Tenn. Code Ann. § 54-12-133 — TN Code / Title 54 / Chapter 12 / Section 54-12-133
Claim for damages to be filed - Guardian or conservator ad litem appointed for persons under disability
Status: in_force

Any person claiming damages as compensation for or on account of the construction of the improvement shall file a claim in the office of the county clerk at least three (3) days prior to the day on which the petition has been set for hearing, and on failure to file the claim at the time specified shall be held to have waived any rights to the claim; provided, that if the person is an infant or adjudicated incompetent and without regular guardian or conservator, or the guardian or conservator has not been notified of the proceedings as provided in §§ 54-12-128 - 54-12-131 for notice, and the facts are made to appear by affidavit, the monthly county court shall appoint a guardian or conservator ad litem for the person, who may file the claim for damages, if deemed proper, for the person under disability, within the time allowed in this section or within three (3) days after the appointment. Acts 1919, ch. 193, § 23; Shan. Supp., § 1682a34; Code 1932, § 2848; modified; T.C.A. (orig. ed.), § 54-1333; Acts 2011, ch. 47, § 54.
Any person claiming damages as compensation for or on account of the construction of the improvement shall file a claim in the office of the county clerk at least three (3) days prior to the day on which the petition has been set for hearing, and on failure to file the claim at the time specified shall be held to have waived any rights to the claim; provided, that if the person is an infant or adjudicated incompetent and without regular guardian or conservator, or the guardian or conservator has not been notified of the proceedings as provided in §§ 54-12-128 - 54-12-131 for notice, and the facts are made to appear by affidavit, the monthly county court shall appoint a guardian or conservator ad litem for the person, who may file the claim for damages, if deemed proper, for the person under disability, within the time allowed in this section or within three (3) days after the appointment.
Acts 1919, ch. 193, § 23; Shan. Supp., § 1682a34; Code 1932, § 2848; modified; T.C.A. (orig. ed.), § 54-1333; Acts 2011, ch. 47, § 54.
Tenn. Code Ann. § 54-12-224 — TN Code / Title 54 / Chapter 12 / Section 54-12-224
Counsel employed for district on trial in appellate court - Payment
Status: in_force

When an appeal is taken from any order of the monthly county court made in any proceedings before it under this chapter, the court may employ counsel to represent the interests of the road improvement district affected by appeal, on the trial of the order in the appellate courts, and the expenses of counsel shall be paid out of the fund of the district. Acts 1919, ch. 193, § 64; Shan. Supp., § 1682a78; Code 1932, § 2892; modified; T.C.A. (orig. ed.), § 54-1424; impl. am. Acts 1978, ch. 934, §§ 7, 36.
When an appeal is taken from any order of the monthly county court made in any proceedings before it under this chapter, the court may employ counsel to represent the interests of the road improvement district affected by appeal, on the trial of the order in the appellate courts, and the expenses of counsel shall be paid out of the fund of the district.
Acts 1919, ch. 193, § 64; Shan. Supp., § 1682a78; Code 1932, § 2892; modified; T.C.A. (orig. ed.), § 54-1424; impl. am. Acts 1978, ch. 934, §§ 7, 36.
Tenn. Code Ann. § 54-12-202 — TN Code / Title 54 / Chapter 12 / Section 54-12-202
Oath of commissioners - Classification of lands on graduated scale of benefits
Status: in_force

The commissioners shall, as soon as practicable after their appointment, and after being duly sworn to perform their duties faithfully and impartially to the best of their abilities, inspect and classify all the lands benefited by the location and construction of the drainage or levee district in a graduated scale of benefits, naming the tract or tracts of each owner and so classifying the tract or tracts, each tract to be numbered according to the benefit received, as provided in §§ 54-12-204 and 54-12-205 by the proposed improvement. Acts 1919, ch. 193, § 45; Shan. Supp., § 1682a56; Code 1932, § 2870; T.C.A. (orig. ed.), § 54-1402.
The commissioners shall, as soon as practicable after their appointment, and after being duly sworn to perform their duties faithfully and impartially to the best of their abilities, inspect and classify all the lands benefited by the location and construction of the drainage or levee district in a graduated scale of benefits, naming the tract or tracts of each owner and so classifying the tract or tracts, each tract to be numbered according to the benefit received, as provided in §§ 54-12-204 and 54-12-205 by the proposed improvement.
Acts 1919, ch. 193, § 45; Shan. Supp., § 1682a56; Code 1932, § 2870; T.C.A. (orig. ed.), § 54-1402.
Tenn. Code Ann. § 54-12-141 — TN Code / Title 54 / Chapter 12 / Section 54-12-141
Appeal from decision establishing district or allowing damages - Appeal bond
Status: in_force

(a) Any party aggrieved may appeal to the circuit court from the decision of the monthly county court in establishing or refusing to establish the improvement district, or its decision in the allowance of damages. (b) Any party desiring to appeal shall have the right to have the benefit of the appeal at any time within five (5) days after the decision is made, without formally praying an appeal, at the same time filing a bond, to be approved by the clerk in the sum and condition prescribed in §§ 54-12-104 and 54-12-109 . Acts 1919, ch. 193, § 31; Shan. Supp., § 1682a42; Code 1932, § 2856; modified; T.C.A. (orig. ed.), § 54-1341.
(a) Any party aggrieved may appeal to the circuit court from the decision of the monthly county court in establishing or refusing to establish the improvement district, or its decision in the allowance of damages.
(b) Any party desiring to appeal shall have the right to have the benefit of the appeal at any time within five (5) days after the decision is made, without formally praying an appeal, at the same time filing a bond, to be approved by the clerk in the sum and condition prescribed in §§ 54-12-104 and 54-12-109 .
Acts 1919, ch. 193, § 31; Shan. Supp., § 1682a42; Code 1932, § 2856; modified; T.C.A. (orig. ed.), § 54-1341.
Tenn. Code Ann. § 54-11-101 — TN Code / Title 54 / Chapter 11 / Section 54-11-101
County legislative bodies may clear out fords
Status: in_force

It may be lawful for county legislative bodies to clear out fords of rivers where public roads cross the fords, upon the plans and conditions set forth in this part. Acts 1859-1860, ch. 115, § 1; Shan., § 1741; Code 1932, § 3067; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1101.
It may be lawful for county legislative bodies to clear out fords of rivers where public roads cross the fords, upon the plans and conditions set forth in this part.
Acts 1859-1860, ch. 115, § 1; Shan., § 1741; Code 1932, § 3067; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1101.
Tenn. Code Ann. § 54-14-118 — TN Code / Title 54 / Chapter 14 / Section 54-14-118
Mutual use easement or right-of-way
Status: in_force

In lieu of the absolute easement or right-of-way provided for in this chapter, the court, in its discretion, may grant a mutual use easement or right-of-way to the petitioner or petitioners and the owner or owners of the servient land. Under a mutual use easement or right-of-way, the petitioner shall be required to pay the damages assessed by the jury and the costs, ownership to the land shall not be affected and both the petitioner and the owner of the servient land shall have the right to use the easement or right-of-way. Acts 1991, ch. 337, § 1.
In lieu of the absolute easement or right-of-way provided for in this chapter, the court, in its discretion, may grant a mutual use easement or right-of-way to the petitioner or petitioners and the owner or owners of the servient land. Under a mutual use easement or right-of-way, the petitioner shall be required to pay the damages assessed by the jury and the costs, ownership to the land shall not be affected and both the petitioner and the owner of the servient land shall have the right to use the easement or right-of-way.
Acts 1991, ch. 337, § 1.
Tenn. Code Ann. § 54-12-145 — TN Code / Title 54 / Chapter 12 / Section 54-12-145
Appeal heard de novo by circuit court that enters no judgment but enters amount fixed - Clerk certifies to monthly county court
Status: in_force

