and implement a program for signing and marking the highways designated in § 54-5-1001 .
Acts 1981, ch. 71, § 2.
Tenn. Code Ann. § 54-12-221 — TN Code / Title 54 / Chapter 12 / Section 54-12-221
Appellant from order fixing assessment of benefits shall give appeal bond, and not pauper's oath
Status: in_force

(a) Any landowner, tenant, or encumbrancer who appeals from the order fixing the assessment of benefits shall execute bond, with security, for cost and damages. (b) The oath provided by law for poor persons shall not be allowed in lieu of the bonds. Acts 1919, ch. 193, § 61; Shan. Supp., § 1682a75; Code 1932, § 2889; T.C.A. (orig. ed.), § 54-1421.
(a) Any landowner, tenant, or encumbrancer who appeals from the order fixing the assessment of benefits shall execute bond, with security, for cost and damages.
(b) The oath provided by law for poor persons shall not be allowed in lieu of the bonds.
Acts 1919, ch. 193, § 61; Shan. Supp., § 1682a75; Code 1932, § 2889; T.C.A. (orig. ed.), § 54-1421.
Tenn. Code Ann. § 54-6-110 — TN Code / Title 54 / Chapter 6 / Section 54-6-110
Comprehensive agreement prior to development, redevelopment, or operation of transportation facility
Status: in_force

(a) Prior to developing, redeveloping, or operating the qualifying transportation facility, the eligible private entity shall enter into a comprehensive agreement with the responsible public entity. The comprehensive agreement shall provide for: (1) Delivery of performance and payment bonds that comply with § 54-5-119(a) or letters of credit in connection with any development or redevelopment of the qualifying transportation facility, and bonds, letters of credit, or other forms of security for any operation of the qualifying transportation facility, in the forms and amounts satisfactory to the responsible public entity; (2) Review of plans for the development, redevelopment, and operation of the qualifying transportation facility by the responsible public entity and approval by the responsible public entity if the plans conform to the standards of the responsible public entity; (3) Inspection of development, redevelopment, or operation of the qualifying transportation facility by the responsible public entity to ensure that the development, redevelopment, or operation conforms to the engineering and other standards acceptable to the responsible public entity; (4) Maintenance by the private entity of a policy or policies of public liability insurance of which copies shall be filed with the responsible public entity accompanied by proofs of coverage, or self-insurance, in such form and amount satisfactory to the responsible public entity and reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying transportation facility; (5) Monitoring of the maintenance practices of the private entity by the responsible public entity and the taking of such actions as the responsible public entity finds appropriate to ensure that the qualifying transportation facility is properly maintained; (6) Filing of appropriate financial statements in a form acceptable to the responsible public entity on a periodic basis; (7) The date of termination of the private entity's authority and duties under this chapter and dedication to the appropriate public entity; (8) Any such user fees as may be established by agreement of the parties; (9) Details on the payment mechanism and performance requirements; and (10) The duties of the private entity under this chapter. (b) The comprehensive agreement may contain: (1) Other terms and conditions that the responsible public entity determines serve the public purpose of this chapter and to which the private entity and the responsible public entity mutually agree, including provisions regarding unavoidable delays or provisions providing for a loan of public funds for the development, redevelopment, or operation of one (1) or more qualifying transportation facilities; (2) Provisions for the development, redevelopment, or operation of phases or segments of the qualifying transportation facility; (3) Provisions under which the responsible public entity agrees to provide notice of default and cure rights for the benefit of the private entity and the persons specified in the agreement as providing financing for the qualifying transportation facility; (4) Reimbursement to be paid to the responsible public entity for its cost to provide the services performed by the responsible public entity; (5) Guaranteed cost and completion guarantees related to the development, redevelopment, and operation of the qualified transportation facility and payment of damages or election to forgo availability payments for failure to meet the completion guarantee; and (6) The process for potential sharing or distributing of any earnings in excess of the maximum rate of return as negotiated in the comprehensive agreement. (c) Any changes in the terms of the comprehensive agreement, as may be agreed upon by the parties, shall be added to the comprehensive agreement by written amendment. (d) Notwithstanding this chapter to the contrary, a responsible public entity may enter into a comprehensive agreement with multiple private entities if the responsible public entity determines in writing that it serves the public purpose of this chapter to do so. Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
(a) Prior to developing, redeveloping, or operating the qualifying transportation facility, the eligible private entity shall enter into a comprehensive agreement with the responsible public entity. The comprehensive agreement shall provide for: (1) Delivery of performance and payment bonds that comply with § 54-5-119(a) or letters of credit in connection with any development or redevelopment of the qualifying transportation facility, and bonds, letters of credit, or other forms of security for any operation of the qualifying transportation facility, in the forms and amounts satisfactory to the responsible public entity; (2) Review of plans for the development, redevelopment, and operation of the qualifying transportation facility by the responsible public entity and approval by the responsible public entity if the plans conform to the standards of the responsible public entity; (3) Inspection of development, redevelopment, or operation of the qualifying transportation facility by the responsible public entity to ensure that the development, redevelopment, or operation conforms to the engineering and other standards acceptable to the responsible public entity; (4) Maintenance by the private entity of a policy or policies of public liability insurance of which copies shall be filed with the responsible public entity accompanied by proofs of coverage, or self-insurance, in such form and amount satisfactory to the responsible public entity and reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying transportation facility; (5) Monitoring of the maintenance practices of the private entity by the responsible public entity and the taking of such actions as the responsible public entity finds appropriate to ensure that the qualifying transportation facility is properly maintained; (6) Filing of appropriate financial statements in a form acceptable to the responsible public entity on a periodic basis; (7) The date of termination of the private entity's authority and duties under this chapter and dedication to the appropriate public entity; (8) Any such user fees as may be established by agreement of the parties; (9) Details on the payment mechanism and performance requirements; and (10) The duties of the private entity under this chapter.
