Tenn. Code Ann. § 13-20-704 — TN Code / Title 13 / Chapter 20 / Section 13-20-704
Transit-oriented redevelopment plan
Status: in_force

(a) (1) An authority shall not initiate any transit-oriented redevelopment project under this part until the governing body, or the agency designated by the governing body or empowered by law so to act, of the municipality in which any of the area to be covered by the transit-oriented redevelopment project is situated, has approved a transit-oriented redevelopment plan, which provides an outline for the development or redevelopment of the area and is sufficiently complete to: (A) Indicate its relationship to definite local objectives as to appropriate land uses and improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements; (B) Indicate proposed land uses and building requirements in the area; and (C) Indicate the method of the temporary relocation of persons living in such areas, and also the method of providing, unless already available, decent, safe, and sanitary dwellings substantially equal in number to the number of substandard dwellings to be cleared from the area, at rents within the financial reach of the income groups displaced from such substandard dwellings. Such municipalities are authorized to approve redevelopment plans through their governing body or the agency designated by the governing body for that purpose. Any state public body referred to in § 13-20-110 may cooperate with and assist housing authorities with respect to transit-oriented redevelopment projects in the same manner as though the section were applicable to transit-oriented redevelopment projects. (2) Any disapproval of any transit-oriented redevelopment project by the governing body of a county as authorized by this section shall, however, be automatically dissolved wherever written agreement duly approved by the governing body of the municipality involved is furnished to the county governing body; provided, that the agreement shall exempt the county property tax levy and all proceeds from it generated within the transit-oriented redevelopment project from the tax increment financing provisions specified in § 13-20-706(a) . (3) A governing body shall not approve a plan until after a public hearing has been held by the governing body, or agency designated by it or empowered by law so to act, to determine the necessity for the adoption of the plan, including the matters set forth in subdivision (a)(1). Notice of such public hearing shall be given in the following manner: (A) By publishing once a week for three (3) consecutive weeks immediately preceding the public hearing in each newspaper of general circulation published in the municipality notice of the time, place, and purpose of the public hearing. The notice must include a facsimile of a map of the area to be included in the plan, with the streets or other lines marking the boundaries of the area clearly indicated, and which map shall be not less than four (4) columns in width; and (B) By written notice to at least one (1) of the owners or at least one (1) of the occupants of each parcel of property within the area to be included within the plan of the time, place, and purpose of the public hearing. The notice must be sent not more than thirty (30) days and not less than ten (10) days before the hearing by mail, postage prepaid, or delivered, to such owners or occupants. (4) The failure to give notice required in subdivision (a)(3) may be raised as a defense on the trial of the issue of the right of the housing authority to acquire the property by eminent domain under § 13-20-703(c) ; provided, that the defense may be raised only by an owner or occupant having an interest in the property. Such failure to provide notice shall constitute a defense unless in the judgment of the court there has been compliance with subdivision (a)(3)(A) and substantial compliance with subdivision (a)(3)(B) by mailing or delivering the notice to at least one (1) owner or one (1) occupant of two-thirds (2/3) of the lots or parcels of property within the affected area. (b) (1) An authority shall vote to approve or disapprove an amendment to a transit-oriented redevelopment plan initiated by the governing body of the municipality within sixty (60) days of the amendment being submitted by the governing body. (2) A governing body of a municipality shall vote to approve or disapprove an amendment to a transit-oriented redevelopment plan initiated by an authority within sixty (60) days of the amendment being submitted by the authority. Amended by 2019 Tenn. Acts, ch. 317,s 2, eff. 7/1/2019. Added by 2017 Tenn. Acts, ch. 254,s 1, eff. 5/2/2017.
(a) (1) An authority shall not initiate any transit-oriented redevelopment project under this part until the governing body, or the agency designated by the governing body or empowered by law so to act, of the municipality in which any of the area to be covered by the transit-oriented redevelopment project is situated, has approved a transit-oriented redevelopment plan, which provides an outline for the development or redevelopment of the area and is sufficiently complete to: (A) Indicate its relationship to definite local objectives as to appropriate land uses and improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements; (B) Indicate proposed land uses and building requirements in the area; and (C) Indicate the method of the temporary relocation of persons living in such areas, and also the method of providing, unless already available, decent, safe, and sanitary dwellings substantially equal in number to the number of substandard dwellings to be cleared from the area, at rents within the financial reach of the income groups displaced from such substandard dwellings. Such municipalities are authorized to approve redevelopment plans through their governing body or the agency designated by the governing body for that purpose. Any state public body referred to in § 13-20-110 may cooperate with and assist housing authorities with respect to transit-oriented redevelopment projects in the same manner as though the section were applicable to transit-oriented redevelopment projects. (2) Any disapproval of any transit-oriented redevelopment project by the governing body of a county as authorized by this section shall, however, be automatically dissolved wherever written agreement duly approved by the governing body of the municipality involved is furnished to the county governing body; provided, that the agreement shall exempt the county property tax levy and all proceeds from it generated within the transit-oriented redevelopment project from the tax increment financing provisions specified in § 13-20-706(a) . (3) A governing body shall not approve a plan until after a public hearing has been held by the governing body, or agency designated by it or empowered by law so to act, to determine the necessity for the adoption of the plan, including the matters set forth in subdivision (a)(1). Notice of such public hearing shall be given in the following manner: (A) By publishing once a week for three (3) consecutive weeks immediately preceding the public hearing in each newspaper of general circulation published in the municipality notice of the time, place, and purpose of the public hearing. The notice must include a facsimile of a map of the area to be included in the plan, with the streets or other lines marking the boundaries of the area clearly indicated, and which map shall be not less than four (4) columns in width; and (B) By written notice to at least one (1) of the owners or at least one (1) of the occupants of each parcel of property within the area to be included within the plan of the time, place, and purpose of the public hearing. The notice must be sent not more than thirty (30) days and not less than ten (10) days before the hearing by mail, postage prepaid, or delivered, to such owners or occupants. (4) The failure to give notice required in subdivision (a)(3) may be raised as a defense on the trial of the issue of the right of the housing authority to acquire the property by eminent domain under § 13-20-703(c) ; provided, that the defense may be raised only by an owner or occupant having an interest in the property. Such failure to provide notice shall constitute a defense unless in the judgment of the court there has been compliance with subdivision (a)(3)(A) and substantial compliance with subdivision (a)(3)(B) by mailing or delivering the notice to at least one (1) owner or one (1) occupant of two-thirds (2/3) of the lots or parcels of property within the affected area.
(1) An authority shall not initiate any transit-oriented redevelopment project under this part until the governing body, or the agency designated by the governing body or empowered by law so to act, of the municipality in which any of the area to be covered by the transit-oriented redevelopment project is situated, has approved a transit-oriented redevelopment plan, which provides an outline for the development or redevelopment of the area and is sufficiently complete to: (A) Indicate its relationship to definite local objectives as to appropriate land uses and improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements; (B) Indicate proposed land uses and building requirements in the area; and (C) Indicate the method of the temporary relocation of persons living in such areas, and also the method of providing, unless already available, decent, safe, and sanitary dwellings substantially equal in number to the number of substandard dwellings to be cleared from the area, at rents within the financial reach of the income groups displaced from such substandard dwellings. Such municipalities are authorized to approve redevelopment plans through their governing body or the agency designated by the governing body for that purpose. Any state public body referred to in § 13-20-110 may cooperate with and assist housing authorities with respect to transit-oriented redevelopment projects in the same manner as though the section were applicable to transit-oriented redevelopment projects.
(A) Indicate its relationship to definite local objectives as to appropriate land uses and improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements;
(B) Indicate proposed land uses and building requirements in the area; and
(C) Indicate the method of the temporary relocation of persons living in such areas, and also the method of providing, unless already available, decent, safe, and sanitary dwellings substantially equal in number to the number of substandard dwellings to be cleared from the area, at rents within the financial reach of the income groups displaced from such substandard dwellings. Such municipalities are authorized to approve redevelopment plans through their governing body or the agency designated by the governing body for that purpose. Any state public body referred to in § 13-20-110 may cooperate with and assist housing authorities with respect to transit-oriented redevelopment projects in the same manner as though the section were applicable to transit-oriented redevelopment projects.
(2) Any disapproval of any transit-oriented redevelopment project by the governing body of a county as authorized by this section shall, however, be automatically dissolved wherever written agreement duly approved by the governing body of the municipality involved is furnished to the county governing body; provided, that the agreement shall exempt the county property tax levy and all proceeds from it generated within the transit-oriented redevelopment project from the tax increment financing provisions specified in § 13-20-706(a) .
(3) A governing body shall not approve a plan until after a public hearing has been held by the governing body, or agency designated by it or empowered by law so to act, to determine the necessity for the adoption of the plan, including the matters set forth in subdivision (a)(1). Notice of such public hearing shall be given in the following manner: (A) By publishing once a week for three (3) consecutive weeks immediately preceding the public hearing in each newspaper of general circulation published in the municipality notice of the time, place, and purpose of the public hearing. The notice must include a facsimile of a map of the area to be included in the plan, with the streets or other lines marking the boundaries of the area clearly indicated, and which map shall be not less than four (4) columns in width; and (B) By written notice to at least one (1) of the owners or at least one (1) of the occupants of each parcel of property within the area to be included within the plan of the time, place, and purpose of the public hearing. The notice must be sent not more than thirty (30) days and not less than ten (10) days before the hearing by mail, postage prepaid, or delivered, to such owners or occupants.
(A) By publishing once a week for three (3) consecutive weeks immediately preceding the public hearing in each newspaper of general circulation published in the municipality notice of the time, place, and purpose of the public hearing. The notice must include a facsimile of a map of the area to be included in the plan, with the streets or other lines marking the boundaries of the area clearly indicated, and which map shall be not less than four (4) columns in width; and
(B) By written notice to at least one (1) of the owners or at least one (1) of the occupants of each parcel of property within the area to be included within the plan of the time, place, and purpose of the public hearing. The notice must be sent not more than thirty (30) days and not less than ten (10) days before the hearing by mail, postage prepaid, or delivered, to such owners or occupants.
(4) The failure to give notice required in subdivision (a)(3) may be raised as a defense on the trial of the issue of the right of the housing authority to acquire the property by eminent domain under § 13-20-703(c) ; provided, that the defense may be raised only by an owner or occupant having an interest in the property. Such failure to provide notice shall constitute a defense unless in the judgment of the court there has been compliance with subdivision (a)(3)(A) and substantial compliance with subdivision (a)(3)(B) by mailing or delivering the notice to at least one (1) owner or one (1) occupant of two-thirds (2/3) of the lots or parcels of property within the affected area.
(b) (1) An authority shall vote to approve or disapprove an amendment to a transit-oriented redevelopment plan initiated by the governing body of the municipality within sixty (60) days of the amendment being submitted by the governing body. (2) A governing body of a municipality shall vote to approve or disapprove an amendment to a transit-oriented redevelopment plan initiated by an authority within sixty (60) days of the amendment being submitted by the authority.
(1) An authority shall vote to approve or disapprove an amendment to a transit-oriented redevelopment plan initiated by the governing body of the municipality within sixty (60) days of the amendment being submitted by the governing body.
(2) A governing body of a municipality shall vote to approve or disapprove an amendment to a transit-oriented redevelopment plan initiated by an authority within sixty (60) days of the amendment being submitted by the authority.
Amended by 2019 Tenn. Acts, ch. 317,s 2, eff. 7/1/2019.
Added by 2017 Tenn. Acts, ch. 254,s 1, eff. 5/2/2017.
Tenn. Code Ann. § 13-6-106 — TN Code / Title 13 / Chapter 6 / Section 13-6-106
Civil action to enforce compliance - Draft order of compliance
Status: in_force