The circuit court shall hear the appeal de novo; and if the appeal is from the amount of damages allowed by the monthly county court, the amount ascertained and fixed by the circuit court shall be entered of record, but no judgment shall be entered. The amount thus ascertained shall be certified by the clerk of the circuit court to the monthly county court, which shall thereafter proceed as if the monthly county court had allowed the claimant that amount as damages. Acts 1919, ch. 193, § 35; Shan. Supp., § 1682a46; Code 1932, § 2860; modified; T.C.A. (orig. ed.), § 54-1345.
The circuit court shall hear the appeal de novo; and if the appeal is from the amount of damages allowed by the monthly county court, the amount ascertained and fixed by the circuit court shall be entered of record, but no judgment shall be entered. The amount thus ascertained shall be certified by the clerk of the circuit court to the monthly county court, which shall thereafter proceed as if the monthly county court had allowed the claimant that amount as damages.
Acts 1919, ch. 193, § 35; Shan. Supp., § 1682a46; Code 1932, § 2860; modified; T.C.A. (orig. ed.), § 54-1345.
Tenn. Code Ann. § 54-16-105 — TN Code / Title 54 / Chapter 16 / Section 54-16-105
Grade separation - Access connections
Status: in_force

(a) The highway authority may designate and establish controlled-access highways as new and additional facilities or may designate and establish an existing street or highway as included within a controlled-access facility. (b) (1) The state or any of its subdivisions have the authority to provide for the elimination of intersections at grade of controlled-access facilities with existing state and county roads, and city or town streets, by grade separation of service road, or by closing off the roads and streets at the right-of-way boundary line of the controlled-access facility. (2) After the establishment of any controlled-access facility, no highway or street that is not part of the facility shall intersect the facility at grade. (c) No city or town street, county or state highway, or other public way shall be opened into or connected with the controlled-access facility without the consent and previous approval of the highway authority in the state, county, city or town having jurisdiction over the controlled-access facility. Consent and approval shall be given only if the public interest shall be served by the consent and approval. (d) Any abutting property owner claiming damages by virtue of the closing of any street or road on which the owner's property abuts shall have a right of action as provided by § 29-16-123 . Acts 1955, ch. 147, § 5; T.C.A., § 54-2005.
(a) The highway authority may designate and establish controlled-access highways as new and additional facilities or may designate and establish an existing street or highway as included within a controlled-access facility.
(b) (1) The state or any of its subdivisions have the authority to provide for the elimination of intersections at grade of controlled-access facilities with existing state and county roads, and city or town streets, by grade separation of service road, or by closing off the roads and streets at the right-of-way boundary line of the controlled-access facility. (2) After the establishment of any controlled-access facility, no highway or street that is not part of the facility shall intersect the facility at grade.
(1) The state or any of its subdivisions have the authority to provide for the elimination of intersections at grade of controlled-access facilities with existing state and county roads, and city or town streets, by grade separation of service road, or by closing off the roads and streets at the right-of-way boundary line of the controlled-access facility.
(2) After the establishment of any controlled-access facility, no highway or street that is not part of the facility shall intersect the facility at grade.
(c) No city or town street, county or state highway, or other public way shall be opened into or connected with the controlled-access facility without the consent and previous approval of the highway authority in the state, county, city or town having jurisdiction over the controlled-access facility. Consent and approval shall be given only if the public interest shall be served by the consent and approval.
(d) Any abutting property owner claiming damages by virtue of the closing of any street or road on which the owner's property abuts shall have a right of action as provided by § 29-16-123 .
Acts 1955, ch. 147, § 5; T.C.A., § 54-2005.
Tenn. Code Ann. § 54-11-221 — TN Code / Title 54 / Chapter 11 / Section 54-11-221
Special tax for bridge in county seat towns - Payment from proceeds of stock or bond sales
Status: in_force

(a) The bridge shall be paid for by a special tax, not to exceed, in any year, the amount of the state tax, to be levied by the county legislative body, annually, on all the taxables of the county. (b) Nothing in this section shall prevent the county legislative body from paying for the bridge out of any moneys or funds in the county treasury not otherwise appropriated, or by a sale or sales of any stocks or bonds held and owned by the county, and that may be sold or negotiated for the purpose of the payment. Acts 1881, ch. 95, § 2; Shan., §§ 1637, 6050; Code 1932, §§ 2764, 10255; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1127.
(a) The bridge shall be paid for by a special tax, not to exceed, in any year, the amount of the state tax, to be levied by the county legislative body, annually, on all the taxables of the county.
(b) Nothing in this section shall prevent the county legislative body from paying for the bridge out of any moneys or funds in the county treasury not otherwise appropriated, or by a sale or sales of any stocks or bonds held and owned by the county, and that may be sold or negotiated for the purpose of the payment.
Acts 1881, ch. 95, § 2; Shan., §§ 1637, 6050; Code 1932, §§ 2764, 10255; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1127.
Tenn. Code Ann. § 54-12-126 — TN Code / Title 54 / Chapter 12 / Section 54-12-126
Engineer to submit itemized expense account or do work for stipulated sum
Status: in_force

The engineer may employ necessary help such as axmen, rodmen, etc., returning an itemized expense account; or the court may contract with the engineer to furnish the engineer all help needed such as axmen, rodmen, etc., and to do the entire work or any specific part of the work, for a sum agreed upon and stipulated. Acts 1919, ch. 193, § 15; Shan. Supp., § 1682a26; Code 1932, § 2840; T.C.A. (orig. ed.), § 54-1326.
The engineer may employ necessary help such as axmen, rodmen, etc., returning an itemized expense account; or the court may contract with the engineer to furnish the engineer all help needed such as axmen, rodmen, etc., and to do the entire work or any specific part of the work, for a sum agreed upon and stipulated.
Acts 1919, ch. 193, § 15; Shan. Supp., § 1682a26; Code 1932, § 2840; T.C.A. (orig. ed.), § 54-1326.
Tenn. Code Ann. § 54-18-204 — TN Code / Title 54 / Chapter 18 / Section 54-18-204
Certification of official map
Status: in_force

(a) After the preparation of a master plan or at least a major street plan, the planning commission may make studies or surveys of new, extended, widened, or narrowed highways, or of the vacation or abandonment of highways, and may make and certify to the legislative body a map of the area studied or surveyed that shall show the recommended future highways, extensions, widenings, narrowings, or abandonments, including any state and federal highway or abandonment proposed by the commissioner. (b) The certified map shall show the location of existing highways and highways on plats of subdivisions that have been approved by the planning commission. Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 251, § 4; impl. am. Acts 1972, ch. 829, § 7; T.C.A., §§ 54-2204, 54-19-104; Acts 1981, ch. 264, § 12.
(a) After the preparation of a master plan or at least a major street plan, the planning commission may make studies or surveys of new, extended, widened, or narrowed highways, or of the vacation or abandonment of highways, and may make and certify to the legislative body a map of the area studied or surveyed that shall show the recommended future highways, extensions, widenings, narrowings, or abandonments, including any state and federal highway or abandonment proposed by the commissioner.
(b) The certified map shall show the location of existing highways and highways on plats of subdivisions that have been approved by the planning commission.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 251, § 4; impl. am. Acts 1972, ch. 829, § 7; T.C.A., §§ 54-2204, 54-19-104; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-1-134 — TN Code / Title 54 / Chapter 1 / Section 54-1-134
Vandalism of state highway structures
Status: in_force

