Tenn. Code Ann. § 54-4-103 — TN Code / Title 54 / Chapter 4 / Section 54-4-103
Distribution of funds - Resolution directing expenditure - Bond of officer handling - Compensation of trustee - Final disposition of fund
Status: in_force

(a) (1) The county aid funds shall be divided and distributed to the various counties of the state as follows: fifty percent (50%) of the fund shall be distributed equally among the ninety-five (95) counties of the state, and fifty percent (50%) of the balance shall be distributed among the ninety-five (95) counties on the basis of area and fifty percent (50%) on basis of population, as of the most recent federal census or by special census pursuant to § 9-16-101 , and shall be paid over monthly by the commissioner of finance and administration to the various county trustees, to be used by the county highway authorities in the building, repairing and improvement of county roads and bridges or for the funding of mass transit systems; provided, that the county legislative body of any county may at any regular term, by resolution passed by a majority of the members composing the membership of the body, and spread upon the minutes of the body, direct the department of transportation to expend the county's pro rata share of the fund on county highways and bridges designated by resolutions passed from time to time by the county legislative body. In the event the department of transportation is directed to expend the county's pro rata share of the funds, by resolution conforming to the requirements of this subdivision (a)(1), but thereafter the county legislative body and the county highway department are unable to agree on a designation of the roads and bridges on which the funds are to be expended, then the department of transportation shall expend the funds on the county roads and bridges in the county designated by the commissioner. Nothing in this part shall affect the rights or duties now imposed by law on counties having a board of county commissioners in expending funds derived from taxes levied exclusively within and by the county. (2) "Mass transit systems," as used in this section, includes, but is not limited to, services also funded under § 18 of the federal Urban Mass Transportation Act of 1964, as amended, and administered by the department. (b) (1) The trustee of each and every county of the state to which any of this fund is allotted and paid shall receive one percent (1%) of the fund when the allotment for that county has been paid out, as compensation for receiving and disbursing the fund, to be collected and at the times and in the manner that compensation is paid to the trustee for receiving and paying out the general funds belonging to the county, except that when the funds have been turned over to the department of transportation to be expended on the county highways as provided in this section, the funds shall not be turned over to the trustee of the county by the commissioner of finance and administration or the department, but shall be kept and retained by the department and expended on the roads in the same way that this section and §§ 54-4-101 and 54-4-102 require it to be expended; and during the time the funds are retained and expended by the department, neither the department of transportation nor the trustee of the county to which they belong shall be entitled to any compensation out of the funds, but all of the funds shall be expended on or with relation to the public highways in the county. (2) At any time after the expiration of twelve (12) months from the passage of any resolution by the county legislative body turning the funds over to the department of transportation to be expended on the roads of the county, the county legislative body of the county may, at any regular session of the county legislative body, by resolution adopted by a majority of all the members composing that body and spread on the minutes of the body, direct the department of transportation to turn back to the county all the funds in its hands belonging to the county, to be thereafter expended by the county highway authorities on its county roads, as provided for by this section and §§ 54-4-101 and 54-4-102 ; provided, that at any regular session of the county legislative body within the twelve-month period, the body may pass a resolution to take effect at the end of the twelve-month period. (3) During the time the department of transportation is given the expenditure of the funds, it shall not be permitted to obligate this fund by contract or otherwise, beyond the amount of the funds reasonably expected to be received for three (3) months immediately following the contract or obligation, and in no event, beyond the period fixed in the recalling resolution for the return of the funds to the county. (4) Upon receipt of a certified copy of the resolution, it shall be the duty of the department, within twenty (20) days after the receipt of the copy of the resolution, to pay out of the funds in its hands any unpaid indebtedness created by it due to be paid out of this fund, and to pay the balance of the funds in its hands over to the trustee of the county. (5) Upon receipt of a certified copy of the resolution, it also shall be the duty of the state to thereafter pay over to the trustee of the county any and all funds allotted to that county from the gasoline tax that have not at that time been paid over to the department of transportation, or that may thereafter be allotted to the county. (c) Any person vested by law with the authority to administer county highway and bridge funds shall furnish an official bond in the amount of one hundred thousand dollars ($100,000), or in a greater sum as the county legislative body may determine. The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19. (d) Before distributing to the counties any of the revenues mentioned in this section, the commissioner of finance and administration shall make a monthly deduction from the revenues of twenty-eight thousand two hundred fifty dollars ($28,250), which sum, together with an appropriation per annum from the general fund of the state, shall be apportioned and transmitted to the University of Tennessee for use by the university in operating the county technical assistance service (CTAS) in its institute for public service (IPS) as provided by § 49-9-402 . (e) No more than twenty-two and twenty-two one hundredths percent (22.22%) of funds in the county aid fund may be expended for the purpose of funding mass transit. Amended by 2023 Tenn. Acts, ch. 207, s 16, eff. 7/1/2023. Acts 1931, ch. 45, § 3; 1937, ch. 152, § 1; 1945, ch. 179, § 1; C. Supp. 1950, § 3291.3; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 829, § 7; Acts 1972, ch. 841, §§ 1-4; impl. am. Acts 1973, ch. 303, §§ 1, 4, 6; Acts 1977, ch. 40, § 1; 1977, ch. 270, § 21; 1978, ch. 497, § 1; 1978, ch. 806, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-403; Acts 1980, ch. 484, § 1; impl. am. Acts 1981, ch. 264, § 12; Acts 1981, ch. 366, § 8; 1981, ch. 418, § 5; 1990, ch. 822, § 1; 1998, ch. 677, § 17; 2012 , ch. 974, § 1.
(a) (1) The county aid funds shall be divided and distributed to the various counties of the state as follows: fifty percent (50%) of the fund shall be distributed equally among the ninety-five (95) counties of the state, and fifty percent (50%) of the balance shall be distributed among the ninety-five (95) counties on the basis of area and fifty percent (50%) on basis of population, as of the most recent federal census or by special census pursuant to § 9-16-101 , and shall be paid over monthly by the commissioner of finance and administration to the various county trustees, to be used by the county highway authorities in the building, repairing and improvement of county roads and bridges or for the funding of mass transit systems; provided, that the county legislative body of any county may at any regular term, by resolution passed by a majority of the members composing the membership of the body, and spread upon the minutes of the body, direct the department of transportation to expend the county's pro rata share of the fund on county highways and bridges designated by resolutions passed from time to time by the county legislative body. In the event the department of transportation is directed to expend the county's pro rata share of the funds, by resolution conforming to the requirements of this subdivision (a)(1), but thereafter the county legislative body and the county highway department are unable to agree on a designation of the roads and bridges on which the funds are to be expended, then the department of transportation shall expend the funds on the county roads and bridges in the county designated by the commissioner. Nothing in this part shall affect the rights or duties now imposed by law on counties having a board of county commissioners in expending funds derived from taxes levied exclusively within and by the county. (2) "Mass transit systems," as used in this section, includes, but is not limited to, services also funded under § 18 of the federal Urban Mass Transportation Act of 1964, as amended, and administered by the department.
(1) The county aid funds shall be divided and distributed to the various counties of the state as follows: fifty percent (50%) of the fund shall be distributed equally among the ninety-five (95) counties of the state, and fifty percent (50%) of the balance shall be distributed among the ninety-five (95) counties on the basis of area and fifty percent (50%) on basis of population, as of the most recent federal census or by special census pursuant to § 9-16-101 , and shall be paid over monthly by the commissioner of finance and administration to the various county trustees, to be used by the county highway authorities in the building, repairing and improvement of county roads and bridges or for the funding of mass transit systems; provided, that the county legislative body of any county may at any regular term, by resolution passed by a majority of the members composing the membership of the body, and spread upon the minutes of the body, direct the department of transportation to expend the county's pro rata share of the fund on county highways and bridges designated by resolutions passed from time to time by the county legislative body. In the event the department of transportation is directed to expend the county's pro rata share of the funds, by resolution conforming to the requirements of this subdivision (a)(1), but thereafter the county legislative body and the county highway department are unable to agree on a designation of the roads and bridges on which the funds are to be expended, then the department of transportation shall expend the funds on the county roads and bridges in the county designated by the commissioner. Nothing in this part shall affect the rights or duties now imposed by law on counties having a board of county commissioners in expending funds derived from taxes levied exclusively within and by the county.
(2) "Mass transit systems," as used in this section, includes, but is not limited to, services also funded under § 18 of the federal Urban Mass Transportation Act of 1964, as amended, and administered by the department.
(b) (1) The trustee of each and every county of the state to which any of this fund is allotted and paid shall receive one percent (1%) of the fund when the allotment for that county has been paid out, as compensation for receiving and disbursing the fund, to be collected and at the times and in the manner that compensation is paid to the trustee for receiving and paying out the general funds belonging to the county, except that when the funds have been turned over to the department of transportation to be expended on the county highways as provided in this section, the funds shall not be turned over to the trustee of the county by the commissioner of finance and administration or the department, but shall be kept and retained by the department and expended on the roads in the same way that this section and §§ 54-4-101 and 54-4-102 require it to be expended; and during the time the funds are retained and expended by the department, neither the department of transportation nor the trustee of the county to which they belong shall be entitled to any compensation out of the funds, but all of the funds shall be expended on or with relation to the public highways in the county. (2) At any time after the expiration of twelve (12) months from the passage of any resolution by the county legislative body turning the funds over to the department of transportation to be expended on the roads of the county, the county legislative body of the county may, at any regular session of the county legislative body, by resolution adopted by a majority of all the members composing that body and spread on the minutes of the body, direct the department of transportation to turn back to the county all the funds in its hands belonging to the county, to be thereafter expended by the county highway authorities on its county roads, as provided for by this section and §§ 54-4-101 and 54-4-102 ; provided, that at any regular session of the county legislative body within the twelve-month period, the body may pass a resolution to take effect at the end of the twelve-month period. (3) During the time the department of transportation is given the expenditure of the funds, it shall not be permitted to obligate this fund by contract or otherwise, beyond the amount of the funds reasonably expected to be received for three (3) months immediately following the contract or obligation, and in no event, beyond the period fixed in the recalling resolution for the return of the funds to the county. (4) Upon receipt of a certified copy of the resolution, it shall be the duty of the department, within twenty (20) days after the receipt of the copy of the resolution, to pay out of the funds in its hands any unpaid indebtedness created by it due to be paid out of this fund, and to pay the balance of the funds in its hands over to the trustee of the county. (5) Upon receipt of a certified copy of the resolution, it also shall be the duty of the state to thereafter pay over to the trustee of the county any and all funds allotted to that county from the gasoline tax that have not at that time been paid over to the department of transportation, or that may thereafter be allotted to the county.
(1) The trustee of each and every county of the state to which any of this fund is allotted and paid shall receive one percent (1%) of the fund when the allotment for that county has been paid out, as compensation for receiving and disbursing the fund, to be collected and at the times and in the manner that compensation is paid to the trustee for receiving and paying out the general funds belonging to the county, except that when the funds have been turned over to the department of transportation to be expended on the county highways as provided in this section, the funds shall not be turned over to the trustee of the county by the commissioner of finance and administration or the department, but shall be kept and retained by the department and expended on the roads in the same way that this section and §§ 54-4-101 and 54-4-102 require it to be expended; and during the time the funds are retained and expended by the department, neither the department of transportation nor the trustee of the county to which they belong shall be entitled to any compensation out of the funds, but all of the funds shall be expended on or with relation to the public highways in the county.
(2) At any time after the expiration of twelve (12) months from the passage of any resolution by the county legislative body turning the funds over to the department of transportation to be expended on the roads of the county, the county legislative body of the county may, at any regular session of the county legislative body, by resolution adopted by a majority of all the members composing that body and spread on the minutes of the body, direct the department of transportation to turn back to the county all the funds in its hands belonging to the county, to be thereafter expended by the county highway authorities on its county roads, as provided for by this section and §§ 54-4-101 and 54-4-102 ; provided, that at any regular session of the county legislative body within the twelve-month period, the body may pass a resolution to take effect at the end of the twelve-month period.
(3) During the time the department of transportation is given the expenditure of the funds, it shall not be permitted to obligate this fund by contract or otherwise, beyond the amount of the funds reasonably expected to be received for three (3) months immediately following the contract or obligation, and in no event, beyond the period fixed in the recalling resolution for the return of the funds to the county.
(4) Upon receipt of a certified copy of the resolution, it shall be the duty of the department, within twenty (20) days after the receipt of the copy of the resolution, to pay out of the funds in its hands any unpaid indebtedness created by it due to be paid out of this fund, and to pay the balance of the funds in its hands over to the trustee of the county.
(5) Upon receipt of a certified copy of the resolution, it also shall be the duty of the state to thereafter pay over to the trustee of the county any and all funds allotted to that county from the gasoline tax that have not at that time been paid over to the department of transportation, or that may thereafter be allotted to the county.
(c) Any person vested by law with the authority to administer county highway and bridge funds shall furnish an official bond in the amount of one hundred thousand dollars ($100,000), or in a greater sum as the county legislative body may determine. The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19.
(d) Before distributing to the counties any of the revenues mentioned in this section, the commissioner of finance and administration shall make a monthly deduction from the revenues of twenty-eight thousand two hundred fifty dollars ($28,250), which sum, together with an appropriation per annum from the general fund of the state, shall be apportioned and transmitted to the University of Tennessee for use by the university in operating the county technical assistance service (CTAS) in its institute for public service (IPS) as provided by § 49-9-402 .
(e) No more than twenty-two and twenty-two one hundredths percent (22.22%) of funds in the county aid fund may be expended for the purpose of funding mass transit.
Amended by 2023 Tenn. Acts, ch. 207, s 16, eff. 7/1/2023.
Acts 1931, ch. 45, § 3; 1937, ch. 152, § 1; 1945, ch. 179, § 1; C. Supp. 1950, § 3291.3; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 829, § 7; Acts 1972, ch. 841, §§ 1-4; impl. am. Acts 1973, ch. 303, §§ 1, 4, 6; Acts 1977, ch. 40, § 1; 1977, ch. 270, § 21; 1978, ch. 497, § 1; 1978, ch. 806, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-403; Acts 1980, ch. 484, § 1; impl. am. Acts 1981, ch. 264, § 12; Acts 1981, ch. 366, § 8; 1981, ch. 418, § 5; 1990, ch. 822, § 1; 1998, ch. 677, § 17; 2012 , ch. 974, § 1.
Tenn. Code Ann. § 54-9-117 — TN Code / Title 54 / Chapter 9 / Section 54-9-117
Nomination and election of road commissioners from districts
Status: in_force

(a) In any county dividing its county into three (3) or more road districts, the road commissioner to be elected from any of the districts shall receive a nomination from any member of the county legislative body within the limits of the road district. (b) Should there be more than one (1) nomination from any one (1) or more road districts, then the candidate receiving the highest number of votes of the members comprising the whole legislative body shall be declared elected from the road district from which the nomination was received, and shall be one (1) of the road commissioners. (c) All road commissioners provided for by any county where the county has been subdivided shall be elected in the same manner as provided in this section. Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a18; Code 1932, § 2980; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-819.
(a) In any county dividing its county into three (3) or more road districts, the road commissioner to be elected from any of the districts shall receive a nomination from any member of the county legislative body within the limits of the road district.
(b) Should there be more than one (1) nomination from any one (1) or more road districts, then the candidate receiving the highest number of votes of the members comprising the whole legislative body shall be declared elected from the road district from which the nomination was received, and shall be one (1) of the road commissioners.
(c) All road commissioners provided for by any county where the county has been subdivided shall be elected in the same manner as provided in this section.
Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a18; Code 1932, § 2980; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-819.
Tenn. Code Ann. § 54-9-138 — TN Code / Title 54 / Chapter 9 / Section 54-9-138
Commissioners to keep minutes of proceedings - Report bond sales, receipts and disbursements, other information
Status: in_force

(a) It is the duty of the commissioners to keep accurate minutes of all the proceedings had by them, the minutes to be kept in a well-bound book and preserved as a record of their office. (b) (1) The commissioners shall make a written report quarterly to the county legislative body, showing the number of bonds sold since their last report, to whom sold, and the amount realized from the bonds, and also an itemized list of all their receipts and disbursements. (2) The report shall likewise contain other information that may be presumed to be of interest to the taxpayers of the county, and the report shall be spread on the minutes of the county legislative body. Acts 1913 (1st E.S.), ch. 26, § 14; Shan., § 1695a41; Code 1932, § 3001; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-841.
(a) It is the duty of the commissioners to keep accurate minutes of all the proceedings had by them, the minutes to be kept in a well-bound book and preserved as a record of their office.
(b) (1) The commissioners shall make a written report quarterly to the county legislative body, showing the number of bonds sold since their last report, to whom sold, and the amount realized from the bonds, and also an itemized list of all their receipts and disbursements. (2) The report shall likewise contain other information that may be presumed to be of interest to the taxpayers of the county, and the report shall be spread on the minutes of the county legislative body.
(1) The commissioners shall make a written report quarterly to the county legislative body, showing the number of bonds sold since their last report, to whom sold, and the amount realized from the bonds, and also an itemized list of all their receipts and disbursements.
(2) The report shall likewise contain other information that may be presumed to be of interest to the taxpayers of the county, and the report shall be spread on the minutes of the county legislative body.
Acts 1913 (1st E.S.), ch. 26, § 14; Shan., § 1695a41; Code 1932, § 3001; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-841.
Tenn. Code Ann. § 54-16-108 — TN Code / Title 54 / Chapter 16 / Section 54-16-108
Rules of the road - Violations - Penalties
Status: in_force

(a) It is unlawful for any person to: (1) Drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on controlled-access facilities; (2) Make a left turn or a semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation or line; (3) Drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section or line; or (4) Drive any vehicle into the controlled-access facility from a local service road, except through an opening provided for that purpose in the dividing curb, dividing section or dividing line that separates the service road from the controlled-access facility proper. (b) A violation of this section is a Class C misdemeanor. Acts 1955, ch. 147, § 8; T.C.A., § 54-2008; Acts 1989, ch. 591, § 113.
(a) It is unlawful for any person to: (1) Drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on controlled-access facilities; (2) Make a left turn or a semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation or line; (3) Drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section or line; or (4) Drive any vehicle into the controlled-access facility from a local service road, except through an opening provided for that purpose in the dividing curb, dividing section or dividing line that separates the service road from the controlled-access facility proper.
(1) Drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on controlled-access facilities;
(2) Make a left turn or a semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation or line;
(3) Drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section or line; or
(4) Drive any vehicle into the controlled-access facility from a local service road, except through an opening provided for that purpose in the dividing curb, dividing section or dividing line that separates the service road from the controlled-access facility proper.
(b) A violation of this section is a Class C misdemeanor.
Acts 1955, ch. 147, § 8; T.C.A., § 54-2008; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 54-1-405 — TN Code / Title 54 / Chapter 1 / Section 54-1-405
Construction - Expenditure of funds
Status: in_force