(1) Delivery of performance and payment bonds that comply with § 54-5-119(a) or letters of credit in connection with any development or redevelopment of the qualifying transportation facility, and bonds, letters of credit, or other forms of security for any operation of the qualifying transportation facility, in the forms and amounts satisfactory to the responsible public entity;
(2) Review of plans for the development, redevelopment, and operation of the qualifying transportation facility by the responsible public entity and approval by the responsible public entity if the plans conform to the standards of the responsible public entity;
(3) Inspection of development, redevelopment, or operation of the qualifying transportation facility by the responsible public entity to ensure that the development, redevelopment, or operation conforms to the engineering and other standards acceptable to the responsible public entity;
(4) Maintenance by the private entity of a policy or policies of public liability insurance of which copies shall be filed with the responsible public entity accompanied by proofs of coverage, or self-insurance, in such form and amount satisfactory to the responsible public entity and reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying transportation facility;
(5) Monitoring of the maintenance practices of the private entity by the responsible public entity and the taking of such actions as the responsible public entity finds appropriate to ensure that the qualifying transportation facility is properly maintained;
(6) Filing of appropriate financial statements in a form acceptable to the responsible public entity on a periodic basis;
(7) The date of termination of the private entity's authority and duties under this chapter and dedication to the appropriate public entity;
(8) Any such user fees as may be established by agreement of the parties;
(9) Details on the payment mechanism and performance requirements; and
(10) The duties of the private entity under this chapter.
(b) The comprehensive agreement may contain: (1) Other terms and conditions that the responsible public entity determines serve the public purpose of this chapter and to which the private entity and the responsible public entity mutually agree, including provisions regarding unavoidable delays or provisions providing for a loan of public funds for the development, redevelopment, or operation of one (1) or more qualifying transportation facilities; (2) Provisions for the development, redevelopment, or operation of phases or segments of the qualifying transportation facility; (3) Provisions under which the responsible public entity agrees to provide notice of default and cure rights for the benefit of the private entity and the persons specified in the agreement as providing financing for the qualifying transportation facility; (4) Reimbursement to be paid to the responsible public entity for its cost to provide the services performed by the responsible public entity; (5) Guaranteed cost and completion guarantees related to the development, redevelopment, and operation of the qualified transportation facility and payment of damages or election to forgo availability payments for failure to meet the completion guarantee; and (6) The process for potential sharing or distributing of any earnings in excess of the maximum rate of return as negotiated in the comprehensive agreement.
(1) Other terms and conditions that the responsible public entity determines serve the public purpose of this chapter and to which the private entity and the responsible public entity mutually agree, including provisions regarding unavoidable delays or provisions providing for a loan of public funds for the development, redevelopment, or operation of one (1) or more qualifying transportation facilities;
(2) Provisions for the development, redevelopment, or operation of phases or segments of the qualifying transportation facility;
(3) Provisions under which the responsible public entity agrees to provide notice of default and cure rights for the benefit of the private entity and the persons specified in the agreement as providing financing for the qualifying transportation facility;
(4) Reimbursement to be paid to the responsible public entity for its cost to provide the services performed by the responsible public entity;
(5) Guaranteed cost and completion guarantees related to the development, redevelopment, and operation of the qualified transportation facility and payment of damages or election to forgo availability payments for failure to meet the completion guarantee; and
(6) The process for potential sharing or distributing of any earnings in excess of the maximum rate of return as negotiated in the comprehensive agreement.
(c) Any changes in the terms of the comprehensive agreement, as may be agreed upon by the parties, shall be added to the comprehensive agreement by written amendment.
(d) Notwithstanding this chapter to the contrary, a responsible public entity may enter into a comprehensive agreement with multiple private entities if the responsible public entity determines in writing that it serves the public purpose of this chapter to do so.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-12-222 — TN Code / Title 54 / Chapter 12 / Section 54-12-222
Appeal does not prevent collection of assessments, if appellant is indemnified by bond
Status: in_force

The appeal shall not prevent the collection of the assessments, nor stay the collection in any way, if the district or any petitioner for the district executes a bond, with good security, payable to the appellant, and conditioned to hold the appellant harmless against loss and to abide by and perform the judgment of the court, if the appeal is successfully prosecuted. Acts 1919, ch. 193, § 62; Shan. Supp., § 1682a76; Code 1932, § 2890; T.C.A. (orig. ed.), § 54-1422.
The appeal shall not prevent the collection of the assessments, nor stay the collection in any way, if the district or any petitioner for the district executes a bond, with good security, payable to the appellant, and conditioned to hold the appellant harmless against loss and to abide by and perform the judgment of the court, if the appeal is successfully prosecuted.
Acts 1919, ch. 193, § 62; Shan. Supp., § 1682a76; Code 1932, § 2890; T.C.A. (orig. ed.), § 54-1422.
Tenn. Code Ann. § 54-12-151 — TN Code / Title 54 / Chapter 12 / Section 54-12-151
Condemnation after damages are paid or secured
Status: in_force

After the damages have been paid or secured, the monthly county court shall enter a proper order of condemnation showing all the lands are appropriated and belong to the road improvement district for all its necessary purposes. Acts 1919, ch. 193, § 41; Shan. Supp., § 1682a52; Code 1932, § 2866; modified; T.C.A. (orig. ed.), § 54-1351.