(a) (1) As used in this subsection (a), "state highway structure" includes any state highway facility; building; bridge; overpass; tunnel; barricade; fence; wall; traffic control device; right-of-way; sign or marker of any nature whatsoever erected upon or maintained within or adjacent to a state highway or the state highway right-of-way by any authorized source or under the authority of the department; and letters or figures of any nature whatsoever on any sign, marker, barricade or fence. (2) It is an offense for any person who is not authorized to construct or repair a state highway structure to knowingly carve upon, write, paint or otherwise mark upon, deface, rearrange, or alter any state highway structure. (3) It is an offense for any person who is not authorized to construct or repair a state highway structure to knowingly, in any manner, destroy, damage, knock down, mutilate, mar, steal or remove any state highway structure. (4) A violation of subdivision (a)(2) or (a)(3) is a Class A misdemeanor. (5) Whenever any state highway structure described in this subsection (a) is damaged knowingly or negligently by any person, firm or corporation, the person, firm or corporation shall be liable for the damage to the state highway structure, to be recovered by a civil action in the name of the state. The civil action shall be instituted by the attorney general and reporter, whose duty it shall be to represent the state in the action. (b) (1) Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for a violation of this section shall receive a reward of two hundred fifty dollars ($250). The county where the conviction occurs shall provide the reward money from the proceeds of the fines collected under this section. (2) The proceeds from the fines imposed for violations of this section shall be collected by the respective court clerks and then deposited in a dedicated county fund. The fund shall not revert to the county general fund at the end of a fiscal year but shall remain for the vandalism enforcement rewards established in subdivision (b)(1). (3) Each county shall expend the funds generated by the fines provided for in this section by appropriation for the vandalism enforcement rewards. Excess funds, if any, may be expended for litter control programs on adoption of an appropriate resolution by the county legislative body. Amended by 2013 Tenn. Acts, ch. 472,s 1, eff. 7/1/2013. Acts 2004, ch. 514, § 1.
(a) (1) As used in this subsection (a), "state highway structure" includes any state highway facility; building; bridge; overpass; tunnel; barricade; fence; wall; traffic control device; right-of-way; sign or marker of any nature whatsoever erected upon or maintained within or adjacent to a state highway or the state highway right-of-way by any authorized source or under the authority of the department; and letters or figures of any nature whatsoever on any sign, marker, barricade or fence. (2) It is an offense for any person who is not authorized to construct or repair a state highway structure to knowingly carve upon, write, paint or otherwise mark upon, deface, rearrange, or alter any state highway structure. (3) It is an offense for any person who is not authorized to construct or repair a state highway structure to knowingly, in any manner, destroy, damage, knock down, mutilate, mar, steal or remove any state highway structure. (4) A violation of subdivision (a)(2) or (a)(3) is a Class A misdemeanor. (5) Whenever any state highway structure described in this subsection (a) is damaged knowingly or negligently by any person, firm or corporation, the person, firm or corporation shall be liable for the damage to the state highway structure, to be recovered by a civil action in the name of the state. The civil action shall be instituted by the attorney general and reporter, whose duty it shall be to represent the state in the action.
(1) As used in this subsection (a), "state highway structure" includes any state highway facility; building; bridge; overpass; tunnel; barricade; fence; wall; traffic control device; right-of-way; sign or marker of any nature whatsoever erected upon or maintained within or adjacent to a state highway or the state highway right-of-way by any authorized source or under the authority of the department; and letters or figures of any nature whatsoever on any sign, marker, barricade or fence.
(2) It is an offense for any person who is not authorized to construct or repair a state highway structure to knowingly carve upon, write, paint or otherwise mark upon, deface, rearrange, or alter any state highway structure.
(3) It is an offense for any person who is not authorized to construct or repair a state highway structure to knowingly, in any manner, destroy, damage, knock down, mutilate, mar, steal or remove any state highway structure.
(4) A violation of subdivision (a)(2) or (a)(3) is a Class A misdemeanor.
(5) Whenever any state highway structure described in this subsection (a) is damaged knowingly or negligently by any person, firm or corporation, the person, firm or corporation shall be liable for the damage to the state highway structure, to be recovered by a civil action in the name of the state. The civil action shall be instituted by the attorney general and reporter, whose duty it shall be to represent the state in the action.
(b) (1) Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for a violation of this section shall receive a reward of two hundred fifty dollars ($250). The county where the conviction occurs shall provide the reward money from the proceeds of the fines collected under this section. (2) The proceeds from the fines imposed for violations of this section shall be collected by the respective court clerks and then deposited in a dedicated county fund. The fund shall not revert to the county general fund at the end of a fiscal year but shall remain for the vandalism enforcement rewards established in subdivision (b)(1). (3) Each county shall expend the funds generated by the fines provided for in this section by appropriation for the vandalism enforcement rewards. Excess funds, if any, may be expended for litter control programs on adoption of an appropriate resolution by the county legislative body.
(1) Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for a violation of this section shall receive a reward of two hundred fifty dollars ($250). The county where the conviction occurs shall provide the reward money from the proceeds of the fines collected under this section.
(2) The proceeds from the fines imposed for violations of this section shall be collected by the respective court clerks and then deposited in a dedicated county fund. The fund shall not revert to the county general fund at the end of a fiscal year but shall remain for the vandalism enforcement rewards established in subdivision (b)(1).
(3) Each county shall expend the funds generated by the fines provided for in this section by appropriation for the vandalism enforcement rewards. Excess funds, if any, may be expended for litter control programs on adoption of an appropriate resolution by the county legislative body.
Amended by 2013 Tenn. Acts, ch. 472,s 1, eff. 7/1/2013.
Acts 2004, ch. 514, § 1.
Tenn. Code Ann. § 54-12-121 — TN Code / Title 54 / Chapter 12 / Section 54-12-121
Compensation of engineers
Status: in_force

The engineers appointed under this part by the monthly county courts shall be paid for their services at rates the courts appointing them fix; and if not fixed, at the rate of five dollars ($5.00) per day while engaged in the work. In addition, they shall be paid all actual traveling expenses, an itemized account of the expenses to be kept by them and reported and sworn to. Acts 1919, ch. 193, § 106; Shan. Supp., § 1682a120; Code 1932, § 2935; modified; T.C.A. (orig. ed.), § 54-1321.
The engineers appointed under this part by the monthly county courts shall be paid for their services at rates the courts appointing them fix; and if not fixed, at the rate of five dollars ($5.00) per day while engaged in the work. In addition, they shall be paid all actual traveling expenses, an itemized account of the expenses to be kept by them and reported and sworn to.
Acts 1919, ch. 193, § 106; Shan. Supp., § 1682a120; Code 1932, § 2935; modified; T.C.A. (orig. ed.), § 54-1321.
Tenn. Code Ann. § 54-5-803 — TN Code / Title 54 / Chapter 5 / Section 54-5-803
Relocation of utility facilities authorized - Obligations of utility - Agreements for relocation and cost
Status: in_force

(a) The commissioner may by order, after notice and hearing, provide for the relocation of utility facilities within a public highway, including, if required, the entire removal from the public highway of certain facilities except as necessary to serve abutting premises or as necessary to cross the highway, and may require any utility as defined in § 54-5-802 to make or suffer the specified relocation, upon a finding that the action provided for is necessitated by highway improvement determined by the commissioner as a matter of policy relating to the design, construction, location and maintenance of public highways. The commissioner shall direct and control the reasonable manner and time of effecting the relocation so as to promote the public interest in the highway improvement without undue cost or risk and without impairment of utility service, whether the commissioner undertakes the relocation on behalf of the state or requires the utility to perform the relocation. If undertaken by the commissioner, the commissioner may contract the relocation work. (b) The obligations of the utility, as defined in § 54-5-802 , shall be to make or suffer relocation required by the commissioner, and to relocate cooperatively and in the reasonable manner and time as prescribed by the commissioner, and to advance and pay all costs incurred in effecting relocation that the state is not authorized to pay under this part or otherwise by law. It shall not be grounds for delay in relocation that a dispute exists over the cost of relocation or the method of paying or sharing the cost. (c) The commissioner is authorized to enter into an agreement with a utility as defined in § 54-5-802 with respect to any relocation, the time and manner of its accomplishment and the payment and sharing of the cost incurred in effecting relocation, all upon reasonable terms and conditions that the commissioner approves as necessary or appropriate in the interest of a public highway program in this state. No notice, hearing or other proceeding under this part shall be required. Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-564.
(a) The commissioner may by order, after notice and hearing, provide for the relocation of utility facilities within a public highway, including, if required, the entire removal from the public highway of certain facilities except as necessary to serve abutting premises or as necessary to cross the highway, and may require any utility as defined in § 54-5-802 to make or suffer the specified relocation, upon a finding that the action provided for is necessitated by highway improvement determined by the commissioner as a matter of policy relating to the design, construction, location and maintenance of public highways. The commissioner shall direct and control the reasonable manner and time of effecting the relocation so as to promote the public interest in the highway improvement without undue cost or risk and without impairment of utility service, whether the commissioner undertakes the relocation on behalf of the state or requires the utility to perform the relocation. If undertaken by the commissioner, the commissioner may contract the relocation work.
(b) The obligations of the utility, as defined in § 54-5-802 , shall be to make or suffer relocation required by the commissioner, and to relocate cooperatively and in the reasonable manner and time as prescribed by the commissioner, and to advance and pay all costs incurred in effecting relocation that the state is not authorized to pay under this part or otherwise by law. It shall not be grounds for delay in relocation that a dispute exists over the cost of relocation or the method of paying or sharing the cost.
(c) The commissioner is authorized to enter into an agreement with a utility as defined in § 54-5-802 with respect to any relocation, the time and manner of its accomplishment and the payment and sharing of the cost incurred in effecting relocation, all upon reasonable terms and conditions that the commissioner approves as necessary or appropriate in the interest of a public highway program in this state. No notice, hearing or other proceeding under this part shall be required.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-564.
Tenn. Code Ann. § 54-10-208 — TN Code / Title 54 / Chapter 10 / Section 54-10-208
Action after final judgment
Status: in_force