This part shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to this part, unless the funds are specifically appropriated by the general appropriations act. Acts 2005, ch. 128, § 5.
This part shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to this part, unless the funds are specifically appropriated by the general appropriations act.
Acts 2005, ch. 128, § 5.
Tenn. Code Ann. § 54-5-301 — TN Code / Title 54 / Chapter 5 / Section 54-5-301
Regulations governing construction of entrances - Penalty for illegal entrances
Status: in_force

(a) In order to prevent the obstruction or restriction of the flow of water along, across or under any highway on the state highway system, the impounding of water upon or within the highway, the damaging in any way or manner of the highway, or the interference with or creation of any damage or hazard to public travel, the commissioner is authorized and directed to make reasonable and proper rules and regulations governing the construction of entrances into highways in the state on the state highway system. (b) Notwithstanding any law to the contrary, the construction of an unauthorized entrance onto a highway in the state highway system is an offense punishable as a Class B misdemeanor, punishable by a fine only of five hundred dollars ($500). If the entrance violates any rule or regulation of the department, the owner of the entrance shall have thirty (30) days to comply with all applicable rules and regulations. The department may impose a penalty of one hundred dollars ($100) for failure to comply with all applicable rules and regulations within thirty (30) days. Each day an entrance is in violation of this subsection (b) after the thirty-day period shall be considered a separate offense. The owner of an unauthorized entrance shall be civilly liable for any injuries proximately caused by the entrance. Acts 1955, ch. 38, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-540; Acts 1981, ch. 264, § 12; 2005, ch. 220, § 1.
(a) In order to prevent the obstruction or restriction of the flow of water along, across or under any highway on the state highway system, the impounding of water upon or within the highway, the damaging in any way or manner of the highway, or the interference with or creation of any damage or hazard to public travel, the commissioner is authorized and directed to make reasonable and proper rules and regulations governing the construction of entrances into highways in the state on the state highway system.
(b) Notwithstanding any law to the contrary, the construction of an unauthorized entrance onto a highway in the state highway system is an offense punishable as a Class B misdemeanor, punishable by a fine only of five hundred dollars ($500). If the entrance violates any rule or regulation of the department, the owner of the entrance shall have thirty (30) days to comply with all applicable rules and regulations. The department may impose a penalty of one hundred dollars ($100) for failure to comply with all applicable rules and regulations within thirty (30) days. Each day an entrance is in violation of this subsection (b) after the thirty-day period shall be considered a separate offense. The owner of an unauthorized entrance shall be civilly liable for any injuries proximately caused by the entrance.
Acts 1955, ch. 38, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-540; Acts 1981, ch. 264, § 12; 2005, ch. 220, § 1.
Tenn. Code Ann. § 54-5-127 — TN Code / Title 54 / Chapter 5 / Section 54-5-127
Final judgment in suit - Pro rata payments - Interest
Status: in_force

(a) Upon final disposition of any case where suit is brought by a claimant or claimants, the court making final order and determination shall direct to be paid, and the judge of the court of general sessions or clerk shall pay, the sum or sums paid into court by the commissioner to the parties entitled to the sum or sums under the decree or judgment of the court. (b) In any instance when the aggregate of the claims filed with the commissioner in due time exceeds the aggregate retained or contract amounts due the contractor, the commissioner, in making payments into court as provided in subsection (a), if any, shall make the same on a pro rata basis. (c) A contractor shall be entitled to recover from the claimant, upon cross-petition duly filed, interest at the rate of six percent (6%) per annum, on so much of any money withheld from the contractor on account of any claim or part of the claim as is disallowed by the court, the interest to run from the date of settlement with the contractor to the date an order of the court is entered directing the disposition of funds paid into the court by the commissioner. Acts 1929, ch. 80, § 1; Code 1932, § 3222; impl. am. Acts 1959, ch. 9, § 3; Acts 1967, ch. 156, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-527; impl. am. Acts 1979, ch. 68, § 3; Acts 1981, ch. 264, § 12.
(a) Upon final disposition of any case where suit is brought by a claimant or claimants, the court making final order and determination shall direct to be paid, and the judge of the court of general sessions or clerk shall pay, the sum or sums paid into court by the commissioner to the parties entitled to the sum or sums under the decree or judgment of the court.
(b) In any instance when the aggregate of the claims filed with the commissioner in due time exceeds the aggregate retained or contract amounts due the contractor, the commissioner, in making payments into court as provided in subsection (a), if any, shall make the same on a pro rata basis.
(c) A contractor shall be entitled to recover from the claimant, upon cross-petition duly filed, interest at the rate of six percent (6%) per annum, on so much of any money withheld from the contractor on account of any claim or part of the claim as is disallowed by the court, the interest to run from the date of settlement with the contractor to the date an order of the court is entered directing the disposition of funds paid into the court by the commissioner.
Acts 1929, ch. 80, § 1; Code 1932, § 3222; impl. am. Acts 1959, ch. 9, § 3; Acts 1967, ch. 156, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-527; impl. am. Acts 1979, ch. 68, § 3; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-11-308 — TN Code / Title 54 / Chapter 11 / Section 54-11-308
Commissioner of transportation authorized to acquire and operate ferries connecting state roads - Operation of other ferries limited
Status: in_force

(a) The commissioner of transportation has the power to acquire by donation, purchase, or exercise of the power of eminent domain under the general law the assets of any ferry service business operating as a connection between state roads and is authorized to operate the business as a function of the department. (b) The department may continue to operate any ferries now operated by the department, but in the future shall only operate ferries connecting state roads. (c) The department may discontinue any ferry service business when it is no longer financially feasible, on reasonable public notice, except the department shall continue to operate the Cumberland City ferry or, in the alternative, arrange for and cause to be implemented another method for its continued operation by another public body. (d) (1) The commissioner shall charge reasonable tolls for the use of a ferry service business based on a user classification schedule. School buses and state and county vehicles shall be exempt from the payment of the toll. The fee charges that are established for the Cumberland City ferry shall provide that the fee shall not exceed seventy-five cents (75¢) per day for local residents who use the ferry. (2) As used in subdivision (d)(1), "local residents" includes residents of Stewart, Montgomery, and Houston counties. Amended by 2013 Tenn. Acts, ch. 308, s 29, eff. 7/1/2013. Acts 1981, ch. 255, §§ 1-4; 1982, ch. 918, § 1.
(a) The commissioner of transportation has the power to acquire by donation, purchase, or exercise of the power of eminent domain under the general law the assets of any ferry service business operating as a connection between state roads and is authorized to operate the business as a function of the department.
(b) The department may continue to operate any ferries now operated by the department, but in the future shall only operate ferries connecting state roads.
(c) The department may discontinue any ferry service business when it is no longer financially feasible, on reasonable public notice, except the department shall continue to operate the Cumberland City ferry or, in the alternative, arrange for and cause to be implemented another method for its continued operation by another public body.
(d) (1) The commissioner shall charge reasonable tolls for the use of a ferry service business based on a user classification schedule. School buses and state and county vehicles shall be exempt from the payment of the toll. The fee charges that are established for the Cumberland City ferry shall provide that the fee shall not exceed seventy-five cents (75¢) per day for local residents who use the ferry. (2) As used in subdivision (d)(1), "local residents" includes residents of Stewart, Montgomery, and Houston counties.
(1) The commissioner shall charge reasonable tolls for the use of a ferry service business based on a user classification schedule. School buses and state and county vehicles shall be exempt from the payment of the toll. The fee charges that are established for the Cumberland City ferry shall provide that the fee shall not exceed seventy-five cents (75¢) per day for local residents who use the ferry.
(2) As used in subdivision (d)(1), "local residents" includes residents of Stewart, Montgomery, and Houston counties.
Amended by 2013 Tenn. Acts, ch. 308, s 29, eff. 7/1/2013.
Acts 1981, ch. 255, §§ 1-4; 1982, ch. 918, § 1.
Tenn. Code Ann. § 54-20-104 — TN Code / Title 54 / Chapter 20 / Section 54-20-104
Restrictions as to location along certain highways
Status: in_force

No person shall establish, operate, or maintain a junkyard, any portion of which is within one thousand feet (1,000') of the nearest edge of the right-of-way of any interstate or primary highway, except the following: (1) Those that are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the system, or otherwise removed from sight; (2) Those located within areas that are zoned for industrial use under authority of law; (3) Those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by regulations to be promulgated by the commissioner; and (4) Those that are not visible from the main traveled way of the system. Acts 1967, ch. 304, § 4; 1971, ch. 369, § 2; T.C.A., § 54-2304; Acts 1981, ch. 432, § 2.
No person shall establish, operate, or maintain a junkyard, any portion of which is within one thousand feet (1,000') of the nearest edge of the right-of-way of any interstate or primary highway, except the following:
(1) Those that are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the system, or otherwise removed from sight;
(2) Those located within areas that are zoned for industrial use under authority of law;
(3) Those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by regulations to be promulgated by the commissioner; and
(4) Those that are not visible from the main traveled way of the system.
Acts 1967, ch. 304, § 4; 1971, ch. 369, § 2; T.C.A., § 54-2304; Acts 1981, ch. 432, § 2.
Tenn. Code Ann. § 54-5-134 — TN Code / Title 54 / Chapter 5 / Section 54-5-134
Cutting hay along controlled access highway right-of-way
Status: in_force

(a) (1) Residents of the state who derive a significant portion of their annual income by farming may petition the department for permission to cut and bale hay along the rights-of-way of interstate highways located within the state, and other controlled access highway facilities located within the state, whether totally or partially controlled; provided, that the hay is to be used for personal farming purposes and may not be sold. (2) The commissioner is authorized to grant permission upon individual request. (b) (1) In order to promote the safety of motorists and persons engaged in cutting and baling activity, the commissioner shall promulgate rules and regulations regarding the granting of permission and the performance of the cutting and baling activity. (2) These rules and regulations shall include: (A) Restrictions on the hours and days during which cutting and baling activity may be performed; (B) Restrictions on the areas in which cutting and baling activity may be performed; and (C) Any other reasonable measures designed to minimize the possibility of traffic mishaps resulting from cutting, baling, and hauling of the hay. (c) The commissioner shall require that any individual granted a cutting permit possess, during the cutting and baling operation, minimum liability insurance in the amount of fifty thousand dollars ($50,000) for bodily injury or death to any one (1) person in a single accident, plus one hundred thousand dollars ($100,000) for bodily injury or death to two (2) or more persons in a single accident, plus ten thousand dollars ($10,000) for injury to or destruction of property in a single accident. (d) No fee relative to petitioning for permission or engaging in the cutting and baling activity shall be charged. Acts 1978, ch. 653, § 1; T.C.A., § 54-585; Acts 1988, ch. 615, § 1.
(a) (1) Residents of the state who derive a significant portion of their annual income by farming may petition the department for permission to cut and bale hay along the rights-of-way of interstate highways located within the state, and other controlled access highway facilities located within the state, whether totally or partially controlled; provided, that the hay is to be used for personal farming purposes and may not be sold. (2) The commissioner is authorized to grant permission upon individual request.
(1) Residents of the state who derive a significant portion of their annual income by farming may petition the department for permission to cut and bale hay along the rights-of-way of interstate highways located within the state, and other controlled access highway facilities located within the state, whether totally or partially controlled; provided, that the hay is to be used for personal farming purposes and may not be sold.
(2) The commissioner is authorized to grant permission upon individual request.
(b) (1) In order to promote the safety of motorists and persons engaged in cutting and baling activity, the commissioner shall promulgate rules and regulations regarding the granting of permission and the performance of the cutting and baling activity. (2) These rules and regulations shall include: (A) Restrictions on the hours and days during which cutting and baling activity may be performed; (B) Restrictions on the areas in which cutting and baling activity may be performed; and (C) Any other reasonable measures designed to minimize the possibility of traffic mishaps resulting from cutting, baling, and hauling of the hay.
(1) In order to promote the safety of motorists and persons engaged in cutting and baling activity, the commissioner shall promulgate rules and regulations regarding the granting of permission and the performance of the cutting and baling activity.
(2) These rules and regulations shall include: (A) Restrictions on the hours and days during which cutting and baling activity may be performed; (B) Restrictions on the areas in which cutting and baling activity may be performed; and (C) Any other reasonable measures designed to minimize the possibility of traffic mishaps resulting from cutting, baling, and hauling of the hay.
(A) Restrictions on the hours and days during which cutting and baling activity may be performed;
(B) Restrictions on the areas in which cutting and baling activity may be performed; and
(C) Any other reasonable measures designed to minimize the possibility of traffic mishaps resulting from cutting, baling, and hauling of the hay.
(c) The commissioner shall require that any individual granted a cutting permit possess, during the cutting and baling operation, minimum liability insurance in the amount of fifty thousand dollars ($50,000) for bodily injury or death to any one (1) person in a single accident, plus one hundred thousand dollars ($100,000) for bodily injury or death to two (2) or more persons in a single accident, plus ten thousand dollars ($10,000) for injury to or destruction of property in a single accident.
(d) No fee relative to petitioning for permission or engaging in the cutting and baling activity shall be charged.
Acts 1978, ch. 653, § 1; T.C.A., § 54-585; Acts 1988, ch. 615, § 1.
Tenn. Code Ann. § 54-5-144 — TN Code / Title 54 / Chapter 5 / Section 54-5-144
Memorial to fallen Tennessee national guardsman
Status: in_force

Any segment or structure named on State Route 840, the "Tennessee National Guard Parkway" as designated by chapter 35 of the Public Acts of 2005, shall be dedicated as a memorial to a fallen Tennessee national guardsman. Acts 2010, ch. 1048, § 7.
Any segment or structure named on State Route 840, the "Tennessee National Guard Parkway" as designated by chapter 35 of the Public Acts of 2005, shall be dedicated as a memorial to a fallen Tennessee national guardsman.
Acts 2010, ch. 1048, § 7.
Tenn. Code Ann. § 54-21-105 — TN Code / Title 54 / Chapter 21 / Section 54-21-105
Failure to comply with Section 54-21-104 - Effect
Status: in_force