After the damages have been paid or secured, the monthly county court shall enter a proper order of condemnation showing all the lands are appropriated and belong to the road improvement district for all its necessary purposes.
Acts 1919, ch. 193, § 41; Shan. Supp., § 1682a52; Code 1932, § 2866; modified; T.C.A. (orig. ed.), § 54-1351.
Tenn. Code Ann. § 54-5-1206 — TN Code / Title 54 / Chapter 5 / Section 54-5-1206
Acreage in addition to acres already planted and cultivated
Status: in_force

The acres that are planted pursuant to this part shall be in addition to acres already planted and under cultivation. The acres planted as of July 1, 1993, shall be maintained and continued and shall be included in the required report. Acts 1993, ch. 455, § 6.
The acres that are planted pursuant to this part shall be in addition to acres already planted and under cultivation. The acres planted as of July 1, 1993, shall be maintained and continued and shall be included in the required report.
Acts 1993, ch. 455, § 6.
Tenn. Code Ann. § 54-22-101 — TN Code / Title 54 / Chapter 22 / Section 54-22-101
Presumptions - Eminent domain - Fences
Status: in_force

Wherever the state proposes to improve a section of an existing two-lane undivided public road, the width of the right-of-way of which cannot be ascertained totally or partially by instruments of conveyance, court orders or otherwise, there shall be a presumption that the unascertained width is twenty-five feet (25') on either side of the centerline of the traveled portion of the road. This presumption is rebuttable only and if necessary in the judgment of the commissioner of transportation to effect the intent of this part, the state shall acquire the adjoining property by negotiation or by eminent domain. Fences in place for the prescriptive period shall be considered ownership. Acts 1985, ch. 265, § 1.
Wherever the state proposes to improve a section of an existing two-lane undivided public road, the width of the right-of-way of which cannot be ascertained totally or partially by instruments of conveyance, court orders or otherwise, there shall be a presumption that the unascertained width is twenty-five feet (25') on either side of the centerline of the traveled portion of the road. This presumption is rebuttable only and if necessary in the judgment of the commissioner of transportation to effect the intent of this part, the state shall acquire the adjoining property by negotiation or by eminent domain. Fences in place for the prescriptive period shall be considered ownership.
Acts 1985, ch. 265, § 1.
Tenn. Code Ann. § 54-12-424 — TN Code / Title 54 / Chapter 12 / Section 54-12-424
Compensation of trustee for collecting and paying out, and for certified copies
Status: in_force

For collecting and paying out the assessments under this chapter, the county trustee shall receive as compensation two percent (2%) on all amounts paid out by the trustee; and for any certified statements furnished by the trustee, the same fees per one hundred (100) words as are allowed clerks of courts for certified copies of records. Acts 1919, ch. 193, § 108; Shan. Supp., § 1682a122; Code 1932, § 2937; T.C.A. (orig. ed.), § 54-1624.
For collecting and paying out the assessments under this chapter, the county trustee shall receive as compensation two percent (2%) on all amounts paid out by the trustee; and for any certified statements furnished by the trustee, the same fees per one hundred (100) words as are allowed clerks of courts for certified copies of records.
Acts 1919, ch. 193, § 108; Shan. Supp., § 1682a122; Code 1932, § 2937; T.C.A. (orig. ed.), § 54-1624.
Tenn. Code Ann. § 54-4-204 — TN Code / Title 54 / Chapter 4 / Section 54-4-204
State street aid fund - Funding mass transit
Status: in_force

(a) Except as provided in subsection (f), each municipality shall keep all funds received from the municipal street aid fund in a separate fund designated as the state street aid fund and may expend the funds only for one (1) or more of the following purposes: (1) Street improvements; (2) Principal of and interest on bonds or other indebtedness incurred to pay for street improvements issued after February 19, 1953. The funds may be specifically pledged as security for the bonds or other indebtedness; (3) The municipality's part of the cost of acquiring rights-of-way for approaches to bridges and tunnels; (4) To pay the city's part of the cost of grade eliminations on streets and highways, including state and federal highways; and (5) Not to exceed one-third (1/3) of the total costs of rights-of-way for state or federal highways within the municipality's corporate boundaries. (b) A municipality, in its discretion, may use the funds to pay for street improvement work by the department of transportation or by a county highway or road department or by another municipality, performed under an agreement with the state, county or municipality. (c) Each municipality shall keep records of receipts into and expenditures from its state street aid fund, in accordance with sound municipal accounting practices, and shall have made an audit at the end of each fiscal year of the accounts of the fund by a certified public accountant, or a public accountant unless otherwise provided by law, and shall submit one (1) certified copy of the audit to the comptroller of the treasury to be reviewed for compliance with this part and minimum standards for municipal audits prescribed by the comptroller of the treasury. (d) (1) All purchases made with state street aid funds by a municipality shall be made in conformity with public advertisement and competitive bidding laws applicable to the particular municipality. (2) Nothing in subdivision (d)(1) shall be interpreted as requiring any municipality to employ a licensed engineer to prepare bid specifications and estimates. (e) Notwithstanding any other law to the contrary, funds in the municipal street aid fund may be expended by municipalities receiving the funds for the purpose of funding mass transit systems. No more than twenty-two and twenty-two one hundredths percent (22.22%) of the funds may be used for the purpose of funding mass transit. (f) Upon written request of a municipality, the comptroller of the treasury may authorize that funds received from the municipal street aid fund may be kept and accounted for in the general fund of the municipality; provided, that revenues and expenditures related to funds received from the municipal street aid fund shall be accounted for separately in the general fund in a manner that allows identification of the source of revenue and the expenditures related to the revenue. Acts 1953, ch. 1, § 4 (Williams, § 3407.23); impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 212, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-409; Acts 1980, ch. 881, § 2; impl. am. Acts 1981, ch. 264, § 12; Acts 1981, ch. 366, § 6; 1985, ch. 173, §§ 1, 2; 1995, ch. 31, § 1; 1996, ch. 611, § 1.