If the action of the jury of view be affirmed, the commissioner or commissioners shall then proceed as if no appeal had been taken; if otherwise, the order of the court shall be carried out. Acts 1891, ch. 1, § 14; Shan., § 1627; Code 1932, § 2737; T.C.A. (orig. ed.), § 54-912.
If the action of the jury of view be affirmed, the commissioner or commissioners shall then proceed as if no appeal had been taken; if otherwise, the order of the court shall be carried out.
Acts 1891, ch. 1, § 14; Shan., § 1627; Code 1932, § 2737; T.C.A. (orig. ed.), § 54-912.
Tenn. Code Ann. § 54-1-407 — TN Code / Title 54 / Chapter 1 / Section 54-1-407
Special grants to programs established for prevention and collection of litter and trash and related matters
Status: in_force

(a) In order to facilitate the prevention and collection of litter and trash in this state, the department of transportation may allocate a portion of the funds generated by chapter 903 of the Public Acts of 2022, §§ 1 and 2 to be used for roadway, waterway, and shoreline litter reduction initiatives pursuant to subsection (b). (b) The department of transportation may provide special grants to programs established for the prevention and collection of litter and trash and related matters: (A) Conducted by nonprofit groups; (B) Conducted by local governments; (C) For the purpose of providing technical and policy assistance and enforcement of litter laws by state and local law enforcement agencies and the courts; and (D) For the purpose of providing educational, marketing, and service-oriented events and efforts. (c) The department of transportation shall not base the amount of a special grant provided to a municipality under this section on the department's litter grant program formula for county governments. Added by 2022 Tenn. Acts, ch. 903, s 3, eff. 7/1/2022.
(a) In order to facilitate the prevention and collection of litter and trash in this state, the department of transportation may allocate a portion of the funds generated by chapter 903 of the Public Acts of 2022, §§ 1 and 2 to be used for roadway, waterway, and shoreline litter reduction initiatives pursuant to subsection (b).
(b) The department of transportation may provide special grants to programs established for the prevention and collection of litter and trash and related matters: (A) Conducted by nonprofit groups; (B) Conducted by local governments; (C) For the purpose of providing technical and policy assistance and enforcement of litter laws by state and local law enforcement agencies and the courts; and (D) For the purpose of providing educational, marketing, and service-oriented events and efforts.
(A) Conducted by nonprofit groups;
(B) Conducted by local governments;
(C) For the purpose of providing technical and policy assistance and enforcement of litter laws by state and local law enforcement agencies and the courts; and
(D) For the purpose of providing educational, marketing, and service-oriented events and efforts.
(c) The department of transportation shall not base the amount of a special grant provided to a municipality under this section on the department's litter grant program formula for county governments.
Added by 2022 Tenn. Acts, ch. 903, s 3, eff. 7/1/2022.
Tenn. Code Ann. § 54-11-207 — TN Code / Title 54 / Chapter 11 / Section 54-11-207
Power of county legislative body to build bridges
Status: in_force

In addition to the powers vested in and exercised by county legislative bodies over public roads and bridges, the county legislative bodies respectively are empowered, the same being a county purpose, to build a bridge or bridges over and across any stream or river running through the county, which bridge shall be located on or near and convenient to a public highway, due regard being had both to advantages of location and convenience of the citizens of the county having to pass over the bridge, and may be located wholly or partly within the limits of any municipal corporation. Acts 1885, ch. 149, § 1; Shan., § 1712; Code 1932, § 3022; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1113.
In addition to the powers vested in and exercised by county legislative bodies over public roads and bridges, the county legislative bodies respectively are empowered, the same being a county purpose, to build a bridge or bridges over and across any stream or river running through the county, which bridge shall be located on or near and convenient to a public highway, due regard being had both to advantages of location and convenience of the citizens of the county having to pass over the bridge, and may be located wholly or partly within the limits of any municipal corporation.
Acts 1885, ch. 149, § 1; Shan., § 1712; Code 1932, § 3022; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1113.
Tenn. Code Ann. § 54-5-122 — TN Code / Title 54 / Chapter 5 / Section 54-5-122
Full settlement with contractor
Status: in_force

The department may close a project after the following have occurred: (1) The department shall provide thirty (30) days notice in some newspaper published in the county where the work is done, if there is a newspaper published there, and if not, in a newspaper in an adjoining county, that final settlement is about to be made and notifying all claimants to file notice of their claims with the department and the contractor's surety. The period for filing a notice of claim shall not be less than thirty (30) days after the last published notice. No notice of claim shall be valid unless it is verified by oath and filed after the publication of the first notice; and (2) The contractor shall furnish evidence to satisfy the department that all the material used by the contractor, its subcontractors or its agents has been fully paid for and all laborers and other employees working for the contractor, its subcontractors or its agents have been fully paid. Acts 1917, ch. 74, § 6; Shan., § 1720a29b30 (p. 6551); Shan. Supp., § 1720a7b61; Code 1932, § 3221; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-522; Acts 1983, ch. 132, § 1; 1984, ch. 807, § 1; 2004, ch. 605, § 2.
The department may close a project after the following have occurred:
(1) The department shall provide thirty (30) days notice in some newspaper published in the county where the work is done, if there is a newspaper published there, and if not, in a newspaper in an adjoining county, that final settlement is about to be made and notifying all claimants to file notice of their claims with the department and the contractor's surety. The period for filing a notice of claim shall not be less than thirty (30) days after the last published notice. No notice of claim shall be valid unless it is verified by oath and filed after the publication of the first notice; and
(2) The contractor shall furnish evidence to satisfy the department that all the material used by the contractor, its subcontractors or its agents has been fully paid for and all laborers and other employees working for the contractor, its subcontractors or its agents have been fully paid.
Acts 1917, ch. 74, § 6; Shan., § 1720a29b30 (p. 6551); Shan. Supp., § 1720a7b61; Code 1932, § 3221; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-522; Acts 1983, ch. 132, § 1; 1984, ch. 807, § 1; 2004, ch. 605, § 2.
Tenn. Code Ann. § 54-12-308 — TN Code / Title 54 / Chapter 12 / Section 54-12-308
Contracts for sections of work or the whole may be let to the lowest responsible bidder - Rejection of bids and readvertisement
Status: in_force

The board of directors shall award a contract or contracts for each section of the work to the lowest responsible bidder or bidders, or may award the contract as a whole to the lowest responsible bidder, exercising its own discretion as to the letting of the work as a whole or in sections, and reserving the right to reject any and all bids and readvertise the letting of the work. Acts 1919, ch. 193, § 74; Shan. Supp., § 1682a88; Code 1932, § 2902; T.C.A. (orig. ed.), § 54-1508.
The board of directors shall award a contract or contracts for each section of the work to the lowest responsible bidder or bidders, or may award the contract as a whole to the lowest responsible bidder, exercising its own discretion as to the letting of the work as a whole or in sections, and reserving the right to reject any and all bids and readvertise the letting of the work.
Acts 1919, ch. 193, § 74; Shan. Supp., § 1682a88; Code 1932, § 2902; T.C.A. (orig. ed.), § 54-1508.
Tenn. Code Ann. § 54-5-1101 — TN Code / Title 54 / Chapter 5 / Section 54-5-1101
System authorized - Guidelines - State Route 840
Status: in_force