(a) (1) Any owner of any outdoor advertising device who has failed to act in accordance with § 54-21-104 must remove the outdoor advertising device immediately. (2) Failure to remove the outdoor advertising device renders the outdoor advertising device a public nuisance and subject to immediate disposal, removal, or destruction. (3) In addition, the commissioner has the authority to assess and collect from the owner a civil penalty in the amount of five hundred dollars ($500) for each calendar day after the date that the owner is determined through a contested case hearing to have failed to act in accordance with § 54-21-104 . The total amount of the civil penalty imposed each year must not exceed five thousand dollars ($5,000). (4) In addition, or in lieu of subdivisions (a)(1)-(3), the commissioner may enter upon any property on which an outdoor advertising device is located and dispose of, remove, or destroy the outdoor advertising device, all without incurring any liability for those actions. (b) Prior to invoking this section, the commissioner shall give notice either by certified mail or by personal service to the owner of the outdoor advertising device or occupant of the land on which the outdoor advertising device is located. The notice must specify the basis for the alleged unlawfulness, the remedial action that is required to correct the unlawfulness, and advise that a failure to take the remedial action or request a hearing within forty-five (45) days results in the sign being subject to removal. In addition, the commissioner must give, or have previously given, the owner or operator of the outdoor advertising device an opportunity to request a contested case hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to determine the lawfulness of the outdoor advertising device. For good cause shown, the commissioner may extend the forty-five-day period for remedial action for up to an additional one hundred fifty (150) days, so long as all advertising content is removed from the unlawful outdoor advertising device within the forty-five-day period. If advertising content is placed on the outdoor advertising device during any extended period, the outdoor advertising device may be immediately removed by the commissioner without further notice. The owner of the outdoor advertising device is liable to the state for damages equal to three (3) times the cost of removal, in addition to disgorgement of any profit and gains or benefit derived from the violation and any other applicable fees, costs, or damages. The owner of the land on which the outdoor advertising device is located shall not be presumed to be the owner of the outdoor advertising device simply because it is on the owner's property. (c) (1) If the department has reason to believe that a sign is being operated, in whole or part, as an outdoor advertising device without first obtaining a permit as required under § 54-21-104 , the department may issue an investigative request to the owner or operator of the sign, the owner of the property, or any other person for the purpose of obtaining relevant documents or information to determine whether the sign is being operated as an outdoor advertising device. (2) If, after being served with an investigative request by the department under subdivision (c)(1), the person provides the requested documents or information and the department determines that the sign is being operated as an outdoor advertising device in violation of §§ 54-21-103 and 54-21-104 , the department shall issue a written order to the owner or operator of the outdoor advertising device explaining the basis for determining that the sign is an outdoor advertising device and directing the owner or operator of the device to remedy the violation by applying for the applicable outdoor advertising device permit, or by removing the unlawful device, as appropriate, by the date set forth in the order, which shall be no less than sixty (60) days after the date of the order. (3) The person may appeal the department's order under subdivision (c)(2) by filing a written notice of appeal with the department within thirty (30) days of the date on which the order is issued. If an appeal is timely filed with the department, the department shall initiate a contested case proceeding under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to hear the person's appeal. (4) If a person fails to comply with the department's investigative request under subdivision (c)(1), or if the department reasonably believes the documents or information provided are incomplete or inaccurate, the department may initiate a contested case proceeding under the Uniform Administrative Procedures Act to compel the production of relevant documents or information and to determine whether the outdoor advertising device is being operated in violation of §§ 54-21-103 and 54-21-104 and therefore subject to enforcement action under this section. Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Acts 1972, ch. 655, § 5; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2605; Acts 1980, ch. 470, § 2; 1990, ch. 936, §1; 2009 , ch. 451, §§ 2, 3.
(a) (1) Any owner of any outdoor advertising device who has failed to act in accordance with § 54-21-104 must remove the outdoor advertising device immediately. (2) Failure to remove the outdoor advertising device renders the outdoor advertising device a public nuisance and subject to immediate disposal, removal, or destruction. (3) In addition, the commissioner has the authority to assess and collect from the owner a civil penalty in the amount of five hundred dollars ($500) for each calendar day after the date that the owner is determined through a contested case hearing to have failed to act in accordance with § 54-21-104 . The total amount of the civil penalty imposed each year must not exceed five thousand dollars ($5,000). (4) In addition, or in lieu of subdivisions (a)(1)-(3), the commissioner may enter upon any property on which an outdoor advertising device is located and dispose of, remove, or destroy the outdoor advertising device, all without incurring any liability for those actions.
(1) Any owner of any outdoor advertising device who has failed to act in accordance with § 54-21-104 must remove the outdoor advertising device immediately.
(2) Failure to remove the outdoor advertising device renders the outdoor advertising device a public nuisance and subject to immediate disposal, removal, or destruction.
(3) In addition, the commissioner has the authority to assess and collect from the owner a civil penalty in the amount of five hundred dollars ($500) for each calendar day after the date that the owner is determined through a contested case hearing to have failed to act in accordance with § 54-21-104 . The total amount of the civil penalty imposed each year must not exceed five thousand dollars ($5,000).
(4) In addition, or in lieu of subdivisions (a)(1)-(3), the commissioner may enter upon any property on which an outdoor advertising device is located and dispose of, remove, or destroy the outdoor advertising device, all without incurring any liability for those actions.
(b) Prior to invoking this section, the commissioner shall give notice either by certified mail or by personal service to the owner of the outdoor advertising device or occupant of the land on which the outdoor advertising device is located. The notice must specify the basis for the alleged unlawfulness, the remedial action that is required to correct the unlawfulness, and advise that a failure to take the remedial action or request a hearing within forty-five (45) days results in the sign being subject to removal. In addition, the commissioner must give, or have previously given, the owner or operator of the outdoor advertising device an opportunity to request a contested case hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to determine the lawfulness of the outdoor advertising device. For good cause shown, the commissioner may extend the forty-five-day period for remedial action for up to an additional one hundred fifty (150) days, so long as all advertising content is removed from the unlawful outdoor advertising device within the forty-five-day period. If advertising content is placed on the outdoor advertising device during any extended period, the outdoor advertising device may be immediately removed by the commissioner without further notice. The owner of the outdoor advertising device is liable to the state for damages equal to three (3) times the cost of removal, in addition to disgorgement of any profit and gains or benefit derived from the violation and any other applicable fees, costs, or damages. The owner of the land on which the outdoor advertising device is located shall not be presumed to be the owner of the outdoor advertising device simply because it is on the owner's property.
(c) (1) If the department has reason to believe that a sign is being operated, in whole or part, as an outdoor advertising device without first obtaining a permit as required under § 54-21-104 , the department may issue an investigative request to the owner or operator of the sign, the owner of the property, or any other person for the purpose of obtaining relevant documents or information to determine whether the sign is being operated as an outdoor advertising device. (2) If, after being served with an investigative request by the department under subdivision (c)(1), the person provides the requested documents or information and the department determines that the sign is being operated as an outdoor advertising device in violation of §§ 54-21-103 and 54-21-104 , the department shall issue a written order to the owner or operator of the outdoor advertising device explaining the basis for determining that the sign is an outdoor advertising device and directing the owner or operator of the device to remedy the violation by applying for the applicable outdoor advertising device permit, or by removing the unlawful device, as appropriate, by the date set forth in the order, which shall be no less than sixty (60) days after the date of the order. (3) The person may appeal the department's order under subdivision (c)(2) by filing a written notice of appeal with the department within thirty (30) days of the date on which the order is issued. If an appeal is timely filed with the department, the department shall initiate a contested case proceeding under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to hear the person's appeal. (4) If a person fails to comply with the department's investigative request under subdivision (c)(1), or if the department reasonably believes the documents or information provided are incomplete or inaccurate, the department may initiate a contested case proceeding under the Uniform Administrative Procedures Act to compel the production of relevant documents or information and to determine whether the outdoor advertising device is being operated in violation of §§ 54-21-103 and 54-21-104 and therefore subject to enforcement action under this section.
(1) If the department has reason to believe that a sign is being operated, in whole or part, as an outdoor advertising device without first obtaining a permit as required under § 54-21-104 , the department may issue an investigative request to the owner or operator of the sign, the owner of the property, or any other person for the purpose of obtaining relevant documents or information to determine whether the sign is being operated as an outdoor advertising device.
(2) If, after being served with an investigative request by the department under subdivision (c)(1), the person provides the requested documents or information and the department determines that the sign is being operated as an outdoor advertising device in violation of §§ 54-21-103 and 54-21-104 , the department shall issue a written order to the owner or operator of the outdoor advertising device explaining the basis for determining that the sign is an outdoor advertising device and directing the owner or operator of the device to remedy the violation by applying for the applicable outdoor advertising device permit, or by removing the unlawful device, as appropriate, by the date set forth in the order, which shall be no less than sixty (60) days after the date of the order.
(3) The person may appeal the department's order under subdivision (c)(2) by filing a written notice of appeal with the department within thirty (30) days of the date on which the order is issued. If an appeal is timely filed with the department, the department shall initiate a contested case proceeding under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to hear the person's appeal.
(4) If a person fails to comply with the department's investigative request under subdivision (c)(1), or if the department reasonably believes the documents or information provided are incomplete or inaccurate, the department may initiate a contested case proceeding under the Uniform Administrative Procedures Act to compel the production of relevant documents or information and to determine whether the outdoor advertising device is being operated in violation of §§ 54-21-103 and 54-21-104 and therefore subject to enforcement action under this section.
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Acts 1972, ch. 655, § 5; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2605; Acts 1980, ch. 470, § 2; 1990, ch. 936, §1; 2009 , ch. 451, §§ 2, 3.
Tenn. Code Ann. § 54-1-119 — TN Code / Title 54 / Chapter 1 / Section 54-1-119
Design-build and performance-based asset maintenance contracts - Selection criteria - Funding - Notice
Status: in_force

(a) As used in this section: (1) "Design-build contract" means: (A) An agreement that provides for the design and construction of a project under a single contract, which may include, but is not limited to, design, right-of-way acquisition, regulatory permit review and approvals, or utility relocation, and the construction, reconstruction, repair, or maintenance of the project; or (B) An agreement that provides for the design and reconstruction, repair, or maintenance of highway facilities under a single contract, which may include, but is not limited to, design, right-of-way acquisition, regulatory permit review and approvals, or utility relocation services, and the reconstruction, repair, or maintenance of highway facility components along specific roadway corridors or within a geographic area; and (2) "Performance-based asset maintenance contract" means an agreement, typically long-term, that provides for managing and performing the inspection and reconstruction, repair, or maintenance of multiple highway facility components for specific roadway corridors or within a geographic area, where the contract sets specific performance standards, rather than prescriptive work tasks and deadlines, and may include incentive or disincentive provisions to promote achievement of the desired outcomes. Such contracts may also include third-party damage repair and claim management services, and may also provide for design, right-of-way acquisition, regulatory permit review and approvals, or utility relocation activities. Types of projects not suited for performance-based asset maintenance contracts include, but are not limited to, resurfacing and bridge repair projects. (b) Notwithstanding another law to the contrary, the department may award design-build contracts and performance-based asset maintenance contracts in accordance with this section. (c) Selection criteria for a design-build contract or a performance-based asset maintenance contract must include the cost, and may include qualifications, time of completion, innovation, design and construction quality, design innovation, or other technical or quality related criteria, as determined by the department. (d) The department may award a stipulated fee to design-build firms that submit responsive proposals but are not awarded the design-build contract. The department is not required to award a stipulated fee, but if it elects to award the fee, the amount of the stipend and the terms under which stipends are to be paid must be stated in the request for proposals. (e) Prior to executing a design-build contract under this section, the commissioner shall send written notice to the chair of the transportation and safety committee of the senate and the chair of the transportation committee of the house of representatives. (f) If a proposed design-build contract has a total estimated contract amount in excess of one hundred million dollars ($100,000,000), the department shall specifically identify the project as a design-build project in the transportation improvement program submitted annually to the general assembly in support of the commissioner's annual funding recommendations. (g) The department may establish agency policy, or the department may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or both, in furtherance of this part. Amended by 2023 Tenn. Acts, ch. 159, s 2, eff. 4/17/2023. Amended by 2013 Tenn. Acts, ch. 236, s 90, eff. 4/19/2013. Acts 2007, ch ch 274, § 1.
(a) As used in this section: (1) "Design-build contract" means: (A) An agreement that provides for the design and construction of a project under a single contract, which may include, but is not limited to, design, right-of-way acquisition, regulatory permit review and approvals, or utility relocation, and the construction, reconstruction, repair, or maintenance of the project; or (B) An agreement that provides for the design and reconstruction, repair, or maintenance of highway facilities under a single contract, which may include, but is not limited to, design, right-of-way acquisition, regulatory permit review and approvals, or utility relocation services, and the reconstruction, repair, or maintenance of highway facility components along specific roadway corridors or within a geographic area; and (2) "Performance-based asset maintenance contract" means an agreement, typically long-term, that provides for managing and performing the inspection and reconstruction, repair, or maintenance of multiple highway facility components for specific roadway corridors or within a geographic area, where the contract sets specific performance standards, rather than prescriptive work tasks and deadlines, and may include incentive or disincentive provisions to promote achievement of the desired outcomes. Such contracts may also include third-party damage repair and claim management services, and may also provide for design, right-of-way acquisition, regulatory permit review and approvals, or utility relocation activities. Types of projects not suited for performance-based asset maintenance contracts include, but are not limited to, resurfacing and bridge repair projects.
(1) "Design-build contract" means: (A) An agreement that provides for the design and construction of a project under a single contract, which may include, but is not limited to, design, right-of-way acquisition, regulatory permit review and approvals, or utility relocation, and the construction, reconstruction, repair, or maintenance of the project; or (B) An agreement that provides for the design and reconstruction, repair, or maintenance of highway facilities under a single contract, which may include, but is not limited to, design, right-of-way acquisition, regulatory permit review and approvals, or utility relocation services, and the reconstruction, repair, or maintenance of highway facility components along specific roadway corridors or within a geographic area; and
(A) An agreement that provides for the design and construction of a project under a single contract, which may include, but is not limited to, design, right-of-way acquisition, regulatory permit review and approvals, or utility relocation, and the construction, reconstruction, repair, or maintenance of the project; or
(B) An agreement that provides for the design and reconstruction, repair, or maintenance of highway facilities under a single contract, which may include, but is not limited to, design, right-of-way acquisition, regulatory permit review and approvals, or utility relocation services, and the reconstruction, repair, or maintenance of highway facility components along specific roadway corridors or within a geographic area; and
(2) "Performance-based asset maintenance contract" means an agreement, typically long-term, that provides for managing and performing the inspection and reconstruction, repair, or maintenance of multiple highway facility components for specific roadway corridors or within a geographic area, where the contract sets specific performance standards, rather than prescriptive work tasks and deadlines, and may include incentive or disincentive provisions to promote achievement of the desired outcomes. Such contracts may also include third-party damage repair and claim management services, and may also provide for design, right-of-way acquisition, regulatory permit review and approvals, or utility relocation activities. Types of projects not suited for performance-based asset maintenance contracts include, but are not limited to, resurfacing and bridge repair projects.
(b) Notwithstanding another law to the contrary, the department may award design-build contracts and performance-based asset maintenance contracts in accordance with this section.
(c) Selection criteria for a design-build contract or a performance-based asset maintenance contract must include the cost, and may include qualifications, time of completion, innovation, design and construction quality, design innovation, or other technical or quality related criteria, as determined by the department.
(d) The department may award a stipulated fee to design-build firms that submit responsive proposals but are not awarded the design-build contract. The department is not required to award a stipulated fee, but if it elects to award the fee, the amount of the stipend and the terms under which stipends are to be paid must be stated in the request for proposals.
(e) Prior to executing a design-build contract under this section, the commissioner shall send written notice to the chair of the transportation and safety committee of the senate and the chair of the transportation committee of the house of representatives.
(f) If a proposed design-build contract has a total estimated contract amount in excess of one hundred million dollars ($100,000,000), the department shall specifically identify the project as a design-build project in the transportation improvement program submitted annually to the general assembly in support of the commissioner's annual funding recommendations.
(g) The department may establish agency policy, or the department may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or both, in furtherance of this part.
Amended by 2023 Tenn. Acts, ch. 159, s 2, eff. 4/17/2023.
Amended by 2013 Tenn. Acts, ch. 236, s 90, eff. 4/19/2013.
Acts 2007, ch ch 274, § 1.
Tenn. Code Ann. § 54-12-118 — TN Code / Title 54 / Chapter 12 / Section 54-12-118
Fund for expenses may be paid as needed
Status: in_force

The fund for expenses may be paid in from time to time, under the orders of the monthly county court, as the fund may be needed. Acts 1919, ch. 193, § 118; Shan. Supp., § 1682a132; Code 1932, § 2947; modified; T.C.A. (orig. ed.), § 54-1318.
The fund for expenses may be paid in from time to time, under the orders of the monthly county court, as the fund may be needed.
Acts 1919, ch. 193, § 118; Shan. Supp., § 1682a132; Code 1932, § 2947; modified; T.C.A. (orig. ed.), § 54-1318.
Tenn. Code Ann. § 54-9-137 — TN Code / Title 54 / Chapter 9 / Section 54-9-137
Record of expenditures and expenses kept by commissioners - Open to public - Violations a misdemeanor - Removal
Status: in_force

(a) The commissioners shall keep a well-bound book, in which shall be recorded in detail the amount of money expended by them on the roads, and where and for what purpose the money was expended. (b) The book shall show to whom the funds have been paid, giving the date and the amount of the payments; and it shall further show any and all expenses paid by the commissioners. (c) There shall be a proper accounting for all the funds coming to their hands, and how expended. (d) (1) The book shall be open to the public at all reasonable times and places. (2) Failure to keep the book and failure to show the book to anyone of the public is a Class A misdemeanor upon the part of the commissioners and, in addition, subjects them to removal. Acts 1913 (1st E.S.), ch. 26, § 13; Shan., § 1695a40; Code 1932, § 3000; T.C.A. (orig. ed.), § 54-840; Acts 1989, ch. 591, §§ 1, 6.
(a) The commissioners shall keep a well-bound book, in which shall be recorded in detail the amount of money expended by them on the roads, and where and for what purpose the money was expended.
(b) The book shall show to whom the funds have been paid, giving the date and the amount of the payments; and it shall further show any and all expenses paid by the commissioners.
(c) There shall be a proper accounting for all the funds coming to their hands, and how expended.
(d) (1) The book shall be open to the public at all reasonable times and places. (2) Failure to keep the book and failure to show the book to anyone of the public is a Class A misdemeanor upon the part of the commissioners and, in addition, subjects them to removal.
(1) The book shall be open to the public at all reasonable times and places.
(2) Failure to keep the book and failure to show the book to anyone of the public is a Class A misdemeanor upon the part of the commissioners and, in addition, subjects them to removal.
Acts 1913 (1st E.S.), ch. 26, § 13; Shan., § 1695a40; Code 1932, § 3000; T.C.A. (orig. ed.), § 54-840; Acts 1989, ch. 591, §§ 1, 6.
Tenn. Code Ann. § 54-5-801 — TN Code / Title 54 / Chapter 5 / Section 54-5-801
Declaration of policy
Status: in_force

(a) The construction of modern highways is necessary to promote public safety, facilitate the movement of present day motor traffic, both interstate and intrastate in character, and to promote the national defense, and in the construction of the highways it is also in the public interest to provide for the orderly and economical relocation of utilities when made necessary by highway improvements, including extensions of highways within urban areas, without occasioning utility service interruptions or unnecessary hazards to the health, safety and welfare of the traveling or utility consuming public. (b) Utilities have been authorized by statute or charter provisions for many years to locate their facilities within the boundaries of public roads and streets in this state, because utilities are vital to the health, safety and welfare of the citizens of this state, and further: (1) The business and activities of utilities involve the rendition of essential public services to large numbers of the general public, and no cessation of utility service is permitted without authority of law; (2) The financing of utilities involves the investment of large sums of money, obtained from municipal funds and subscribing members of the general public; (3) The development and extension of utilities directly and vitally affect the development, growth and expansion of the general welfare, business and industry of this state; and (4) All persons in this state are actual or potential consumers of one (1) or more utility services, and all consumers will be affected by the cost of relocation of their utilities as necessary to accommodate highway improvements. (c) Public highways and streets are intended principally for public travel and transportation; but they are also intended for proper utility uses in serving the public, as authorized by charter provisions or other applicable laws of this state, and the utility uses are for the benefit of the public served. Without making use of public ways, utility lines could not reach or economically service the adjacent public, particularly in urban areas. (d) Federal aid highways of the interstate system, including extensions of the highways in urban areas, serve the need of nonlocal and long distance traffic. (e) The municipality that owns and operates its own utilities is a political subdivision of the state and lawfully holds all of its utility properties, real and personal, and other facilities in a proprietary capacity, and owns or has a real property interest in the streets, easements and other public ways in, under, and over which the utility facilities are installed. (f) The obligation of the utility relocations is a burden on the public in this state, whether initially borne by the state or the municipally or cooperatively owned utility or in part by both, and it is, therefore, in the public interest that the burden be minimized to the extent that same can be done consistently with the principal purpose of the streets and highways for vehicular movement of persons and property; therefore, it is the intent of the general assembly to ensure that the state's police power in requiring relocation of utilities shall be exercised in a reasonable manner. (g) Utility relocations necessitated by construction of the interstate highway system, extensions of the highway system, or improvements to the highway system are a public governmental function, properly a part of the construction, and, to the extent in this part provided, utility relocations shall be made at state expense; however, although made in obedience to the commissioner's orders in exercise of the police power under this part, relocations under this part for which compensation is not provided by this part or otherwise by law are declared to be damnum absque injuria and no claim therefor shall be enforceable against the state. Utility relocations to which this part are applicable shall be made only in pursuance of this part. (h) The statements in this section are legislative determinations and declarations of public policy, and this part shall be liberally construed in conformity with its declarations and purposes to promote the public interest. Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-562.
(a) The construction of modern highways is necessary to promote public safety, facilitate the movement of present day motor traffic, both interstate and intrastate in character, and to promote the national defense, and in the construction of the highways it is also in the public interest to provide for the orderly and economical relocation of utilities when made necessary by highway improvements, including extensions of highways within urban areas, without occasioning utility service interruptions or unnecessary hazards to the health, safety and welfare of the traveling or utility consuming public.
(b) Utilities have been authorized by statute or charter provisions for many years to locate their facilities within the boundaries of public roads and streets in this state, because utilities are vital to the health, safety and welfare of the citizens of this state, and further: (1) The business and activities of utilities involve the rendition of essential public services to large numbers of the general public, and no cessation of utility service is permitted without authority of law; (2) The financing of utilities involves the investment of large sums of money, obtained from municipal funds and subscribing members of the general public; (3) The development and extension of utilities directly and vitally affect the development, growth and expansion of the general welfare, business and industry of this state; and (4) All persons in this state are actual or potential consumers of one (1) or more utility services, and all consumers will be affected by the cost of relocation of their utilities as necessary to accommodate highway improvements.
(1) The business and activities of utilities involve the rendition of essential public services to large numbers of the general public, and no cessation of utility service is permitted without authority of law;
(2) The financing of utilities involves the investment of large sums of money, obtained from municipal funds and subscribing members of the general public;
(3) The development and extension of utilities directly and vitally affect the development, growth and expansion of the general welfare, business and industry of this state; and
(4) All persons in this state are actual or potential consumers of one (1) or more utility services, and all consumers will be affected by the cost of relocation of their utilities as necessary to accommodate highway improvements.
(c) Public highways and streets are intended principally for public travel and transportation; but they are also intended for proper utility uses in serving the public, as authorized by charter provisions or other applicable laws of this state, and the utility uses are for the benefit of the public served. Without making use of public ways, utility lines could not reach or economically service the adjacent public, particularly in urban areas.
(d) Federal aid highways of the interstate system, including extensions of the highways in urban areas, serve the need of nonlocal and long distance traffic.
(e) The municipality that owns and operates its own utilities is a political subdivision of the state and lawfully holds all of its utility properties, real and personal, and other facilities in a proprietary capacity, and owns or has a real property interest in the streets, easements and other public ways in, under, and over which the utility facilities are installed.
(f) The obligation of the utility relocations is a burden on the public in this state, whether initially borne by the state or the municipally or cooperatively owned utility or in part by both, and it is, therefore, in the public interest that the burden be minimized to the extent that same can be done consistently with the principal purpose of the streets and highways for vehicular movement of persons and property; therefore, it is the intent of the general assembly to ensure that the state's police power in requiring relocation of utilities shall be exercised in a reasonable manner.
(g) Utility relocations necessitated by construction of the interstate highway system, extensions of the highway system, or improvements to the highway system are a public governmental function, properly a part of the construction, and, to the extent in this part provided, utility relocations shall be made at state expense; however, although made in obedience to the commissioner's orders in exercise of the police power under this part, relocations under this part for which compensation is not provided by this part or otherwise by law are declared to be damnum absque injuria and no claim therefor shall be enforceable against the state. Utility relocations to which this part are applicable shall be made only in pursuance of this part.
(h) The statements in this section are legislative determinations and declarations of public policy, and this part shall be liberally construed in conformity with its declarations and purposes to promote the public interest.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-562.
Tenn. Code Ann. § 54-12-416 — TN Code / Title 54 / Chapter 12 / Section 54-12-416
Public taxes to be paid before the delinquent assessments
Status: in_force