(a) An acceptable petitioner may file a petition for a judgment in rem against a subject parcel, naming the subject parcel as the defendant and seeking an order that the subject parcel is a public nuisance and for the abatement of the public nuisance. A proceeding pursuant to this section shall be a proceeding in rem. If the applicable municipal corporation is not the acceptable petitioner, then the applicable municipal corporation shall be put on notice of the in rem proceeding and provided with a full copy of the petition as filed by the acceptable petitioner. If the acceptable petitioner has not attached a certificate of public nuisance to the petition, the municipal corporation shall complete an inspection of the subject parcel within thirty (30) calendar days after the first setting of the matter in court, and the court shall promptly schedule a hearing on the issue of public nuisance. At the conclusion of the hearing on the issue of public nuisance, the court shall determine whether or not the issuance of a certificate of public nuisance is warranted. The court shall dismiss the action if the subject parcel is found not to be a public nuisance by the court. (b) The petition filed pursuant to subsection (a) must include a draft order of compliance setting forth the relief requested as described in this section and shall specifically request the appointment of a receiver if an order of compliance pursuant to subsection (e) is entered and if the owner fails to comply with such order. (c) The filing of a petition for a judgment in rem pursuant to subsection (a) shall: (1) Create a receiver's lien that secures an undetermined amount until the court establishes the amount. The receiver's lien shall be a first lien on the subject parcel, which is superior to all prior and subsequent liens or other encumbrances associated with the subject parcel. The acceptable petitioner shall file for record in the register's office of the county an abstract certified by the clerk, within one (1) day of certification by the clerk, containing the names of the parties to the suit, a statement that petition has been filed pursuant to this section, a description of the subject parcel and its ownership, and a brief statement of the nature and amount of the lien sought to be imposed, all in compliance with § 20-3-101 , which filing shall act as a lien lis pendens against the subject parcel. The outstanding principal amount of the receiver's lien carries interest at a standard statutory rate applicable to judgment liens as provided in § 67-5-2010 ; (2) Act as a bar of any transfer of title of the subject parcel or of any interests pertaining to such subject parcel, including, but not limited to, transfers by foreclosure, transfers or creation of lien interests in the subject parcel, or otherwise, from the date of the filing until the petition is dismissed or until specific orders of the court authorizing a transfer of title, if the petition has attached a certificate of public nuisance issued pursuant to subsection (a); and (3) Authorize the municipal corporation, in its discretion, to access the subject parcel for boarding, securing, and maintaining the subject parcel at any time if it has been determined by the court that the owner has failed to do so. Any costs incurred by the municipal corporation shall be charged to the owner. (d) Notice of a petition for a judgment in rem filed pursuant to subsection (a) shall, at a minimum, be provided to each owner and interested person identified by a thorough title search and examination of the subject parcel, including a search of court records of the county where the subject parcel is located. The petitioner shall file with the court a certification that notice has been provided pursuant to this subsection (d). Notice shall be provided by: (1) Sending a copy of the petition by first-class mail to the last known address of record; (2) Posting a copy of the petition in a conspicuous place on the building; (3) Publication of the petition in a newspaper of general circulation published in the county where the subject parcel is located; and (4) Sending a copy of the petition by first-class mail addressed to "occupant" at the subject parcel. (e) If, after a hearing, the subject parcel is found to be a public nuisance, the court shall issue an order of compliance requiring the owner of the subject parcel to produce a plan for the abatement of the public nuisance. The acceptable petitioner shall file such order in the register's office of the county where the subject parcel is located. The plan must comply with subdivision (h)(1) and must be approved by the court. If the owner has commenced work on the subject parcel prior to, or during the pendency of the action, the owner is required to provide a report of the work that has been completed to date, as well as a plan for the abatement of the public nuisance. Once a plan is approved by the court, the municipal corporation shall provide periodic updates to the court on the owner's progress towards completion of the plan and other relevant information about the subject parcel and surrounding area. Upon a finding by the court that the subject parcel is a public nuisance, the court may award all reasonable attorney's fees and costs to the person filing the petition for a judgment in rem. (f) If the owner fails to comply with the court's order of compliance pursuant to subsection (e), the court may allow an interested person the opportunity to undertake the work to abate the public nuisance pursuant to a plan that complies with subdivision (h)(1) submitted by such interested person. (g) If the actions pursuant to subsections (e) and (f) fail to abate the public nuisance, then the court may appoint a receiver to take possession and control of the subject parcel in order to execute a plan submitted by such receiver that complies with either subdivision (h)(1) or (h)(2). A receiver appointed pursuant to this chapter is not personally liable for actions taken pursuant to the receivership except for misfeasance, malfeasance, or nonfeasance in the performance of the functions of the office. (h) (1) A public nuisance abatement plan, if submitted by an owner, interested party, or proposed receiver, must provide the following in writing: (A) A detailed budget for abating the public nuisance; (B) A projected timeline for abating the public nuisance; (C) If repair and rehabilitation of the subject parcel are found not to be feasible, the cost of demolition of the subject parcel or of the portions of the subject parcel that constitute the public nuisance; and (D) The terms, conditions, and availability of any financing that is necessary to abate the public nuisance or a show of sufficient assets. (2) A stabilization plan, if submitted by a proposed receiver, must provide the following in writing: (A) A detailed budget for stabilizing the subject parcel; (B) A projected timeline for stabilizing the subject parcel; and (C) The terms, conditions, and availability of any financing that is necessary to stabilize the subject parcel or a show of sufficient assets. (i) (1) If the court deems a plan submitted by a receiver to be sufficient and appropriate, the court may empower the receiver to: (A) Take possession and control of the subject parcel; (B) Pay all expenses of operating and conserving the subject parcel, including obtaining property insurance; (C) Pay prereceivership mortgages or installments of such mortgages and other liens; (D) Pay all outstanding municipal fines, penalties, expenditures, and assessments and all amounts attributable to state and local taxes and assessments, including all outstanding amounts secured by delinquent property tax liens; provided, that, within thirty (30) days of being appointed, a receiver is required to fully satisfy all outstanding amounts secured by delinquent property tax liens; and (E) Implement the plan; provided, that, if the plan requires demolition, the court shall order that the demolition be done properly and in compliance with applicable laws. (2) The receiver shall file a report with the court every sixty (60) calendar days and, upon completion of work pursuant to the receiver's approved plan, shall file a final report with the court and move for the establishment of the amount of the receiver's lien. If the court finds that work pursuant to the receiver's approved plan has been completed, then the court must establish the amount of the receiver's lien and put the owner on notice that the owner has thirty (30) days from such finding to satisfy the receiver's lien in full. If the owner satisfies the receiver's lien in full during such time, then the receivership must be terminated by order of the court. An owner or interested party that satisfies a receiver's lien established pursuant to a receiver's completion of a stabilization plan pursuant to subdivision (h)(2) shall submit and complete a public nuisance abatement plan pursuant to subdivision (h)(1). (j) If the receiver's lien is not satisfied by the owner pursuant to subdivision (i)(2), the court shall direct the receiver to offer the subject parcel for sale at auction in accordance with the following: (1) The sales procedure shall follow the procedures provided in §§ 35-5-101 - 35-5-109; (2) The minimum bid at a receiver's auction must be the full amount of the receiver's lien; (3) If the receiver has completed work pursuant to an approved stabilization plan authorized by subdivision (h)(2), then only bidders who have been certified by the court as qualified buyers may bid at the receiver's auction. The terms of the auction must include the requirement of a bond or other security, in an amount fixed by the court, ensuring abatement of the public nuisance within nine (9) months of the date of the closing of the sale to the qualified buyer. If a qualified buyer prevails at such an auction and the qualified buyer's bid is approved by the court, then the receiver's plan pursuant to subdivision (h)(2) must be amended by the court to include supervision of the qualified buyer and reports to the court of the qualified buyer's progress until the abatement of the public nuisance is completed, at which time the receivership must be terminated by order of the court after a hearing on the receiver's motion for termination of the receivership; (4) If there is no bidder at the receiver's auction for greater than the minimum bid, the subject parcel shall be transferred by receiver's deed to the receiver, and there shall be no requirement of cash payment of the minimum bid by the receiver; (5) When the successful bid is paid in cash, the amount of the minimum bid must be paid to satisfy the receiver's lien. Any surplus shall be distributed, as approved by the court, to the owner and interested persons in the priority in which their interests encumbered the subject parcel prior to the auction; and (6) The receiver shall report the prevailing bid at the sale to the court, and upon approval by the court, a receiver's deed shall be issued to the successful bidder and promptly recorded in the office of the register of deeds. Title shall be absolute in the purchaser, and the interests of any interested persons prior to the auction shall be terminated as of the date of the auction. Except as provided in subdivision (j)(3), the receivership shall be terminated after the auction by order of the court after a hearing on receiver's motion for termination of the receivership. (k) (1) Nothing in this chapter limits the powers granted to a court having jurisdiction pursuant to § 13-6-107 . (2) The monetary and other limitations specified in § 16-15-501(d)(1) upon any court with jurisdiction over an action described in subsection (a) do not operate as limitations upon any of the following: (A) Expenditures of a mortgagee, lienholder, other interested person, or receiver that has been selected pursuant to subsection (f) or (g) to undertake the work and to furnish the materials necessary to abate a public nuisance; (B) Any notes issued by a receiver; (C) Any mortgage granted by a receiver; (D) Expenditures in connection with the foreclosure of a mortgage granted by a receiver in accordance with subsection (i); (E) The enforcement of an order of a judge entered pursuant to this chapter; or (F) The actions that may be taken pursuant to this chapter by a receiver or a mortgagee, lienholder, or other interested person that has been selected pursuant to subsection (f) or (g) to undertake the work and to furnish the materials necessary to abate a public nuisance. (3) A judge in a civil action described in subsection (a), or the judge's successor in office, has continuing jurisdiction to review and order correction of the condition of any subject parcel that was determined to be a public nuisance pursuant to this chapter. Amended by 2024 Tenn. Acts, ch. 796,s 18, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 796,s 17, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 796,s 16, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 796,s 15, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 796,s 14, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 796,s 13, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 796,s 12, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 796,s 11, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 796,s 10, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 796,s 9, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 796,s 8, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 796,s 7, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 796,s 6, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 796,s 5, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 796,s 4, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 796,s 3, eff. 4/23/2024. Amended by 2018 Tenn. Acts, ch. 779, s 3, eff. 4/19/2018. Amended by 2016 Tenn. Acts, ch. 727, s 6, eff. 4/7/2016. Amended by 2014 Tenn. Acts, ch. 835, Secs.s 1, s 3eff. 4/29/2014. Acts 2007 , ch. 452, §2; 2009 , ch. 424, §§3-5; 2011 , ch. 374, §§ 3-5.
(a) An acceptable petitioner may file a petition for a judgment in rem against a subject parcel, naming the subject parcel as the defendant and seeking an order that the subject parcel is a public nuisance and for the abatement of the public nuisance. A proceeding pursuant to this section shall be a proceeding in rem. If the applicable municipal corporation is not the acceptable petitioner, then the applicable municipal corporation shall be put on notice of the in rem proceeding and provided with a full copy of the petition as filed by the acceptable petitioner. If the acceptable petitioner has not attached a certificate of public nuisance to the petition, the municipal corporation shall complete an inspection of the subject parcel within thirty (30) calendar days after the first setting of the matter in court, and the court shall promptly schedule a hearing on the issue of public nuisance. At the conclusion of the hearing on the issue of public nuisance, the court shall determine whether or not the issuance of a certificate of public nuisance is warranted. The court shall dismiss the action if the subject parcel is found not to be a public nuisance by the court.
(b) The petition filed pursuant to subsection (a) must include a draft order of compliance setting forth the relief requested as described in this section and shall specifically request the appointment of a receiver if an order of compliance pursuant to subsection (e) is entered and if the owner fails to comply with such order.
(c) The filing of a petition for a judgment in rem pursuant to subsection (a) shall: (1) Create a receiver's lien that secures an undetermined amount until the court establishes the amount. The receiver's lien shall be a first lien on the subject parcel, which is superior to all prior and subsequent liens or other encumbrances associated with the subject parcel. The acceptable petitioner shall file for record in the register's office of the county an abstract certified by the clerk, within one (1) day of certification by the clerk, containing the names of the parties to the suit, a statement that petition has been filed pursuant to this section, a description of the subject parcel and its ownership, and a brief statement of the nature and amount of the lien sought to be imposed, all in compliance with § 20-3-101 , which filing shall act as a lien lis pendens against the subject parcel. The outstanding principal amount of the receiver's lien carries interest at a standard statutory rate applicable to judgment liens as provided in § 67-5-2010 ; (2) Act as a bar of any transfer of title of the subject parcel or of any interests pertaining to such subject parcel, including, but not limited to, transfers by foreclosure, transfers or creation of lien interests in the subject parcel, or otherwise, from the date of the filing until the petition is dismissed or until specific orders of the court authorizing a transfer of title, if the petition has attached a certificate of public nuisance issued pursuant to subsection (a); and (3) Authorize the municipal corporation, in its discretion, to access the subject parcel for boarding, securing, and maintaining the subject parcel at any time if it has been determined by the court that the owner has failed to do so. Any costs incurred by the municipal corporation shall be charged to the owner.
(1) Create a receiver's lien that secures an undetermined amount until the court establishes the amount. The receiver's lien shall be a first lien on the subject parcel, which is superior to all prior and subsequent liens or other encumbrances associated with the subject parcel. The acceptable petitioner shall file for record in the register's office of the county an abstract certified by the clerk, within one (1) day of certification by the clerk, containing the names of the parties to the suit, a statement that petition has been filed pursuant to this section, a description of the subject parcel and its ownership, and a brief statement of the nature and amount of the lien sought to be imposed, all in compliance with § 20-3-101 , which filing shall act as a lien lis pendens against the subject parcel. The outstanding principal amount of the receiver's lien carries interest at a standard statutory rate applicable to judgment liens as provided in § 67-5-2010 ;
(2) Act as a bar of any transfer of title of the subject parcel or of any interests pertaining to such subject parcel, including, but not limited to, transfers by foreclosure, transfers or creation of lien interests in the subject parcel, or otherwise, from the date of the filing until the petition is dismissed or until specific orders of the court authorizing a transfer of title, if the petition has attached a certificate of public nuisance issued pursuant to subsection (a); and
(3) Authorize the municipal corporation, in its discretion, to access the subject parcel for boarding, securing, and maintaining the subject parcel at any time if it has been determined by the court that the owner has failed to do so. Any costs incurred by the municipal corporation shall be charged to the owner.
(d) Notice of a petition for a judgment in rem filed pursuant to subsection (a) shall, at a minimum, be provided to each owner and interested person identified by a thorough title search and examination of the subject parcel, including a search of court records of the county where the subject parcel is located. The petitioner shall file with the court a certification that notice has been provided pursuant to this subsection (d). Notice shall be provided by: (1) Sending a copy of the petition by first-class mail to the last known address of record; (2) Posting a copy of the petition in a conspicuous place on the building; (3) Publication of the petition in a newspaper of general circulation published in the county where the subject parcel is located; and (4) Sending a copy of the petition by first-class mail addressed to "occupant" at the subject parcel.
(1) Sending a copy of the petition by first-class mail to the last known address of record;
(2) Posting a copy of the petition in a conspicuous place on the building;
(3) Publication of the petition in a newspaper of general circulation published in the county where the subject parcel is located; and
(4) Sending a copy of the petition by first-class mail addressed to "occupant" at the subject parcel.
(e) If, after a hearing, the subject parcel is found to be a public nuisance, the court shall issue an order of compliance requiring the owner of the subject parcel to produce a plan for the abatement of the public nuisance. The acceptable petitioner shall file such order in the register's office of the county where the subject parcel is located. The plan must comply with subdivision (h)(1) and must be approved by the court. If the owner has commenced work on the subject parcel prior to, or during the pendency of the action, the owner is required to provide a report of the work that has been completed to date, as well as a plan for the abatement of the public nuisance. Once a plan is approved by the court, the municipal corporation shall provide periodic updates to the court on the owner's progress towards completion of the plan and other relevant information about the subject parcel and surrounding area. Upon a finding by the court that the subject parcel is a public nuisance, the court may award all reasonable attorney's fees and costs to the person filing the petition for a judgment in rem.
(f) If the owner fails to comply with the court's order of compliance pursuant to subsection (e), the court may allow an interested person the opportunity to undertake the work to abate the public nuisance pursuant to a plan that complies with subdivision (h)(1) submitted by such interested person.
(g) If the actions pursuant to subsections (e) and (f) fail to abate the public nuisance, then the court may appoint a receiver to take possession and control of the subject parcel in order to execute a plan submitted by such receiver that complies with either subdivision (h)(1) or (h)(2). A receiver appointed pursuant to this chapter is not personally liable for actions taken pursuant to the receivership except for misfeasance, malfeasance, or nonfeasance in the performance of the functions of the office.
(h) (1) A public nuisance abatement plan, if submitted by an owner, interested party, or proposed receiver, must provide the following in writing: (A) A detailed budget for abating the public nuisance; (B) A projected timeline for abating the public nuisance; (C) If repair and rehabilitation of the subject parcel are found not to be feasible, the cost of demolition of the subject parcel or of the portions of the subject parcel that constitute the public nuisance; and (D) The terms, conditions, and availability of any financing that is necessary to abate the public nuisance or a show of sufficient assets. (2) A stabilization plan, if submitted by a proposed receiver, must provide the following in writing: (A) A detailed budget for stabilizing the subject parcel; (B) A projected timeline for stabilizing the subject parcel; and (C) The terms, conditions, and availability of any financing that is necessary to stabilize the subject parcel or a show of sufficient assets.
(1) A public nuisance abatement plan, if submitted by an owner, interested party, or proposed receiver, must provide the following in writing: (A) A detailed budget for abating the public nuisance; (B) A projected timeline for abating the public nuisance; (C) If repair and rehabilitation of the subject parcel are found not to be feasible, the cost of demolition of the subject parcel or of the portions of the subject parcel that constitute the public nuisance; and (D) The terms, conditions, and availability of any financing that is necessary to abate the public nuisance or a show of sufficient assets.
(A) A detailed budget for abating the public nuisance;
(B) A projected timeline for abating the public nuisance;
(C) If repair and rehabilitation of the subject parcel are found not to be feasible, the cost of demolition of the subject parcel or of the portions of the subject parcel that constitute the public nuisance; and
(D) The terms, conditions, and availability of any financing that is necessary to abate the public nuisance or a show of sufficient assets.
(2) A stabilization plan, if submitted by a proposed receiver, must provide the following in writing: (A) A detailed budget for stabilizing the subject parcel; (B) A projected timeline for stabilizing the subject parcel; and (C) The terms, conditions, and availability of any financing that is necessary to stabilize the subject parcel or a show of sufficient assets.
(A) A detailed budget for stabilizing the subject parcel;
(B) A projected timeline for stabilizing the subject parcel; and
(C) The terms, conditions, and availability of any financing that is necessary to stabilize the subject parcel or a show of sufficient assets.
(i) (1) If the court deems a plan submitted by a receiver to be sufficient and appropriate, the court may empower the receiver to: (A) Take possession and control of the subject parcel; (B) Pay all expenses of operating and conserving the subject parcel, including obtaining property insurance; (C) Pay prereceivership mortgages or installments of such mortgages and other liens; (D) Pay all outstanding municipal fines, penalties, expenditures, and assessments and all amounts attributable to state and local taxes and assessments, including all outstanding amounts secured by delinquent property tax liens; provided, that, within thirty (30) days of being appointed, a receiver is required to fully satisfy all outstanding amounts secured by delinquent property tax liens; and (E) Implement the plan; provided, that, if the plan requires demolition, the court shall order that the demolition be done properly and in compliance with applicable laws. (2) The receiver shall file a report with the court every sixty (60) calendar days and, upon completion of work pursuant to the receiver's approved plan, shall file a final report with the court and move for the establishment of the amount of the receiver's lien. If the court finds that work pursuant to the receiver's approved plan has been completed, then the court must establish the amount of the receiver's lien and put the owner on notice that the owner has thirty (30) days from such finding to satisfy the receiver's lien in full. If the owner satisfies the receiver's lien in full during such time, then the receivership must be terminated by order of the court. An owner or interested party that satisfies a receiver's lien established pursuant to a receiver's completion of a stabilization plan pursuant to subdivision (h)(2) shall submit and complete a public nuisance abatement plan pursuant to subdivision (h)(1).
(1) If the court deems a plan submitted by a receiver to be sufficient and appropriate, the court may empower the receiver to: (A) Take possession and control of the subject parcel; (B) Pay all expenses of operating and conserving the subject parcel, including obtaining property insurance; (C) Pay prereceivership mortgages or installments of such mortgages and other liens; (D) Pay all outstanding municipal fines, penalties, expenditures, and assessments and all amounts attributable to state and local taxes and assessments, including all outstanding amounts secured by delinquent property tax liens; provided, that, within thirty (30) days of being appointed, a receiver is required to fully satisfy all outstanding amounts secured by delinquent property tax liens; and (E) Implement the plan; provided, that, if the plan requires demolition, the court shall order that the demolition be done properly and in compliance with applicable laws.
(A) Take possession and control of the subject parcel;
(B) Pay all expenses of operating and conserving the subject parcel, including obtaining property insurance;
(C) Pay prereceivership mortgages or installments of such mortgages and other liens;
(D) Pay all outstanding municipal fines, penalties, expenditures, and assessments and all amounts attributable to state and local taxes and assessments, including all outstanding amounts secured by delinquent property tax liens; provided, that, within thirty (30) days of being appointed, a receiver is required to fully satisfy all outstanding amounts secured by delinquent property tax liens; and
(E) Implement the plan; provided, that, if the plan requires demolition, the court shall order that the demolition be done properly and in compliance with applicable laws.
(2) The receiver shall file a report with the court every sixty (60) calendar days and, upon completion of work pursuant to the receiver's approved plan, shall file a final report with the court and move for the establishment of the amount of the receiver's lien. If the court finds that work pursuant to the receiver's approved plan has been completed, then the court must establish the amount of the receiver's lien and put the owner on notice that the owner has thirty (30) days from such finding to satisfy the receiver's lien in full. If the owner satisfies the receiver's lien in full during such time, then the receivership must be terminated by order of the court. An owner or interested party that satisfies a receiver's lien established pursuant to a receiver's completion of a stabilization plan pursuant to subdivision (h)(2) shall submit and complete a public nuisance abatement plan pursuant to subdivision (h)(1).
(j) If the receiver's lien is not satisfied by the owner pursuant to subdivision (i)(2), the court shall direct the receiver to offer the subject parcel for sale at auction in accordance with the following: (1) The sales procedure shall follow the procedures provided in §§ 35-5-101 - 35-5-109; (2) The minimum bid at a receiver's auction must be the full amount of the receiver's lien; (3) If the receiver has completed work pursuant to an approved stabilization plan authorized by subdivision (h)(2), then only bidders who have been certified by the court as qualified buyers may bid at the receiver's auction. The terms of the auction must include the requirement of a bond or other security, in an amount fixed by the court, ensuring abatement of the public nuisance within nine (9) months of the date of the closing of the sale to the qualified buyer. If a qualified buyer prevails at such an auction and the qualified buyer's bid is approved by the court, then the receiver's plan pursuant to subdivision (h)(2) must be amended by the court to include supervision of the qualified buyer and reports to the court of the qualified buyer's progress until the abatement of the public nuisance is completed, at which time the receivership must be terminated by order of the court after a hearing on the receiver's motion for termination of the receivership; (4) If there is no bidder at the receiver's auction for greater than the minimum bid, the subject parcel shall be transferred by receiver's deed to the receiver, and there shall be no requirement of cash payment of the minimum bid by the receiver; (5) When the successful bid is paid in cash, the amount of the minimum bid must be paid to satisfy the receiver's lien. Any surplus shall be distributed, as approved by the court, to the owner and interested persons in the priority in which their interests encumbered the subject parcel prior to the auction; and (6) The receiver shall report the prevailing bid at the sale to the court, and upon approval by the court, a receiver's deed shall be issued to the successful bidder and promptly recorded in the office of the register of deeds. Title shall be absolute in the purchaser, and the interests of any interested persons prior to the auction shall be terminated as of the date of the auction. Except as provided in subdivision (j)(3), the receivership shall be terminated after the auction by order of the court after a hearing on receiver's motion for termination of the receivership.
(1) The sales procedure shall follow the procedures provided in §§ 35-5-101 - 35-5-109;
(2) The minimum bid at a receiver's auction must be the full amount of the receiver's lien;
(3) If the receiver has completed work pursuant to an approved stabilization plan authorized by subdivision (h)(2), then only bidders who have been certified by the court as qualified buyers may bid at the receiver's auction. The terms of the auction must include the requirement of a bond or other security, in an amount fixed by the court, ensuring abatement of the public nuisance within nine (9) months of the date of the closing of the sale to the qualified buyer. If a qualified buyer prevails at such an auction and the qualified buyer's bid is approved by the court, then the receiver's plan pursuant to subdivision (h)(2) must be amended by the court to include supervision of the qualified buyer and reports to the court of the qualified buyer's progress until the abatement of the public nuisance is completed, at which time the receivership must be terminated by order of the court after a hearing on the receiver's motion for termination of the receivership;
(4) If there is no bidder at the receiver's auction for greater than the minimum bid, the subject parcel shall be transferred by receiver's deed to the receiver, and there shall be no requirement of cash payment of the minimum bid by the receiver;
(5) When the successful bid is paid in cash, the amount of the minimum bid must be paid to satisfy the receiver's lien. Any surplus shall be distributed, as approved by the court, to the owner and interested persons in the priority in which their interests encumbered the subject parcel prior to the auction; and
(6) The receiver shall report the prevailing bid at the sale to the court, and upon approval by the court, a receiver's deed shall be issued to the successful bidder and promptly recorded in the office of the register of deeds. Title shall be absolute in the purchaser, and the interests of any interested persons prior to the auction shall be terminated as of the date of the auction. Except as provided in subdivision (j)(3), the receivership shall be terminated after the auction by order of the court after a hearing on receiver's motion for termination of the receivership.
(k) (1) Nothing in this chapter limits the powers granted to a court having jurisdiction pursuant to § 13-6-107 . (2) The monetary and other limitations specified in § 16-15-501(d)(1) upon any court with jurisdiction over an action described in subsection (a) do not operate as limitations upon any of the following: (A) Expenditures of a mortgagee, lienholder, other interested person, or receiver that has been selected pursuant to subsection (f) or (g) to undertake the work and to furnish the materials necessary to abate a public nuisance; (B) Any notes issued by a receiver; (C) Any mortgage granted by a receiver; (D) Expenditures in connection with the foreclosure of a mortgage granted by a receiver in accordance with subsection (i); (E) The enforcement of an order of a judge entered pursuant to this chapter; or (F) The actions that may be taken pursuant to this chapter by a receiver or a mortgagee, lienholder, or other interested person that has been selected pursuant to subsection (f) or (g) to undertake the work and to furnish the materials necessary to abate a public nuisance. (3) A judge in a civil action described in subsection (a), or the judge's successor in office, has continuing jurisdiction to review and order correction of the condition of any subject parcel that was determined to be a public nuisance pursuant to this chapter.
(1) Nothing in this chapter limits the powers granted to a court having jurisdiction pursuant to § 13-6-107 .
(2) The monetary and other limitations specified in § 16-15-501(d)(1) upon any court with jurisdiction over an action described in subsection (a) do not operate as limitations upon any of the following: (A) Expenditures of a mortgagee, lienholder, other interested person, or receiver that has been selected pursuant to subsection (f) or (g) to undertake the work and to furnish the materials necessary to abate a public nuisance; (B) Any notes issued by a receiver; (C) Any mortgage granted by a receiver; (D) Expenditures in connection with the foreclosure of a mortgage granted by a receiver in accordance with subsection (i); (E) The enforcement of an order of a judge entered pursuant to this chapter; or (F) The actions that may be taken pursuant to this chapter by a receiver or a mortgagee, lienholder, or other interested person that has been selected pursuant to subsection (f) or (g) to undertake the work and to furnish the materials necessary to abate a public nuisance.
(A) Expenditures of a mortgagee, lienholder, other interested person, or receiver that has been selected pursuant to subsection (f) or (g) to undertake the work and to furnish the materials necessary to abate a public nuisance;
(B) Any notes issued by a receiver;
(C) Any mortgage granted by a receiver;
(D) Expenditures in connection with the foreclosure of a mortgage granted by a receiver in accordance with subsection (i);
(E) The enforcement of an order of a judge entered pursuant to this chapter; or
(F) The actions that may be taken pursuant to this chapter by a receiver or a mortgagee, lienholder, or other interested person that has been selected pursuant to subsection (f) or (g) to undertake the work and to furnish the materials necessary to abate a public nuisance.
(3) A judge in a civil action described in subsection (a), or the judge's successor in office, has continuing jurisdiction to review and order correction of the condition of any subject parcel that was determined to be a public nuisance pursuant to this chapter.
Amended by 2024 Tenn. Acts, ch. 796,s 18, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 796,s 17, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 796,s 16, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 796,s 15, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 796,s 14, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 796,s 13, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 796,s 12, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 796,s 11, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 796,s 10, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 796,s 9, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 796,s 8, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 796,s 7, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 796,s 6, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 796,s 5, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 796,s 4, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 796,s 3, eff. 4/23/2024.
Amended by 2018 Tenn. Acts, ch. 779, s 3, eff. 4/19/2018.
Amended by 2016 Tenn. Acts, ch. 727, s 6, eff. 4/7/2016.
Amended by 2014 Tenn. Acts, ch. 835, Secs.s 1, s 3eff. 4/29/2014.
Acts 2007 , ch. 452, §2; 2009 , ch. 424, §§3-5; 2011 , ch. 374, §§ 3-5.
Tenn. Code Ann. § 13-19-105 — TN Code / Title 13 / Chapter 19 / Section 13-19-105
Enforcement
Status: in_force