(a) Except as provided in subsection (f), each municipality shall keep all funds received from the municipal street aid fund in a separate fund designated as the state street aid fund and may expend the funds only for one (1) or more of the following purposes: (1) Street improvements; (2) Principal of and interest on bonds or other indebtedness incurred to pay for street improvements issued after February 19, 1953. The funds may be specifically pledged as security for the bonds or other indebtedness; (3) The municipality's part of the cost of acquiring rights-of-way for approaches to bridges and tunnels; (4) To pay the city's part of the cost of grade eliminations on streets and highways, including state and federal highways; and (5) Not to exceed one-third (1/3) of the total costs of rights-of-way for state or federal highways within the municipality's corporate boundaries.
(1) Street improvements;
(2) Principal of and interest on bonds or other indebtedness incurred to pay for street improvements issued after February 19, 1953. The funds may be specifically pledged as security for the bonds or other indebtedness;
(3) The municipality's part of the cost of acquiring rights-of-way for approaches to bridges and tunnels;
(4) To pay the city's part of the cost of grade eliminations on streets and highways, including state and federal highways; and
(5) Not to exceed one-third (1/3) of the total costs of rights-of-way for state or federal highways within the municipality's corporate boundaries.
(b) A municipality, in its discretion, may use the funds to pay for street improvement work by the department of transportation or by a county highway or road department or by another municipality, performed under an agreement with the state, county or municipality.
(c) Each municipality shall keep records of receipts into and expenditures from its state street aid fund, in accordance with sound municipal accounting practices, and shall have made an audit at the end of each fiscal year of the accounts of the fund by a certified public accountant, or a public accountant unless otherwise provided by law, and shall submit one (1) certified copy of the audit to the comptroller of the treasury to be reviewed for compliance with this part and minimum standards for municipal audits prescribed by the comptroller of the treasury.
(d) (1) All purchases made with state street aid funds by a municipality shall be made in conformity with public advertisement and competitive bidding laws applicable to the particular municipality. (2) Nothing in subdivision (d)(1) shall be interpreted as requiring any municipality to employ a licensed engineer to prepare bid specifications and estimates.
(1) All purchases made with state street aid funds by a municipality shall be made in conformity with public advertisement and competitive bidding laws applicable to the particular municipality.
(2) Nothing in subdivision (d)(1) shall be interpreted as requiring any municipality to employ a licensed engineer to prepare bid specifications and estimates.
(e) Notwithstanding any other law to the contrary, funds in the municipal street aid fund may be expended by municipalities receiving the funds for the purpose of funding mass transit systems. No more than twenty-two and twenty-two one hundredths percent (22.22%) of the funds may be used for the purpose of funding mass transit.
(f) Upon written request of a municipality, the comptroller of the treasury may authorize that funds received from the municipal street aid fund may be kept and accounted for in the general fund of the municipality; provided, that revenues and expenditures related to funds received from the municipal street aid fund shall be accounted for separately in the general fund in a manner that allows identification of the source of revenue and the expenditures related to the revenue.
Acts 1953, ch. 1, § 4 (Williams, § 3407.23); impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 212, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-409; Acts 1980, ch. 881, § 2; impl. am. Acts 1981, ch. 264, § 12; Acts 1981, ch. 366, § 6; 1985, ch. 173, §§ 1, 2; 1995, ch. 31, § 1; 1996, ch. 611, § 1.
Tenn. Code Ann. § 54-11-106 — TN Code / Title 54 / Chapter 11 / Section 54-11-106
Return of certificate of completion - Payment
Status: in_force

Each contractor shall return to the August session of the county legislative body, or some subsequent session, a certificate, with two (2) responsible freeholders signed as witnesses, that the contractor has complied with the law set forth in § 54-11-103 . Then the county mayor shall issue a warrant, which shall be paid as other county claims. Acts 1859-1860, ch. 115, § 5; Shan., § 1746; Code 1932, § 3072; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22; modified; T.C.A. (orig. ed.), § 54-1106; Acts 2003, ch. 90, § 2.
Each contractor shall return to the August session of the county legislative body, or some subsequent session, a certificate, with two (2) responsible freeholders signed as witnesses, that the contractor has complied with the law set forth in § 54-11-103 . Then the county mayor shall issue a warrant, which shall be paid as other county claims.
Acts 1859-1860, ch. 115, § 5; Shan., § 1746; Code 1932, § 3072; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22; modified; T.C.A. (orig. ed.), § 54-1106; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 54-9-204 — TN Code / Title 54 / Chapter 9 / Section 54-9-204
County highway bond account - Expenditure of funds
Status: in_force

In accordance with the bond resolution, the county trustee shall place in a special account, known as the county highway bond account, the amounts of state-aid road funds and state aid funds received for county highway purposes, but not exceeding fifty percent (50%) of the state aid funds, pledged to the payment of the principal of and interest on the bonds. The funds shall be expended for no other purpose. When an amount has been accumulated sufficient to pay the principal amount of the bonds, plus interest, the county trustee shall not place additional funds in the account. Acts 1959, ch. 320, § 4; T.C.A., § 54-847; Acts 1983, ch. 320, § 9; 1988, ch. 750, § 56.