When a sale is ordered in the suit, and is made and reported, the clerk and master of the court, so making the sale, shall report what public taxes are a lien upon any tract so sold in favor of the state, county, or any municipality, and the court shall see that this is done, and any taxes, if the sale is confirmed, shall be first paid out of the proceeds of the sale before the delinquent assessments are paid. Acts 1919, ch. 193, § 98; Shan. Supp., § 1682a112; Code 1932, § 2927; T.C.A. (orig. ed.), § 54-1616.
When a sale is ordered in the suit, and is made and reported, the clerk and master of the court, so making the sale, shall report what public taxes are a lien upon any tract so sold in favor of the state, county, or any municipality, and the court shall see that this is done, and any taxes, if the sale is confirmed, shall be first paid out of the proceeds of the sale before the delinquent assessments are paid.
Acts 1919, ch. 193, § 98; Shan. Supp., § 1682a112; Code 1932, § 2927; T.C.A. (orig. ed.), § 54-1616.
Tenn. Code Ann. § 54-5-1203 — TN Code / Title 54 / Chapter 5 / Section 54-5-1203
Wildflower program
Status: in_force

(a) The department of transportation shall continue the wildflower program. (b) (1) The department shall plant in each of the four (4) regions of the state not less than twenty-four (24) acres of wildflowers along the highway system and at appropriate interchanges that are heavily traveled. (2) For the purposes of this part, unless the context otherwise requires, "wildflowers" means plants or grasses that are native to the southeastern United States, and Tennessee in particular, when available. (c) The department is encouraged to take measures to reduce mowing costs associated with this program. In rural areas beyond the immediate roadside identified as having existing high quality native wildflower habitats, mowing should be conducted only as necessary to encourage the full development of the wildflower habitats. The department of environment and conservation shall assist the department of transportation in identifying these sites. (d) For the benefit of the traveling public and mowing crews, the areas shall carry appropriate notations stating that the wildflowers are present. Acts 1993, ch. 455, § 3; 1995, ch. 413, §§ 1-4.
(a) The department of transportation shall continue the wildflower program.
(b) (1) The department shall plant in each of the four (4) regions of the state not less than twenty-four (24) acres of wildflowers along the highway system and at appropriate interchanges that are heavily traveled. (2) For the purposes of this part, unless the context otherwise requires, "wildflowers" means plants or grasses that are native to the southeastern United States, and Tennessee in particular, when available.
(1) The department shall plant in each of the four (4) regions of the state not less than twenty-four (24) acres of wildflowers along the highway system and at appropriate interchanges that are heavily traveled.
(2) For the purposes of this part, unless the context otherwise requires, "wildflowers" means plants or grasses that are native to the southeastern United States, and Tennessee in particular, when available.
(c) The department is encouraged to take measures to reduce mowing costs associated with this program. In rural areas beyond the immediate roadside identified as having existing high quality native wildflower habitats, mowing should be conducted only as necessary to encourage the full development of the wildflower habitats. The department of environment and conservation shall assist the department of transportation in identifying these sites.
(d) For the benefit of the traveling public and mowing crews, the areas shall carry appropriate notations stating that the wildflowers are present.
Acts 1993, ch. 455, § 3; 1995, ch. 413, §§ 1-4.
Tenn. Code Ann. § 54-20-109 — TN Code / Title 54 / Chapter 20 / Section 54-20-109
More restrictive law unaffected
Status: in_force

Nothing in this part shall be construed to abrogate or affect any lawful ordinance, regulation, or resolution that is more restrictive than this part. Acts 1967, ch. 304, § 9; T.C.A., § 54-2309.
Nothing in this part shall be construed to abrogate or affect any lawful ordinance, regulation, or resolution that is more restrictive than this part.
Acts 1967, ch. 304, § 9; T.C.A., § 54-2309.
Tenn. Code Ann. § 54-20-123 — TN Code / Title 54 / Chapter 20 / Section 54-20-123
Applicability of part
Status: in_force

(a) All provisions of this part, except § 54-20-113 , shall apply to automotive dismantlers and recyclers, as defined in § 55-17-102 , that are licensed pursuant to §§ 55-17-109(b) and 55-17-112 . (b) It is the express legislative intent that this part not include a city street unless the city street is also a state or federal highway. (c) This part shall not apply to any solid waste processing facility or disposal facility or site that is registered in accordance with § 68-211-106 . (d) Any person who operates an established place of business licensed pursuant to § 55-17-102 to sell used cars or parts and engages in the business of automotive dismantling or recycling, as defined in § 55-17-102 , without the license required pursuant to § 55-17-109(b) shall be considered in violation of this part. Acts 1981, ch. 432, §§ 12, 15; 1983, ch. 355, § 1; 1988, ch. 513, § 2; 1988, ch. 746, § 1.
(a) All provisions of this part, except § 54-20-113 , shall apply to automotive dismantlers and recyclers, as defined in § 55-17-102 , that are licensed pursuant to §§ 55-17-109(b) and 55-17-112 .
(b) It is the express legislative intent that this part not include a city street unless the city street is also a state or federal highway.
(c) This part shall not apply to any solid waste processing facility or disposal facility or site that is registered in accordance with § 68-211-106 .
(d) Any person who operates an established place of business licensed pursuant to § 55-17-102 to sell used cars or parts and engages in the business of automotive dismantling or recycling, as defined in § 55-17-102 , without the license required pursuant to § 55-17-109(b) shall be considered in violation of this part.
Acts 1981, ch. 432, §§ 12, 15; 1983, ch. 355, § 1; 1988, ch. 513, § 2; 1988, ch. 746, § 1.
Tenn. Code Ann. § 54-12-123 — TN Code / Title 54 / Chapter 12 / Section 54-12-123
Engineer's return - Contents
Status: in_force

The engineer shall make returns of and file the engineer's proceedings with the county clerk, which returns shall set forth the starting point, the route, the terminus or termini of the road or roads, or other improvements, such as the necessary bridges and culverts on the road or roads and the course and the length of the road or roads approximately through each tract of land as far as practicable, and the boundary of the proposed district and the description of each tract of land in the district as shown by the tax books, the names of the owners of the land as shown by the tax books, the probable cost of the improvement, and other facts and recommendations deemed material. Acts 1919, ch. 193, § 12; Shan. Supp., § 1682a23; Code 1932, § 2837; modified; T.C.A. (orig. ed.), § 54-1323; impl. am. Acts 1978, ch. 934, §§ 22, 36.
The engineer shall make returns of and file the engineer's proceedings with the county clerk, which returns shall set forth the starting point, the route, the terminus or termini of the road or roads, or other improvements, such as the necessary bridges and culverts on the road or roads and the course and the length of the road or roads approximately through each tract of land as far as practicable, and the boundary of the proposed district and the description of each tract of land in the district as shown by the tax books, the names of the owners of the land as shown by the tax books, the probable cost of the improvement, and other facts and recommendations deemed material.
Acts 1919, ch. 193, § 12; Shan. Supp., § 1682a23; Code 1932, § 2837; modified; T.C.A. (orig. ed.), § 54-1323; impl. am. Acts 1978, ch. 934, §§ 22, 36.
Tenn. Code Ann. § 54-18-102 — TN Code / Title 54 / Chapter 18 / Section 54-18-102
Organizational framework included in agreement
Status: in_force

Cooperative agreements shall include an organizational framework for carrying out the planning process in a manner that ensures that decisions are reflective of, and responsive to, both the programs of the department of transportation and the needs and desires of the local governments. Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 130, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2102; Acts 1981, ch. 264, § 12.
Cooperative agreements shall include an organizational framework for carrying out the planning process in a manner that ensures that decisions are reflective of, and responsive to, both the programs of the department of transportation and the needs and desires of the local governments.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 130, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2102; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-12-320 — TN Code / Title 54 / Chapter 12 / Section 54-12-320
Special assessment a lien inferior to general assessment - Enforcement
Status: in_force

(a) The assessment shall be a lien upon the respective tracts of land upon which it is assessed, but inferior to the lien of the general assessment for the payment of bonds, interest, and administration charges. (b) The lien shall be enforced in the same manner as provided for the enforcements of liens in road improvement districts. Acts 1919, ch. 193, § 121; Shan. Supp., § 1682a135; Code 1932, § 2950; T.C.A. (orig. ed.), § 54-1520.
(a) The assessment shall be a lien upon the respective tracts of land upon which it is assessed, but inferior to the lien of the general assessment for the payment of bonds, interest, and administration charges.
(b) The lien shall be enforced in the same manner as provided for the enforcements of liens in road improvement districts.
Acts 1919, ch. 193, § 121; Shan. Supp., § 1682a135; Code 1932, § 2950; T.C.A. (orig. ed.), § 54-1520.
Tenn. Code Ann. § 54-9-202 — TN Code / Title 54 / Chapter 9 / Section 54-9-202
Surveys and plans of proposed projects - Contents - Approval by county - Reviewed and approved by state - Adoption by county legislative body
Status: in_force

(a) Prior to the issuance of bonds, the county highway department shall prepare, or cause to be prepared, surveys and plans of proposed county highways, roads and bridges, or proposed project or projects, to be constructed, showing the location, design and construction of the proposed improvement project and the estimated cost of the project, based on current costs. When the surveys and plans have been approved by the county highway department, they shall be submitted to the department of transportation. They shall be reviewed by the department for feasibility, practicability and completeness as to design and type of construction for a permanent county highway, road or bridge improvement, in accordance with the established standards for state-aid highways and roads constructed under the state-aid highway program. If the department approves the surveys and plans, it shall certify its approval to the presiding officer of the county legislative body, who shall submit the surveys and plans for approval or disapproval to the county legislative body at either a regular or called session to be held not less than thirty (30) nor more than forty-five (45) days from the date of submission. (b) Within five (5) days after the receipt of the surveys and plans, as certified by the department, the presiding officer of the county legislative body shall appoint a committee of no less than three (3), nor more than nine (9) members of the county legislative body, for the purpose of studying the surveys and plans, so that the committee may recommend approval or disapproval to the county legislative body. Within ten (10) days, the committee shall reduce its recommendations to writing and file them with the county clerk. Both majority and minority reports may be filed. At the meeting of the county legislative body, the plans, surveys, certification by the department and the recommendations of the committee appointed by the presiding officer shall be considered. If a majority of the authorized membership of the county legislative body approves, a resolution allowing the issuance of bonds, in accordance with this chapter, may be adopted. The county shall have no authority to change or alter, in any way, the surveys and plans approved and certified by the department, unless approved by the department. Acts 1959, ch. 320, § 2; 1961, ch. 282, § 2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 54-845; Acts 1983, ch. 320, § 7.
(a) Prior to the issuance of bonds, the county highway department shall prepare, or cause to be prepared, surveys and plans of proposed county highways, roads and bridges, or proposed project or projects, to be constructed, showing the location, design and construction of the proposed improvement project and the estimated cost of the project, based on current costs. When the surveys and plans have been approved by the county highway department, they shall be submitted to the department of transportation. They shall be reviewed by the department for feasibility, practicability and completeness as to design and type of construction for a permanent county highway, road or bridge improvement, in accordance with the established standards for state-aid highways and roads constructed under the state-aid highway program. If the department approves the surveys and plans, it shall certify its approval to the presiding officer of the county legislative body, who shall submit the surveys and plans for approval or disapproval to the county legislative body at either a regular or called session to be held not less than thirty (30) nor more than forty-five (45) days from the date of submission.
(b) Within five (5) days after the receipt of the surveys and plans, as certified by the department, the presiding officer of the county legislative body shall appoint a committee of no less than three (3), nor more than nine (9) members of the county legislative body, for the purpose of studying the surveys and plans, so that the committee may recommend approval or disapproval to the county legislative body. Within ten (10) days, the committee shall reduce its recommendations to writing and file them with the county clerk. Both majority and minority reports may be filed. At the meeting of the county legislative body, the plans, surveys, certification by the department and the recommendations of the committee appointed by the presiding officer shall be considered. If a majority of the authorized membership of the county legislative body approves, a resolution allowing the issuance of bonds, in accordance with this chapter, may be adopted. The county shall have no authority to change or alter, in any way, the surveys and plans approved and certified by the department, unless approved by the department.
Acts 1959, ch. 320, § 2; 1961, ch. 282, § 2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 54-845; Acts 1983, ch. 320, § 7.
Tenn. Code Ann. § 54-6-120 — TN Code / Title 54 / Chapter 6 / Section 54-6-120
Sovereign immunity not waived
Status: in_force

Nothing in this chapter constitutes a waiver of the sovereign immunity of the state or any other public entity with respect to the participation in, or approval of all or any part of the qualifying transportation facility or its operation, including interconnection of the qualifying transportation facility with any other transportation facility. Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Nothing in this chapter constitutes a waiver of the sovereign immunity of the state or any other public entity with respect to the participation in, or approval of all or any part of the qualifying transportation facility or its operation, including interconnection of the qualifying transportation facility with any other transportation facility.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-12-205 — TN Code / Title 54 / Chapter 12 / Section 54-12-205
Subdivision and classification of body of land in one owner
Status: in_force

In making the classification, the commissioners are authorized to divide the land of one (1) owner lying in one (1) body into more than one (1) tract, and classify each subdivision of the tract, if they are of the opinion that portions of the entire tract will be more benefited than other portions, and especially when the entire tract is a large one, and that it will be more equitable and just to classify it in subdivisions. Acts 1919, ch. 193, § 48; Shan. Supp., § 1682a59; Code 1932, § 2873; T.C.A. (orig. ed.), § 54-1405.
In making the classification, the commissioners are authorized to divide the land of one (1) owner lying in one (1) body into more than one (1) tract, and classify each subdivision of the tract, if they are of the opinion that portions of the entire tract will be more benefited than other portions, and especially when the entire tract is a large one, and that it will be more equitable and just to classify it in subdivisions.
Acts 1919, ch. 193, § 48; Shan. Supp., § 1682a59; Code 1932, § 2873; T.C.A. (orig. ed.), § 54-1405.
Tenn. Code Ann. § 54-5-854 — TN Code / Title 54 / Chapter 5 / Section 54-5-854
Project plans - Copies - Marking, approval, and changes - Liability - Civil penalties
Status: in_force