(a) There is authorized to be established a system of specific service signs within the rights-of-way of highways on the interstate system and on adjoining public roads in the vicinity of the highways for the purpose of advising the traveling public of specific business establishments within certain eligible categories. Multi-lane, fully controlled-access roads are permitted to participate in the specific service sign system in accordance with the guidelines established for the program, and the commissioner of transportation is directed to add the roads to the system. If space is available, a specific business establishment shall not be excluded from participating in the specific service sign program because the establishment does not serve breakfast. The establishment may occupy any available space on a specific service sign if doing so would not exclude a business establishment that does serve breakfast. (b) The specific service signs shall be within the guidelines prescribed by the Manual on Uniform Traffic Control Devices. (c) As portions of State Route 840 are opened, these portions shall be included in the specific service sign program provided for in this part; provided, that eligibility of interchanges and businesses for participation in this program shall be determined in accordance with regulations that the commissioner has promulgated pursuant to this part. (d) (1) Notwithstanding any provision of this part to the contrary, the commissioner of transportation is authorized, subject to the approval of the federal highway administration, to erect specific service signs at Exit 1 (United States Highway 41) on Interstate Highway 75 in Hamilton County; provided, however, that, due to safety considerations, no more than one (1) sign panel may be erected on either approach to the exit and the categories of specific service signs available shall be limited to food and lodging. (2) Notwithstanding any provision of this part to the contrary, the commissioner of transportation is authorized to erect specific service signs at Exit 1 (United States Highway 41) on Interstate 24 and 75 in Hamilton County to provide one (1) sign panel for the categories of gas and camping. Acts 1988, ch. 696, § 2; 1991, ch. 282, § 1; 1995, ch. 350, § 1; 1996, ch. 653, § 1; 1999, ch. 359, § 1; 2003, ch. 65, § 1; 2004, ch. 495, § 1.
(a) There is authorized to be established a system of specific service signs within the rights-of-way of highways on the interstate system and on adjoining public roads in the vicinity of the highways for the purpose of advising the traveling public of specific business establishments within certain eligible categories. Multi-lane, fully controlled-access roads are permitted to participate in the specific service sign system in accordance with the guidelines established for the program, and the commissioner of transportation is directed to add the roads to the system. If space is available, a specific business establishment shall not be excluded from participating in the specific service sign program because the establishment does not serve breakfast. The establishment may occupy any available space on a specific service sign if doing so would not exclude a business establishment that does serve breakfast.
(b) The specific service signs shall be within the guidelines prescribed by the Manual on Uniform Traffic Control Devices.
(c) As portions of State Route 840 are opened, these portions shall be included in the specific service sign program provided for in this part; provided, that eligibility of interchanges and businesses for participation in this program shall be determined in accordance with regulations that the commissioner has promulgated pursuant to this part.
(d) (1) Notwithstanding any provision of this part to the contrary, the commissioner of transportation is authorized, subject to the approval of the federal highway administration, to erect specific service signs at Exit 1 (United States Highway 41) on Interstate Highway 75 in Hamilton County; provided, however, that, due to safety considerations, no more than one (1) sign panel may be erected on either approach to the exit and the categories of specific service signs available shall be limited to food and lodging. (2) Notwithstanding any provision of this part to the contrary, the commissioner of transportation is authorized to erect specific service signs at Exit 1 (United States Highway 41) on Interstate 24 and 75 in Hamilton County to provide one (1) sign panel for the categories of gas and camping.
(1) Notwithstanding any provision of this part to the contrary, the commissioner of transportation is authorized, subject to the approval of the federal highway administration, to erect specific service signs at Exit 1 (United States Highway 41) on Interstate Highway 75 in Hamilton County; provided, however, that, due to safety considerations, no more than one (1) sign panel may be erected on either approach to the exit and the categories of specific service signs available shall be limited to food and lodging.
(2) Notwithstanding any provision of this part to the contrary, the commissioner of transportation is authorized to erect specific service signs at Exit 1 (United States Highway 41) on Interstate 24 and 75 in Hamilton County to provide one (1) sign panel for the categories of gas and camping.
Acts 1988, ch. 696, § 2; 1991, ch. 282, § 1; 1995, ch. 350, § 1; 1996, ch. 653, § 1; 1999, ch. 359, § 1; 2003, ch. 65, § 1; 2004, ch. 495, § 1.
Tenn. Code Ann. § 54-4-404 — TN Code / Title 54 / Chapter 4 / Section 54-4-404
Allocation and expenditure of funds - Matching funds - Bridge replacement
Status: in_force

(a) Funds appropriated to the state-aid highway system shall be allocated to the local agencies to be expended upon the designated highways and roads by the same formula as is set forth in § 54-4-103 . (b) No funds shall be either obligated or expended under this program unless the local agency agrees to match the proposed expenditures in an amount of twenty-five percent (25%). All of the required match or a portion of the match may be provided by in-kind contributions. (c) A local agency may choose to transfer up to fifty percent (50%) of its funds allocated for the state-aid highway system to its state off-system bridge replacement program, in which case the matching requirements for bridge replacement projects as set forth in chapter 916 of the Public Acts of 1982, § 11, Item 48, shall apply. It may choose to transfer up to that amount to participate in the federal-aid bridge replacement and rehabilitation program. (d) If any county has an unexpended balance of funds that have accrued in the state treasury and that are available for the benefit of the county under this part, then the county may use the unexpended balance, in whole or in part, to provide a portion of the local agency share required by subsection (b); provided, that the county shall provide at least two percent (2%) of the approved project costs from county funds or in-kind project work approved by the commissioner of transportation, or both. Amended by 2019 Tenn. Acts, ch. 129, s 1, eff. 4/9/2019. Amended by 2017 Tenn. Acts, ch. 442, Secs.s 1, s 2 eff. 5/25/2017. Amended by 2015 Tenn. Acts, ch. 195, s 2, eff. 4/22/2015. Acts 1983, ch. 320, § 2; 1985, ch. 219, § 1; T.C.A., § 54-6-204.
(a) Funds appropriated to the state-aid highway system shall be allocated to the local agencies to be expended upon the designated highways and roads by the same formula as is set forth in § 54-4-103 .
(b) No funds shall be either obligated or expended under this program unless the local agency agrees to match the proposed expenditures in an amount of twenty-five percent (25%). All of the required match or a portion of the match may be provided by in-kind contributions.
(c) A local agency may choose to transfer up to fifty percent (50%) of its funds allocated for the state-aid highway system to its state off-system bridge replacement program, in which case the matching requirements for bridge replacement projects as set forth in chapter 916 of the Public Acts of 1982, § 11, Item 48, shall apply. It may choose to transfer up to that amount to participate in the federal-aid bridge replacement and rehabilitation program.
(d) If any county has an unexpended balance of funds that have accrued in the state treasury and that are available for the benefit of the county under this part, then the county may use the unexpended balance, in whole or in part, to provide a portion of the local agency share required by subsection (b); provided, that the county shall provide at least two percent (2%) of the approved project costs from county funds or in-kind project work approved by the commissioner of transportation, or both.
Amended by 2019 Tenn. Acts, ch. 129, s 1, eff. 4/9/2019.
Amended by 2017 Tenn. Acts, ch. 442, Secs.s 1, s 2 eff. 5/25/2017.
Amended by 2015 Tenn. Acts, ch. 195, s 2, eff. 4/22/2015.
Acts 1983, ch. 320, § 2; 1985, ch. 219, § 1; T.C.A., § 54-6-204.
Tenn. Code Ann. § 54-17-204 — TN Code / Title 54 / Chapter 17 / Section 54-17-204
Route and promotional markers
Status: in_force

(a) The department of transportation is directed to erect suitable route and promotional markers for the parkway system. (b) The cost of erecting the markers shall be paid from appropriations made to the department of transportation. Acts 1982, ch. 865, § 5.
(a) The department of transportation is directed to erect suitable route and promotional markers for the parkway system.
(b) The cost of erecting the markers shall be paid from appropriations made to the department of transportation.
Acts 1982, ch. 865, § 5.
Tenn. Code Ann. § 54-4-104 — TN Code / Title 54 / Chapter 4 / Section 54-4-104
Claims paid out of fund
Status: in_force