It is the responsibility of every city, county, town, municipal corporation, and metropolitan government to enforce this chapter. It is the responsibility of the state building commission and its staff to enforce this chapter as to any buildings designed or constructed, regardless of location, under its supervision, in accordance with § 4-15-106 . Acts 1978, ch. 888, § 5; 1979, ch. 403, § 1; T.C.A., § 13-2505.
It is the responsibility of every city, county, town, municipal corporation, and metropolitan government to enforce this chapter. It is the responsibility of the state building commission and its staff to enforce this chapter as to any buildings designed or constructed, regardless of location, under its supervision, in accordance with § 4-15-106 .
Acts 1978, ch. 888, § 5; 1979, ch. 403, § 1; T.C.A., § 13-2505.
Tenn. Code Ann. § 13-3-401 — TN Code / Title 13 / Chapter 3 / Section 13-3-401
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Plat" includes plat, plan, plot or replot; (2) "Regional planning commission" means any regional planning commission established by the department of economic and community development as provided by law, and includes any municipal planning commission designated by the department as the regional planning commission of a planning region composed of the territory of a single municipality, together with the territory adjoining but outside of such municipality, no part of which is outside the municipality's urban growth boundary or, if no such boundary exists, more than five (5) miles beyond the limits of such municipality; (3) "Road" or "roads" means, relates to and includes roads, streets, highways, avenues, boulevards, parkways, lanes or other ways or any part thereof; (4) (A) "Subdivision" means, in any county having a population of not less than thirty-two thousand seven hundred (32,700) nor more than thirty-two thousand seven hundred sixty (32,760), according to the 1980 federal census or any subsequent federal census, the division of a tract or parcel of land into two (2) or more lots, sites or other divisions for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, that "subdivision" does not include a division of any tract or parcel of land into two (2) or more tracts or parcels when such parts or parcels are five (5) acres or larger in size; and (B) (i) "Subdivision" means, in all counties except those in subdivision (4)(A), the division of a tract or parcel of land into two (2) or more lots, sites, or other divisions requiring new street or utility construction, or any division of less than five (5) acres for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, when appropriate to the context, relates to the process of resubdividing or to the land or area subdivided; (ii) As used in subdivision (4)(B)(i), "utility construction" does not include the mere extension of individual service pipes or lines for the purpose of directly connecting a single lot, site or other division to existing utility mains. Acts 1935, ch. 35, § 6, C. Supp. 1950, § 3493.9 (Williams, § 3493.15); impl. am. Acts 1972, ch. 542, § 15; Acts 1976, ch. 692, § 1; T.C.A. (orig. ed.), § 13-301; Acts 1984, ch. 961, §§ 1, 3; 1985, ch. 149, § 1; 1988, ch. 597, § 1; 1998, ch. 1101, § 26; 2008, ch. 746, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Plat" includes plat, plan, plot or replot;
(2) "Regional planning commission" means any regional planning commission established by the department of economic and community development as provided by law, and includes any municipal planning commission designated by the department as the regional planning commission of a planning region composed of the territory of a single municipality, together with the territory adjoining but outside of such municipality, no part of which is outside the municipality's urban growth boundary or, if no such boundary exists, more than five (5) miles beyond the limits of such municipality;
(3) "Road" or "roads" means, relates to and includes roads, streets, highways, avenues, boulevards, parkways, lanes or other ways or any part thereof;
(4) (A) "Subdivision" means, in any county having a population of not less than thirty-two thousand seven hundred (32,700) nor more than thirty-two thousand seven hundred sixty (32,760), according to the 1980 federal census or any subsequent federal census, the division of a tract or parcel of land into two (2) or more lots, sites or other divisions for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, that "subdivision" does not include a division of any tract or parcel of land into two (2) or more tracts or parcels when such parts or parcels are five (5) acres or larger in size; and (B) (i) "Subdivision" means, in all counties except those in subdivision (4)(A), the division of a tract or parcel of land into two (2) or more lots, sites, or other divisions requiring new street or utility construction, or any division of less than five (5) acres for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, when appropriate to the context, relates to the process of resubdividing or to the land or area subdivided; (ii) As used in subdivision (4)(B)(i), "utility construction" does not include the mere extension of individual service pipes or lines for the purpose of directly connecting a single lot, site or other division to existing utility mains.
(A) "Subdivision" means, in any county having a population of not less than thirty-two thousand seven hundred (32,700) nor more than thirty-two thousand seven hundred sixty (32,760), according to the 1980 federal census or any subsequent federal census, the division of a tract or parcel of land into two (2) or more lots, sites or other divisions for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, that "subdivision" does not include a division of any tract or parcel of land into two (2) or more tracts or parcels when such parts or parcels are five (5) acres or larger in size; and
(B) (i) "Subdivision" means, in all counties except those in subdivision (4)(A), the division of a tract or parcel of land into two (2) or more lots, sites, or other divisions requiring new street or utility construction, or any division of less than five (5) acres for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, when appropriate to the context, relates to the process of resubdividing or to the land or area subdivided; (ii) As used in subdivision (4)(B)(i), "utility construction" does not include the mere extension of individual service pipes or lines for the purpose of directly connecting a single lot, site or other division to existing utility mains.
(i) "Subdivision" means, in all counties except those in subdivision (4)(A), the division of a tract or parcel of land into two (2) or more lots, sites, or other divisions requiring new street or utility construction, or any division of less than five (5) acres for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, when appropriate to the context, relates to the process of resubdividing or to the land or area subdivided;
(ii) As used in subdivision (4)(B)(i), "utility construction" does not include the mere extension of individual service pipes or lines for the purpose of directly connecting a single lot, site or other division to existing utility mains.
Acts 1935, ch. 35, § 6, C. Supp. 1950, § 3493.9 (Williams, § 3493.15); impl. am. Acts 1972, ch. 542, § 15; Acts 1976, ch. 692, § 1; T.C.A. (orig. ed.), § 13-301; Acts 1984, ch. 961, §§ 1, 3; 1985, ch. 149, § 1; 1988, ch. 597, § 1; 1998, ch. 1101, § 26; 2008, ch. 746, § 1.
Tenn. Code Ann. § 13-20-102 — TN Code / Title 13 / Chapter 20 / Section 13-20-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Authority" or "housing authority" means a public body and a body corporate and politic organized in accordance with this chapter for the purposes, with the powers, and subject to the restrictions, hereinafter set forth; (2) "Bonds" means any bonds, interim certificates, notes, debentures, or other obligations of the authority issued pursuant to this chapter; (3) "Business" means any lawful activity conducted primarily: (A) For the purchase, sale, lease and rental of personal and real property, and for the manufacturing, processing, or marketing of products, commodities, or any other personal property; (B) For the sale of services to the public; or (C) By a nonprofit organization; (4) "City" means the city or town which is, or is about to be, included in the territorial boundaries of an authority when created hereunder; (5) "City clerk" and "mayor" means the clerk and mayor, respectively, of the city, or the officers thereof, charged with the duties customarily imposed on the clerk and mayor, respectively; (6) "Commissioner" means one (1) of the members of an authority appointed in accordance with this chapter; (7) "Community facilities" includes real and personal property, and buildings and equipment for recreation or social assemblies, for educational, health or welfare purposes and necessary utilities when designed primarily for the benefit and use of the housing authority and/or the occupants of the dwelling accommodations; (8) "Contract" means any agreement of an authority with or for the benefit of an obligee whether contained in a resolution, trust indenture, mortgage, lease, bond or other instrument; (9) "Council" means the legislative body, council, board of commissioners, board of trustees, or other body charged with governing the city; (10) "Dwelling unit" means a building or structure used as a place of residence; (11) "Farmers of low income" means persons or families who at the time of their admission to occupancy in a dwelling of the authority: (A) Live under unsafe or unsanitary housing conditions; (B) Derive their principal income from operating or working upon a farm; and (C) Had an aggregate average annual net income for the three (3) years preceding their admission that was less than the amount determined by the authority to be necessary, within its area of operations, to enable them, without financial assistance, to obtain decent, safe, and sanitary housing, without overcrowding; (12) "Federal government" includes the United States, or any agency, instrumentality, corporate or otherwise, of the United States; (13) "Governing body" means the council of any city; (14) "Government" includes the state and federal governments and any subdivision, agency or instrumentality, corporate or otherwise, of either of them; (15) (A) "Housing project" includes all real and personal property, buildings and improvements, stores, offices, lands for farming and gardening, and community facilities acquired or constructed or to be acquired or constructed pursuant to a single plan or undertaking, to: (i) Demolish, clear, remove, alter or repair unsanitary or unsafe housing; and/or (ii) Provide safe and sanitary dwelling accommodations for persons of low income; (B) "Housing project" may also be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements, and all other work in connection therewith. "Housing project" may also include such buildings and equipment for recreational or social assemblies for educational, health or welfare purposes, and such necessary utilities, as are designed primarily for the benefit and use of the housing authority and/or the occupants of such dwelling accommodations; (16) "Mixed-finance project" means a project that is financially assisted by private resources, which may include low-income housing tax credits, in addition to an amount provided under any state or federal program. "Mixed-finance project" includes a project that is developed by: (A) An authority or by an entity affiliated with an authority; (B) A partnership, a limited liability company, or other entity in which the authority, or an entity affiliated with an authority, is a general partner, managing member, or otherwise participates in the activities of the entity; or (C) Any entity that grants to the authority the right of first refusal and first option to purchase, after the close of the compliance period, the qualified low-income building in which the public housing units exist in accordance with the Internal Revenue Code of 1986, § 42(i)(7) ( 26 U.S.C. § 42(i)(7) ); (17) "Mortgage" includes deeds of trust, mortgages, building and loan contracts or other instruments conveying real or personal property as security for bonds and conferring a right to foreclose and cause a sale thereof; (18) "Municipality" means any city, town, or village or other municipality in the state; (19) "Obligee of the authority" or "obligee" includes any bondholder, trustee or trustees for any bondholders, any lessor demising property to the authority used in connection with a housing project or any assignee or assignees of the lessor's interest or any part thereof, and the United States, when it is a party to any contract with the authority; (20) "Persons of low income" means persons or families who lack the amount of income which is necessary, as determined by the authority undertaking the housing project, to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings, without overcrowding; (21) "Real property" includes lands, lands under water, structures, and any and all easements, franchises and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage or otherwise; (22) "Representative district" means any division or district of any city or municipality which is created for the purpose of electing a representative to the governing body of the city or municipality; (23) "State" means the state of Tennessee; (24) "Taxing agency" means any county, city, town or metropolitan government in the state; and (25) "Trust indenture" includes instruments pledging the revenues of real or personal properties but not conveying such properties or conferring a right to foreclose and cause a sale thereof. Acts 1935 (Ex.Sess.), ch. 20, § 3; 1935 (Ex.Sess.), ch. 44, § 2; 1935 (Ex. Sess.), ch. 45, § 2; 1937, ch. 234, § 1; 1943, ch. 22, §§ 2-4; C. Supp. 1950, § 3647.2 (Williams, §§ 3647.3, 3647.31, 3647.38); Acts 1965, ch. 193, § 1; 1972, ch. 690, § 1; 1978, ch. 854, § 1; T.C.A. (orig. ed.), § 13-802; Acts 1999, ch. 243, § 2.
As used in this chapter, unless the context otherwise requires:
(1) "Authority" or "housing authority" means a public body and a body corporate and politic organized in accordance with this chapter for the purposes, with the powers, and subject to the restrictions, hereinafter set forth;
(2) "Bonds" means any bonds, interim certificates, notes, debentures, or other obligations of the authority issued pursuant to this chapter;
(3) "Business" means any lawful activity conducted primarily: (A) For the purchase, sale, lease and rental of personal and real property, and for the manufacturing, processing, or marketing of products, commodities, or any other personal property; (B) For the sale of services to the public; or (C) By a nonprofit organization;
(A) For the purchase, sale, lease and rental of personal and real property, and for the manufacturing, processing, or marketing of products, commodities, or any other personal property;
(B) For the sale of services to the public; or
(C) By a nonprofit organization;
(4) "City" means the city or town which is, or is about to be, included in the territorial boundaries of an authority when created hereunder;
(5) "City clerk" and "mayor" means the clerk and mayor, respectively, of the city, or the officers thereof, charged with the duties customarily imposed on the clerk and mayor, respectively;
(6) "Commissioner" means one (1) of the members of an authority appointed in accordance with this chapter;
(7) "Community facilities" includes real and personal property, and buildings and equipment for recreation or social assemblies, for educational, health or welfare purposes and necessary utilities when designed primarily for the benefit and use of the housing authority and/or the occupants of the dwelling accommodations;
(8) "Contract" means any agreement of an authority with or for the benefit of an obligee whether contained in a resolution, trust indenture, mortgage, lease, bond or other instrument;
(9) "Council" means the legislative body, council, board of commissioners, board of trustees, or other body charged with governing the city;
(10) "Dwelling unit" means a building or structure used as a place of residence;
(11) "Farmers of low income" means persons or families who at the time of their admission to occupancy in a dwelling of the authority: (A) Live under unsafe or unsanitary housing conditions; (B) Derive their principal income from operating or working upon a farm; and (C) Had an aggregate average annual net income for the three (3) years preceding their admission that was less than the amount determined by the authority to be necessary, within its area of operations, to enable them, without financial assistance, to obtain decent, safe, and sanitary housing, without overcrowding;
(A) Live under unsafe or unsanitary housing conditions;
(B) Derive their principal income from operating or working upon a farm; and
(C) Had an aggregate average annual net income for the three (3) years preceding their admission that was less than the amount determined by the authority to be necessary, within its area of operations, to enable them, without financial assistance, to obtain decent, safe, and sanitary housing, without overcrowding;
(12) "Federal government" includes the United States, or any agency, instrumentality, corporate or otherwise, of the United States;
(13) "Governing body" means the council of any city;
(14) "Government" includes the state and federal governments and any subdivision, agency or instrumentality, corporate or otherwise, of either of them;
(15) (A) "Housing project" includes all real and personal property, buildings and improvements, stores, offices, lands for farming and gardening, and community facilities acquired or constructed or to be acquired or constructed pursuant to a single plan or undertaking, to: (i) Demolish, clear, remove, alter or repair unsanitary or unsafe housing; and/or (ii) Provide safe and sanitary dwelling accommodations for persons of low income; (B) "Housing project" may also be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements, and all other work in connection therewith. "Housing project" may also include such buildings and equipment for recreational or social assemblies for educational, health or welfare purposes, and such necessary utilities, as are designed primarily for the benefit and use of the housing authority and/or the occupants of such dwelling accommodations;
(A) "Housing project" includes all real and personal property, buildings and improvements, stores, offices, lands for farming and gardening, and community facilities acquired or constructed or to be acquired or constructed pursuant to a single plan or undertaking, to: (i) Demolish, clear, remove, alter or repair unsanitary or unsafe housing; and/or (ii) Provide safe and sanitary dwelling accommodations for persons of low income;
(i) Demolish, clear, remove, alter or repair unsanitary or unsafe housing; and/or
(ii) Provide safe and sanitary dwelling accommodations for persons of low income;
(B) "Housing project" may also be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements, and all other work in connection therewith. "Housing project" may also include such buildings and equipment for recreational or social assemblies for educational, health or welfare purposes, and such necessary utilities, as are designed primarily for the benefit and use of the housing authority and/or the occupants of such dwelling accommodations;
(16) "Mixed-finance project" means a project that is financially assisted by private resources, which may include low-income housing tax credits, in addition to an amount provided under any state or federal program. "Mixed-finance project" includes a project that is developed by: (A) An authority or by an entity affiliated with an authority; (B) A partnership, a limited liability company, or other entity in which the authority, or an entity affiliated with an authority, is a general partner, managing member, or otherwise participates in the activities of the entity; or (C) Any entity that grants to the authority the right of first refusal and first option to purchase, after the close of the compliance period, the qualified low-income building in which the public housing units exist in accordance with the Internal Revenue Code of 1986, § 42(i)(7) ( 26 U.S.C. § 42(i)(7) );
(A) An authority or by an entity affiliated with an authority;
(B) A partnership, a limited liability company, or other entity in which the authority, or an entity affiliated with an authority, is a general partner, managing member, or otherwise participates in the activities of the entity; or
(C) Any entity that grants to the authority the right of first refusal and first option to purchase, after the close of the compliance period, the qualified low-income building in which the public housing units exist in accordance with the Internal Revenue Code of 1986, § 42(i)(7) ( 26 U.S.C. § 42(i)(7) );
(17) "Mortgage" includes deeds of trust, mortgages, building and loan contracts or other instruments conveying real or personal property as security for bonds and conferring a right to foreclose and cause a sale thereof;
(18) "Municipality" means any city, town, or village or other municipality in the state;
(19) "Obligee of the authority" or "obligee" includes any bondholder, trustee or trustees for any bondholders, any lessor demising property to the authority used in connection with a housing project or any assignee or assignees of the lessor's interest or any part thereof, and the United States, when it is a party to any contract with the authority;
(20) "Persons of low income" means persons or families who lack the amount of income which is necessary, as determined by the authority undertaking the housing project, to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings, without overcrowding;
(21) "Real property" includes lands, lands under water, structures, and any and all easements, franchises and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage or otherwise;
(22) "Representative district" means any division or district of any city or municipality which is created for the purpose of electing a representative to the governing body of the city or municipality;
(23) "State" means the state of Tennessee;
(24) "Taxing agency" means any county, city, town or metropolitan government in the state; and
(25) "Trust indenture" includes instruments pledging the revenues of real or personal properties but not conveying such properties or conferring a right to foreclose and cause a sale thereof.
Acts 1935 (Ex.Sess.), ch. 20, § 3; 1935 (Ex.Sess.), ch. 44, § 2; 1935 (Ex. Sess.), ch. 45, § 2; 1937, ch. 234, § 1; 1943, ch. 22, §§ 2-4; C. Supp. 1950, § 3647.2 (Williams, §§ 3647.3, 3647.31, 3647.38); Acts 1965, ch. 193, § 1; 1972, ch. 690, § 1; 1978, ch. 854, § 1; T.C.A. (orig. ed.), § 13-802; Acts 1999, ch. 243, § 2.
Tenn. Code Ann. § 13-14-204 — TN Code / Title 13 / Chapter 14 / Section 13-14-204
Available assistance
Status: in_force