(a) When the department is informed of the existence of utility facilities pursuant to § 54-5-853 , it shall provide each owner with a set of complete project plans either by providing the owner with a paper copy or a digital copy. The plans may be transmitted by hand delivery or return receipt mail, or by electronic transmission of a digital copy. Digital copies shall be in the format, and subject to such restrictions on use, as the department may specify. (b) Within one hundred twenty (120) calendar days following the receipt of the plans, the owner shall mark on the plans, or on a copy of the plans, the approximate vertical and horizontal locations of underground utility facilities, approximate horizontal location of above-ground utility facilities, a description of each of its existing utility facilities and any proposed new location of the facilities and additional facilities within all rights-of-way shown on the project plans, and prepare a plan and a schedule of calendar days to accomplish the proposed new location. The project plans, or a copy of the plans, and the plan and schedule of calendar days, shall be returned to the department in care of the person whose name and address are listed on the project plans. Should coordination with other owners be required in order for an owner to prepare a plan and schedule of calendar days, or should changes to the project plans cause the utility to alter its relocation plan or schedule, then additional time shall be allowed, but in no case shall the additional time exceed the original one hundred twenty (120) calendar days by more than an additional forty-five (45) calendar days. (c) (1) After the owner has submitted its plan and schedule of calendar days, the department may approve them if reasonable, or the department may otherwise reasonably direct the owner to install, relocate or adjust its utility facilities in accordance with an approved plan and schedule of calendar days. The department shall communicate approval or direction to the owner via certified mail. (2) The department shall establish the date on which the owner may begin the installation, relocation or adjustment of its utility facilities, and the owner shall be given reasonable advance notice of the date by certified mail via a notice to proceed. The owner shall be free to order the required materials associated with the proposed utility relocation or adjustment at this time. No owner shall be notified to begin installation, relocation or adjustment until all health, governmental, and environmental regulatory agencies have approved the submitted plan where applicable. (3) In the event the department and the owner fail to agree on a reasonable plan and schedule of calendar days to install, relocate or adjust the utility, the owner may proceed with the approved schedule under a reservation of rights notice to the department. The notice shall be filed within ten (10) days of the issuance of a notice to proceed by the department. The notice shall contain the owner's objections to the relocation schedule and shall state the reasons for the objections. The reservation of rights shall become a part of the administrative record for any subsequent contested case. If any subsequent contested case results in a revised plan and schedule of calendar days, then any penalty under subsections (g) and (h), shall be determined on the basis of the revised schedule. (d) After the owner has completed the installation, relocation or adjustment, or any part of the installation, relocation or adjustment, and the department requires any additional relocation or adjustment, the department shall reimburse the owner for the cost incurred. (e) The department shall give its contractor and the owner notice of any change in highway construction that would require any additional relocation or adjustment and the owner shall be given an agreed reasonable time to accomplish the work. In addition, the department shall reimburse the owner for the costs of all materials that have been purchased in association with the utility relocation or adjustment that cannot be utilized as a result of the change in the project. (f) The department's contractor shall be liable for any damages negligently inflicted to the owner's utility facilities occurring during the time provided in the schedule of calendar days for installation, relocation or adjustment, or during the approved time for any additional relocation or adjustment. (g) If any owner fails to comply with and implement this section, the contractor, with the consent of the department, may then undertake construction without liability to the owner for damages to the owner's utility facilities, and in addition, the owner shall be liable to the department's contractor for damages resulting from the failure. (h) (1) (A) If the owner fails to complete the required installation, relocation or adjustment of its utility facilities within the approved schedule of calendar days as approved by the department, the commissioner of transportation shall have the authority to assess and collect from the owner a civil penalty in the amount of five hundred dollars ($500) for each calendar day after the scheduled completion date that the owner fails to complete the required installation, relocation or adjustment. Owners having less than three thousand (3,000) customers shall be subject to the assessment of a civil penalty not to exceed two hundred fifty dollars ($250) per calendar day when the owner fails to complete the required installation, relocation or adjustment of its utility facilities within the approved schedule of calendar days. (B) The failure of another owner to sufficiently complete its required installation, relocation or adjustment of utilities that interferes with the owner's relocation plan shall constitute an affirmative defense to the assessment of a civil penalty pursuant to this section. (2) Notwithstanding any provision of this subsection (h) to the contrary, no civil penalty shall be assessed for delays that result from catastrophic weather events or acts of God. (3) During the course of the utility relocation phase of the project, each owner that is installing, relocating or adjusting its utility facilities shall furnish the department and all other such owners with monthly progress reports regarding the status of the relocation of its utility facility, until its relocation is completed. It shall be sufficient to comply with this subsection (h) if the owner regularly reports progress during the course of pre-construction meetings held by the contractor and the department. The content of the reports shall be reflected in the minutes of the meetings and the minutes shall constitute the monthly progress report required under this subdivision (h)(3), whether or not the meetings are held on a monthly basis. (4) The department shall give the owner written notice of the intent to assess a civil penalty and the opportunity to appear before the commissioner or the commissioner's designee to show cause why the penalty should not be assessed. Upon finding that a civil penalty should be assessed, the commissioner or the commissioner's designee shall issue an appropriate order to the owner. If the civil penalty has not been paid in full within ninety (90) days after the entry of the order, the matter shall be turned over to the attorney general and reporter for collection, and the owner shall be liable for all expenses associated with the enforcement action, including court costs and attorneys' fees. (5) Appeals of any decision to assess a civil penalty pursuant to this section shall be undertaken pursuant to the normal procedures for appeal of agency decisions in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. (6) The moneys collected as civil penalties under this subsection (h) shall be paid into the fund set aside for the utility relocation loan program established under § 67-3-901 . Acts 1988, ch. 517, § 4; 1999, ch. 452, §§ 1 - 6; 2002, ch. 675, § 1; 2012, ch. 602, § 1.
(a) When the department is informed of the existence of utility facilities pursuant to § 54-5-853 , it shall provide each owner with a set of complete project plans either by providing the owner with a paper copy or a digital copy. The plans may be transmitted by hand delivery or return receipt mail, or by electronic transmission of a digital copy. Digital copies shall be in the format, and subject to such restrictions on use, as the department may specify.
(b) Within one hundred twenty (120) calendar days following the receipt of the plans, the owner shall mark on the plans, or on a copy of the plans, the approximate vertical and horizontal locations of underground utility facilities, approximate horizontal location of above-ground utility facilities, a description of each of its existing utility facilities and any proposed new location of the facilities and additional facilities within all rights-of-way shown on the project plans, and prepare a plan and a schedule of calendar days to accomplish the proposed new location. The project plans, or a copy of the plans, and the plan and schedule of calendar days, shall be returned to the department in care of the person whose name and address are listed on the project plans. Should coordination with other owners be required in order for an owner to prepare a plan and schedule of calendar days, or should changes to the project plans cause the utility to alter its relocation plan or schedule, then additional time shall be allowed, but in no case shall the additional time exceed the original one hundred twenty (120) calendar days by more than an additional forty-five (45) calendar days.
(c) (1) After the owner has submitted its plan and schedule of calendar days, the department may approve them if reasonable, or the department may otherwise reasonably direct the owner to install, relocate or adjust its utility facilities in accordance with an approved plan and schedule of calendar days. The department shall communicate approval or direction to the owner via certified mail. (2) The department shall establish the date on which the owner may begin the installation, relocation or adjustment of its utility facilities, and the owner shall be given reasonable advance notice of the date by certified mail via a notice to proceed. The owner shall be free to order the required materials associated with the proposed utility relocation or adjustment at this time. No owner shall be notified to begin installation, relocation or adjustment until all health, governmental, and environmental regulatory agencies have approved the submitted plan where applicable. (3) In the event the department and the owner fail to agree on a reasonable plan and schedule of calendar days to install, relocate or adjust the utility, the owner may proceed with the approved schedule under a reservation of rights notice to the department. The notice shall be filed within ten (10) days of the issuance of a notice to proceed by the department. The notice shall contain the owner's objections to the relocation schedule and shall state the reasons for the objections. The reservation of rights shall become a part of the administrative record for any subsequent contested case. If any subsequent contested case results in a revised plan and schedule of calendar days, then any penalty under subsections (g) and (h), shall be determined on the basis of the revised schedule.
(1) After the owner has submitted its plan and schedule of calendar days, the department may approve them if reasonable, or the department may otherwise reasonably direct the owner to install, relocate or adjust its utility facilities in accordance with an approved plan and schedule of calendar days. The department shall communicate approval or direction to the owner via certified mail.
(2) The department shall establish the date on which the owner may begin the installation, relocation or adjustment of its utility facilities, and the owner shall be given reasonable advance notice of the date by certified mail via a notice to proceed. The owner shall be free to order the required materials associated with the proposed utility relocation or adjustment at this time. No owner shall be notified to begin installation, relocation or adjustment until all health, governmental, and environmental regulatory agencies have approved the submitted plan where applicable.
(3) In the event the department and the owner fail to agree on a reasonable plan and schedule of calendar days to install, relocate or adjust the utility, the owner may proceed with the approved schedule under a reservation of rights notice to the department. The notice shall be filed within ten (10) days of the issuance of a notice to proceed by the department. The notice shall contain the owner's objections to the relocation schedule and shall state the reasons for the objections. The reservation of rights shall become a part of the administrative record for any subsequent contested case. If any subsequent contested case results in a revised plan and schedule of calendar days, then any penalty under subsections (g) and (h), shall be determined on the basis of the revised schedule.
(d) After the owner has completed the installation, relocation or adjustment, or any part of the installation, relocation or adjustment, and the department requires any additional relocation or adjustment, the department shall reimburse the owner for the cost incurred.
(e) The department shall give its contractor and the owner notice of any change in highway construction that would require any additional relocation or adjustment and the owner shall be given an agreed reasonable time to accomplish the work. In addition, the department shall reimburse the owner for the costs of all materials that have been purchased in association with the utility relocation or adjustment that cannot be utilized as a result of the change in the project.
(f) The department's contractor shall be liable for any damages negligently inflicted to the owner's utility facilities occurring during the time provided in the schedule of calendar days for installation, relocation or adjustment, or during the approved time for any additional relocation or adjustment.
(g) If any owner fails to comply with and implement this section, the contractor, with the consent of the department, may then undertake construction without liability to the owner for damages to the owner's utility facilities, and in addition, the owner shall be liable to the department's contractor for damages resulting from the failure.
(h) (1) (A) If the owner fails to complete the required installation, relocation or adjustment of its utility facilities within the approved schedule of calendar days as approved by the department, the commissioner of transportation shall have the authority to assess and collect from the owner a civil penalty in the amount of five hundred dollars ($500) for each calendar day after the scheduled completion date that the owner fails to complete the required installation, relocation or adjustment. Owners having less than three thousand (3,000) customers shall be subject to the assessment of a civil penalty not to exceed two hundred fifty dollars ($250) per calendar day when the owner fails to complete the required installation, relocation or adjustment of its utility facilities within the approved schedule of calendar days. (B) The failure of another owner to sufficiently complete its required installation, relocation or adjustment of utilities that interferes with the owner's relocation plan shall constitute an affirmative defense to the assessment of a civil penalty pursuant to this section. (2) Notwithstanding any provision of this subsection (h) to the contrary, no civil penalty shall be assessed for delays that result from catastrophic weather events or acts of God. (3) During the course of the utility relocation phase of the project, each owner that is installing, relocating or adjusting its utility facilities shall furnish the department and all other such owners with monthly progress reports regarding the status of the relocation of its utility facility, until its relocation is completed. It shall be sufficient to comply with this subsection (h) if the owner regularly reports progress during the course of pre-construction meetings held by the contractor and the department. The content of the reports shall be reflected in the minutes of the meetings and the minutes shall constitute the monthly progress report required under this subdivision (h)(3), whether or not the meetings are held on a monthly basis. (4) The department shall give the owner written notice of the intent to assess a civil penalty and the opportunity to appear before the commissioner or the commissioner's designee to show cause why the penalty should not be assessed. Upon finding that a civil penalty should be assessed, the commissioner or the commissioner's designee shall issue an appropriate order to the owner. If the civil penalty has not been paid in full within ninety (90) days after the entry of the order, the matter shall be turned over to the attorney general and reporter for collection, and the owner shall be liable for all expenses associated with the enforcement action, including court costs and attorneys' fees. (5) Appeals of any decision to assess a civil penalty pursuant to this section shall be undertaken pursuant to the normal procedures for appeal of agency decisions in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. (6) The moneys collected as civil penalties under this subsection (h) shall be paid into the fund set aside for the utility relocation loan program established under § 67-3-901 .
(1) (A) If the owner fails to complete the required installation, relocation or adjustment of its utility facilities within the approved schedule of calendar days as approved by the department, the commissioner of transportation shall have the authority to assess and collect from the owner a civil penalty in the amount of five hundred dollars ($500) for each calendar day after the scheduled completion date that the owner fails to complete the required installation, relocation or adjustment. Owners having less than three thousand (3,000) customers shall be subject to the assessment of a civil penalty not to exceed two hundred fifty dollars ($250) per calendar day when the owner fails to complete the required installation, relocation or adjustment of its utility facilities within the approved schedule of calendar days. (B) The failure of another owner to sufficiently complete its required installation, relocation or adjustment of utilities that interferes with the owner's relocation plan shall constitute an affirmative defense to the assessment of a civil penalty pursuant to this section.
(A) If the owner fails to complete the required installation, relocation or adjustment of its utility facilities within the approved schedule of calendar days as approved by the department, the commissioner of transportation shall have the authority to assess and collect from the owner a civil penalty in the amount of five hundred dollars ($500) for each calendar day after the scheduled completion date that the owner fails to complete the required installation, relocation or adjustment. Owners having less than three thousand (3,000) customers shall be subject to the assessment of a civil penalty not to exceed two hundred fifty dollars ($250) per calendar day when the owner fails to complete the required installation, relocation or adjustment of its utility facilities within the approved schedule of calendar days.
(B) The failure of another owner to sufficiently complete its required installation, relocation or adjustment of utilities that interferes with the owner's relocation plan shall constitute an affirmative defense to the assessment of a civil penalty pursuant to this section.
(2) Notwithstanding any provision of this subsection (h) to the contrary, no civil penalty shall be assessed for delays that result from catastrophic weather events or acts of God.
(3) During the course of the utility relocation phase of the project, each owner that is installing, relocating or adjusting its utility facilities shall furnish the department and all other such owners with monthly progress reports regarding the status of the relocation of its utility facility, until its relocation is completed. It shall be sufficient to comply with this subsection (h) if the owner regularly reports progress during the course of pre-construction meetings held by the contractor and the department. The content of the reports shall be reflected in the minutes of the meetings and the minutes shall constitute the monthly progress report required under this subdivision (h)(3), whether or not the meetings are held on a monthly basis.
(4) The department shall give the owner written notice of the intent to assess a civil penalty and the opportunity to appear before the commissioner or the commissioner's designee to show cause why the penalty should not be assessed. Upon finding that a civil penalty should be assessed, the commissioner or the commissioner's designee shall issue an appropriate order to the owner. If the civil penalty has not been paid in full within ninety (90) days after the entry of the order, the matter shall be turned over to the attorney general and reporter for collection, and the owner shall be liable for all expenses associated with the enforcement action, including court costs and attorneys' fees.
(5) Appeals of any decision to assess a civil penalty pursuant to this section shall be undertaken pursuant to the normal procedures for appeal of agency decisions in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(6) The moneys collected as civil penalties under this subsection (h) shall be paid into the fund set aside for the utility relocation loan program established under § 67-3-901 .
Acts 1988, ch. 517, § 4; 1999, ch. 452, §§ 1 - 6; 2002, ch. 675, § 1; 2012, ch. 602, § 1.
Tenn. Code Ann. § 54-4-506 — TN Code / Title 54 / Chapter 4 / Section 54-4-506
Expending allocated moneys for other roadway purposes
Status: in_force

Once the local governments within a county geographical area have addressed the project priorities established by the commissioner, application may be made to the commissioner for permission to expend moneys allocated to the area under this part for other roadway purposes. The commissioner must approve the expenditure, and may require that certain conditions be met in conjunction with the expenditure. Acts 1990, ch. 717, § 7.
Once the local governments within a county geographical area have addressed the project priorities established by the commissioner, application may be made to the commissioner for permission to expend moneys allocated to the area under this part for other roadway purposes. The commissioner must approve the expenditure, and may require that certain conditions be met in conjunction with the expenditure.
Acts 1990, ch. 717, § 7.
Tenn. Code Ann. § 54-12-206 — TN Code / Title 54 / Chapter 12 / Section 54-12-206
Description and ownership of lands specified in reports
Status: in_force

In the report of the commissioners, they shall specify each tract of land by reasonable description and the ownership of the tract, as the tract appears on the tax books of the county or as the tract has been previously adjudged in the proceeding. Acts 1919, ch. 193, § 49; Shan. Supp., § 1682a60; Code 1932, § 2874; T.C.A. (orig. ed.), § 54-1406.
In the report of the commissioners, they shall specify each tract of land by reasonable description and the ownership of the tract, as the tract appears on the tax books of the county or as the tract has been previously adjudged in the proceeding.
Acts 1919, ch. 193, § 49; Shan. Supp., § 1682a60; Code 1932, § 2874; T.C.A. (orig. ed.), § 54-1406.
Tenn. Code Ann. § 54-10-107 — TN Code / Title 54 / Chapter 10 / Section 54-10-107
Adoption and recording of report
Status: in_force

When the report of the commission is submitted to the county legislative body, the county legislative body shall take a vote on the report, and, if a majority of the members vote for adopting the report of the commissioners, the vote shall be entered of record and the report spread upon the minutes. Acts 1891, ch. 211, § 3; Shan., § 1688; Code 1932, § 2961; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-922.
When the report of the commission is submitted to the county legislative body, the county legislative body shall take a vote on the report, and, if a majority of the members vote for adopting the report of the commissioners, the vote shall be entered of record and the report spread upon the minutes.
Acts 1891, ch. 211, § 3; Shan., § 1688; Code 1932, § 2961; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-922.
Tenn. Code Ann. § 54-4-406 — TN Code / Title 54 / Chapter 4 / Section 54-4-406
Maintenance of roads
Status: in_force

Any road designated as a part of the state-aid highway system shall be maintained by the local agency in which the highway or road is located. Acts 1983, ch. 320, § 2; T.C.A., § 54-6-206; Acts 1991, ch. 133, § 4.
Any road designated as a part of the state-aid highway system shall be maintained by the local agency in which the highway or road is located.
Acts 1983, ch. 320, § 2; T.C.A., § 54-6-206; Acts 1991, ch. 133, § 4.
Tenn. Code Ann. § 54-5-504 — TN Code / Title 54 / Chapter 5 / Section 54-5-504
Length of connectors
Status: in_force

The connectors shall be limited in length from their respective intersections with a segment of the interstate highway or fully controlled access highway to a connection with the first existing adequate facility or to a connection with the street system of the first population center on the route. In the case of an urban connection, the length shall be limited to an adequate connection with the major thoroughfare system. Acts 1965, ch. 159, § 4; T.C.A., § 54-572; Acts 1999, ch. 249, § 4.
The connectors shall be limited in length from their respective intersections with a segment of the interstate highway or fully controlled access highway to a connection with the first existing adequate facility or to a connection with the street system of the first population center on the route. In the case of an urban connection, the length shall be limited to an adequate connection with the major thoroughfare system.
Acts 1965, ch. 159, § 4; T.C.A., § 54-572; Acts 1999, ch. 249, § 4.
Tenn. Code Ann. § 54-1-302 — TN Code / Title 54 / Chapter 1 / Section 54-1-302
Annual report on transportation - Required information
Status: in_force

(a) Beginning June 30, 2001, and every quarter thereafter, the department of transportation shall generate a report to be submitted to the general assembly and the state building commission on the status of all highway and road projects approved by the general assembly as part of the department's budget. The status report shall include a current list of projects being planned, projects under construction, and anticipated starting dates for projects not yet underway. (b) With respect to each project referenced in subsection (a), the report shall: (1) State the initial contract price; (2) Identify the final cost of the project; and (3) If there is a significant change in cost, state the amount by which the authorized expenditures exceed the initial contract price, as well as the contributing factors for the cost changes. Acts 2001, ch. 298, § 3.
(a) Beginning June 30, 2001, and every quarter thereafter, the department of transportation shall generate a report to be submitted to the general assembly and the state building commission on the status of all highway and road projects approved by the general assembly as part of the department's budget. The status report shall include a current list of projects being planned, projects under construction, and anticipated starting dates for projects not yet underway.
(b) With respect to each project referenced in subsection (a), the report shall: (1) State the initial contract price; (2) Identify the final cost of the project; and (3) If there is a significant change in cost, state the amount by which the authorized expenditures exceed the initial contract price, as well as the contributing factors for the cost changes.
(1) State the initial contract price;
(2) Identify the final cost of the project; and
(3) If there is a significant change in cost, state the amount by which the authorized expenditures exceed the initial contract price, as well as the contributing factors for the cost changes.
Acts 2001, ch. 298, § 3.
Tenn. Code Ann. § 54-17-207 — TN Code / Title 54 / Chapter 17 / Section 54-17-207
Additions to system - Designation powers of commissioner
Status: in_force

Additions to the parkway system shall be part of the system of state highways, and the commissioner of transportation shall have the same powers set forth in §§ 54-5-101 and 54-5-102 with regard to designating the parkway system as the commissioner has to designate the system of state highways. Acts 1984, ch. 613, § 3.
Additions to the parkway system shall be part of the system of state highways, and the commissioner of transportation shall have the same powers set forth in §§ 54-5-101 and 54-5-102 with regard to designating the parkway system as the commissioner has to designate the system of state highways.
Acts 1984, ch. 613, § 3.
Tenn. Code Ann. § 54-4-405 — TN Code / Title 54 / Chapter 4 / Section 54-4-405
Methods of work
Status: in_force