In accordance with the bond resolution, the county trustee shall place in a special account, known as the county highway bond account, the amounts of state-aid road funds and state aid funds received for county highway purposes, but not exceeding fifty percent (50%) of the state aid funds, pledged to the payment of the principal of and interest on the bonds. The funds shall be expended for no other purpose. When an amount has been accumulated sufficient to pay the principal amount of the bonds, plus interest, the county trustee shall not place additional funds in the account.
Acts 1959, ch. 320, § 4; T.C.A., § 54-847; Acts 1983, ch. 320, § 9; 1988, ch. 750, § 56.
Tenn. Code Ann. § 54-10-112 — TN Code / Title 54 / Chapter 10 / Section 54-10-112
Possession of municipal or county traffic control sign prohibited
Status: in_force

(a) The possession of a municipal or county traffic control 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 traffic control sign, is a Class B misdemeanor punishable by a fine only of no more than five hundred dollars ($500). The possession of each traffic control sign in violation of this section shall be considered a separate offense. (b) This section shall only apply to a municipal or county traffic control sign that contains markings or other form of identification on the traffic control 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 the 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 traffic control 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 traffic control signs that are acquired or erected after July 1, 1998. Acts 1998, ch. 917, § 1.
(a) The possession of a municipal or county traffic control 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 traffic control sign, is a Class B misdemeanor punishable by a fine only of no more than five hundred dollars ($500). The possession of each traffic control sign in violation of this section shall be considered a separate offense.
(b) This section shall only apply to a municipal or county traffic control sign that contains markings or other form of identification on the traffic control 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 the 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 traffic control 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 traffic control signs that are acquired or erected after July 1, 1998.
Acts 1998, ch. 917, § 1.
Tenn. Code Ann. § 54-5-1305 — TN Code / Title 54 / Chapter 5 / Section 54-5-1305
Maintenance of inventory of signs
Status: in_force

The department of transportation shall develop and maintain an inventory of TODS signs located within state highway rights-of-way, including signs erected by the department or any other person or entity, and indicating whether the signs are located within, or outside, the corporate limits of a municipality. The initial inventory shall be completed by no later than July 1, 2018. Acts 2015, ch. 892, § 4.
The department of transportation shall develop and maintain an inventory of TODS signs located within state highway rights-of-way, including signs erected by the department or any other person or entity, and indicating whether the signs are located within, or outside, the corporate limits of a municipality. The initial inventory shall be completed by no later than July 1, 2018.
Acts 2015, ch. 892, § 4.
Tenn. Code Ann. § 54-5-145 — TN Code / Title 54 / Chapter 5 / Section 54-5-145
Definition of driver under the influence - Limitation of liability for accidents in road construction zones
Status: in_force

(a) (1) In this subsection (a), "driver under the influence" means a driver who was under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system, or the alcohol concentration in such person's blood or breath was eight-hundredths of one percent (.08%) or more in violation of title 55, chapter 10, part 4. (2) In a civil action for the death of or injury to a person, or for damage to property, against the department of transportation or its agents, consultants, or contractors for work performed on a highway, road, street, bridge, or other transportation facility when the death, injury, or damage resulted from a motor vehicle crash within a construction zone in which the driver of one (1) of the vehicles was under the influence as defined in subdivision (a)(1), or one (1) of the drivers was convicted of reckless driving in violation of § 55-10-205 , and the driver's reckless driving or driving under the influence was a cause in fact and proximate cause of the accident, then it is presumed that the department of transportation, its agents, consultants, or contractors, are not the cause in fact and proximate cause of the accident and any death, injury, or damage resulting from the accident. This presumption can only be overcome if the malicious, intentional, fraudulent or reckless misconduct of the department of transportation, or of its agents, consultants, or contractors, was a proximate cause of such person's death, injury, or damage. (b) (1) A contractor who constructs, maintains, or repairs a highway, road, street, bridge, or other transportation facility for the department of transportation is not liable to a claimant for personal injury, property damage, or death arising from the performance of such construction, maintenance, or repair if, at the time of the personal injury, property damage, or death, the contractor was in compliance with contract documents material to the condition that was the proximate cause of the personal injury, property damage, or death. (2) The limitation on liability contained in this subsection (b) does not apply when a proximate cause of the personal injury, property damage, or death is a latent condition, defect, error, or omission that was created by the contractor and not a defect, error, or omission in the contract documents; or when the proximate cause of the personal injury, property damage, or death was the contractor's failure to perform, update, or comply with the maintenance of traffic safety plan as required by the contract documents. (3) The contractor has a duty to provide the department of transportation with written notice of any apparent error or omission in the contract documents, and nothing in this subsection (b) shall be interpreted or construed as relieving the contractor of any obligation to provide the department of transportation with written notice of any apparent error or omission in the contract documents. (4) Nothing in this subsection (b) shall be interpreted or construed to alter or affect any claim of the department of transportation against such contractor. (5) This subsection (b) does not affect any claim of any entity against such contractor, which claim is associated with such entity's facilities on or in department of transportation roads or other transportation facilities. (c) (1) In all cases involving personal injury, property damage, or death, a person or entity who contracts to prepare or provide engineering plans for the construction or repair of a highway, road, street, bridge, or other transportation facility for the department of transportation shall be presumed to have prepared such engineering plans using the degree of care and skill ordinarily exercised by other engineers in the field under similar conditions and in similar localities and with due regard for acceptable engineering standards and principles if