In carrying out this part, any, or a combination of the following, may be provided: (1) Grants to initiate new community-based development organizations in communities lacking one; (2) Grants to existing community-based development organizations to extend their capacity to meet the housing and job creation needs of their service area, including staffing and reasonable administrative costs; (3) Grants to community-based development organizations for strategic planning towards project identification, selection and implementation; (4) Grants to community-based development organizations for projects that combine community-based social service programs with related jobs for low and moderate income persons to promote community revitalization; (5) Grants to community-based development organizations for housing development projects to build and renovate single and multi-family housing; (6) Grants to community-based development organizations for job creation projects which promote small business development by low and moderate income entrepreneurs and nonprofit organizations, for the placement of low income people in jobs with attendant support, and the retention of those jobs; and (7) Technical assistance to developing community-based development organizations, and existing community-based development organizations to carry out this part. For purposes of this part, technical assistance includes, but is not limited to, training and assisting community-based development organizations with: (A) Conducting needs assessments; (B) Training boards of directors; (C) Staff development training; (D) Recruiting project development teams; (E) Determining and applying for available assistance; (F) Conducting feasibility studies; (G) Financial planning; (H) Preparing project budgets; (I) Proposal writing; (J) Organizational structure and design; (K) Generating local support; and (L) Obtaining legal and accounting advice. Acts 1996, ch. 1032, § 4.
In carrying out this part, any, or a combination of the following, may be provided:
(1) Grants to initiate new community-based development organizations in communities lacking one;
(2) Grants to existing community-based development organizations to extend their capacity to meet the housing and job creation needs of their service area, including staffing and reasonable administrative costs;
(3) Grants to community-based development organizations for strategic planning towards project identification, selection and implementation;
(4) Grants to community-based development organizations for projects that combine community-based social service programs with related jobs for low and moderate income persons to promote community revitalization;
(5) Grants to community-based development organizations for housing development projects to build and renovate single and multi-family housing;
(6) Grants to community-based development organizations for job creation projects which promote small business development by low and moderate income entrepreneurs and nonprofit organizations, for the placement of low income people in jobs with attendant support, and the retention of those jobs; and
(7) Technical assistance to developing community-based development organizations, and existing community-based development organizations to carry out this part. For purposes of this part, technical assistance includes, but is not limited to, training and assisting community-based development organizations with: (A) Conducting needs assessments; (B) Training boards of directors; (C) Staff development training; (D) Recruiting project development teams; (E) Determining and applying for available assistance; (F) Conducting feasibility studies; (G) Financial planning; (H) Preparing project budgets; (I) Proposal writing; (J) Organizational structure and design; (K) Generating local support; and (L) Obtaining legal and accounting advice.
(A) Conducting needs assessments;
(B) Training boards of directors;
(C) Staff development training;
(D) Recruiting project development teams;
(E) Determining and applying for available assistance;
(F) Conducting feasibility studies;
(G) Financial planning;
(H) Preparing project budgets;
(I) Proposal writing;
(J) Organizational structure and design;
(K) Generating local support; and
(L) Obtaining legal and accounting advice.
Acts 1996, ch. 1032, § 4.
Tenn. Code Ann. § 13-8-105 — TN Code / Title 13 / Chapter 8 / Section 13-8-105
Equipment required at security gates or barriers - Policies
Status: in_force

(a) All security gates or barriers shall be equipped with a radio operated receiver/controller capable of receiving signals from a police department, sheriff's department, if the gated facility or community is in the county, fire department, utility and emergency medical services' radio transceivers serving the gated facility or community that allow emergency responders and other necessary on-duty employees to open the security gate or barrier by use of the equipment. (b) All security gates or barriers must meet policies deemed necessary by the authority having jurisdiction over the gated facility or community for rapid, reliable, and mutual aid access. (c) The equipment shall be furnished, installed and maintained by the gated facility or community that is served by the equipment. Acts 2008, ch. 1008, § 6.
(a) All security gates or barriers shall be equipped with a radio operated receiver/controller capable of receiving signals from a police department, sheriff's department, if the gated facility or community is in the county, fire department, utility and emergency medical services' radio transceivers serving the gated facility or community that allow emergency responders and other necessary on-duty employees to open the security gate or barrier by use of the equipment.
(b) All security gates or barriers must meet policies deemed necessary by the authority having jurisdiction over the gated facility or community for rapid, reliable, and mutual aid access.
(c) The equipment shall be furnished, installed and maintained by the gated facility or community that is served by the equipment.
Acts 2008, ch. 1008, § 6.
Tenn. Code Ann. § 13-3-602 — TN Code / Title 13 / Chapter 3 / Section 13-3-602
Ordinance requirements
Status: in_force

An ordinance creating a voluntary attainable housing incentive program enacted by the chief legislative body of a municipality must contain, at a minimum, the following: (1) A definition of attainable housing for the purposes of the program; (2) The types of multi-family housing facilities, buildings, and structures eligible for the program; (3) The geographic areas of the municipality where multi-family facilities, buildings, and structures eligible for the program may be constructed or rented; (4) Any special exceptions or conditional uses included in the zoning ordinances of the municipality that apply to attainable multi-family housing projects; (5) Any other municipal incentives available to property owners who are approved for participation in the program; and (6) The process that a property owner must follow to provide notice of interest for the voluntary program, including the convening of a pre-application conference, and the process for submitting a completed application as set forth in § 13-3-603 . Added by 2024 Tenn. Acts, ch. 1051,s 1, eff. 7/1/2024.
An ordinance creating a voluntary attainable housing incentive program enacted by the chief legislative body of a municipality must contain, at a minimum, the following:
(1) A definition of attainable housing for the purposes of the program;
(2) The types of multi-family housing facilities, buildings, and structures eligible for the program;
(3) The geographic areas of the municipality where multi-family facilities, buildings, and structures eligible for the program may be constructed or rented;
(4) Any special exceptions or conditional uses included in the zoning ordinances of the municipality that apply to attainable multi-family housing projects;
(5) Any other municipal incentives available to property owners who are approved for participation in the program; and
(6) The process that a property owner must follow to provide notice of interest for the voluntary program, including the convening of a pre-application conference, and the process for submitting a completed application as set forth in § 13-3-603 .
Added by 2024 Tenn. Acts, ch. 1051,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 13-7-603 — TN Code / Title 13 / Chapter 7 / Section 13-7-603
Effect of ordinance or other requirement that prohibits or regulates use of property as short-term rental unit
Status: in_force

(a) Except as otherwise provided in subsection (b), an ordinance, resolution, regulation, rule, or other requirement of any type that prohibits, effectively prohibits, or otherwise regulates the use of property as a short-term rental unit shall not apply to property if the property was being used as a short-term rental unit by the owner of the property prior to the enactment of the ordinance, resolution, regulation, rule, or other requirement by the local governing body. The ordinance, resolution, regulation, rule, or other requirement in effect at the time the property began being used as a short-term rental unit is the law that governs the use of the property as a short-term rental unit until the property is sold, transferred, ceases being used as a short-term rental unit for a period of thirty (30) continuous months, or has been in violation of a generally applicable local law three (3) or more separate times as provided by § 13-7-604 . For purposes of this subsection (a), an ordinance, resolution, regulation, rule, or other requirement is in effect at the time it is lawfully enacted by the local governing body and not the time in which it is introduced for consideration by the local governing body. (b) Notwithstanding subsection (a), an ordinance, resolution, regulation, rule, or other requirement of any type enacted prior to January 1, 2014, that prohibits or effectively prohibits the use of property as a short-term rental unit may apply to any property within a local governing body's jurisdiction, regardless of the property's existing use. However, this subsection (b) applies only to ordinances, resolutions, regulations, rules, or other requirements that expressly limit the period of time a residential dwelling may be rented, and does not apply to ordinances, resolutions, regulations, rules, or other requirements that generally prohibit commercial activity or the renting of residential dwellings to transients. Added by 2018 Tenn. Acts, ch. 972,s 1, eff. 5/17/2018.
(a) Except as otherwise provided in subsection (b), an ordinance, resolution, regulation, rule, or other requirement of any type that prohibits, effectively prohibits, or otherwise regulates the use of property as a short-term rental unit shall not apply to property if the property was being used as a short-term rental unit by the owner of the property prior to the enactment of the ordinance, resolution, regulation, rule, or other requirement by the local governing body. The ordinance, resolution, regulation, rule, or other requirement in effect at the time the property began being used as a short-term rental unit is the law that governs the use of the property as a short-term rental unit until the property is sold, transferred, ceases being used as a short-term rental unit for a period of thirty (30) continuous months, or has been in violation of a generally applicable local law three (3) or more separate times as provided by § 13-7-604 . For purposes of this subsection (a), an ordinance, resolution, regulation, rule, or other requirement is in effect at the time it is lawfully enacted by the local governing body and not the time in which it is introduced for consideration by the local governing body.
(b) Notwithstanding subsection (a), an ordinance, resolution, regulation, rule, or other requirement of any type enacted prior to January 1, 2014, that prohibits or effectively prohibits the use of property as a short-term rental unit may apply to any property within a local governing body's jurisdiction, regardless of the property's existing use. However, this subsection (b) applies only to ordinances, resolutions, regulations, rules, or other requirements that expressly limit the period of time a residential dwelling may be rented, and does not apply to ordinances, resolutions, regulations, rules, or other requirements that generally prohibit commercial activity or the renting of residential dwellings to transients.
Added by 2018 Tenn. Acts, ch. 972,s 1, eff. 5/17/2018.
Tenn. Code Ann. § 13-30-109 — TN Code / Title 13 / Chapter 30 / Section 13-30-109
Corporate powers
Status: in_force