Work authorized by this part shall be done in one (1) of the following methods: (1) Upon request of local officials, the department may agree and is fully empowered to act as agent for the local agency to carry out any phase of work authorized on the state-aid highway system; (2) All preconstruction activities may be performed by the local agency if accomplished in compliance with reasonable standards, which shall be established by the department; or (3) The construction of highways and roads provided for by this part shall be done in one (1) of the following methods: (A) By award of a construction contract by a local agency in accordance with procedures approved by the department, which shall include advertisement in a newspaper having circulation in the county in which the work is to be done for at least two (2) weekly issues prior to the date of accepting bids and compliance with a competitive bid procedure consistent with existing laws for the awarding of highway or road construction contracts; or (B) In accordance with a negotiated contract between the department and a local agency based upon unit prices to be established by the department; provided, that the department may prescribe rules and regulations necessary to ensure that counties with whom contracts are executed are equipped and qualified to do the work. Acts 1983, ch. 320, § 2; T.C.A., § 54-6-205.
Work authorized by this part shall be done in one (1) of the following methods:
(1) Upon request of local officials, the department may agree and is fully empowered to act as agent for the local agency to carry out any phase of work authorized on the state-aid highway system;
(2) All preconstruction activities may be performed by the local agency if accomplished in compliance with reasonable standards, which shall be established by the department; or
(3) The construction of highways and roads provided for by this part shall be done in one (1) of the following methods: (A) By award of a construction contract by a local agency in accordance with procedures approved by the department, which shall include advertisement in a newspaper having circulation in the county in which the work is to be done for at least two (2) weekly issues prior to the date of accepting bids and compliance with a competitive bid procedure consistent with existing laws for the awarding of highway or road construction contracts; or (B) In accordance with a negotiated contract between the department and a local agency based upon unit prices to be established by the department; provided, that the department may prescribe rules and regulations necessary to ensure that counties with whom contracts are executed are equipped and qualified to do the work.
(A) By award of a construction contract by a local agency in accordance with procedures approved by the department, which shall include advertisement in a newspaper having circulation in the county in which the work is to be done for at least two (2) weekly issues prior to the date of accepting bids and compliance with a competitive bid procedure consistent with existing laws for the awarding of highway or road construction contracts; or
(B) In accordance with a negotiated contract between the department and a local agency based upon unit prices to be established by the department; provided, that the department may prescribe rules and regulations necessary to ensure that counties with whom contracts are executed are equipped and qualified to do the work.
Acts 1983, ch. 320, § 2; T.C.A., § 54-6-205.
Tenn. Code Ann. § 54-14-102 — TN Code / Title 54 / Chapter 14 / Section 54-14-102
Condemnation to secure way of ingress and egress and extending utility lines - Jurisdiction - Joinder of parties in action
Status: in_force

(a) (1) A person owning any land, where ingress or egress to and from which is cut off or obstructed entirely from a public road or highway by the intervening land of another, or who has no outlet from the land to a public road in the state, by reason of the intervening land of another, is given the right to have a private easement or right-of-way not exceeding twenty-five feet (25') condemned and set aside for the benefit of the land over and across the intervening land for the purpose of ingress and egress and extending utility lines, including, but not limited to, electric, natural gas, water, sewage, telephone, or cable television to the enclosed land. Maintenance of the easement or right-of-way shall be the responsibility of the person granted the easement or right-of-way. Gates or fencing that restricts access to the subservient land may not be erected. In counties with a metropolitan form of government, the maximum permissible width for an easement or right-of-way is fifteen feet (15'). (2) If a person who already possesses a private easement or right-of-way of less than twenty-five feet (25') granted pursuant to this chapter determines that additional land is needed for the purpose of extending utility lines, including, but not limited to, electric, natural gas, water, sewage, telephone, or cable television, to the enclosed land, then the person must file a new petition requesting additional land. Upon receipt of a petition requesting additional land for the extension of utility lines, the court may, upon a showing of good cause, grant the petitioner's request and direct a jury of view to lay off and mark an additional area for utility lines; provided, that the total private easement or right-of-way does not exceed fifteen feet (15') in counties with a metropolitan form of government or twenty-five feet (25') in all other areas. (b) The chancery and circuit courts and county courts, the latter acting by and through the county mayor, are given concurrent jurisdiction in such matters. (c) As many different owners of lands as may be cut off or obstructed or deprived of adequate and convenient outlets may join together against any number of different owners of intervening lands as wish to have the easement or right-of-way so condemned and set aside to them over the intervening property, and the joining shall not make the proceedings multifarious. Amended by 2022 Tenn. Acts, ch. 808, s 1, eff. 4/8/2022. Amended by 2020 Tenn. Acts, ch. 703, s 2, eff. 6/22/2020. Acts 1921, ch. 75, § 1; Shan. Supp., § 1634a1; Code 1932, § 2746; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §54-1902; Acts 2003 , ch. 90, § 2.
(a) (1) A person owning any land, where ingress or egress to and from which is cut off or obstructed entirely from a public road or highway by the intervening land of another, or who has no outlet from the land to a public road in the state, by reason of the intervening land of another, is given the right to have a private easement or right-of-way not exceeding twenty-five feet (25') condemned and set aside for the benefit of the land over and across the intervening land for the purpose of ingress and egress and extending utility lines, including, but not limited to, electric, natural gas, water, sewage, telephone, or cable television to the enclosed land. Maintenance of the easement or right-of-way shall be the responsibility of the person granted the easement or right-of-way. Gates or fencing that restricts access to the subservient land may not be erected. In counties with a metropolitan form of government, the maximum permissible width for an easement or right-of-way is fifteen feet (15'). (2) If a person who already possesses a private easement or right-of-way of less than twenty-five feet (25') granted pursuant to this chapter determines that additional land is needed for the purpose of extending utility lines, including, but not limited to, electric, natural gas, water, sewage, telephone, or cable television, to the enclosed land, then the person must file a new petition requesting additional land. Upon receipt of a petition requesting additional land for the extension of utility lines, the court may, upon a showing of good cause, grant the petitioner's request and direct a jury of view to lay off and mark an additional area for utility lines; provided, that the total private easement or right-of-way does not exceed fifteen feet (15') in counties with a metropolitan form of government or twenty-five feet (25') in all other areas.
(1) A person owning any land, where ingress or egress to and from which is cut off or obstructed entirely from a public road or highway by the intervening land of another, or who has no outlet from the land to a public road in the state, by reason of the intervening land of another, is given the right to have a private easement or right-of-way not exceeding twenty-five feet (25') condemned and set aside for the benefit of the land over and across the intervening land for the purpose of ingress and egress and extending utility lines, including, but not limited to, electric, natural gas, water, sewage, telephone, or cable television to the enclosed land. Maintenance of the easement or right-of-way shall be the responsibility of the person granted the easement or right-of-way. Gates or fencing that restricts access to the subservient land may not be erected. In counties with a metropolitan form of government, the maximum permissible width for an easement or right-of-way is fifteen feet (15').
(2) If a person who already possesses a private easement or right-of-way of less than twenty-five feet (25') granted pursuant to this chapter determines that additional land is needed for the purpose of extending utility lines, including, but not limited to, electric, natural gas, water, sewage, telephone, or cable television, to the enclosed land, then the person must file a new petition requesting additional land. Upon receipt of a petition requesting additional land for the extension of utility lines, the court may, upon a showing of good cause, grant the petitioner's request and direct a jury of view to lay off and mark an additional area for utility lines; provided, that the total private easement or right-of-way does not exceed fifteen feet (15') in counties with a metropolitan form of government or twenty-five feet (25') in all other areas.
(b) The chancery and circuit courts and county courts, the latter acting by and through the county mayor, are given concurrent jurisdiction in such matters.
(c) As many different owners of lands as may be cut off or obstructed or deprived of adequate and convenient outlets may join together against any number of different owners of intervening lands as wish to have the easement or right-of-way so condemned and set aside to them over the intervening property, and the joining shall not make the proceedings multifarious.
Amended by 2022 Tenn. Acts, ch. 808, s 1, eff. 4/8/2022.
Amended by 2020 Tenn. Acts, ch. 703, s 2, eff. 6/22/2020.
Acts 1921, ch. 75, § 1; Shan. Supp., § 1634a1; Code 1932, § 2746; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), §54-1902; Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 54-5-130 — TN Code / Title 54 / Chapter 5 / Section 54-5-130
Counties required to contribute proportionally for construction of highways
Status: in_force

The commissioner has the power, within reasonable discretion, to require of any county where a road or roads are to be built to contribute its fair proportion of the funds necessary to construct the highway, but in no case more than fifty percent (50%) shall be required. Acts 1919, ch. 149, § 22; Shan. Supp., § 1720a7b23; Code 1932, § 3186; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-530; Acts 1981, ch. 264, § 12.
The commissioner has the power, within reasonable discretion, to require of any county where a road or roads are to be built to contribute its fair proportion of the funds necessary to construct the highway, but in no case more than fifty percent (50%) shall be required.
Acts 1919, ch. 149, § 22; Shan. Supp., § 1720a7b23; Code 1932, § 3186; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-530; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-5-203 — TN Code / Title 54 / Chapter 5 / Section 54-5-203
Maintenance by municipality - Reimbursement
Status: in_force

Where a municipality is organized for the care of its own streets, the construction, reconstruction, improvement and maintenance may be done by the municipality, which shall be reimbursed by the state; provided, that all expenditures shall be subject to the approval of the department. Acts 1929, ch. 42, § 3; Code 1932, § 3244; Acts 1947, ch. 123, § 3; C. Supp. 1950, § 3244; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-533; Acts 1981, ch. 264, § 12.
Where a municipality is organized for the care of its own streets, the construction, reconstruction, improvement and maintenance may be done by the municipality, which shall be reimbursed by the state; provided, that all expenditures shall be subject to the approval of the department.
Acts 1929, ch. 42, § 3; Code 1932, § 3244; Acts 1947, ch. 123, § 3; C. Supp. 1950, § 3244; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-533; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-5-104 — TN Code / Title 54 / Chapter 5 / Section 54-5-104
Eminent domain
Status: in_force

(a) The department is authorized to condemn the fee to, or an easement in, lands that may be necessary, suitable, or desirable for the construction, reconstruction, development, enlargement, maintenance, repair, drainage, or protection of any street, road, highway, freeway, or parkway, by the officials charged by law with the maintenance or construction of the street, road, highway, freeway, or parkway, including the power to acquire easements in lands adjacent to the lands for related slopes and drainage and any other similar purposes. (b) This section applies to all transportation purposes, as well as for highway purposes. Acts 1917, ch. 74, § 5; Shan., § 1720a29b17 (p. 6549); Shan. Supp., § 1720a7b48; mod. Code 1932, § 3206; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; Acts 1973, ch. 49, § 1; T.C.A. (orig. ed.), § 54-504; Acts 1981, ch. 264, § 12.
(a) The department is authorized to condemn the fee to, or an easement in, lands that may be necessary, suitable, or desirable for the construction, reconstruction, development, enlargement, maintenance, repair, drainage, or protection of any street, road, highway, freeway, or parkway, by the officials charged by law with the maintenance or construction of the street, road, highway, freeway, or parkway, including the power to acquire easements in lands adjacent to the lands for related slopes and drainage and any other similar purposes.
(b) This section applies to all transportation purposes, as well as for highway purposes.
Acts 1917, ch. 74, § 5; Shan., § 1720a29b17 (p. 6549); Shan. Supp., § 1720a7b48; mod. Code 1932, § 3206; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; Acts 1973, ch. 49, § 1; T.C.A. (orig. ed.), § 54-504; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-9-201 — TN Code / Title 54 / Chapter 9 / Section 54-9-201
Bonds issued - State aid pledged
Status: in_force

Any county may authorize the issuance of bonds pursuant to title 9, chapter 21, for the construction of county highways, roads and bridges and may irrevocably pledge, during each fiscal year, moneys received by way of state aid grants for rural roads, an amount not exceeding fifty percent (50%) of state aid funds derived from the distribution of the gasoline tax for rural roads, to the retirement of principal of and interest on the bonds, but in computing the amount of state grants, state funds used in matching federal funds shall be excluded. Acts 1959, ch. 320, § 1; 1961, ch. 282, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 54-844; Acts 1980, ch. 601, § 16; 1983, ch. 320, § 6; 1988, ch. 750, § 55.
Any county may authorize the issuance of bonds pursuant to title 9, chapter 21, for the construction of county highways, roads and bridges and may irrevocably pledge, during each fiscal year, moneys received by way of state aid grants for rural roads, an amount not exceeding fifty percent (50%) of state aid funds derived from the distribution of the gasoline tax for rural roads, to the retirement of principal of and interest on the bonds, but in computing the amount of state grants, state funds used in matching federal funds shall be excluded.
Acts 1959, ch. 320, § 1; 1961, ch. 282, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 54-844; Acts 1980, ch. 601, § 16; 1983, ch. 320, § 6; 1988, ch. 750, § 55.
Tenn. Code Ann. § 54-17-206 — TN Code / Title 54 / Chapter 17 / Section 54-17-206
Advertising structures, junkyards, and trash dumping
Status: in_force

(a) The provisions of the Scenic Highway System Act of 1971, compiled in part 1 of this chapter, regarding signs, outdoor advertising devices, junkyards, and trash dumping applies to the Tennessee parkway system. If a conflict exists between this part and part 1 of this chapter regarding signs, outdoor advertising devices, junkyards, and trash dumping, due to a road having been designated as being on both the scenic highway system pursuant to part 1 of this chapter and the parkway system pursuant to this part, then part 1 of this chapter shall prevail. It is the intent of the general assembly that nothing contained in this subsection (a) shall be construed as having any retroactive force or taking away any vested right or be applied to any contractual obligation. (b) Subsection (a) shall not apply to those parts of the system lying within any comprehensively zoned area, unless otherwise provided by the zoning regulations and within one-half (½) mile of any section of the parkway system where it crosses an interstate highway system. (c) The following signs are excepted from this part: (1) Official signs and notices, including directional and warning signs, authorized or required by law; (2) Utility signs; and (3) Signs other than outdoor advertising devices, as defined in § 54-21-102 , if such signs: (A) (i) Have a sign face that does not exceed five hundred square feet (500 sq. ft.) in total area if the sign is an on-premises device; or (ii) Have a sign face that does not exceed twenty square feet (20 sq. ft.) in total area if the sign is not an on-premises device; (B) Do not contain any flashing, intermittent, or moving lights; and (C) Are located at least one thousand feet (1,000') apart along the highway frontage if the signs are on-premises devices larger than twenty square feet (20 sq. ft.) and more than one (1) such sign is located on the same property. Amended by 2020 Tenn. Acts, ch. 706, s 6, eff. 6/22/2020. Acts 1982, ch. 865, § 7; 1984, ch. 613, §§ 1, 2, 4; 1990, ch. 873, § 1; 1991, ch. 233, § 1.
(a) The provisions of the Scenic Highway System Act of 1971, compiled in part 1 of this chapter, regarding signs, outdoor advertising devices, junkyards, and trash dumping applies to the Tennessee parkway system. If a conflict exists between this part and part 1 of this chapter regarding signs, outdoor advertising devices, junkyards, and trash dumping, due to a road having been designated as being on both the scenic highway system pursuant to part 1 of this chapter and the parkway system pursuant to this part, then part 1 of this chapter shall prevail. It is the intent of the general assembly that nothing contained in this subsection (a) shall be construed as having any retroactive force or taking away any vested right or be applied to any contractual obligation.
(b) Subsection (a) shall not apply to those parts of the system lying within any comprehensively zoned area, unless otherwise provided by the zoning regulations and within one-half (½) mile of any section of the parkway system where it crosses an interstate highway system.
(c) The following signs are excepted from this part: (1) Official signs and notices, including directional and warning signs, authorized or required by law; (2) Utility signs; and (3) Signs other than outdoor advertising devices, as defined in § 54-21-102 , if such signs: (A) (i) Have a sign face that does not exceed five hundred square feet (500 sq. ft.) in total area if the sign is an on-premises device; or (ii) Have a sign face that does not exceed twenty square feet (20 sq. ft.) in total area if the sign is not an on-premises device; (B) Do not contain any flashing, intermittent, or moving lights; and (C) Are located at least one thousand feet (1,000') apart along the highway frontage if the signs are on-premises devices larger than twenty square feet (20 sq. ft.) and more than one (1) such sign is located on the same property.
(1) Official signs and notices, including directional and warning signs, authorized or required by law;
(2) Utility signs; and
(3) Signs other than outdoor advertising devices, as defined in § 54-21-102 , if such signs: (A) (i) Have a sign face that does not exceed five hundred square feet (500 sq. ft.) in total area if the sign is an on-premises device; or (ii) Have a sign face that does not exceed twenty square feet (20 sq. ft.) in total area if the sign is not an on-premises device; (B) Do not contain any flashing, intermittent, or moving lights; and (C) Are located at least one thousand feet (1,000') apart along the highway frontage if the signs are on-premises devices larger than twenty square feet (20 sq. ft.) and more than one (1) such sign is located on the same property.
(A) (i) Have a sign face that does not exceed five hundred square feet (500 sq. ft.) in total area if the sign is an on-premises device; or (ii) Have a sign face that does not exceed twenty square feet (20 sq. ft.) in total area if the sign is not an on-premises device;
(i) Have a sign face that does not exceed five hundred square feet (500 sq. ft.) in total area if the sign is an on-premises device; or
(ii) Have a sign face that does not exceed twenty square feet (20 sq. ft.) in total area if the sign is not an on-premises device;
(B) Do not contain any flashing, intermittent, or moving lights; and
(C) Are located at least one thousand feet (1,000') apart along the highway frontage if the signs are on-premises devices larger than twenty square feet (20 sq. ft.) and more than one (1) such sign is located on the same property.
Amended by 2020 Tenn. Acts, ch. 706, s 6, eff. 6/22/2020.
Acts 1982, ch. 865, § 7; 1984, ch. 613, §§ 1, 2, 4; 1990, ch. 873, § 1; 1991, ch. 233, § 1.
Tenn. Code Ann. § 54-5-1003 — TN Code / Title 54 / Chapter 5 / Section 54-5-1003
Driving Under the Influence (DUI)
Status: in_force