In the event the task of administering a county's pro rata share of the county aid fund is placed on the department of transportation by resolution as provided in § 54-4-103 , and, in carrying on the work on the county roads and bridges, an employee or other person is injured or killed or property damage caused so as to render the department liable to an award of the board of claims, then the award shall be paid out of the county's pro rata share of the county aid fund, regardless of whether the funds are being administered by the department on the date of the award. Acts 1931, ch. 45, § 3-A, as added by Acts 1945, ch. 179, § 2; C. Supp. 1950, § 3291.4 (Williams, § 3291.3b); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-404; Acts 1981, ch. 264, § 12.
In the event the task of administering a county's pro rata share of the county aid fund is placed on the department of transportation by resolution as provided in § 54-4-103 , and, in carrying on the work on the county roads and bridges, an employee or other person is injured or killed or property damage caused so as to render the department liable to an award of the board of claims, then the award shall be paid out of the county's pro rata share of the county aid fund, regardless of whether the funds are being administered by the department on the date of the award.
Acts 1931, ch. 45, § 3-A, as added by Acts 1945, ch. 179, § 2; C. Supp. 1950, § 3291.4 (Williams, § 3291.3b); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-404; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-12-109 — TN Code / Title 54 / Chapter 12 / Section 54-12-109
Objections, filing - Assessment for preliminary costs and expenses - Decree
Status: in_force

(a) The landowners shall make their appearance and file their objections, if any, on or before twelve o'clock (12:00) noon of the day set for hearing. (b) After the hour fixed for the filing of objections, the monthly county court shall proceed to hear and determine the matter of making an assessment to raise a fund for the payment of the preliminary costs and expenses. (c) The court will determine from the proof offered, approximately, the amount necessary to cover the cost and expenses, and if the court is of the opinion that it is not expedient to make an assessment for those purposes, the court shall so decree; but if the court is of the opinion that it is expedient, the court shall make an assessment for the amount determined upon the respective tracts of land set out in the petition, and make the assessment on the basis of acreage. Acts 1919, ch. 193, § 4; Shan. Supp., § 1682a16; Code 1932, § 2829; modified; T.C.A. (orig. ed.), § 54-1309.
(a) The landowners shall make their appearance and file their objections, if any, on or before twelve o'clock (12:00) noon of the day set for hearing.
(b) After the hour fixed for the filing of objections, the monthly county court shall proceed to hear and determine the matter of making an assessment to raise a fund for the payment of the preliminary costs and expenses.
(c) The court will determine from the proof offered, approximately, the amount necessary to cover the cost and expenses, and if the court is of the opinion that it is not expedient to make an assessment for those purposes, the court shall so decree; but if the court is of the opinion that it is expedient, the court shall make an assessment for the amount determined upon the respective tracts of land set out in the petition, and make the assessment on the basis of acreage.
Acts 1919, ch. 193, § 4; Shan. Supp., § 1682a16; Code 1932, § 2829; modified; T.C.A. (orig. ed.), § 54-1309.
Tenn. Code Ann. § 54-1-401 — TN Code / Title 54 / Chapter 1 / Section 54-1-401
Litter prevention and control
Status: in_force

In recognition of the exorbitant societal costs associated with littering and in the interest of a cleaner, more beautiful Tennessee, the department of transportation is authorized to establish a litter prevention and control program. Amended by 2013 Tenn. Acts, ch. 308,s 4, eff. 7/1/2013. Acts 2005, ch. 128, § 1.
In recognition of the exorbitant societal costs associated with littering and in the interest of a cleaner, more beautiful Tennessee, the department of transportation is authorized to establish a litter prevention and control program.
Amended by 2013 Tenn. Acts, ch. 308,s 4, eff. 7/1/2013.
Acts 2005, ch. 128, § 1.
Tenn. Code Ann. § 54-9-134 — TN Code / Title 54 / Chapter 9 / Section 54-9-134
Oath of engineers
Status: in_force

Each engineer so employed shall take and subscribe an oath before entering upon the engineer's duties that all work will be honestly and faithfully executed as entrusted to the engineer's care, without partiality to any section of the county. Acts 1913 (1st E.S.), ch. 26, § 11; Shan., § 1695a36; Code 1932, § 2997; T.C.A. (orig. ed.), § 54-836.
Each engineer so employed shall take and subscribe an oath before entering upon the engineer's duties that all work will be honestly and faithfully executed as entrusted to the engineer's care, without partiality to any section of the county.
Acts 1913 (1st E.S.), ch. 26, § 11; Shan., § 1695a36; Code 1932, § 2997; T.C.A. (orig. ed.), § 54-836.
Tenn. Code Ann. § 54-10-105 — TN Code / Title 54 / Chapter 10 / Section 54-10-105
Survey of roads to ascertain needed improvements - Estimates
Status: in_force

(a) Any county legislative body, a majority of the members assenting, may elect or appoint three (3) commissioners authorized to employ engineers and other necessary and expert service to survey, inspect, and classify all roads that have already been laid off or accepted by the county as public roads, and make maps and charts of the roads, showing the changes and improvements that public interest requires to be made on the roads. (b) The employed personnel and necessary and expert service may also survey, inspect, lay off, and classify any new road or roads, or extension of old roads that, in the opinion of the commission, the public welfare requires to be opened or extended. (c) The improvements authorized by this section include grading, filling, extending, metaling, ditching, widening, bridging, draining and ditching, piping, sewering, and crossings of roads, as well as all necessary material required in the construction of the road, roads, and crossings. (d) The commission shall ascertain and report in detail the probable or approximate cost of making the improvements, together with the probable damages that will be done to adjacent lands by the changes. Acts 1891, ch. 211, § 1; Shan., § 1686; Code 1932, § 2959; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-920.
(a) Any county legislative body, a majority of the members assenting, may elect or appoint three (3) commissioners authorized to employ engineers and other necessary and expert service to survey, inspect, and classify all roads that have already been laid off or accepted by the county as public roads, and make maps and charts of the roads, showing the changes and improvements that public interest requires to be made on the roads.
(b) The employed personnel and necessary and expert service may also survey, inspect, lay off, and classify any new road or roads, or extension of old roads that, in the opinion of the commission, the public welfare requires to be opened or extended.
(c) The improvements authorized by this section include grading, filling, extending, metaling, ditching, widening, bridging, draining and ditching, piping, sewering, and crossings of roads, as well as all necessary material required in the construction of the road, roads, and crossings.
(d) The commission shall ascertain and report in detail the probable or approximate cost of making the improvements, together with the probable damages that will be done to adjacent lands by the changes.
Acts 1891, ch. 211, § 1; Shan., § 1686; Code 1932, § 2959; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-920.
Tenn. Code Ann. § 54-14-107 — TN Code / Title 54 / Chapter 14 / Section 54-14-107
Oath of jury of view
Status: in_force

Before proceeding to act, the jury shall be sworn by the sheriff to fairly and impartially and without fear or favor to perform their duties as jurors, and to lay off by metes and bounds lands suitable for the easement or right-of-way and to inquire of and to assess the damages. Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a5; Code 1932, § 2751; T.C.A. (orig. ed.), § 54-1907.
Before proceeding to act, the jury shall be sworn by the sheriff to fairly and impartially and without fear or favor to perform their duties as jurors, and to lay off by metes and bounds lands suitable for the easement or right-of-way and to inquire of and to assess the damages.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a5; Code 1932, § 2751; T.C.A. (orig. ed.), § 54-1907.
Tenn. Code Ann. § 54-18-218 — TN Code / Title 54 / Chapter 18 / Section 54-18-218
Penalties for unlawful building
Status: in_force

(a) The owner, lessee, tenant, or person otherwise in control of any land located within the lines of any mapped highway as shown on an official map, or the agent of the owner, lessee, tenant or controller who erects or constructs on the land any building contrary to or in violation of any provision of this part commits a Class C misdemeanor. (b) Each and every month during which the illegal building, structure or part of the building or structure continues is a separate offense. Acts 1965, ch. 251, § 19; T.C.A., §§ 54-2218, 54-19-118; Acts 1989, ch. 591, § 113.
(a) The owner, lessee, tenant, or person otherwise in control of any land located within the lines of any mapped highway as shown on an official map, or the agent of the owner, lessee, tenant or controller who erects or constructs on the land any building contrary to or in violation of any provision of this part commits a Class C misdemeanor.
(b) Each and every month during which the illegal building, structure or part of the building or structure continues is a separate offense.
Acts 1965, ch. 251, § 19; T.C.A., §§ 54-2218, 54-19-118; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 54-7-203 — TN Code / Title 54 / Chapter 7 / Section 54-7-203
Personal financial interest prohibited - Penalties
Status: in_force