The corporation shall have the power, as limited by the legislative body of the creating local government or local governments, to: (1) Adopt, amend and repeal bylaws for the regulation of its affairs and the conduct of its business; (2) Sue and be sued in its own name and plead and be impleaded in all civil actions, including, but not limited to, actions to clear title to the real property held in the land bank; (3) Adopt a seal and to alter the same at pleasure; (4) Borrow funds as may be necessary, for the operation and work of the corporation with the concurrence of the legislative body of the creating local government or local governments; (5) Enter into contracts and other instruments necessary, incidental or convenient to the performance of its duties and the exercise of its powers, including, but not limited to, intergovernmental agreements under the existing Tennessee Code for the joint exercise of powers under this chapter; (6) Make and execute contracts and other instruments necessary or convenient to the exercise of the powers to acquire, hold and dispose of real property held in the land bank; (7) Procure and enter into contracts for any type of insurance or indemnity against loss or damage to property from any cause, including loss of use and occupancy, against death or injury of any person, against employer's liability, against any act of any member, officer or employee of the corporation in the performance of the duties of such person's office or employment or any other insurable risk, as the board of directors, in its discretion, may deem necessary; (8) Accept donations, contributions, revenues, capital grants or gifts from any individual, association, public or private corporation, municipality or county of the state of Tennessee, the state of Tennessee or the United States government, or any agency or instrumentality of the state of Tennessee or the United States, for or in aid of any of the purposes of this chapter and enter into agreements in connection with the donations, contributions, revenues, capital grants or gifts; (9) Invest money of the corporation in investments that would be eligible investments for a municipality or county in the state and name and use depositories for its money with a bank or trust company which is a member of the Federal Deposit Insurance Corporation; (10) Enter into contracts which do not violate § 29-17-102 , for the management of or the sale of real property in the land bank; such power shall include the power to preserve the value or prevent diminution of the value of any such property until disposed of by the corporation, including the following actions: (A) Design, develop, construct, demolish, reconstruct, rehabilitate, renovate, relocate, and otherwise improve real property or rights or interests in real property; (B) Fix, charge and collect rents, fees and charges for the use of real property of the land bank and for services provided by the corporation; (C) Grant or acquire a license, easement, lease, as lessor and as lessee, or option with respect to real property in the land bank; and (D) Enter into limited partnerships, limited joint ventures and other limited collaborative relationships with local governments and other public and private entities within the designated boundary for the ownership, management, development, and disposition of real property; (11) Do all other things necessary or convenient to achieve the objectives and purposes of the corporation related to the real property held in the land bank; and (12) Bid at a tax sale conducted pursuant to title 67, chapter 5, subject to the same procedures and requirements applicable to other bidders. In addition, the corporation may negotiate and complete purchases and leases of parcels purchased at tax sales by counties and cities, subject to the same procedures and requirements applicable to other governmental entities. Amended by 2024 Tenn. Acts, ch. 967,s 9, eff. 5/21/2024. Amended by 2014 Tenn. Acts, ch. 793, s 3, eff. 4/25/2014. Acts 2012, ch. 1096, § 1.
The corporation shall have the power, as limited by the legislative body of the creating local government or local governments, to:
(1) Adopt, amend and repeal bylaws for the regulation of its affairs and the conduct of its business;
(2) Sue and be sued in its own name and plead and be impleaded in all civil actions, including, but not limited to, actions to clear title to the real property held in the land bank;
(3) Adopt a seal and to alter the same at pleasure;
(4) Borrow funds as may be necessary, for the operation and work of the corporation with the concurrence of the legislative body of the creating local government or local governments;
(5) Enter into contracts and other instruments necessary, incidental or convenient to the performance of its duties and the exercise of its powers, including, but not limited to, intergovernmental agreements under the existing Tennessee Code for the joint exercise of powers under this chapter;
(6) Make and execute contracts and other instruments necessary or convenient to the exercise of the powers to acquire, hold and dispose of real property held in the land bank;
(7) Procure and enter into contracts for any type of insurance or indemnity against loss or damage to property from any cause, including loss of use and occupancy, against death or injury of any person, against employer's liability, against any act of any member, officer or employee of the corporation in the performance of the duties of such person's office or employment or any other insurable risk, as the board of directors, in its discretion, may deem necessary;
(8) Accept donations, contributions, revenues, capital grants or gifts from any individual, association, public or private corporation, municipality or county of the state of Tennessee, the state of Tennessee or the United States government, or any agency or instrumentality of the state of Tennessee or the United States, for or in aid of any of the purposes of this chapter and enter into agreements in connection with the donations, contributions, revenues, capital grants or gifts;
(9) Invest money of the corporation in investments that would be eligible investments for a municipality or county in the state and name and use depositories for its money with a bank or trust company which is a member of the Federal Deposit Insurance Corporation;
(10) Enter into contracts which do not violate § 29-17-102 , for the management of or the sale of real property in the land bank; such power shall include the power to preserve the value or prevent diminution of the value of any such property until disposed of by the corporation, including the following actions: (A) Design, develop, construct, demolish, reconstruct, rehabilitate, renovate, relocate, and otherwise improve real property or rights or interests in real property; (B) Fix, charge and collect rents, fees and charges for the use of real property of the land bank and for services provided by the corporation; (C) Grant or acquire a license, easement, lease, as lessor and as lessee, or option with respect to real property in the land bank; and (D) Enter into limited partnerships, limited joint ventures and other limited collaborative relationships with local governments and other public and private entities within the designated boundary for the ownership, management, development, and disposition of real property;
(A) Design, develop, construct, demolish, reconstruct, rehabilitate, renovate, relocate, and otherwise improve real property or rights or interests in real property;
(B) Fix, charge and collect rents, fees and charges for the use of real property of the land bank and for services provided by the corporation;
(C) Grant or acquire a license, easement, lease, as lessor and as lessee, or option with respect to real property in the land bank; and
(D) Enter into limited partnerships, limited joint ventures and other limited collaborative relationships with local governments and other public and private entities within the designated boundary for the ownership, management, development, and disposition of real property;
(11) Do all other things necessary or convenient to achieve the objectives and purposes of the corporation related to the real property held in the land bank; and
(12) Bid at a tax sale conducted pursuant to title 67, chapter 5, subject to the same procedures and requirements applicable to other bidders. In addition, the corporation may negotiate and complete purchases and leases of parcels purchased at tax sales by counties and cities, subject to the same procedures and requirements applicable to other governmental entities.
Amended by 2024 Tenn. Acts, ch. 967,s 9, eff. 5/21/2024.
Amended by 2014 Tenn. Acts, ch. 793, s 3, eff. 4/25/2014.
Acts 2012, ch. 1096, § 1.
Tenn. Code Ann. § 13-4-101 — TN Code / Title 13 / Chapter 4 / Section 13-4-101
Creation of planning commission - Compensation - Appointment of members - Term of office - Vacancies - Training and continuing education
Status: in_force

(a) (1) The chief legislative body of any municipality, whether designated board of aldermen, board of commissioners or by other title, may create and establish a municipal planning commission. Such planning commission shall consist of not less than five (5) members and not more than ten (10) members, the number of members within the limits to be determined by the chief legislative body. One (1) of the members shall be the mayor of the municipality or a person designated by the mayor and one (1) of the members shall be a member of the chief legislative body of the municipality selected by that body. All other members shall be appointed by such mayor, except as otherwise provided in subsection (b). In making such appointments, the mayor shall strive to ensure that the racial composition of the planning commission is at least proportionately reflective of the municipality's racial minority population. The chief legislative body may determine whether, and in what amount, to compensate members of the planning commission. Any such compensation authorized is in addition to any other compensation received from the municipality. The compensation authorized by this section does not apply to members of a planning commission who also serve as members of a board of zoning appeals. The compensation authorized by this section may not be counted against a salary limitation established by charter or otherwise. The terms of appointive members shall be of such length as may be specified by the chief legislative body; provided, that they shall be so arranged that the term of one (1) member will expire each year. Any vacancy in an appointed membership shall be filled for the unexpired term by the mayor of the municipality, who shall also have authority to remove any appointed member at the mayor's pleasure. (2) Notwithstanding subdivision (a)(1), any member of a planning commission created by a municipality incorporated under a private act and having a population of not less than seven thousand four hundred (7,400) nor more than seven thousand five hundred (7,500), according to the 2000 federal census or any subsequent federal census, shall be appointed by a majority vote of the legislative body of the municipality. (b) All appointive members of the municipal planning commission created pursuant to subsection (a) in any municipality incorporated pursuant to title 6, chapter 18, having a population of not less than one thousand six hundred twenty-five (1,625) nor more than one thousand six hundred thirty-five (1,635) which lies within a county having a population of not less than thirty-four thousand four hundred (34,400) nor more than thirty-four thousand five hundred (34,500), both according to the 1970 federal census or any subsequent federal census, or in any municipality having a population of not less than twenty-three thousand nine hundred (23,900) nor more than twenty-four thousand (24,000), according to the 2000 federal census or any subsequent federal census, shall be appointed only by the chief legislative body of the municipality, and likewise any vacancy in an appointive membership shall be filled for the unexpired term only by the chief legislative body of the municipality, which shall also have the authority to remove any appointive member at its pleasure. In making such appointments, the chief legislative body shall strive to ensure that the racial composition of the planning commission is at least proportionately reflective of the municipality's racial minority population. Except as modified by this subsection (b), the provisions of subsection (a) shall remain in force. (c) (1) Each planning commissioner shall, within one (1) year of initial appointment and each calendar year thereafter, attend a minimum of four (4) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (c)(5). (2) Each full-time or contract professional planner or other administrative official whose duties include advising the planning commission shall, each calendar year, attend a minimum of eight (8) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (c)(5). A professional planner who is a member of the American Institute of Certified Planners (AICP) shall be exempt from this requirement. (3) Each of the individuals listed in subdivisions (c)(1) and (2) shall certify by December 31 of each calendar year such individual's attendance by a written statement filed with the secretary of such individual's respective planning commission. Each statement shall identify the date of each program attended, its subject matter, location, sponsors, and the time spent in each program. A professional planner who is a member of the AICP shall be exempt from this requirement. (4) The legislative body of the municipality shall be responsible for paying the training and continuing education course registration and travel expenses for each planning commissioner and full-time professional planner or other administrative official whose duties include advising the planning commission. (5) The subjects for the training and continuing education required by subdivisions (c)(1) and (2) shall include, but not be limited to, the following: land use planning; zoning; flood plain management; transportation; community facilities; ethics; public utilities; wireless telecommunications facilities; parliamentary procedure; public hearing procedure; land use law; natural resources and agricultural land conservation; economic development; housing; public buildings; land subdivision; and powers and duties of the planning commission. Other topics reasonably related to the duties of planning commission members or professional planners or other administrative officials whose duties include advising the planning commission may be approved by majority vote of the planning commission prior to December 31 of the year for which credit is sought. (6) Each local planning commission shall keep in its official public record originals of all statements and the written documentation of attendance required to comply with these provisions for three (3) years after the calendar year in which each statement and appurtenant written documentation is filed. (7) Each planning commissioner and each professional planner or other administrative official whose duties include advising the planning commission shall be responsible for obtaining written documentation signed by a representative of the sponsor of any continuing education course for which credit is claimed, acknowledging the fact that the individual attended the program for which credit is claimed. A member of the AICP shall be exempt from this requirement. (8) If a planning commissioner fails to complete the requisite number of hours of training and continuing education within the time allotted by this subsection (c) or fails to file the statement required by this subsection (c), then this shall constitute a cause for the removal of the planning commission member from the planning commission. (9) The legislative body of the municipality may, at any time, opt out of this subsection (c) by passage of an ordinance. Further any such legislative body that has opted out may, at a later date, opt in by passage of an ordinance. Acts 1935, ch. 34, § 1; C. Supp. 1950, § 3493.1; T.C.A. (orig. ed.), § 13-501; Acts 1981, ch. 222, §§ 1-3; 1987, ch. 406, §§ 1, 2; 1994, ch. 611, § 1; 1996, ch. 977, §§ 2, 3; 2002, ch. 862, § 4; 2008, ch. 734, § 1; 2008, ch. 1150, § 16; 2009, ch. 47, §§ 7-9.
(a) (1) The chief legislative body of any municipality, whether designated board of aldermen, board of commissioners or by other title, may create and establish a municipal planning commission. Such planning commission shall consist of not less than five (5) members and not more than ten (10) members, the number of members within the limits to be determined by the chief legislative body. One (1) of the members shall be the mayor of the municipality or a person designated by the mayor and one (1) of the members shall be a member of the chief legislative body of the municipality selected by that body. All other members shall be appointed by such mayor, except as otherwise provided in subsection (b). In making such appointments, the mayor shall strive to ensure that the racial composition of the planning commission is at least proportionately reflective of the municipality's racial minority population. The chief legislative body may determine whether, and in what amount, to compensate members of the planning commission. Any such compensation authorized is in addition to any other compensation received from the municipality. The compensation authorized by this section does not apply to members of a planning commission who also serve as members of a board of zoning appeals. The compensation authorized by this section may not be counted against a salary limitation established by charter or otherwise. The terms of appointive members shall be of such length as may be specified by the chief legislative body; provided, that they shall be so arranged that the term of one (1) member will expire each year. Any vacancy in an appointed membership shall be filled for the unexpired term by the mayor of the municipality, who shall also have authority to remove any appointed member at the mayor's pleasure. (2) Notwithstanding subdivision (a)(1), any member of a planning commission created by a municipality incorporated under a private act and having a population of not less than seven thousand four hundred (7,400) nor more than seven thousand five hundred (7,500), according to the 2000 federal census or any subsequent federal census, shall be appointed by a majority vote of the legislative body of the municipality.
(1) The chief legislative body of any municipality, whether designated board of aldermen, board of commissioners or by other title, may create and establish a municipal planning commission. Such planning commission shall consist of not less than five (5) members and not more than ten (10) members, the number of members within the limits to be determined by the chief legislative body. One (1) of the members shall be the mayor of the municipality or a person designated by the mayor and one (1) of the members shall be a member of the chief legislative body of the municipality selected by that body. All other members shall be appointed by such mayor, except as otherwise provided in subsection (b). In making such appointments, the mayor shall strive to ensure that the racial composition of the planning commission is at least proportionately reflective of the municipality's racial minority population. The chief legislative body may determine whether, and in what amount, to compensate members of the planning commission. Any such compensation authorized is in addition to any other compensation received from the municipality. The compensation authorized by this section does not apply to members of a planning commission who also serve as members of a board of zoning appeals. The compensation authorized by this section may not be counted against a salary limitation established by charter or otherwise. The terms of appointive members shall be of such length as may be specified by the chief legislative body; provided, that they shall be so arranged that the term of one (1) member will expire each year. Any vacancy in an appointed membership shall be filled for the unexpired term by the mayor of the municipality, who shall also have authority to remove any appointed member at the mayor's pleasure.
(2) Notwithstanding subdivision (a)(1), any member of a planning commission created by a municipality incorporated under a private act and having a population of not less than seven thousand four hundred (7,400) nor more than seven thousand five hundred (7,500), according to the 2000 federal census or any subsequent federal census, shall be appointed by a majority vote of the legislative body of the municipality.
(b) All appointive members of the municipal planning commission created pursuant to subsection (a) in any municipality incorporated pursuant to title 6, chapter 18, having a population of not less than one thousand six hundred twenty-five (1,625) nor more than one thousand six hundred thirty-five (1,635) which lies within a county having a population of not less than thirty-four thousand four hundred (34,400) nor more than thirty-four thousand five hundred (34,500), both according to the 1970 federal census or any subsequent federal census, or in any municipality having a population of not less than twenty-three thousand nine hundred (23,900) nor more than twenty-four thousand (24,000), according to the 2000 federal census or any subsequent federal census, shall be appointed only by the chief legislative body of the municipality, and likewise any vacancy in an appointive membership shall be filled for the unexpired term only by the chief legislative body of the municipality, which shall also have the authority to remove any appointive member at its pleasure. In making such appointments, the chief legislative body shall strive to ensure that the racial composition of the planning commission is at least proportionately reflective of the municipality's racial minority population. Except as modified by this subsection (b), the provisions of subsection (a) shall remain in force.
(c) (1) Each planning commissioner shall, within one (1) year of initial appointment and each calendar year thereafter, attend a minimum of four (4) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (c)(5). (2) Each full-time or contract professional planner or other administrative official whose duties include advising the planning commission shall, each calendar year, attend a minimum of eight (8) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (c)(5). A professional planner who is a member of the American Institute of Certified Planners (AICP) shall be exempt from this requirement. (3) Each of the individuals listed in subdivisions (c)(1) and (2) shall certify by December 31 of each calendar year such individual's attendance by a written statement filed with the secretary of such individual's respective planning commission. Each statement shall identify the date of each program attended, its subject matter, location, sponsors, and the time spent in each program. A professional planner who is a member of the AICP shall be exempt from this requirement. (4) The legislative body of the municipality shall be responsible for paying the training and continuing education course registration and travel expenses for each planning commissioner and full-time professional planner or other administrative official whose duties include advising the planning commission. (5) The subjects for the training and continuing education required by subdivisions (c)(1) and (2) shall include, but not be limited to, the following: land use planning; zoning; flood plain management; transportation; community facilities; ethics; public utilities; wireless telecommunications facilities; parliamentary procedure; public hearing procedure; land use law; natural resources and agricultural land conservation; economic development; housing; public buildings; land subdivision; and powers and duties of the planning commission. Other topics reasonably related to the duties of planning commission members or professional planners or other administrative officials whose duties include advising the planning commission may be approved by majority vote of the planning commission prior to December 31 of the year for which credit is sought. (6) Each local planning commission shall keep in its official public record originals of all statements and the written documentation of attendance required to comply with these provisions for three (3) years after the calendar year in which each statement and appurtenant written documentation is filed. (7) Each planning commissioner and each professional planner or other administrative official whose duties include advising the planning commission shall be responsible for obtaining written documentation signed by a representative of the sponsor of any continuing education course for which credit is claimed, acknowledging the fact that the individual attended the program for which credit is claimed. A member of the AICP shall be exempt from this requirement. (8) If a planning commissioner fails to complete the requisite number of hours of training and continuing education within the time allotted by this subsection (c) or fails to file the statement required by this subsection (c), then this shall constitute a cause for the removal of the planning commission member from the planning commission. (9) The legislative body of the municipality may, at any time, opt out of this subsection (c) by passage of an ordinance. Further any such legislative body that has opted out may, at a later date, opt in by passage of an ordinance.
(1) Each planning commissioner shall, within one (1) year of initial appointment and each calendar year thereafter, attend a minimum of four (4) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (c)(5).
(2) Each full-time or contract professional planner or other administrative official whose duties include advising the planning commission shall, each calendar year, attend a minimum of eight (8) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (c)(5). A professional planner who is a member of the American Institute of Certified Planners (AICP) shall be exempt from this requirement.
(3) Each of the individuals listed in subdivisions (c)(1) and (2) shall certify by December 31 of each calendar year such individual's attendance by a written statement filed with the secretary of such individual's respective planning commission. Each statement shall identify the date of each program attended, its subject matter, location, sponsors, and the time spent in each program. A professional planner who is a member of the AICP shall be exempt from this requirement.
(4) The legislative body of the municipality shall be responsible for paying the training and continuing education course registration and travel expenses for each planning commissioner and full-time professional planner or other administrative official whose duties include advising the planning commission.
(5) The subjects for the training and continuing education required by subdivisions (c)(1) and (2) shall include, but not be limited to, the following: land use planning; zoning; flood plain management; transportation; community facilities; ethics; public utilities; wireless telecommunications facilities; parliamentary procedure; public hearing procedure; land use law; natural resources and agricultural land conservation; economic development; housing; public buildings; land subdivision; and powers and duties of the planning commission. Other topics reasonably related to the duties of planning commission members or professional planners or other administrative officials whose duties include advising the planning commission may be approved by majority vote of the planning commission prior to December 31 of the year for which credit is sought.
(6) Each local planning commission shall keep in its official public record originals of all statements and the written documentation of attendance required to comply with these provisions for three (3) years after the calendar year in which each statement and appurtenant written documentation is filed.
(7) Each planning commissioner and each professional planner or other administrative official whose duties include advising the planning commission shall be responsible for obtaining written documentation signed by a representative of the sponsor of any continuing education course for which credit is claimed, acknowledging the fact that the individual attended the program for which credit is claimed. A member of the AICP shall be exempt from this requirement.
(8) If a planning commissioner fails to complete the requisite number of hours of training and continuing education within the time allotted by this subsection (c) or fails to file the statement required by this subsection (c), then this shall constitute a cause for the removal of the planning commission member from the planning commission.
(9) The legislative body of the municipality may, at any time, opt out of this subsection (c) by passage of an ordinance. Further any such legislative body that has opted out may, at a later date, opt in by passage of an ordinance.
Acts 1935, ch. 34, § 1; C. Supp. 1950, § 3493.1; T.C.A. (orig. ed.), § 13-501; Acts 1981, ch. 222, §§ 1-3; 1987, ch. 406, §§ 1, 2; 1994, ch. 611, § 1; 1996, ch. 977, §§ 2, 3; 2002, ch. 862, § 4; 2008, ch. 734, § 1; 2008, ch. 1150, § 16; 2009, ch. 47, §§ 7-9.
Tenn. Code Ann. § 13-11-114 — TN Code / Title 13 / Chapter 11 / Section 13-11-114
Administration - Relocation assistance programs
Status: in_force

To prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of this chapter, a state agency, applicable local agency, or applicable person may enter into contracts with any individual, firm, or corporation for services in connection with a program or project, or may carry out all functions provided for under this chapter through any federal agency or any state agency, or any local agency, or any person having an established organization for conducting this chapter. Acts 1972, ch. 608, § 14; T.C.A., § 13-1914; Acts 1988, ch. 627, § 12.
To prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of this chapter, a state agency, applicable local agency, or applicable person may enter into contracts with any individual, firm, or corporation for services in connection with a program or project, or may carry out all functions provided for under this chapter through any federal agency or any state agency, or any local agency, or any person having an established organization for conducting this chapter.
Acts 1972, ch. 608, § 14; T.C.A., § 13-1914; Acts 1988, ch. 627, § 12.
Tenn. Code Ann. § 13-24-406 — TN Code / Title 13 / Chapter 24 / Section 13-24-406
Prohibited activities
Status: in_force

(a) An authority shall not: (1) Enter into an exclusive arrangement with a person for use of a ROW for the construction, operation, marketing, or maintenance of small wireless facilities; (2) Discriminate by prohibiting an applicant from making an installation that is generally permitted when performed by other entities entitled to deploy infrastructure in a ROW or by imposing maintenance or repair obligations not generally applicable to all entities entitled to deploy infrastructure in a ROW; (3) Impose discriminatory prohibitions against deploying a new PSS for small wireless facilities in a ROW. Only requirements imposed generally to other entities entitled to deploy infrastructure in a ROW may be applied to prohibit an applicant's deployment of a new PSS in a ROW; or (4) Except as provided in this part or otherwise specifically authorized by state law, adopt or enforce regulations or requirements on the placement or operation of communications facilities in a ROW by a communications service provider authorized by state or local law to operate in a ROW; regulate communications services; or impose or collect a tax, fee, or charge for the provision of communications service over the communications service provider's communications facilities in a ROW. (b) With respect to aesthetic plans, this section does not prohibit an authority from reasonably differentiating among providers of functionally equivalent services. Amended by 2022 Tenn. Acts, ch. 799, s 3, eff. 4/8/2022. Added by 2018 Tenn. Acts, ch. 819, s 1, eff. 4/24/2018.
(a) An authority shall not: (1) Enter into an exclusive arrangement with a person for use of a ROW for the construction, operation, marketing, or maintenance of small wireless facilities; (2) Discriminate by prohibiting an applicant from making an installation that is generally permitted when performed by other entities entitled to deploy infrastructure in a ROW or by imposing maintenance or repair obligations not generally applicable to all entities entitled to deploy infrastructure in a ROW; (3) Impose discriminatory prohibitions against deploying a new PSS for small wireless facilities in a ROW. Only requirements imposed generally to other entities entitled to deploy infrastructure in a ROW may be applied to prohibit an applicant's deployment of a new PSS in a ROW; or (4) Except as provided in this part or otherwise specifically authorized by state law, adopt or enforce regulations or requirements on the placement or operation of communications facilities in a ROW by a communications service provider authorized by state or local law to operate in a ROW; regulate communications services; or impose or collect a tax, fee, or charge for the provision of communications service over the communications service provider's communications facilities in a ROW.
(1) Enter into an exclusive arrangement with a person for use of a ROW for the construction, operation, marketing, or maintenance of small wireless facilities;
(2) Discriminate by prohibiting an applicant from making an installation that is generally permitted when performed by other entities entitled to deploy infrastructure in a ROW or by imposing maintenance or repair obligations not generally applicable to all entities entitled to deploy infrastructure in a ROW;
(3) Impose discriminatory prohibitions against deploying a new PSS for small wireless facilities in a ROW. Only requirements imposed generally to other entities entitled to deploy infrastructure in a ROW may be applied to prohibit an applicant's deployment of a new PSS in a ROW; or
(4) Except as provided in this part or otherwise specifically authorized by state law, adopt or enforce regulations or requirements on the placement or operation of communications facilities in a ROW by a communications service provider authorized by state or local law to operate in a ROW; regulate communications services; or impose or collect a tax, fee, or charge for the provision of communications service over the communications service provider's communications facilities in a ROW.
(b) With respect to aesthetic plans, this section does not prohibit an authority from reasonably differentiating among providers of functionally equivalent services.
Amended by 2022 Tenn. Acts, ch. 799, s 3, eff. 4/8/2022.
Added by 2018 Tenn. Acts, ch. 819, s 1, eff. 4/24/2018.
Tenn. Code Ann. § 13-23-505 — TN Code / Title 13 / Chapter 23 / Section 13-23-505
Special escrow account - Revenue sources
Status: in_force

(a) Any participating unit of local government may create a special escrow account earmarked for the sole purpose of generating revenue to transfer to the housing trust fund. (b) Notwithstanding any other provision of law to the contrary, a participating unit of local government may specifically authorize that any revenue source, except pension or retirement funds over which the unit of local government has authority to levy and collect, may be used to provide endowment and contributions to the housing trust fund, either directly or through deposit in the special escrow account, and then by transfer to the housing trust fund. Acts 1990, ch. 986, § 6.
(a) Any participating unit of local government may create a special escrow account earmarked for the sole purpose of generating revenue to transfer to the housing trust fund.
(b) Notwithstanding any other provision of law to the contrary, a participating unit of local government may specifically authorize that any revenue source, except pension or retirement funds over which the unit of local government has authority to levy and collect, may be used to provide endowment and contributions to the housing trust fund, either directly or through deposit in the special escrow account, and then by transfer to the housing trust fund.
Acts 1990, ch. 986, § 6.
Tenn. Code Ann. § 13-29-103 — TN Code / Title 13 / Chapter 29 / Section 13-29-103
Purpose of chapter
Status: in_force

The purpose of this chapter is to create one (1) central certification process that would permit reciprocity of certification for minority businesses throughout Tennessee. Acts 1997, ch. 404, § 2.
The purpose of this chapter is to create one (1) central certification process that would permit reciprocity of certification for minority businesses throughout Tennessee.
Acts 1997, ch. 404, § 2.
Tenn. Code Ann. § 13-3-202 — TN Code / Title 13 / Chapter 3 / Section 13-3-202
Powers and duties of community planning commissions
Status: in_force

The community planning commissions shall be granted all the powers and duties as are granted regional planning commissions and municipal planning commissions and all the powers and duties as set forth in chapters 4 and 7 of this title. Acts 1939, ch. 158, § 3; C. Supp. 1950, § 3291.25 (Williams, § 552.24c); T.C.A. (orig. ed.), § 13-211.
The community planning commissions shall be granted all the powers and duties as are granted regional planning commissions and municipal planning commissions and all the powers and duties as set forth in chapters 4 and 7 of this title.
Acts 1939, ch. 158, § 3; C. Supp. 1950, § 3291.25 (Williams, § 552.24c); T.C.A. (orig. ed.), § 13-211.
Tenn. Code Ann. § 13-23-204 — TN Code / Title 13 / Chapter 23 / Section 13-23-204
Maximum amount of loan
Status: in_force

The maximum mortgage amount for a development financed by the Tennessee housing development agency pursuant to this part shall not exceed three hundred fifty thousand dollars ($350,000). Acts 1977, ch. 236, § 4; T.C.A., § 13-2344.
The maximum mortgage amount for a development financed by the Tennessee housing development agency pursuant to this part shall not exceed three hundred fifty thousand dollars ($350,000).
Acts 1977, ch. 236, § 4; T.C.A., § 13-2344.
Tenn. Code Ann. § 13-11-116 — TN Code / Title 13 / Chapter 11 / Section 13-11-116
Replacement by building code enforcement or voluntary rehabilitation
Status: in_force

A person who moves or discontinues such person's business or moves other personal property, or moves from such person's dwelling on or after March 30, 1972, as the direct result of building code enforcement activities or a program of rehabilitation of buildings conducted pursuant to a state project or program shall, for the purposes of this chapter, be deemed to have been displaced as the result of the acquisition of real property. Acts 1972, ch. 608, § 16; T.C.A., § 13-1916.
A person who moves or discontinues such person's business or moves other personal property, or moves from such person's dwelling on or after March 30, 1972, as the direct result of building code enforcement activities or a program of rehabilitation of buildings conducted pursuant to a state project or program shall, for the purposes of this chapter, be deemed to have been displaced as the result of the acquisition of real property.
Acts 1972, ch. 608, § 16; T.C.A., § 13-1916.
Tenn. Code Ann. § 13-7-410 — TN Code / Title 13 / Chapter 7 / Section 13-7-410
Applicability of part relative to regional historic zoning commissioners
Status: in_force

The provisions of this part relative to "regional historic zoning commissioners" shall not apply in any county having a metropolitan form of government and having a population of not less than four hundred thousand (400,000) nor more than five hundred thousand (500,000), according to the 1980 federal census or any subsequent federal census. Acts 1987, ch. 40, § 7.
The provisions of this part relative to "regional historic zoning commissioners" shall not apply in any county having a metropolitan form of government and having a population of not less than four hundred thousand (400,000) nor more than five hundred thousand (500,000), according to the 1980 federal census or any subsequent federal census.
Acts 1987, ch. 40, § 7.
Tenn. Code Ann. § 13-4-307 — TN Code / Title 13 / Chapter 4 / Section 13-4-307
Acceptance of and improvements of unapproved streets
Status: in_force

From and after the time when the platting jurisdiction of any municipal planning commission has attached as provided in § 13-4-302 , the municipality shall not, nor shall any public authority, accept, lay out, open, improve, grade, pave, or light any street, or lay or authorize water mains or sewers or connections to be laid in any street within the municipality, unless such street shall have been accepted or opened as or shall have otherwise received the legal status of a public street prior to the attachment of the commission's subdivision jurisdiction, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the planning commission or with a street plat made and adopted by the commission; provided, that the chief legislative body of the municipality may locate and construct or may accept any other street, provided the ordinance or other measure for such location and construction or for such acceptance is first submitted to the planning commission for its approval, and, if disapproved by the commission, be passed by a majority of the entire membership of the legislative body; and a street, approved by the planning commission upon such submission or constructed or accepted by such majority vote after disapproval by the commission, shall have the status of an approved street as fully as though it has been originally shown on a subdivision plat approved by the commission or on a plat made and adopted by the commission. Acts 1935, ch. 45, § 6; C. Supp. 1950, § 3407.15; T.C.A. (orig. ed.), § 13-607.
From and after the time when the platting jurisdiction of any municipal planning commission has attached as provided in § 13-4-302 , the municipality shall not, nor shall any public authority, accept, lay out, open, improve, grade, pave, or light any street, or lay or authorize water mains or sewers or connections to be laid in any street within the municipality, unless such street shall have been accepted or opened as or shall have otherwise received the legal status of a public street prior to the attachment of the commission's subdivision jurisdiction, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the planning commission or with a street plat made and adopted by the commission; provided, that the chief legislative body of the municipality may locate and construct or may accept any other street, provided the ordinance or other measure for such location and construction or for such acceptance is first submitted to the planning commission for its approval, and, if disapproved by the commission, be passed by a majority of the entire membership of the legislative body; and a street, approved by the planning commission upon such submission or constructed or accepted by such majority vote after disapproval by the commission, shall have the status of an approved street as fully as though it has been originally shown on a subdivision plat approved by the commission or on a plat made and adopted by the commission.
Acts 1935, ch. 45, § 6; C. Supp. 1950, § 3407.15; T.C.A. (orig. ed.), § 13-607.
Tenn. Code Ann. § 13-13-204 — TN Code / Title 13 / Chapter 13 / Section 13-13-204
Inner city safe neighborhood pilot demonstration project
Status: in_force