(a) As used in this section: (1) "Conventional state highway" means a highway on the state highway system that is characterized by at-grade intersections and a lack of control of access; (2) "Immediate family member" means a spouse, child, parent, or sibling of the deceased victim, whether by marriage, blood, or adoption; and (3) "Resident" has the same meaning as defined in § 55-50-102 . (b) The department of transportation shall establish a Driving Under the Influence (DUI) memorial signing program for the erection and maintenance of memorial signs within the rights-of-way of conventional state highways commemorating persons who have died as a result of a vehicular accident caused by a driver under the influence of alcohol, a controlled substance, or other intoxicant. (c) The purposes of the program are to combat driving under the influence, increase public awareness of highway safety, and recognize the needs of grieving families who have lost a relative in an accident caused by a driver under the influence of an intoxicant. (d) A memorial sign shall only be erected to memorialize a victim of a vehicular accident in which the driver of one (1) of the vehicles was driving under the influence of an intoxicant in violation of § 55-10-401 , § 39-13-106 , § 39-13-213(a)(2) , or § 39-13-218 , and the driver's driving under the influence of an intoxicant was a cause in fact and proximate cause of both the accident and the victim's death resulting from the accident; provided, further, that a memorial sign shall only be erected for a victim who, at the time of the accident, was a resident of this state. (e) Within one (1) year from the date of conviction or death of the driver who was driving in violation of § 55-10-401 , § 39-13-106 , § 39-13-213(a)(2) , or § 39-13-218 , an immediate family member of a deceased victim may request that a memorial sign be displayed at or near the location of the accident by making an application to the department on a form prescribed by the department, which shall contain the following information: (1) Name of each victim for whom the sign is requested; (2) Location of the accident; (3) Date of the accident; (4) Name and contact information of the applicant; and (5) Name of the driver convicted for a violation of, or name of the driver proven to be under the influence of an intoxicant in violation of, § 55-10-401 , § 39-13-106 , § 39-13-213(a)(2) , or § 39-13-218 . (f) The application shall be accompanied by a copy of the accident report required to be submitted to the department of safety by the investigating law enforcement officer pursuant to § 55-10-108(b) and a copy of the report of the conviction of the driver for a violation of § 55-10-401 , § 39-13-106 , § 39-13-213(a)(2) , or § 39-13-218 , required to be submitted to the department of safety by the court of record pursuant to § 55-10-306 ; except, that if the driver who was driving under the influence of an intoxicant in violation of § 55-10-401 , § 39-13-106 , § 39-13-213(a)(2) , or § 39-13-218 died as a result of the accident, then in lieu of a report of the conviction, the application shall be accompanied by a copy of the toxicology report or autopsy report that demonstrates that the driver was intoxicated over the legal limit set in the offenses listed in this subsection (f). The applicant may provide to the department additional documentation relating to the accident or the driver's conviction if necessary to establish that the driver was under the influence. (g) No memorial sign shall be erected for a victim who, at the time of the accident, was driving under the influence of an intoxicant in violation of § 55-10-401 , § 39-13-106 , § 39-13-213(a)(2) , or § 39-13-218 ; engaging in reckless driving in violation of § 55-10-205 ; or committing a felony or other criminal offense other than a traffic violation under title 55, chapter 8. (h) (1) The erection of the memorial signs shall be within the guidelines prescribed by the Manual on Uniform Traffic Control Devices and within the state supplemental guidelines, as applicable. (2) A memorial sign erected pursuant to this section shall be of an appropriate size, color, and shape as determined by the department; provided, that the sign shall consist of a panel with the language "Impaired Driving Costs Innocent Lives". (3) An additional memorial plaque shall be mounted below the panel required by subdivision (h)(2). The plaque shall consist of the language "In Memory Of" followed by the name of the victim; provided, that the immediate family member may request the name of the victim remain anonymous. (i) A memorial plaque may memorialize more than one (1) victim who died as a result of the same accident. If one (1) or more additional deaths subsequently occur in close proximity to an existing memorial sign, the department may use the same memorial plaque to memorialize the subsequent death or deaths, by adding the names of the additional persons. (j) One (1) memorial sign shall be placed at the location of the accident; except, that the sign may be placed near or adjacent to the location of the accident or at an alternate location due to any restrictions, including available space, property owner complaints, interference with traffic control devices, or safety concerns. The sign shall be erected on the right-hand side of the right-of-way in the direction of travel of the victim's vehicle at the time of the accident. (k) A memorial sign or plaque that is damaged shall be removed, replaced, or modified by the department. The department may remove, relocate, or dismantle any memorial sign, without notice, upon the determination by the department that the removal, relocation, or dismantling is necessary for construction, maintenance, safety, or other highway-related purpose. (l) An immediate family member requesting a memorial sign under this section shall not place or encourage the placement of decorations, flowers, flags, or other memorial ornaments or tributes at or near the location of the accident. (m) The cost of the signage shall be funded in accordance with § 54-1-133(b) . (n) The department is authorized to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this section. Amended by 2017 Tenn. Acts, ch. 157,Secs.s2, s3, s4 eff. 4/24/2017. Added by 2016 Tenn. Acts, ch. 1039,s 2, eff. 7/1/2016.
(a) As used in this section: (1) "Conventional state highway" means a highway on the state highway system that is characterized by at-grade intersections and a lack of control of access; (2) "Immediate family member" means a spouse, child, parent, or sibling of the deceased victim, whether by marriage, blood, or adoption; and (3) "Resident" has the same meaning as defined in § 55-50-102 .
(1) "Conventional state highway" means a highway on the state highway system that is characterized by at-grade intersections and a lack of control of access;
(2) "Immediate family member" means a spouse, child, parent, or sibling of the deceased victim, whether by marriage, blood, or adoption; and
(3) "Resident" has the same meaning as defined in § 55-50-102 .
(b) The department of transportation shall establish a Driving Under the Influence (DUI) memorial signing program for the erection and maintenance of memorial signs within the rights-of-way of conventional state highways commemorating persons who have died as a result of a vehicular accident caused by a driver under the influence of alcohol, a controlled substance, or other intoxicant.
(c) The purposes of the program are to combat driving under the influence, increase public awareness of highway safety, and recognize the needs of grieving families who have lost a relative in an accident caused by a driver under the influence of an intoxicant.
(d) A memorial sign shall only be erected to memorialize a victim of a vehicular accident in which the driver of one (1) of the vehicles was driving under the influence of an intoxicant in violation of § 55-10-401 , § 39-13-106 , § 39-13-213(a)(2) , or § 39-13-218 , and the driver's driving under the influence of an intoxicant was a cause in fact and proximate cause of both the accident and the victim's death resulting from the accident; provided, further, that a memorial sign shall only be erected for a victim who, at the time of the accident, was a resident of this state.
(e) Within one (1) year from the date of conviction or death of the driver who was driving in violation of § 55-10-401 , § 39-13-106 , § 39-13-213(a)(2) , or § 39-13-218 , an immediate family member of a deceased victim may request that a memorial sign be displayed at or near the location of the accident by making an application to the department on a form prescribed by the department, which shall contain the following information: (1) Name of each victim for whom the sign is requested; (2) Location of the accident; (3) Date of the accident; (4) Name and contact information of the applicant; and (5) Name of the driver convicted for a violation of, or name of the driver proven to be under the influence of an intoxicant in violation of, § 55-10-401 , § 39-13-106 , § 39-13-213(a)(2) , or § 39-13-218 .
(1) Name of each victim for whom the sign is requested;
(2) Location of the accident;
(3) Date of the accident;
(4) Name and contact information of the applicant; and
(5) Name of the driver convicted for a violation of, or name of the driver proven to be under the influence of an intoxicant in violation of, § 55-10-401 , § 39-13-106 , § 39-13-213(a)(2) , or § 39-13-218 .
(f) The application shall be accompanied by a copy of the accident report required to be submitted to the department of safety by the investigating law enforcement officer pursuant to § 55-10-108(b) and a copy of the report of the conviction of the driver for a violation of § 55-10-401 , § 39-13-106 , § 39-13-213(a)(2) , or § 39-13-218 , required to be submitted to the department of safety by the court of record pursuant to § 55-10-306 ; except, that if the driver who was driving under the influence of an intoxicant in violation of § 55-10-401 , § 39-13-106 , § 39-13-213(a)(2) , or § 39-13-218 died as a result of the accident, then in lieu of a report of the conviction, the application shall be accompanied by a copy of the toxicology report or autopsy report that demonstrates that the driver was intoxicated over the legal limit set in the offenses listed in this subsection (f). The applicant may provide to the department additional documentation relating to the accident or the driver's conviction if necessary to establish that the driver was under the influence.
(g) No memorial sign shall be erected for a victim who, at the time of the accident, was driving under the influence of an intoxicant in violation of § 55-10-401 , § 39-13-106 , § 39-13-213(a)(2) , or § 39-13-218 ; engaging in reckless driving in violation of § 55-10-205 ; or committing a felony or other criminal offense other than a traffic violation under title 55, chapter 8.
(h) (1) The erection of the memorial signs shall be within the guidelines prescribed by the Manual on Uniform Traffic Control Devices and within the state supplemental guidelines, as applicable. (2) A memorial sign erected pursuant to this section shall be of an appropriate size, color, and shape as determined by the department; provided, that the sign shall consist of a panel with the language "Impaired Driving Costs Innocent Lives". (3) An additional memorial plaque shall be mounted below the panel required by subdivision (h)(2). The plaque shall consist of the language "In Memory Of" followed by the name of the victim; provided, that the immediate family member may request the name of the victim remain anonymous.
(1) The erection of the memorial signs shall be within the guidelines prescribed by the Manual on Uniform Traffic Control Devices and within the state supplemental guidelines, as applicable.
(2) A memorial sign erected pursuant to this section shall be of an appropriate size, color, and shape as determined by the department; provided, that the sign shall consist of a panel with the language "Impaired Driving Costs Innocent Lives".
(3) An additional memorial plaque shall be mounted below the panel required by subdivision (h)(2). The plaque shall consist of the language "In Memory Of" followed by the name of the victim; provided, that the immediate family member may request the name of the victim remain anonymous.
(i) A memorial plaque may memorialize more than one (1) victim who died as a result of the same accident. If one (1) or more additional deaths subsequently occur in close proximity to an existing memorial sign, the department may use the same memorial plaque to memorialize the subsequent death or deaths, by adding the names of the additional persons.
(j) One (1) memorial sign shall be placed at the location of the accident; except, that the sign may be placed near or adjacent to the location of the accident or at an alternate location due to any restrictions, including available space, property owner complaints, interference with traffic control devices, or safety concerns. The sign shall be erected on the right-hand side of the right-of-way in the direction of travel of the victim's vehicle at the time of the accident.
(k) A memorial sign or plaque that is damaged shall be removed, replaced, or modified by the department. The department may remove, relocate, or dismantle any memorial sign, without notice, upon the determination by the department that the removal, relocation, or dismantling is necessary for construction, maintenance, safety, or other highway-related purpose.
(l) An immediate family member requesting a memorial sign under this section shall not place or encourage the placement of decorations, flowers, flags, or other memorial ornaments or tributes at or near the location of the accident.
(m) The cost of the signage shall be funded in accordance with § 54-1-133(b) .
(n) The department is authorized to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this section.
Amended by 2017 Tenn. Acts, ch. 157,Secs.s2, s3, s4 eff. 4/24/2017.
Added by 2016 Tenn. Acts, ch. 1039,s 2, eff. 7/1/2016.
Tenn. Code Ann. § 54-12-411 — TN Code / Title 54 / Chapter 12 / Section 54-12-411
Assessments become liens upon land
Status: in_force

The assessments provided for by this chapter, when made and levied, shall be and become valid liens upon lands. Acts 1919, ch. 193, § 93; Shan. Supp., § 1682a1061/2; Code 1932, § 2921; T.C.A. (orig. ed.), § 54-1611.
The assessments provided for by this chapter, when made and levied, shall be and become valid liens upon lands.
Acts 1919, ch. 193, § 93; Shan. Supp., § 1682a1061/2; Code 1932, § 2921; T.C.A. (orig. ed.), § 54-1611.
Tenn. Code Ann. § 54-9-101 — TN Code / Title 54 / Chapter 9 / Section 54-9-101
Authority to issue bonds
Status: in_force

Each county is authorized to issue its bonds for highway purposes pursuant to title 9, chapter 21. Acts 1913 (1st E.S.), ch. 26, § 1; Shan., § 1695a1; Acts 1919, ch. 175, § 1; Code 1932, § 2962; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36; T.C.A. (orig. ed.), § 54-801; Acts 1980, ch. 601, § 15; 1988, ch. 750, § 52.
Each county is authorized to issue its bonds for highway purposes pursuant to title 9, chapter 21.
Acts 1913 (1st E.S.), ch. 26, § 1; Shan., § 1695a1; Acts 1919, ch. 175, § 1; Code 1932, § 2962; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36; T.C.A. (orig. ed.), § 54-801; Acts 1980, ch. 601, § 15; 1988, ch. 750, § 52.
Tenn. Code Ann. § 54-18-212 — TN Code / Title 54 / Chapter 18 / Section 54-18-212
Board of adjustment
Status: in_force

(a) Applications for permits to build within mapped highways or on highways proposed for abandonment shall be made to a board of adjustment to be appointed by the legislative body. The application shall contain adequate information concerning the location and nature of the building or improvement to be constructed. (b) The board of adjustment, except as provided in this section, shall be composed of five (5) members who shall be residents of the county or municipality and who shall hold no other public office, either elective or appointive. Members shall be appointed by the chief executive, with the approval of the legislative body, for five-year terms of office. Members shall serve without compensation. The legislative body may remove any member for cause upon written charges and after public hearing. Vacancies shall be filled for unexpired terms in the same manner as in the case of the original appointments. (c) The board shall adopt appropriate rules of organization and procedure, which shall include provisions dealing with the selection of officers and employees deemed necessary, the holding of regular meetings and the keeping of a public record. (d) The board may incur expenses for the performance of its duties within the budget appropriated by the legislative body for those purposes, and an application fee to be determined by the legislative body shall be charged and shall accompany each application when submitted. (e) In lieu of establishing a board of adjustment, the legislative body may designate an existing board of zoning appeals as a board of adjustment. Acts 1965, ch. 251, § 10; T.C.A., §§ 54-2212, 54-19-112.
(a) Applications for permits to build within mapped highways or on highways proposed for abandonment shall be made to a board of adjustment to be appointed by the legislative body. The application shall contain adequate information concerning the location and nature of the building or improvement to be constructed.
(b) The board of adjustment, except as provided in this section, shall be composed of five (5) members who shall be residents of the county or municipality and who shall hold no other public office, either elective or appointive. Members shall be appointed by the chief executive, with the approval of the legislative body, for five-year terms of office. Members shall serve without compensation. The legislative body may remove any member for cause upon written charges and after public hearing. Vacancies shall be filled for unexpired terms in the same manner as in the case of the original appointments.
(c) The board shall adopt appropriate rules of organization and procedure, which shall include provisions dealing with the selection of officers and employees deemed necessary, the holding of regular meetings and the keeping of a public record.
(d) The board may incur expenses for the performance of its duties within the budget appropriated by the legislative body for those purposes, and an application fee to be determined by the legislative body shall be charged and shall accompany each application when submitted.
(e) In lieu of establishing a board of adjustment, the legislative body may designate an existing board of zoning appeals as a board of adjustment.
Acts 1965, ch. 251, § 10; T.C.A., §§ 54-2212, 54-19-112.
Tenn. Code Ann. § 54-7-113 — TN Code / Title 54 / Chapter 7 / Section 54-7-113
Receipt and disbursement of funds - Public advertisement and competitive bidding - Chart of accounts
Status: in_force