(a) Neither the chief administrative officer, county highway commissioner, member of the county governing body nor any employee of the county road department shall be financially interested in or have any personal interest, either directly or indirectly, in the purchase of any supplies, machinery, materials, equipment or contractual services for the department or system of roads for the county, nor in any firm, corporation, partnership, association or individual selling or furnishing the machinery, equipment, supplies and materials. (b) A violation of this section constitutes official misconduct and is a Class C misdemeanor and is grounds for removal from office. Acts 1974, ch. 738, § 15; T.C.A., § 54-1016; Acts 1980, ch. 682, § 1; 1989, ch. 591, § 113; 2012, ch. 640, § 3.
(a) Neither the chief administrative officer, county highway commissioner, member of the county governing body nor any employee of the county road department shall be financially interested in or have any personal interest, either directly or indirectly, in the purchase of any supplies, machinery, materials, equipment or contractual services for the department or system of roads for the county, nor in any firm, corporation, partnership, association or individual selling or furnishing the machinery, equipment, supplies and materials.
(b) A violation of this section constitutes official misconduct and is a Class C misdemeanor and is grounds for removal from office.
Acts 1974, ch. 738, § 15; T.C.A., § 54-1016; Acts 1980, ch. 682, § 1; 1989, ch. 591, § 113; 2012, ch. 640, § 3.
Tenn. Code Ann. § 54-5-601 — TN Code / Title 54 / Chapter 5 / Section 54-5-601
Maintenance of signal light on state highway without commissioner's approval - Misdemeanor
Status: in_force

Any person who installs or maintains a signal light on a state highway without having secured prior written approval of the commissioner commits a Class C misdemeanor. Impl. am. Acts 1959, ch. 9, § 3; Acts 1961, ch. 21, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-559; Acts 1981, ch. 264, § 12; 1989, ch. 591, § 113.
Any person who installs or maintains a signal light on a state highway without having secured prior written approval of the commissioner commits a Class C misdemeanor.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1961, ch. 21, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-559; Acts 1981, ch. 264, § 12; 1989, ch. 591, § 113.
Tenn. Code Ann. § 54-5-136 — TN Code / Title 54 / Chapter 5 / Section 54-5-136
Personal property encroachments on rights-of-way
Status: in_force

(a) (1) (A) The department is authorized to remove, store, sell and dispose of personal property encroachments on the rights-of-way of highways under its jurisdiction at the expense of the owner. (B) If the encroachment presents an immediate danger to the traveling public, the department may remove the encroachment without prior notice to the owner. If the owner's name and address can be ascertained by reasonable inquiry after removal, the department shall give the owner notice, by certified mail, within ten (10) calendar days of removal. (C) If the encroachment does not present an immediate danger to the traveling public and the owner's name and address can be ascertained by reasonable inquiry, the department shall give the owner ten (10) calendar days' notice, by certified mail, of its intent to remove the encroachment at the owner's expense. The ten-day period shall run from the fourth day after the mailing of the notice. Upon expiration of that period, the department may remove the encroachment. (2) The owner of personal property encroaching on the right-of-way of a highway under the jurisdiction of the department shall be liable for any damages caused to the department or to third parties by the encroaching property. (3) The department does not have a duty to find or remove personal property encroachments on the rights-of-way under its jurisdiction. If the department receives actual notice that an encroachment presents a hazard to those traveling on the adjacent roadway, the department shall, if the owner's name and address can be ascertained by reasonable inquiry, notify the owner of the property and instruct the property owner to remove the encroachment immediately. The notice shall be sent by certified mail, return receipt requested. After notice, or if unable to locate the owner's name and address after reasonable inquiry, the department may remove the encroachment pursuant to subdivision (a)(1). (b) (1) If removed property is declared by the department to have value to the public and is capable of transport by ordinary means, it shall be stored on department property for thirty (30) days, during which time the owner may claim the property after paying related expenses incurred by the department. (2) If the property is not so claimed, then it shall be offered for sale to the public after notice posted in the county courthouse of the county in which the property was located prior to removal. (3) The owner shall be entitled to the proceeds of any sale, less costs, if claimed within one (1) year following the sale; otherwise, the proceeds shall vest in the department and become part of the highway fund to defray expenses in carrying out this section. (c) If removed property is declared to have no value to the public or not purchased at public sale, or the property is incapable of removal by ordinary means, it shall vest in the department to be disposed of as it determines. Acts 1984, ch. 791, § 1; 2002, ch. 811, § 1.
(a) (1) (A) The department is authorized to remove, store, sell and dispose of personal property encroachments on the rights-of-way of highways under its jurisdiction at the expense of the owner. (B) If the encroachment presents an immediate danger to the traveling public, the department may remove the encroachment without prior notice to the owner. If the owner's name and address can be ascertained by reasonable inquiry after removal, the department shall give the owner notice, by certified mail, within ten (10) calendar days of removal. (C) If the encroachment does not present an immediate danger to the traveling public and the owner's name and address can be ascertained by reasonable inquiry, the department shall give the owner ten (10) calendar days' notice, by certified mail, of its intent to remove the encroachment at the owner's expense. The ten-day period shall run from the fourth day after the mailing of the notice. Upon expiration of that period, the department may remove the encroachment. (2) The owner of personal property encroaching on the right-of-way of a highway under the jurisdiction of the department shall be liable for any damages caused to the department or to third parties by the encroaching property. (3) The department does not have a duty to find or remove personal property encroachments on the rights-of-way under its jurisdiction. If the department receives actual notice that an encroachment presents a hazard to those traveling on the adjacent roadway, the department shall, if the owner's name and address can be ascertained by reasonable inquiry, notify the owner of the property and instruct the property owner to remove the encroachment immediately. The notice shall be sent by certified mail, return receipt requested. After notice, or if unable to locate the owner's name and address after reasonable inquiry, the department may remove the encroachment pursuant to subdivision (a)(1).
(1) (A) The department is authorized to remove, store, sell and dispose of personal property encroachments on the rights-of-way of highways under its jurisdiction at the expense of the owner. (B) If the encroachment presents an immediate danger to the traveling public, the department may remove the encroachment without prior notice to the owner. If the owner's name and address can be ascertained by reasonable inquiry after removal, the department shall give the owner notice, by certified mail, within ten (10) calendar days of removal. (C) If the encroachment does not present an immediate danger to the traveling public and the owner's name and address can be ascertained by reasonable inquiry, the department shall give the owner ten (10) calendar days' notice, by certified mail, of its intent to remove the encroachment at the owner's expense. The ten-day period shall run from the fourth day after the mailing of the notice. Upon expiration of that period, the department may remove the encroachment.
(A) The department is authorized to remove, store, sell and dispose of personal property encroachments on the rights-of-way of highways under its jurisdiction at the expense of the owner.
(B) If the encroachment presents an immediate danger to the traveling public, the department may remove the encroachment without prior notice to the owner. If the owner's name and address can be ascertained by reasonable inquiry after removal, the department shall give the owner notice, by certified mail, within ten (10) calendar days of removal.
(C) If the encroachment does not present an immediate danger to the traveling public and the owner's name and address can be ascertained by reasonable inquiry, the department shall give the owner ten (10) calendar days' notice, by certified mail, of its intent to remove the encroachment at the owner's expense. The ten-day period shall run from the fourth day after the mailing of the notice. Upon expiration of that period, the department may remove the encroachment.
(2) The owner of personal property encroaching on the right-of-way of a highway under the jurisdiction of the department shall be liable for any damages caused to the department or to third parties by the encroaching property.
(3) The department does not have a duty to find or remove personal property encroachments on the rights-of-way under its jurisdiction. If the department receives actual notice that an encroachment presents a hazard to those traveling on the adjacent roadway, the department shall, if the owner's name and address can be ascertained by reasonable inquiry, notify the owner of the property and instruct the property owner to remove the encroachment immediately. The notice shall be sent by certified mail, return receipt requested. After notice, or if unable to locate the owner's name and address after reasonable inquiry, the department may remove the encroachment pursuant to subdivision (a)(1).
(b) (1) If removed property is declared by the department to have value to the public and is capable of transport by ordinary means, it shall be stored on department property for thirty (30) days, during which time the owner may claim the property after paying related expenses incurred by the department. (2) If the property is not so claimed, then it shall be offered for sale to the public after notice posted in the county courthouse of the county in which the property was located prior to removal. (3) The owner shall be entitled to the proceeds of any sale, less costs, if claimed within one (1) year following the sale; otherwise, the proceeds shall vest in the department and become part of the highway fund to defray expenses in carrying out this section.
(1) If removed property is declared by the department to have value to the public and is capable of transport by ordinary means, it shall be stored on department property for thirty (30) days, during which time the owner may claim the property after paying related expenses incurred by the department.
(2) If the property is not so claimed, then it shall be offered for sale to the public after notice posted in the county courthouse of the county in which the property was located prior to removal.
(3) The owner shall be entitled to the proceeds of any sale, less costs, if claimed within one (1) year following the sale; otherwise, the proceeds shall vest in the department and become part of the highway fund to defray expenses in carrying out this section.
(c) If removed property is declared to have no value to the public or not purchased at public sale, or the property is incapable of removal by ordinary means, it shall vest in the department to be disposed of as it determines.
Acts 1984, ch. 791, § 1; 2002, ch. 811, § 1.
Tenn. Code Ann. § 54-12-403 — TN Code / Title 54 / Chapter 12 / Section 54-12-403
Payment in full amount of benefit assessed against land before bonds are issued
Status: in_force