There is hereby created the inner city safe neighborhood pilot demonstration project. The purpose of the pilot demonstration project is to encourage, enhance, and evaluate the efforts of neighborhoods, local neighborhood development corporations, municipalities, counties, and state agencies to jointly and cooperatively plan, design, finance, construct, maintain, and secure safewalks within the inner city residential areas of the state's urban centers. Acts 1996, ch. 896, § 4.
There is hereby created the inner city safe neighborhood pilot demonstration project. The purpose of the pilot demonstration project is to encourage, enhance, and evaluate the efforts of neighborhoods, local neighborhood development corporations, municipalities, counties, and state agencies to jointly and cooperatively plan, design, finance, construct, maintain, and secure safewalks within the inner city residential areas of the state's urban centers.
Acts 1996, ch. 896, § 4.
Tenn. Code Ann. § 13-10-108 — TN Code / Title 13 / Chapter 10 / Section 13-10-108
Purposes for which any local government may adopt local ordinances delineated
Status: in_force

(a) Any local government may adopt local ordinances to authorize: (1) The acquisition, construction, reconstruction, improvement, maintenance or operation of one (1) or more mass transportation projects, and the use of streets, roads, highways, avenues, parks, or public places for these purposes; (2) The making of a contract or contracts for the acquisition by purchase of all or any part of the property, plant, and equipment of an existing mass transportation facility actually used and useful for the convenience of the public; (3) The making of a contract or contracts with any person, firm or corporation, including a public authority, for the equipment, maintenance or operation of a mass transportation facility owned, acquired, constructed, reconstructed or improved by the local government; and (4) The making of a contract or contracts for a fair and reasonable consideration for mass transportation services to be rendered to the public by a privately-owned or operated mass transportation facility. Such power shall include, but not be limited to, the power to appropriate funds for payment of such consideration, and to provide that all or part of such consideration shall be in the form of capital equipment to be furnished to and used and maintained by such privately-owned or operated mass transportation facility. (b) The powers granted by this section shall be in addition to, and not in substitution for, any other power to acquire, construct, reconstruct, improve, equip, maintain or operate any mass transportation capital project. Acts 1972, ch. 829, § 14; 1977, ch. 276, § 25; T.C.A., § 13-1708.
(a) Any local government may adopt local ordinances to authorize: (1) The acquisition, construction, reconstruction, improvement, maintenance or operation of one (1) or more mass transportation projects, and the use of streets, roads, highways, avenues, parks, or public places for these purposes; (2) The making of a contract or contracts for the acquisition by purchase of all or any part of the property, plant, and equipment of an existing mass transportation facility actually used and useful for the convenience of the public; (3) The making of a contract or contracts with any person, firm or corporation, including a public authority, for the equipment, maintenance or operation of a mass transportation facility owned, acquired, constructed, reconstructed or improved by the local government; and (4) The making of a contract or contracts for a fair and reasonable consideration for mass transportation services to be rendered to the public by a privately-owned or operated mass transportation facility. Such power shall include, but not be limited to, the power to appropriate funds for payment of such consideration, and to provide that all or part of such consideration shall be in the form of capital equipment to be furnished to and used and maintained by such privately-owned or operated mass transportation facility.
(1) The acquisition, construction, reconstruction, improvement, maintenance or operation of one (1) or more mass transportation projects, and the use of streets, roads, highways, avenues, parks, or public places for these purposes;
(2) The making of a contract or contracts for the acquisition by purchase of all or any part of the property, plant, and equipment of an existing mass transportation facility actually used and useful for the convenience of the public;
(3) The making of a contract or contracts with any person, firm or corporation, including a public authority, for the equipment, maintenance or operation of a mass transportation facility owned, acquired, constructed, reconstructed or improved by the local government; and
(4) The making of a contract or contracts for a fair and reasonable consideration for mass transportation services to be rendered to the public by a privately-owned or operated mass transportation facility. Such power shall include, but not be limited to, the power to appropriate funds for payment of such consideration, and to provide that all or part of such consideration shall be in the form of capital equipment to be furnished to and used and maintained by such privately-owned or operated mass transportation facility.
(b) The powers granted by this section shall be in addition to, and not in substitution for, any other power to acquire, construct, reconstruct, improve, equip, maintain or operate any mass transportation capital project.
Acts 1972, ch. 829, § 14; 1977, ch. 276, § 25; T.C.A., § 13-1708.
Tenn. Code Ann. § 13-20-401 — TN Code / Title 13 / Chapter 20 / Section 13-20-401
Petition for creation of authority - Notice
Status: in_force

(a) Any twenty-five (25) residents of a city, and of the area within ten (10) miles from the territorial boundaries thereof, may file a petition with the city clerk setting forth that there is a need for an authority to function in the city and the surrounding area. (b) Upon the filing of such a petition, the city clerk shall give notice of the time, place, and purposes of a public hearing at which the council will determine the need for an authority in the city and the surrounding area. (c) Such notice shall be given at the city's expense by publishing a notice, at least ten (10) days preceding the day on which the hearing is to be held, in a newspaper having a general circulation in the city and the surrounding area, or, if there is no such newspaper, by posting such notice in at least three (3) public places within the city, at least ten (10) days preceding the day on which the hearing is to be held. Acts 1935 (Ex. Sess.), ch. 20, § 4; C. Supp. 1950, § 3647.3 (Williams, § 3647.4); T.C.A. (orig. ed.), § 13-901.
(a) Any twenty-five (25) residents of a city, and of the area within ten (10) miles from the territorial boundaries thereof, may file a petition with the city clerk setting forth that there is a need for an authority to function in the city and the surrounding area.
(b) Upon the filing of such a petition, the city clerk shall give notice of the time, place, and purposes of a public hearing at which the council will determine the need for an authority in the city and the surrounding area.
(c) Such notice shall be given at the city's expense by publishing a notice, at least ten (10) days preceding the day on which the hearing is to be held, in a newspaper having a general circulation in the city and the surrounding area, or, if there is no such newspaper, by posting such notice in at least three (3) public places within the city, at least ten (10) days preceding the day on which the hearing is to be held.
Acts 1935 (Ex. Sess.), ch. 20, § 4; C. Supp. 1950, § 3647.3 (Williams, § 3647.4); T.C.A. (orig. ed.), § 13-901.
Tenn. Code Ann. § 13-20-205 — TN Code / Title 13 / Chapter 20 / Section 13-20-205
Redevelopment plan containing tax increment financing provisions - Allocation of taxes collected - Contents of plan - Tax status of property leased
Status: in_force