the engineering plans conformed to the department of transportation's design standards material to the condition or defect that was the proximate cause of the personal injury, property damage, or death. (2) This presumption can be overcome only upon a showing of the person's or entity's gross negligence in the preparation of the engineering plans and shall not be interpreted or construed to alter or affect any claim of the department of transportation against such person or entity. (3) The limitation on liability contained in this subsection (c) shall not apply to any hidden or undiscoverable condition created by the engineer. (4) This subsection (c) does not affect any claim of any entity against such engineer or engineering firm, which claim is associated with such entity's facilities on or in department of transportation roads or other transportation facilities. (5) The engineer has a duty to provide the department of transportation with written notice of any apparent error or omission in the department of transportation's design standards, and nothing in this subsection (c) shall be interpreted or construed as relieving the engineer of any obligation to provide the department of transportation with written notice of any apparent error or omission in the department of transportation's design standards. (6) Nothing in this subsection (c) shall be interpreted or construed to alter or affect any claim the department of transportation has against such engineer. (d) In any civil action for death, injury, or damages against the department of transportation or its agents, consultants, engineers, or contractors for work performed on a highway, road, street, bridge, or other transportation facility, if the department, its agents, consultants, engineers, or contractors are immune from liability pursuant to this section or are not parties to the litigation, they may not be named on the jury verdict form or be found to be at fault or responsible for the injury, death, or damage that gave rise to the damages. Amended by 2013 Tenn. Acts, ch. 154,s 45, eff. 7/1/2013. Acts 2011, ch. 480, § 1.
(a) (1) In this subsection (a), "driver under the influence" means a driver who was under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system, or the alcohol concentration in such person's blood or breath was eight-hundredths of one percent (.08%) or more in violation of title 55, chapter 10, part 4. (2) In a civil action for the death of or injury to a person, or for damage to property, against the department of transportation or its agents, consultants, or contractors for work performed on a highway, road, street, bridge, or other transportation facility when the death, injury, or damage resulted from a motor vehicle crash within a construction zone in which the driver of one (1) of the vehicles was under the influence as defined in subdivision (a)(1), or one (1) of the drivers was convicted of reckless driving in violation of § 55-10-205 , and the driver's reckless driving or driving under the influence was a cause in fact and proximate cause of the accident, then it is presumed that the department of transportation, its agents, consultants, or contractors, are not the cause in fact and proximate cause of the accident and any death, injury, or damage resulting from the accident. This presumption can only be overcome if the malicious, intentional, fraudulent or reckless misconduct of the department of transportation, or of its agents, consultants, or contractors, was a proximate cause of such person's death, injury, or damage.
(1) In this subsection (a), "driver under the influence" means a driver who was under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system, or the alcohol concentration in such person's blood or breath was eight-hundredths of one percent (.08%) or more in violation of title 55, chapter 10, part 4.
(2) In a civil action for the death of or injury to a person, or for damage to property, against the department of transportation or its agents, consultants, or contractors for work performed on a highway, road, street, bridge, or other transportation facility when the death, injury, or damage resulted from a motor vehicle crash within a construction zone in which the driver of one (1) of the vehicles was under the influence as defined in subdivision (a)(1), or one (1) of the drivers was convicted of reckless driving in violation of § 55-10-205 , and the driver's reckless driving or driving under the influence was a cause in fact and proximate cause of the accident, then it is presumed that the department of transportation, its agents, consultants, or contractors, are not the cause in fact and proximate cause of the accident and any death, injury, or damage resulting from the accident. This presumption can only be overcome if the malicious, intentional, fraudulent or reckless misconduct of the department of transportation, or of its agents, consultants, or contractors, was a proximate cause of such person's death, injury, or damage.
(b) (1) A contractor who constructs, maintains, or repairs a highway, road, street, bridge, or other transportation facility for the department of transportation is not liable to a claimant for personal injury, property damage, or death arising from the performance of such construction, maintenance, or repair if, at the time of the personal injury, property damage, or death, the contractor was in compliance with contract documents material to the condition that was the proximate cause of the personal injury, property damage, or death. (2) The limitation on liability contained in this subsection (b) does not apply when a proximate cause of the personal injury, property damage, or death is a latent condition, defect, error, or omission that was created by the contractor and not a defect, error, or omission in the contract documents; or when the proximate cause of the personal injury, property damage, or death was the contractor's failure to perform, update, or comply with the maintenance of traffic safety plan as required by the contract documents. (3) The contractor has a duty to provide the department of transportation with written notice of any apparent error or omission in the contract documents, and nothing in this subsection (b) shall be interpreted or construed as relieving the contractor of any obligation to provide the department of transportation with written notice of any apparent error or omission in the contract documents. (4) Nothing in this subsection (b) shall be interpreted or construed to alter or affect any claim of the department of transportation against such contractor. (5) This subsection (b) does not affect any claim of any entity against such contractor, which claim is associated with such entity's facilities on or in department of transportation roads or other transportation facilities.
(1) A contractor who constructs, maintains, or repairs a highway, road, street, bridge, or other transportation facility for the department of transportation is not liable to a claimant for personal injury, property damage, or death arising from the performance of such construction, maintenance, or repair if, at the time of the personal injury, property damage, or death, the contractor was in compliance with contract documents material to the condition that was the proximate cause of the personal injury, property damage, or death.