(a) All funds received by any person for the county for road or highway purposes shall be promptly deposited with the county trustee and shall be expended only upon a disbursement warrant drawn on the trustee in accordance with law. (b) Expenditures of funds for the operation of the county road department shall be made within the limits of the approved budget and the appropriations made for the department, in accordance with law. (c) (1) Except as provided in subdivision (c)(3), all purchases by or for a county road department or by a chief administrative officer shall be by public advertisement and competitive bid, except as follows: (A) Purchases costing less than twenty-five thousand dollars ($25,000); provided, that this exemption shall not apply to purchases of like items that individually cost less than twenty-five thousand dollars ($25,000), but that are customarily purchased in lots of two (2) or more, if the total purchase price of the items would exceed twenty-five thousand dollars ($25,000) during any fiscal year; (B) Repair of heavy road building machinery or other heavy machinery for which limited repair facilities are available; (C) Purchases of any supplies, materials, or equipment for immediate delivery in actual emergencies arising from unforeseen causes, including delays by contractors, delays in transportation, and unanticipated volume of work; but emergencies shall not include conditions arising from neglect or indifference in anticipating normal needs. A report of emergency purchases shall be kept, specifying each purchase, the amount paid, the items purchased, from whom the items were purchased, and the nature of the emergency; and (D) All purchases costing less than twenty-five thousand dollars ($25,000) by or for a county road department or by a chief administrative officer may be made in the open market without newspaper notice, but shall, wherever possible, be based on at least three (3) competitive bids. (2) Except as provided in subdivision (c)(3), all leases or lease-purchase arrangements requiring payments of twenty-five thousand dollars ($25,000) or more, or that are made or are automatically extendable, for periods of more than ninety (90) days, shall be entered into only after public advertisement and competitive bidding. (3) This subsection (c) does not have the effect of repealing existing statutes, including private acts, that establish purchasing provisions for a county road department; but no county road department shall be required to publicly advertise and competitively bid purchases of twenty-five thousand dollars ($25,000) or less even if the bids are now required by public or private act. (d) A chart of accounts shall be kept by the chief administrative officer in conformity with a uniform chart of accounts developed and prescribed by the comptroller of the treasury in accordance with §§ 5-8-501 - 5-8-503. Amended by 2022 Tenn. Acts, ch. 1036, s 1, eff. 5/11/2022. Acts 1974, ch. 738, § 12; T.C.A., § 54-1013; Acts 1980, ch. 473, § 2; 1980, ch. 726, § 1; 1983, ch. 295, § 1; 1995, ch. 179, §§ 6-8; 2005, ch. 114, § 1; 2012 , ch. 689, § 7.
(a) All funds received by any person for the county for road or highway purposes shall be promptly deposited with the county trustee and shall be expended only upon a disbursement warrant drawn on the trustee in accordance with law.
(b) Expenditures of funds for the operation of the county road department shall be made within the limits of the approved budget and the appropriations made for the department, in accordance with law.
(c) (1) Except as provided in subdivision (c)(3), all purchases by or for a county road department or by a chief administrative officer shall be by public advertisement and competitive bid, except as follows: (A) Purchases costing less than twenty-five thousand dollars ($25,000); provided, that this exemption shall not apply to purchases of like items that individually cost less than twenty-five thousand dollars ($25,000), but that are customarily purchased in lots of two (2) or more, if the total purchase price of the items would exceed twenty-five thousand dollars ($25,000) during any fiscal year; (B) Repair of heavy road building machinery or other heavy machinery for which limited repair facilities are available; (C) Purchases of any supplies, materials, or equipment for immediate delivery in actual emergencies arising from unforeseen causes, including delays by contractors, delays in transportation, and unanticipated volume of work; but emergencies shall not include conditions arising from neglect or indifference in anticipating normal needs. A report of emergency purchases shall be kept, specifying each purchase, the amount paid, the items purchased, from whom the items were purchased, and the nature of the emergency; and (D) All purchases costing less than twenty-five thousand dollars ($25,000) by or for a county road department or by a chief administrative officer may be made in the open market without newspaper notice, but shall, wherever possible, be based on at least three (3) competitive bids. (2) Except as provided in subdivision (c)(3), all leases or lease-purchase arrangements requiring payments of twenty-five thousand dollars ($25,000) or more, or that are made or are automatically extendable, for periods of more than ninety (90) days, shall be entered into only after public advertisement and competitive bidding. (3) This subsection (c) does not have the effect of repealing existing statutes, including private acts, that establish purchasing provisions for a county road department; but no county road department shall be required to publicly advertise and competitively bid purchases of twenty-five thousand dollars ($25,000) or less even if the bids are now required by public or private act.
(1) Except as provided in subdivision (c)(3), all purchases by or for a county road department or by a chief administrative officer shall be by public advertisement and competitive bid, except as follows: (A) Purchases costing less than twenty-five thousand dollars ($25,000); provided, that this exemption shall not apply to purchases of like items that individually cost less than twenty-five thousand dollars ($25,000), but that are customarily purchased in lots of two (2) or more, if the total purchase price of the items would exceed twenty-five thousand dollars ($25,000) during any fiscal year; (B) Repair of heavy road building machinery or other heavy machinery for which limited repair facilities are available; (C) Purchases of any supplies, materials, or equipment for immediate delivery in actual emergencies arising from unforeseen causes, including delays by contractors, delays in transportation, and unanticipated volume of work; but emergencies shall not include conditions arising from neglect or indifference in anticipating normal needs. A report of emergency purchases shall be kept, specifying each purchase, the amount paid, the items purchased, from whom the items were purchased, and the nature of the emergency; and (D) All purchases costing less than twenty-five thousand dollars ($25,000) by or for a county road department or by a chief administrative officer may be made in the open market without newspaper notice, but shall, wherever possible, be based on at least three (3) competitive bids.
(A) Purchases costing less than twenty-five thousand dollars ($25,000); provided, that this exemption shall not apply to purchases of like items that individually cost less than twenty-five thousand dollars ($25,000), but that are customarily purchased in lots of two (2) or more, if the total purchase price of the items would exceed twenty-five thousand dollars ($25,000) during any fiscal year;
(B) Repair of heavy road building machinery or other heavy machinery for which limited repair facilities are available;
(C) Purchases of any supplies, materials, or equipment for immediate delivery in actual emergencies arising from unforeseen causes, including delays by contractors, delays in transportation, and unanticipated volume of work; but emergencies shall not include conditions arising from neglect or indifference in anticipating normal needs. A report of emergency purchases shall be kept, specifying each purchase, the amount paid, the items purchased, from whom the items were purchased, and the nature of the emergency; and
(D) All purchases costing less than twenty-five thousand dollars ($25,000) by or for a county road department or by a chief administrative officer may be made in the open market without newspaper notice, but shall, wherever possible, be based on at least three (3) competitive bids.
(2) Except as provided in subdivision (c)(3), all leases or lease-purchase arrangements requiring payments of twenty-five thousand dollars ($25,000) or more, or that are made or are automatically extendable, for periods of more than ninety (90) days, shall be entered into only after public advertisement and competitive bidding.
(3) This subsection (c) does not have the effect of repealing existing statutes, including private acts, that establish purchasing provisions for a county road department; but no county road department shall be required to publicly advertise and competitively bid purchases of twenty-five thousand dollars ($25,000) or less even if the bids are now required by public or private act.
(d) A chart of accounts shall be kept by the chief administrative officer in conformity with a uniform chart of accounts developed and prescribed by the comptroller of the treasury in accordance with §§ 5-8-501 - 5-8-503.
Amended by 2022 Tenn. Acts, ch. 1036, s 1, eff. 5/11/2022.
Acts 1974, ch. 738, § 12; T.C.A., § 54-1013; Acts 1980, ch. 473, § 2; 1980, ch. 726, § 1; 1983, ch. 295, § 1; 1995, ch. 179, §§ 6-8; 2005, ch. 114, § 1; 2012 , ch. 689, § 7.
Tenn. Code Ann. § 54-12-402 — TN Code / Title 54 / Chapter 12 / Section 54-12-402
Amount fixed for annual levy - County bonds issued - Cost exceeding estimate, new apportionment of assessment and levy and other bonds
Status: in_force

(a) If the county legislative body determines that the estimated cost of drainage of the district or road improvement district is greater than should be levied in a single year upon the lands benefited, the county legislative body may fix the amount that should be levied and collected each year, and may issue road improvement bonds of the county pursuant to title 9, chapter 21, and may devote the bonds at par, with accrued interest, to the payment of the expenses and work as it progresses or may sell the bonds at not less than par, with accrued interest, and devote the proceeds to the payment. If in the sale of the bonds a premium is received, the premium shall be credited to the improvement fund. (b) Should the cost of the work exceed the estimate, a new apportionment of the assessment may be made and levied and other bonds issued and sold in like manner, but in no case shall the bonds run longer than twenty (20) years. Acts 1919, ch. 193, § 84; Shan. Supp., § 1682a98; Code 1932, § 2912; modified; T.C.A. (orig. ed.), § 54-1602; Acts 1980, ch. 601, § 19; 1988, ch. 750, § 61.
(a) If the county legislative body determines that the estimated cost of drainage of the district or road improvement district is greater than should be levied in a single year upon the lands benefited, the county legislative body may fix the amount that should be levied and collected each year, and may issue road improvement bonds of the county pursuant to title 9, chapter 21, and may devote the bonds at par, with accrued interest, to the payment of the expenses and work as it progresses or may sell the bonds at not less than par, with accrued interest, and devote the proceeds to the payment. If in the sale of the bonds a premium is received, the premium shall be credited to the improvement fund.
(b) Should the cost of the work exceed the estimate, a new apportionment of the assessment may be made and levied and other bonds issued and sold in like manner, but in no case shall the bonds run longer than twenty (20) years.
Acts 1919, ch. 193, § 84; Shan. Supp., § 1682a98; Code 1932, § 2912; modified; T.C.A. (orig. ed.), § 54-1602; Acts 1980, ch. 601, § 19; 1988, ch. 750, § 61.
Tenn. Code Ann. § 54-14-110 — TN Code / Title 54 / Chapter 14 / Section 54-14-110
Report of jury - Contents
Status: in_force

The report of the jury shall be made in writing and signed by a majority of the jurors, setting out the amount of damages to each defendant and the locality and extent of the easement granted, and delivered to and returned by the sheriff into the court. Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a8; Code 1932, § 2754; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1910.
The report of the jury shall be made in writing and signed by a majority of the jurors, setting out the amount of damages to each defendant and the locality and extent of the easement granted, and delivered to and returned by the sheriff into the court.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a8; Code 1932, § 2754; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1910.
Tenn. Code Ann. § 54-2-103 — TN Code / Title 54 / Chapter 2 / Section 54-2-103
Department of transportation funds to be kept separate - Manner of drawing out
Status: in_force

Notwithstanding any law to the contrary, the department of transportation state highway fund shall be kept separate and apart from all other funds; and, except as authorized by § 47-18-1311 , no part shall be transferred or otherwise diverted to any other department or agency of state government and shall only be drawn out of the state treasury as provided in §§ 54-2-104 and 54-2-105 . Acts 1917, ch. 74, § 1; Shan., § 1720a29b1; Acts 1919, ch. 188, § 1; 1923, ch. 62, § 1; Shan. Supp., § 1720a7b39; Code 1932, § 3196; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-203; Acts 1981, ch. 264, § 12; 2009 , ch. 197, § 3.
Notwithstanding any law to the contrary, the department of transportation state highway fund shall be kept separate and apart from all other funds; and, except as authorized by § 47-18-1311 , no part shall be transferred or otherwise diverted to any other department or agency of state government and shall only be drawn out of the state treasury as provided in §§ 54-2-104 and 54-2-105 .
Acts 1917, ch. 74, § 1; Shan., § 1720a29b1; Acts 1919, ch. 188, § 1; 1923, ch. 62, § 1; Shan. Supp., § 1720a7b39; Code 1932, § 3196; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-203; Acts 1981, ch. 264, § 12; 2009 , ch. 197, § 3.
Tenn. Code Ann. § 54-5-856 — TN Code / Title 54 / Chapter 5 / Section 54-5-856
Liaison between owner and contractor
Status: in_force

The department's resident engineer shall act as liaison between the owner and the department's contractor on any project to which §§ 54-5-851 - 54-5-855 and this section are applicable. Acts 1988, ch. 517, § 6.
The department's resident engineer shall act as liaison between the owner and the department's contractor on any project to which §§ 54-5-851 - 54-5-855 and this section are applicable.
Acts 1988, ch. 517, § 6.
Tenn. Code Ann. § 54-17-205 — TN Code / Title 54 / Chapter 17 / Section 54-17-205
Existing outdoor advertising structures
Status: in_force

(a) Whenever a road or highway has been designated part of the Tennessee parkway system, it is unlawful for any person to construct, use, operate, or maintain any sign, except as provided in subsection (c) or § 54-17-206 , or junkyard within two thousand feet (2,000') of any road or highway that is a designated part of the system and that is located either outside the corporate limits of any city or town or at any place within a tourist resort county, as defined in § 42-1-301 . (b) The commissioner is authorized to acquire an outdoor advertising device or junkyard by purchase, gift, or condemnation, and to pay just compensation for the removal of these structures and junkyards. (c) Any outdoor advertising device lawfully in existence prior to the designation of the parkway may be maintained, repaired, or reconstructed according to the original application for the outdoor advertising permit. Amended by 2020 Tenn. Acts, ch. 706, s 5, eff. 6/22/2020. Acts 1982, ch. 865, § 6.
(a) Whenever a road or highway has been designated part of the Tennessee parkway system, it is unlawful for any person to construct, use, operate, or maintain any sign, except as provided in subsection (c) or § 54-17-206 , or junkyard within two thousand feet (2,000') of any road or highway that is a designated part of the system and that is located either outside the corporate limits of any city or town or at any place within a tourist resort county, as defined in § 42-1-301 .
(b) The commissioner is authorized to acquire an outdoor advertising device or junkyard by purchase, gift, or condemnation, and to pay just compensation for the removal of these structures and junkyards.
(c) Any outdoor advertising device lawfully in existence prior to the designation of the parkway may be maintained, repaired, or reconstructed according to the original application for the outdoor advertising permit.
Amended by 2020 Tenn. Acts, ch. 706, s 5, eff. 6/22/2020.
Acts 1982, ch. 865, § 6.
Tenn. Code Ann. § 54-5-116 — TN Code / Title 54 / Chapter 5 / Section 54-5-116
Opening bids and awarding contracts
Status: in_force

Sealed bids shall be opened in the presence of the bidders and public generally by the commissioner, or an authorized agent of the department, and the bidder making the best and most advantageous offer shall be awarded the contract by the department within thirty (30) days, upon complying with all requirements of the department, the lowest bid to be accepted. Acts 1917, ch. 74, § 6; Shan., § 1720a29b26 (p. 6550); impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b57; Code 1932, § 3215; Acts 1968, ch. 418, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-516; Acts 1981, ch. 264, §§ 6, 12.
Sealed bids shall be opened in the presence of the bidders and public generally by the commissioner, or an authorized agent of the department, and the bidder making the best and most advantageous offer shall be awarded the contract by the department within thirty (30) days, upon complying with all requirements of the department, the lowest bid to be accepted.
Acts 1917, ch. 74, § 6; Shan., § 1720a29b26 (p. 6550); impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b57; Code 1932, § 3215; Acts 1968, ch. 418, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-516; Acts 1981, ch. 264, §§ 6, 12.
Tenn. Code Ann. § 54-21-103 — TN Code / Title 54 / Chapter 21 / Section 54-21-103
Restrictions on outdoor advertising devices on interstate and primary highways
Status: in_force

(a) An outdoor advertising device shall not be erected or maintained within six hundred sixty feet (660') of the nearest edge of the right-of-way and visible from the main traveled way of the interstate or primary highway systems in this state except the following: (1) Outdoor advertising devices located in areas that are zoned industrial or commercial under authority of local government law and whose size, lighting, and spacing are consistent with customary use as determined by agreement between the state and the secretary of transportation of the United States; and (2) Outdoor advertising devices located in unzoned commercial or industrial areas as may be determined by agreement between the state and the secretary of transportation of the United States. (b) The following types of signs are not subject to regulation as outdoor advertising devices under subsection (a): (1) Official signs and notices, including directional signs, authorized or required by law; (2) On-premises devices; (3) Signs other than outdoor advertising devices that: (A) Have a sign face that does not exceed twenty square feet (20 sq. ft.) in total area; and (B) Do not contain any flashing, intermittent, or moving lights; (4) Landmark signs lawfully in existence on October 22, 1965, as authorized under 23 U.S.C. § 131 and 23 CFR 750.710 ; and (5) Utility signs. Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Acts 1972, ch. 655, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2603; Acts 1980, ch. 470, § 2.
(a) An outdoor advertising device shall not be erected or maintained within six hundred sixty feet (660') of the nearest edge of the right-of-way and visible from the main traveled way of the interstate or primary highway systems in this state except the following: (1) Outdoor advertising devices located in areas that are zoned industrial or commercial under authority of local government law and whose size, lighting, and spacing are consistent with customary use as determined by agreement between the state and the secretary of transportation of the United States; and (2) Outdoor advertising devices located in unzoned commercial or industrial areas as may be determined by agreement between the state and the secretary of transportation of the United States.
(1) Outdoor advertising devices located in areas that are zoned industrial or commercial under authority of local government law and whose size, lighting, and spacing are consistent with customary use as determined by agreement between the state and the secretary of transportation of the United States; and
(2) Outdoor advertising devices located in unzoned commercial or industrial areas as may be determined by agreement between the state and the secretary of transportation of the United States.
(b) The following types of signs are not subject to regulation as outdoor advertising devices under subsection (a): (1) Official signs and notices, including directional signs, authorized or required by law; (2) On-premises devices; (3) Signs other than outdoor advertising devices that: (A) Have a sign face that does not exceed twenty square feet (20 sq. ft.) in total area; and (B) Do not contain any flashing, intermittent, or moving lights; (4) Landmark signs lawfully in existence on October 22, 1965, as authorized under 23 U.S.C. § 131 and 23 CFR 750.710 ; and (5) Utility signs.
(1) Official signs and notices, including directional signs, authorized or required by law;
(2) On-premises devices;
(3) Signs other than outdoor advertising devices that: (A) Have a sign face that does not exceed twenty square feet (20 sq. ft.) in total area; and (B) Do not contain any flashing, intermittent, or moving lights;
(A) Have a sign face that does not exceed twenty square feet (20 sq. ft.) in total area; and
(B) Do not contain any flashing, intermittent, or moving lights;
(4) Landmark signs lawfully in existence on October 22, 1965, as authorized under 23 U.S.C. § 131 and 23 CFR 750.710 ; and
(5) Utility signs.
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Acts 1972, ch. 655, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2603; Acts 1980, ch. 470, § 2.
Tenn. Code Ann. § 54-5-302 — TN Code / Title 54 / Chapter 5 / Section 54-5-302
Agreement prior to construction mandatory
Status: in_force

No person, firm, corporation or municipality shall construct any entrance into a highway in the state highway system without first having agreed to construct the highway in accordance with rules and regulations of the commissioner. Acts 1955, ch. 38, § 2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-541; Acts 1981, ch. 264, § 12.
No person, firm, corporation or municipality shall construct any entrance into a highway in the state highway system without first having agreed to construct the highway in accordance with rules and regulations of the commissioner.
Acts 1955, ch. 38, § 2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-541; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-4-603 — TN Code / Title 54 / Chapter 4 / Section 54-4-603
Funding
Status: in_force

(a) Funding for the high priority bridge replacement program shall be separate from funding for the state bridge grant program established in part 5 of this chapter. (b) The expenditure of funds under this program shall be based on need as determined by the commissioner of transportation and shall not be subject to the formula governing the allocation of funds under the state bridge grant program established in part 5 of this chapter. (c) The state share payable for a project undertaken pursuant to this part may be up to one hundred percent (100%) of the project cost approved by the department of transportation. (d) The department of transportation may use funds available through federal, state, or local sources to implement this program. Added by 2017 Tenn. Acts, ch. 425,s 2, eff. 7/1/2017.
(a) Funding for the high priority bridge replacement program shall be separate from funding for the state bridge grant program established in part 5 of this chapter.
(b) The expenditure of funds under this program shall be based on need as determined by the commissioner of transportation and shall not be subject to the formula governing the allocation of funds under the state bridge grant program established in part 5 of this chapter.
(c) The state share payable for a project undertaken pursuant to this part may be up to one hundred percent (100%) of the project cost approved by the department of transportation.
(d) The department of transportation may use funds available through federal, state, or local sources to implement this program.
Added by 2017 Tenn. Acts, ch. 425,s 2, eff. 7/1/2017.
Tenn. Code Ann. § 54-17-202 — TN Code / Title 54 / Chapter 17 / Section 54-17-202
Legislative findings
Status: in_force

(a) This state has abundant natural and scenic assets and recreational resources for the enjoyment of our citizens and those of other states. (b) Their general welfare will be enhanced by providing a road system that will promote the enjoyment of these assets and resources in accordance with this part. Acts 1982, ch. 865, § 2.
(a) This state has abundant natural and scenic assets and recreational resources for the enjoyment of our citizens and those of other states.
(b) Their general welfare will be enhanced by providing a road system that will promote the enjoyment of these assets and resources in accordance with this part.
Acts 1982, ch. 865, § 2.
Tenn. Code Ann. § 54-4-301 — TN Code / Title 54 / Chapter 4 / Section 54-4-301
Counties to keep one fund
Status: in_force

Those counties having a metropolitan form of government shall keep all funds received under this chapter in one (1) fund to be used for the purposes set out in this chapter. Acts 1977, ch. 139, § 1; T.C.A., § 54-411.
Those counties having a metropolitan form of government shall keep all funds received under this chapter in one (1) fund to be used for the purposes set out in this chapter.
Acts 1977, ch. 139, § 1; T.C.A., § 54-411.
Tenn. Code Ann. § 54-7-103 — TN Code / Title 54 / Chapter 7 / Section 54-7-103
"Chief administrative officer" defined
Status: in_force

For purposes of this chapter, "chief administrative officer" is defined as a county road superintendent, county road supervisor, director of public works, county engineer, or similar county highway official either elected or appointed pursuant to any general or private act of this state. Acts 1974, ch. 738, § 2; T.C.A., § 54-1003.
For purposes of this chapter, "chief administrative officer" is defined as a county road superintendent, county road supervisor, director of public works, county engineer, or similar county highway official either elected or appointed pursuant to any general or private act of this state.
Acts 1974, ch. 738, § 2; T.C.A., § 54-1003.