(a) Any authority may, and is authorized to, adopt a redevelopment plan or urban renewal plan so that it contains a tax increment financing provision providing that taxes, if any, levied upon property within the boundaries of the redevelopment plan or urban renewal plan each year, by any taxing agency after the effective date of the resolution of the governing body approving the redevelopment plan or urban renewal plan or amendment, shall be divided as follows: (1) For properties subject to a redevelopment plan or urban renewal plan containing or amended to contain a tax increment financing provision approved prior to July 1, 2006, that portion of the taxes which would be produced by the rate at which the tax is levied each year by each taxing agency, upon the assessed value of such property as shown upon the assessment roll of the appropriate assessor, as of the date of the most recently determined valuation prior to the acquisition of such property by the authority (the assessed value being herein called the "base assessment") shall be allocated to, and when collected, shall be paid to, the respective taxing agencies as taxes levied by such taxing agencies on all other property are paid; provided, that in any year in which the actual assessment of the area comprising a redevelopment project is less than the base assessment, there shall be allocated and paid to the respective taxing agencies only those taxes actually produced by the application of the current tax rates against such actual assessment. For properties subject to a redevelopment plan or urban renewal plan containing or amended to contain a tax increment financing provision approved after July 1, 2006, the base assessment of the property for purposes of this subdivision (a)(1) shall be determined as of the date of the most recently determined valuation prior to the date on which the redevelopment plan or urban renewal plan or amendment of the plan was approved by the applicable municipality or municipalities pursuant to § 13-20-203 ; (2) All the taxes levied in each year in excess of the amount provided for in subdivision (a)(1) shall be allocated to and, when collected, shall be paid into a special fund or funds of the authority to pay the principal of and interest on bonds, loans or other indebtedness incurred or to be incurred by the authority to finance or refinance, in whole or in part, the redevelopment project contemplated by such redevelopment plan; (3) Upon the retirement of all bonds, loans or other indebtedness incurred by the authority and payable from such special fund or funds or at such time as moneys on deposit in such special fund or funds are sufficient for such purpose, all the taxes referred to in subdivision (a)(2) shall, when collected, be paid to the respective taxing agencies as taxes levied by such taxing agencies on all other property are paid; and (4) Taxes shall be levied and collected over all or any part of the area comprising a redevelopment project in the manner provided by law with the following exceptions: (A) The appropriate assessor shall, in each year during the period in which taxes are to be allocated to the authority pursuant to subdivision (a)(2), compute and certify the net amount, if any, by which the then current assessed value of all taxable property located within the redevelopment project which is subject to taxation by the particular taxing agency exceeds the base assessment. The net amount of any such increase is referred to in this subdivision (a)(4) as the incremental value for that particular year; (B) In any year in which taxes are to be allocated to the authority pursuant to subdivision (a)(2) in which there is an incremental value, the appropriate assessor shall exclude it from the assessed value upon which the appropriate assessor computes the tax rates for taxes levied that year by the taxing agency. However, the appropriate assessor shall extend the aggregate tax rate of such taxes against the base assessment and the incremental value and shall apply the taxes collected therefrom, subject to any other provisions hereof, as provided above; and (C) For purposes of this section, if in any year property comprising a portion of a particular redevelopment project shall be removed from the tax rolls of a taxing agency, the base assessment for the area of such redevelopment project shall be reduced by the amount of the base assessment allocable to the property so removed for each subsequent year in which taxes are to be allocated to a particular authority pursuant to the above provisions. (b) (1) If an authority adopts a redevelopment plan or an amendment to an existing plan which includes tax increment financing provisions, such new plan or the existing plan, as so amended, shall describe, in addition to the matters required by § 13-20-203(a)(2)(A)-(C) and (b)(2)(A)(i)-(iii) , the following: (A) An estimate of the cost of the redevelopment project; (B) The sources of revenue to finance the costs of the project, including the estimated tax increment; (C) An estimate of the amount and the final maturity of bonded or other indebtedness to be incurred; and (D) An estimate of the impact of the tax increment financing provision upon all taxing agencies in which the redevelopment project is to be located. (2) The foregoing information set forth in this subsection (b) shall be made available to the public not less than five (5) days prior to the date set for the public hearing hereinafter required by subsection (c). (c) (1) Except in counties having a metropolitan form of government or a population greater than seven hundred seventy thousand (770,000), according to the 1980 federal census or any subsequent federal census, no redevelopment plan containing a tax increment financing provision or amendment to an existing plan adding a tax increment financing provision shall be effective unless and until it has been approved by the governing body of the municipality and the governing body of the county affected, following a public hearing as provided in § 13-20-203 , except that the approval of the governing body of the county affected shall not be required wherever its disapproval of a redevelopment project has been dissolved as prescribed by § 13-20-203(b)(3) . (2) The notice of the public hearing shall be given in the manner and shall contain the information required by § 13-20-203 and shall additionally set forth in clear and plain language the contemplated use of tax increment financing in connection with the redevelopment project. Such notice shall also set forth where the information required by subsection (b) may be obtained. Not less than twenty-one (21) days prior to the date set for the public hearing, the governing body shall deliver or mail, postage prepaid, to each taxing agency currently levying taxes upon any property in the project area, and which would be affected by the tax increment financing provision, a copy of the notice of the public hearing, together with a statement that if the redevelopment plan containing a tax increment financing provision or amendment to an existing plan adding a tax increment financing provision is approved, certain property taxes resulting from increases in assessed valuation of property situated within the area included in the plan above the assessed value of such property appearing on the appropriate assessment rolls as last determined prior to the date on which the redevelopment plan or urban renewal plan or amendment of the plan was approved by the applicable municipality or municipalities may be allocated to a special fund or funds of the authority for redevelopment purposes rather than being paid into the treasury of the taxing agency. (d) The foregoing provisions of subsections (b) and (c) shall not apply to any redevelopment plan or amendment to an existing plan which included a tax increment financing provision and which has been submitted to and approved by the governing body of the municipality, or agency designated by it or empowered by law so to act, in which any of the area to be covered by the redevelopment project is situated pursuant to and in accordance with § 13-20-203 prior to April 11, 1978, and the previously approved redevelopment plan or amendment thereto described above shall not be required to be resubmitted and approved by the governing body or agency pursuant to the additional provision of subsections (b) and (c). The remaining provisions of this section shall be applicable to and govern the previously approved plan and the tax increment financing provision contained in such plan. (e) After the approval by the governing body of a redevelopment plan containing a tax increment financing provision or an amendment to an existing plan adding a tax increment financing provision, the authority shall transmit to the appropriate assessors of property and to each taxing agency to be affected a copy of the description of all land within the redevelopment area and the date or dates of the approval of the redevelopment plan or amendment to the plan, a copy of the resolution approving the redevelopment plan or approving an amendment to the plan, and a map or plat indicating the boundaries of the property; and taxes shall thereafter, when collected, be allocated and paid in the manner provided in the redevelopment plan or amendment to the plan. (f) Any property which the authority leases to private individuals or corporations for development under a redevelopment plan and any property which the authority has developed under a redevelopment plan and leases to private individuals or corporations shall have the same tax status as if such leased property were owned by such private individuals or corporations. After June 1, 1997, the foregoing provisions of this subsection (f) shall apply only to property financed with tax increment financing. Prior to June 1, 1997, any property owned, constructed, or improved by the authority which is not financed through tax increment financing shall have the same tax status as all other property owned by the authority. (g) Notwithstanding anything to the contrary in this section, taxes levied upon property subject to tax increment financing provisions by any taxing agency for the payment of principal of and interest on all bonds, loans or other indebtedness of such taxing agency, and taxes levied by or for the benefit of the state of Tennessee, shall not be subject to allocation as provided in subsection (a), but shall be levied against such property and, when collected, paid to such taxing agency as taxes levied by such taxing agency on all other property are paid and collected. (h) In the event of any conflict between this section or this chapter and the Uniformity in Tax Increment Financing Act of 2012, compiled in title 9, chapter 23, title 9, chapter 23 shall control. Acts 1945, ch. 114, § 6; C. Supp. 1950, § 3647.29R (Williams, § 3647.57); Acts 1977, ch. 186, § 1; 1978, ch. 854, § 3; T.C.A. (orig. ed.), § 13-817; Acts 1982, ch. 906, §§ 3, 4, 6; 1987, ch. 349, § 3; 1997, ch. 254, § 1; 2006, ch. 999, §§ 8 - 11; 2008, ch. 971, § 1; 2009, ch. 406, §§ 2-4; 2012, ch. 605, § 5.
(a) Any authority may, and is authorized to, adopt a redevelopment plan or urban renewal plan so that it contains a tax increment financing provision providing that taxes, if any, levied upon property within the boundaries of the redevelopment plan or urban renewal plan each year, by any taxing agency after the effective date of the resolution of the governing body approving the redevelopment plan or urban renewal plan or amendment, shall be divided as follows: (1) For properties subject to a redevelopment plan or urban renewal plan containing or amended to contain a tax increment financing provision approved prior to July 1, 2006, that portion of the taxes which would be produced by the rate at which the tax is levied each year by each taxing agency, upon the assessed value of such property as shown upon the assessment roll of the appropriate assessor, as of the date of the most recently determined valuation prior to the acquisition of such property by the authority (the assessed value being herein called the "base assessment") shall be allocated to, and when collected, shall be paid to, the respective taxing agencies as taxes levied by such taxing agencies on all other property are paid; provided, that in any year in which the actual assessment of the area comprising a redevelopment project is less than the base assessment, there shall be allocated and paid to the respective taxing agencies only those taxes actually produced by the application of the current tax rates against such actual assessment. For properties subject to a redevelopment plan or urban renewal plan containing or amended to contain a tax increment financing provision approved after July 1, 2006, the base assessment of the property for purposes of this subdivision (a)(1) shall be determined as of the date of the most recently determined valuation prior to the date on which the redevelopment plan or urban renewal plan or amendment of the plan was approved by the applicable municipality or municipalities pursuant to § 13-20-203 ; (2) All the taxes levied in each year in excess of the amount provided for in subdivision (a)(1) shall be allocated to and, when collected, shall be paid into a special fund or funds of the authority to pay the principal of and interest on bonds, loans or other indebtedness incurred or to be incurred by the authority to finance or refinance, in whole or in part, the redevelopment project contemplated by such redevelopment plan; (3) Upon the retirement of all bonds, loans or other indebtedness incurred by the authority and payable from such special fund or funds or at such time as moneys on deposit in such special fund or funds are sufficient for such purpose, all the taxes referred to in subdivision (a)(2) shall, when collected, be paid to the respective taxing agencies as taxes levied by such taxing agencies on all other property are paid; and (4) Taxes shall be levied and collected over all or any part of the area comprising a redevelopment project in the manner provided by law with the following exceptions: (A) The appropriate assessor shall, in each year during the period in which taxes are to be allocated to the authority pursuant to subdivision (a)(2), compute and certify the net amount, if any, by which the then current assessed value of all taxable property located within the redevelopment project which is subject to taxation by the particular taxing agency exceeds the base assessment. The net amount of any such increase is referred to in this subdivision (a)(4) as the incremental value for that particular year; (B) In any year in which taxes are to be allocated to the authority pursuant to subdivision (a)(2) in which there is an incremental value, the appropriate assessor shall exclude it from the assessed value upon which the appropriate assessor computes the tax rates for taxes levied that year by the taxing agency. However, the appropriate assessor shall extend the aggregate tax rate of such taxes against the base assessment and the incremental value and shall apply the taxes collected therefrom, subject to any other provisions hereof, as provided above; and (C) For purposes of this section, if in any year property comprising a portion of a particular redevelopment project shall be removed from the tax rolls of a taxing agency, the base assessment for the area of such redevelopment project shall be reduced by the amount of the base assessment allocable to the property so removed for each subsequent year in which taxes are to be allocated to a particular authority pursuant to the above provisions.
(1) For properties subject to a redevelopment plan or urban renewal plan containing or amended to contain a tax increment financing provision approved prior to July 1, 2006, that portion of the taxes which would be produced by the rate at which the tax is levied each year by each taxing agency, upon the assessed value of such property as shown upon the assessment roll of the appropriate assessor, as of the date of the most recently determined valuation prior to the acquisition of such property by the authority (the assessed value being herein called the "base assessment") shall be allocated to, and when collected, shall be paid to, the respective taxing agencies as taxes levied by such taxing agencies on all other property are paid; provided, that in any year in which the actual assessment of the area comprising a redevelopment project is less than the base assessment, there shall be allocated and paid to the respective taxing agencies only those taxes actually produced by the application of the current tax rates against such actual assessment. For properties subject to a redevelopment plan or urban renewal plan containing or amended to contain a tax increment financing provision approved after July 1, 2006, the base assessment of the property for purposes of this subdivision (a)(1) shall be determined as of the date of the most recently determined valuation prior to the date on which the redevelopment plan or urban renewal plan or amendment of the plan was approved by the applicable municipality or municipalities pursuant to § 13-20-203 ;
(2) All the taxes levied in each year in excess of the amount provided for in subdivision (a)(1) shall be allocated to and, when collected, shall be paid into a special fund or funds of the authority to pay the principal of and interest on bonds, loans or other indebtedness incurred or to be incurred by the authority to finance or refinance, in whole or in part, the redevelopment project contemplated by such redevelopment plan;
(3) Upon the retirement of all bonds, loans or other indebtedness incurred by the authority and payable from such special fund or funds or at such time as moneys on deposit in such special fund or funds are sufficient for such purpose, all the taxes referred to in subdivision (a)(2) shall, when collected, be paid to the respective taxing agencies as taxes levied by such taxing agencies on all other property are paid; and
(4) Taxes shall be levied and collected over all or any part of the area comprising a redevelopment project in the manner provided by law with the following exceptions: (A) The appropriate assessor shall, in each year during the period in which taxes are to be allocated to the authority pursuant to subdivision (a)(2), compute and certify the net amount, if any, by which the then current assessed value of all taxable property located within the redevelopment project which is subject to taxation by the particular taxing agency exceeds the base assessment. The net amount of any such increase is referred to in this subdivision (a)(4) as the incremental value for that particular year; (B) In any year in which taxes are to be allocated to the authority pursuant to subdivision (a)(2) in which there is an incremental value, the appropriate assessor shall exclude it from the assessed value upon which the appropriate assessor computes the tax rates for taxes levied that year by the taxing agency. However, the appropriate assessor shall extend the aggregate tax rate of such taxes against the base assessment and the incremental value and shall apply the taxes collected therefrom, subject to any other provisions hereof, as provided above; and (C) For purposes of this section, if in any year property comprising a portion of a particular redevelopment project shall be removed from the tax rolls of a taxing agency, the base assessment for the area of such redevelopment project shall be reduced by the amount of the base assessment allocable to the property so removed for each subsequent year in which taxes are to be allocated to a particular authority pursuant to the above provisions.
(A) The appropriate assessor shall, in each year during the period in which taxes are to be allocated to the authority pursuant to subdivision (a)(2), compute and certify the net amount, if any, by which the then current assessed value of all taxable property located within the redevelopment project which is subject to taxation by the particular taxing agency exceeds the base assessment. The net amount of any such increase is referred to in this subdivision (a)(4) as the incremental value for that particular year;
(B) In any year in which taxes are to be allocated to the authority pursuant to subdivision (a)(2) in which there is an incremental value, the appropriate assessor shall exclude it from the assessed value upon which the appropriate assessor computes the tax rates for taxes levied that year by the taxing agency. However, the appropriate assessor shall extend the aggregate tax rate of such taxes against the base assessment and the incremental value and shall apply the taxes collected therefrom, subject to any other provisions hereof, as provided above; and
(C) For purposes of this section, if in any year property comprising a portion of a particular redevelopment project shall be removed from the tax rolls of a taxing agency, the base assessment for the area of such redevelopment project shall be reduced by the amount of the base assessment allocable to the property so removed for each subsequent year in which taxes are to be allocated to a particular authority pursuant to the above provisions.
(b) (1) If an authority adopts a redevelopment plan or an amendment to an existing plan which includes tax increment financing provisions, such new plan or the existing plan, as so amended, shall describe, in addition to the matters required by § 13-20-203(a)(2)(A)-(C) and (b)(2)(A)(i)-(iii) , the following: (A) An estimate of the cost of the redevelopment project; (B) The sources of revenue to finance the costs of the project, including the estimated tax increment; (C) An estimate of the amount and the final maturity of bonded or other indebtedness to be incurred; and (D) An estimate of the impact of the tax increment financing provision upon all taxing agencies in which the redevelopment project is to be located. (2) The foregoing information set forth in this subsection (b) shall be made available to the public not less than five (5) days prior to the date set for the public hearing hereinafter required by subsection (c).
(1) If an authority adopts a redevelopment plan or an amendment to an existing plan which includes tax increment financing provisions, such new plan or the existing plan, as so amended, shall describe, in addition to the matters required by § 13-20-203(a)(2)(A)-(C) and (b)(2)(A)(i)-(iii) , the following: (A) An estimate of the cost of the redevelopment project; (B) The sources of revenue to finance the costs of the project, including the estimated tax increment; (C) An estimate of the amount and the final maturity of bonded or other indebtedness to be incurred; and (D) An estimate of the impact of the tax increment financing provision upon all taxing agencies in which the redevelopment project is to be located.
(A) An estimate of the cost of the redevelopment project;
(B) The sources of revenue to finance the costs of the project, including the estimated tax increment;
(C) An estimate of the amount and the final maturity of bonded or other indebtedness to be incurred; and
(D) An estimate of the impact of the tax increment financing provision upon all taxing agencies in which the redevelopment project is to be located.
(2) The foregoing information set forth in this subsection (b) shall be made available to the public not less than five (5) days prior to the date set for the public hearing hereinafter required by subsection (c).
(c) (1) Except in counties having a metropolitan form of government or a population greater than seven hundred seventy thousand (770,000), according to the 1980 federal census or any subsequent federal census, no redevelopment plan containing a tax increment financing provision or amendment to an existing plan adding a tax increment financing provision shall be effective unless and until it has been approved by the governing body of the municipality and the governing body of the county affected, following a public hearing as provided in § 13-20-203 , except that the approval of the governing body of the county affected shall not be required wherever its disapproval of a redevelopment project has been dissolved as prescribed by § 13-20-203(b)(3) . (2) The notice of the public hearing shall be given in the manner and shall contain the information required by § 13-20-203 and shall additionally set forth in clear and plain language the contemplated use of tax increment financing in connection with the redevelopment project. Such notice shall also set forth where the information required by subsection (b) may be obtained. Not less than twenty-one (21) days prior to the date set for the public hearing, the governing body shall deliver or mail, postage prepaid, to each taxing agency currently levying taxes upon any property in the project area, and which would be affected by the tax increment financing provision, a copy of the notice of the public hearing, together with a statement that if the redevelopment plan containing a tax increment financing provision or amendment to an existing plan adding a tax increment financing provision is approved, certain property taxes resulting from increases in assessed valuation of property situated within the area included in the plan above the assessed value of such property appearing on the appropriate assessment rolls as last determined prior to the date on which the redevelopment plan or urban renewal plan or amendment of the plan was approved by the applicable municipality or municipalities may be allocated to a special fund or funds of the authority for redevelopment purposes rather than being paid into the treasury of the taxing agency.
(1) Except in counties having a metropolitan form of government or a population greater than seven hundred seventy thousand (770,000), according to the 1980 federal census or any subsequent federal census, no redevelopment plan containing a tax increment financing provision or amendment to an existing plan adding a tax increment financing provision shall be effective unless and until it has been approved by the governing body of the municipality and the governing body of the county affected, following a public hearing as provided in § 13-20-203 , except that the approval of the governing body of the county affected shall not be required wherever its disapproval of a redevelopment project has been dissolved as prescribed by § 13-20-203(b)(3) .
(2) The notice of the public hearing shall be given in the manner and shall contain the information required by § 13-20-203 and shall additionally set forth in clear and plain language the contemplated use of tax increment financing in connection with the redevelopment project. Such notice shall also set forth where the information required by subsection (b) may be obtained. Not less than twenty-one (21) days prior to the date set for the public hearing, the governing body shall deliver or mail, postage prepaid, to each taxing agency currently levying taxes upon any property in the project area, and which would be affected by the tax increment financing provision, a copy of the notice of the public hearing, together with a statement that if the redevelopment plan containing a tax increment financing provision or amendment to an existing plan adding a tax increment financing provision is approved, certain property taxes resulting from increases in assessed valuation of property situated within the area included in the plan above the assessed value of such property appearing on the appropriate assessment rolls as last determined prior to the date on which the redevelopment plan or urban renewal plan or amendment of the plan was approved by the applicable municipality or municipalities may be allocated to a special fund or funds of the authority for redevelopment purposes rather than being paid into the treasury of the taxing agency.
(d) The foregoing provisions of subsections (b) and (c) shall not apply to any redevelopment plan or amendment to an existing plan which included a tax increment financing provision and which has been submitted to and approved by the governing body of the municipality, or agency designated by it or empowered by law so to act, in which any of the area to be covered by the redevelopment project is situated pursuant to and in accordance with § 13-20-203 prior to April 11, 1978, and the previously approved redevelopment plan or amendment thereto described above shall not be required to be resubmitted and approved by the governing body or agency pursuant to the additional provision of subsections (b) and (c). The remaining provisions of this section shall be applicable to and govern the previously approved plan and the tax increment financing provision contained in such plan.
(e) After the approval by the governing body of a redevelopment plan containing a tax increment financing provision or an amendment to an existing plan adding a tax increment financing provision, the authority shall transmit to the appropriate assessors of property and to each taxing agency to be affected a copy of the description of all land within the redevelopment area and the date or dates of the approval of the redevelopment plan or amendment to the plan, a copy of the resolution approving the redevelopment plan or approving an amendment to the plan, and a map or plat indicating the boundaries of the property; and taxes shall thereafter, when collected, be allocated and paid in the manner provided in the redevelopment plan or amendment to the plan.
(f) Any property which the authority leases to private individuals or corporations for development under a redevelopment plan and any property which the authority has developed under a redevelopment plan and leases to private individuals or corporations shall have the same tax status as if such leased property were owned by such private individuals or corporations. After June 1, 1997, the foregoing provisions of this subsection (f) shall apply only to property financed with tax increment financing. Prior to June 1, 1997, any property owned, constructed, or improved by the authority which is not financed through tax increment financing shall have the same tax status as all other property owned by the authority.
(g) Notwithstanding anything to the contrary in this section, taxes levied upon property subject to tax increment financing provisions by any taxing agency for the payment of principal of and interest on all bonds, loans or other indebtedness of such taxing agency, and taxes levied by or for the benefit of the state of Tennessee, shall not be subject to allocation as provided in subsection (a), but shall be levied against such property and, when collected, paid to such taxing agency as taxes levied by such taxing agency on all other property are paid and collected.
(h) In the event of any conflict between this section or this chapter and the Uniformity in Tax Increment Financing Act of 2012, compiled in title 9, chapter 23, title 9, chapter 23 shall control.
Acts 1945, ch. 114, § 6; C. Supp. 1950, § 3647.29R (Williams, § 3647.57); Acts 1977, ch. 186, § 1; 1978, ch. 854, § 3; T.C.A. (orig. ed.), § 13-817; Acts 1982, ch. 906, §§ 3, 4, 6; 1987, ch. 349, § 3; 1997, ch. 254, § 1; 2006, ch. 999, §§ 8 - 11; 2008, ch. 971, § 1; 2009, ch. 406, §§ 2-4; 2012, ch. 605, § 5.
Tenn. Code Ann. § 13-23-306 — TN Code / Title 13 / Chapter 23 / Section 13-23-306
Application to participate
Status: in_force

(a) A county which desires to participate in the loan fund pool established by this part shall file with THDA, in the manner prescribed by THDA, its intent to participate and the extent of its financial participation within ninety (90) days following March 5, 1986, in order to be eligible to participate in the loan fund pool during its first twelve-months of operation. THDA shall promulgate rules and regulations governing filings in subsequent twelve-month periods of operation. (b) The THDA shall accept only one (1) application to establish a loan fund pool per county. (c) In the absence of an application by any county, an incorporated municipality located within such county may file an individual or, with other municipalities in the county, a joint application, but only with such county's sponsorship. Acts 1985, ch. 473, § 6; 1986, ch. 510, § 6.
(a) A county which desires to participate in the loan fund pool established by this part shall file with THDA, in the manner prescribed by THDA, its intent to participate and the extent of its financial participation within ninety (90) days following March 5, 1986, in order to be eligible to participate in the loan fund pool during its first twelve-months of operation. THDA shall promulgate rules and regulations governing filings in subsequent twelve-month periods of operation.
(b) The THDA shall accept only one (1) application to establish a loan fund pool per county.
(c) In the absence of an application by any county, an incorporated municipality located within such county may file an individual or, with other municipalities in the county, a joint application, but only with such county's sponsorship.
Acts 1985, ch. 473, § 6; 1986, ch. 510, § 6.
Tenn. Code Ann. § 13-20-403 — TN Code / Title 13 / Chapter 20 / Section 13-20-403
Verified application of commissioners - Contents
Status: in_force

(a) The commissioners shall present to the secretary of state an application signed by them, which shall set forth without any detail other than the mere recital: (1) That a notice has been given and public hearing has been held as aforementioned, that the council made the aforementioned determination after such hearing, and that the mayor has appointed them as commissioners; (2) The name and official residence of each of the commissioners, together with a certified copy of the appointment evidencing their right to office, the date and place of induction into and taking oath of office, and that they desire the housing authority to become a public body and a body corporate and politic under this chapter; (3) The term of office of each of the commissioners; (4) The name which is proposed for the corporation; and (5) The location of the principal office of the proposed corporation. (b) The application shall be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of the state to take and certify oaths, who shall certify upon the application that such officer personally knows the commissioners and knows them to be the officers as asserted in the application, and that each subscribed and swore thereto in the officer's presence. The secretary of state shall examine the application and, if the secretary of state finds that the name proposed for the corporation is not identical with that of a person or of any other corporation of this state or so nearly similar as to lead to confusion and uncertainty, the secretary of state shall receive and file it, and shall record it in an appropriate book of record in the secretary of state's office. Acts 1935 (Ex. Sess.), ch. 20, § 4; C. Supp. 1950, § 3647.3 (Williams, § 3647.4); T.C.A. (orig. ed.), § 13-903.
(a) The commissioners shall present to the secretary of state an application signed by them, which shall set forth without any detail other than the mere recital: (1) That a notice has been given and public hearing has been held as aforementioned, that the council made the aforementioned determination after such hearing, and that the mayor has appointed them as commissioners; (2) The name and official residence of each of the commissioners, together with a certified copy of the appointment evidencing their right to office, the date and place of induction into and taking oath of office, and that they desire the housing authority to become a public body and a body corporate and politic under this chapter; (3) The term of office of each of the commissioners; (4) The name which is proposed for the corporation; and (5) The location of the principal office of the proposed corporation.
(1) That a notice has been given and public hearing has been held as aforementioned, that the council made the aforementioned determination after such hearing, and that the mayor has appointed them as commissioners;
(2) The name and official residence of each of the commissioners, together with a certified copy of the appointment evidencing their right to office, the date and place of induction into and taking oath of office, and that they desire the housing authority to become a public body and a body corporate and politic under this chapter;
(3) The term of office of each of the commissioners;
(4) The name which is proposed for the corporation; and
(5) The location of the principal office of the proposed corporation.
(b) The application shall be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of the state to take and certify oaths, who shall certify upon the application that such officer personally knows the commissioners and knows them to be the officers as asserted in the application, and that each subscribed and swore thereto in the officer's presence. The secretary of state shall examine the application and, if the secretary of state finds that the name proposed for the corporation is not identical with that of a person or of any other corporation of this state or so nearly similar as to lead to confusion and uncertainty, the secretary of state shall receive and file it, and shall record it in an appropriate book of record in the secretary of state's office.
Acts 1935 (Ex. Sess.), ch. 20, § 4; C. Supp. 1950, § 3647.3 (Williams, § 3647.4); T.C.A. (orig. ed.), § 13-903.