(2) The limitation on liability contained in this subsection (b) does not apply when a proximate cause of the personal injury, property damage, or death is a latent condition, defect, error, or omission that was created by the contractor and not a defect, error, or omission in the contract documents; or when the proximate cause of the personal injury, property damage, or death was the contractor's failure to perform, update, or comply with the maintenance of traffic safety plan as required by the contract documents.
(3) The contractor has a duty to provide the department of transportation with written notice of any apparent error or omission in the contract documents, and nothing in this subsection (b) shall be interpreted or construed as relieving the contractor of any obligation to provide the department of transportation with written notice of any apparent error or omission in the contract documents.
(4) Nothing in this subsection (b) shall be interpreted or construed to alter or affect any claim of the department of transportation against such contractor.
(5) This subsection (b) does not affect any claim of any entity against such contractor, which claim is associated with such entity's facilities on or in department of transportation roads or other transportation facilities.
(c) (1) In all cases involving personal injury, property damage, or death, a person or entity who contracts to prepare or provide engineering plans for the construction or repair of a highway, road, street, bridge, or other transportation facility for the department of transportation shall be presumed to have prepared such engineering plans using the degree of care and skill ordinarily exercised by other engineers in the field under similar conditions and in similar localities and with due regard for acceptable engineering standards and principles if the engineering plans conformed to the department of transportation's design standards material to the condition or defect that was the proximate cause of the personal injury, property damage, or death. (2) This presumption can be overcome only upon a showing of the person's or entity's gross negligence in the preparation of the engineering plans and shall not be interpreted or construed to alter or affect any claim of the department of transportation against such person or entity. (3) The limitation on liability contained in this subsection (c) shall not apply to any hidden or undiscoverable condition created by the engineer. (4) This subsection (c) does not affect any claim of any entity against such engineer or engineering firm, which claim is associated with such entity's facilities on or in department of transportation roads or other transportation facilities. (5) The engineer has a duty to provide the department of transportation with written notice of any apparent error or omission in the department of transportation's design standards, and nothing in this subsection (c) shall be interpreted or construed as relieving the engineer of any obligation to provide the department of transportation with written notice of any apparent error or omission in the department of transportation's design standards. (6) Nothing in this subsection (c) shall be interpreted or construed to alter or affect any claim the department of transportation has against such engineer.
(1) In all cases involving personal injury, property damage, or death, a person or entity who contracts to prepare or provide engineering plans for the construction or repair of a highway, road, street, bridge, or other transportation facility for the department of transportation shall be presumed to have prepared such engineering plans using the degree of care and skill ordinarily exercised by other engineers in the field under similar conditions and in similar localities and with due regard for acceptable engineering standards and principles if the engineering plans conformed to the department of transportation's design standards material to the condition or defect that was the proximate cause of the personal injury, property damage, or death.
(2) This presumption can be overcome only upon a showing of the person's or entity's gross negligence in the preparation of the engineering plans and shall not be interpreted or construed to alter or affect any claim of the department of transportation against such person or entity.
(3) The limitation on liability contained in this subsection (c) shall not apply to any hidden or undiscoverable condition created by the engineer.
(4) This subsection (c) does not affect any claim of any entity against such engineer or engineering firm, which claim is associated with such entity's facilities on or in department of transportation roads or other transportation facilities.
(5) The engineer has a duty to provide the department of transportation with written notice of any apparent error or omission in the department of transportation's design standards, and nothing in this subsection (c) shall be interpreted or construed as relieving the engineer of any obligation to provide the department of transportation with written notice of any apparent error or omission in the department of transportation's design standards.
(6) Nothing in this subsection (c) shall be interpreted or construed to alter or affect any claim the department of transportation has against such engineer.
(d) In any civil action for death, injury, or damages against the department of transportation or its agents, consultants, engineers, or contractors for work performed on a highway, road, street, bridge, or other transportation facility, if the department, its agents, consultants, engineers, or contractors are immune from liability pursuant to this section or are not parties to the litigation, they may not be named on the jury verdict form or be found to be at fault or responsible for the injury, death, or damage that gave rise to the damages.
Amended by 2013 Tenn. Acts, ch. 154,s 45, eff. 7/1/2013.
Acts 2011, ch. 480, § 1.
Tenn. Code Ann. § 54-16-113 — TN Code / Title 54 / Chapter 16 / Section 54-16-113
Removal of vehicles, spilled cargo or other personal property
Status: in_force

(a) The department of safety, department of transportation, or local law enforcement agency may immediately remove or cause to be removed any wrecked, abandoned, unattended, burned or partially dismantled vehicle, spilled cargo or other personal property from the roadway of a controlled-access highway if the vehicle, cargo or personal property is creating an obstruction or hazard to traffic because of its position in relation to the highway, as determined by authorized officers or employees of the department or agency. (b) (1) Vehicles, cargo or personal property may be removed to any place within the immediate vicinity without any further action or obligation by the department of transportation, department of safety, local law enforcement agency or others acting at the direction of such department or agency; provided, however, that in the event of a motor vehicle accident that results in apparent serious personal injury or death, no removal shall occur until a law enforcement officer determines that adequate information has been obtained for preparation of an accident report. (2) When the property creating an obstruction or hazard to traffic is a motor carrier, as defined in § 65-15-102 , the agency causing its removal shall make a reasonable effort to allow the owner of the vehicle to arrange for its removal and shall give due consideration to having the vehicle towed by a licensed towing service capable of safely moving the vehicle in question. The final decision on removal shall rest with the agency causing the removal. (c) The removal of vehicles away from the immediate vicinity by law enforcement agencies pursuant to this section shall be subject to the same procedures as set forth in title 55, chapter 16. If the department of transportation removes or orders the removal of a vehicle away from the immediate vicinity, the department shall notify the department of safety or the local law enforcement agency, and the department of transportation shall follow the same procedures as in title 55, chapter 16; provided, that the department of transportation may make arrangements with the department of safety or local law enforcement agency to act on behalf of the department of transportation in complying with title 55, chapter 16. (d) If the department of safety, department of transportation, or local law enforcement agency removes or orders the removal of spilled cargo or personal property away from the immediate vicinity, the department or agency shall make reasonable efforts to notify the owner, if known, and shall allow the owner at least forty-eight (48) hours to claim the cargo or personal property; however, the department or agency may immediately dispose or arrange for the disposal of any cargo, personal property or other debris that is damaged beyond use or repair. (e) (1) Any liability of the department of safety or the department of transportation for damage to vehicles or cargo resulting from removal pursuant to this section shall be determined in accordance with title 9, chapter 8, part 3. (2) Any liability of local law enforcement agencies for damage to vehicles or cargo resulting from removal pursuant to this section shall be determined in accordance with the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20, part 1. (f) The department of safety, department of transportation, or local law enforcement agency may require the owner and carrier, if any, of the vehicle, spilled cargo or other personal property removed or disposed of under the authority of this section to pay for any costs incurred in the removal and subsequent disposition of the vehicle, spilled cargo or other personal property. Acts 2000, ch. 806, § 1.
(a) The department of safety, department of transportation, or local law enforcement agency may immediately remove or cause to be removed any wrecked, abandoned, unattended, burned or partially dismantled vehicle, spilled cargo or other personal property from the roadway of a controlled-access highway if the vehicle, cargo or personal property is creating an obstruction or hazard to traffic because of its position in relation to the highway, as determined by authorized officers or employees of the department or agency.
(b) (1) Vehicles, cargo or personal property may be removed to any place within the immediate vicinity without any further action or obligation by the department of transportation, department of safety, local law enforcement agency or others acting at the direction of such department or agency; provided, however, that in the event of a motor vehicle accident that results in apparent serious personal injury or death, no removal shall occur until a law enforcement officer determines that adequate information has been obtained for preparation of an accident report. (2) When the property creating an obstruction or hazard to traffic is a motor carrier, as defined in § 65-15-102 , the agency causing its removal shall make a reasonable effort to allow the owner of the vehicle to arrange for its removal and shall give due consideration to having the vehicle towed by a licensed towing service capable of safely moving the vehicle in question. The final decision on removal shall rest with the agency causing the removal.
(1) Vehicles, cargo or personal property may be removed to any place within the immediate vicinity without any further action or obligation by the department of transportation, department of safety, local law enforcement agency or others acting at the direction of such department or agency; provided, however, that in the event of a motor vehicle accident that results in apparent serious personal injury or death, no removal shall occur until a law enforcement officer determines that adequate information has been obtained for preparation of an accident report.
(2) When the property creating an obstruction or hazard to traffic is a motor carrier, as defined in § 65-15-102 , the agency causing its removal shall make a reasonable effort to allow the owner of the vehicle to arrange for its removal and shall give due consideration to having the vehicle towed by a licensed towing service capable of safely moving the vehicle in question. The final decision on removal shall rest with the agency causing the removal.
(c) The removal of vehicles away from the immediate vicinity by law enforcement agencies pursuant to this section shall be subject to the same procedures as set forth in title 55, chapter 16. If the department of transportation removes or orders the removal of a vehicle away from the immediate vicinity, the department shall notify the department of safety or the local law enforcement agency, and the department of transportation shall follow the same procedures as in title 55, chapter 16; provided, that the department of transportation may make arrangements with the department of safety or local law enforcement agency to act on behalf of the department of transportation in complying with title 55, chapter 16.
(d) If the department of safety, department of transportation, or local law enforcement agency removes or orders the removal of spilled cargo or personal property away from the immediate vicinity, the department or agency shall make reasonable efforts to notify the owner, if known, and shall allow the owner at least forty-eight (48) hours to claim the cargo or personal property; however, the department or agency may immediately dispose or arrange for the disposal of any cargo, personal property or other debris that is damaged beyond use or repair.
(e) (1) Any liability of the department of safety or the department of transportation for damage to vehicles or cargo resulting from removal pursuant to this section shall be determined in accordance with title 9, chapter 8, part 3. (2) Any liability of local law enforcement agencies for damage to vehicles or cargo resulting from removal pursuant to this section shall be determined in accordance with the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20, part 1.
(1) Any liability of the department of safety or the department of transportation for damage to vehicles or cargo resulting from removal pursuant to this section shall be determined in accordance with title 9, chapter 8, part 3.
(2) Any liability of local law enforcement agencies for damage to vehicles or cargo resulting from removal pursuant to this section shall be determined in accordance with the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20, part 1.
(f) The department of safety, department of transportation, or local law enforcement agency may require the owner and carrier, if any, of the vehicle, spilled cargo or other personal property removed or disposed of under the authority of this section to pay for any costs incurred in the removal and subsequent disposition of the vehicle, spilled cargo or other personal property.
Acts 2000, ch. 806, § 1.