(a) Any property owner may pay the full amount of the benefit assessed against the owner's property before the bonds are issued and receive a receipt in full for the payment. (b) The payment shall be made to the county trustee, and it shall be the duty of the county clerk to certify to the trustee the amount of the assessment when requested to do so. (c) The trustee shall enter the payment upon the assessment lists in the trustee's hands in a separate place provided for the payments, and furnish the county clerk with duplicate receipts given for all assessments paid in full, one (1) of which the clerk shall deliver to the county mayor, and the trustee shall also give a receipt to the property owner so paying in full. Acts 1919, ch. 193, § 85; Shan. Supp., § 1682a99; Code 1932, § 2913; modified; T.C.A. (orig. ed.), § 54-1603; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 2003, ch. 90, § 2.
(a) Any property owner may pay the full amount of the benefit assessed against the owner's property before the bonds are issued and receive a receipt in full for the payment.
(b) The payment shall be made to the county trustee, and it shall be the duty of the county clerk to certify to the trustee the amount of the assessment when requested to do so.
(c) The trustee shall enter the payment upon the assessment lists in the trustee's hands in a separate place provided for the payments, and furnish the county clerk with duplicate receipts given for all assessments paid in full, one (1) of which the clerk shall deliver to the county mayor, and the trustee shall also give a receipt to the property owner so paying in full.
Acts 1919, ch. 193, § 85; Shan. Supp., § 1682a99; Code 1932, § 2913; modified; T.C.A. (orig. ed.), § 54-1603; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 54-12-214 — TN Code / Title 54 / Chapter 12 / Section 54-12-214
Levy of assessments - Collected as other taxes - Paid out on county warrant
Status: in_force

(a) The assessments shall be levied upon the lands of the owners so benefited in the ratio mentioned in § 54-12-204 , and shall be collected in the same manner as taxes for county purposes, except as specifically provided in this part. (b) The funds collected shall be kept as a separate fund, and shall be paid out only for purposes properly connected with the improvement, and on the order or warrant of the county mayor. Acts 1919, ch. 193, § 54; Shan. Supp., § 1682a68; Code 1932, § 2882; modified; T.C.A. (orig. ed.), § 54-1414; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 2003 ch. 90, § 2.
(a) The assessments shall be levied upon the lands of the owners so benefited in the ratio mentioned in § 54-12-204 , and shall be collected in the same manner as taxes for county purposes, except as specifically provided in this part.
(b) The funds collected shall be kept as a separate fund, and shall be paid out only for purposes properly connected with the improvement, and on the order or warrant of the county mayor.
Acts 1919, ch. 193, § 54; Shan. Supp., § 1682a68; Code 1932, § 2882; modified; T.C.A. (orig. ed.), § 54-1414; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 2003 ch. 90, § 2.
Tenn. Code Ann. § 54-12-149 — TN Code / Title 54 / Chapter 12 / Section 54-12-149
Trial with or without a jury in circuit court
Status: in_force

The trial in the circuit court shall be with or without a jury, as the court may deem the right of the parties to be, under the particular issues to be tried, the right to a jury being accorded wherever the parties have the right under the law of the land. Acts 1919, ch. 193, § 39; Shan. Supp., § 1682a50; Code 1932, § 2864; T.C.A. (orig. ed.), § 54-1349.
The trial in the circuit court shall be with or without a jury, as the court may deem the right of the parties to be, under the particular issues to be tried, the right to a jury being accorded wherever the parties have the right under the law of the land.
Acts 1919, ch. 193, § 39; Shan. Supp., § 1682a50; Code 1932, § 2864; T.C.A. (orig. ed.), § 54-1349.
Tenn. Code Ann. § 54-12-302 — TN Code / Title 54 / Chapter 12 / Section 54-12-302
Vacancy, filling - Removal of director - Appeal from order of removal - Appeal bond - Hearing anew in circuit court - Appointment of another
Status: in_force

(a) If there is a vacancy in the office of the director appointed pursuant to § 54-12-301 because of death, resignation or any other reason, the monthly county court shall appoint another director of like qualifications to fill the vacancy until the end of the two-year term. (b) For sufficient reason, the monthly county court may remove an appointed director, but not until the director has had at least five-days' notice of the time of the hearing and of the grounds for removal as alleged, and the director shall thus be entitled to be heard and to introduce proof upon the issue as to whether removal should be undertaken. (c) If, on hearing, the decision of the monthly county court is that the director be removed, the director may appeal from the decision, upon giving proper cost bond, to the circuit court of the county where the matter shall be heard anew and judgment given as that court deems just and proper. (d) If a director is removed, the monthly county court shall appoint another to serve the remainder of the two-year term, having like qualifications as to ownership of lands, etc., as provided in § 54-12-301 . Acts 1919, ch. 193, § 69; Shan. Supp., § 1682a83; Code 1932, § 2897; modified; T.C.A. (orig. ed.), § 54-1502.
(a) If there is a vacancy in the office of the director appointed pursuant to § 54-12-301 because of death, resignation or any other reason, the monthly county court shall appoint another director of like qualifications to fill the vacancy until the end of the two-year term.
(b) For sufficient reason, the monthly county court may remove an appointed director, but not until the director has had at least five-days' notice of the time of the hearing and of the grounds for removal as alleged, and the director shall thus be entitled to be heard and to introduce proof upon the issue as to whether removal should be undertaken.
(c) If, on hearing, the decision of the monthly county court is that the director be removed, the director may appeal from the decision, upon giving proper cost bond, to the circuit court of the county where the matter shall be heard anew and judgment given as that court deems just and proper.
(d) If a director is removed, the monthly county court shall appoint another to serve the remainder of the two-year term, having like qualifications as to ownership of lands, etc., as provided in § 54-12-301 .
Acts 1919, ch. 193, § 69; Shan. Supp., § 1682a83; Code 1932, § 2897; modified; T.C.A. (orig. ed.), § 54-1502.
Tenn. Code Ann. § 54-12-113 — TN Code / Title 54 / Chapter 12 / Section 54-12-113
Bonds of trustee and clerk
Status: in_force

The county trustee or trustees, before receiving the assessment roll or book and proceeding to the collection of the assessments, and the county clerk, before receiving the funds from the trustee or trustees, shall respectively enter into a bond in double the amount that will come into their hands, respectively, payable to the state, and conditioned for the faithful paying over and accounting for the funds arising from the assessment. Acts 1919, ch. 193, § 8; Shan. Supp., § 1682a19; Code 1932, § 2833; modified; T.C.A. (orig. ed.), § 54-1313; impl. am. Acts 1978, ch. 934, §§ 22, 36.
The county trustee or trustees, before receiving the assessment roll or book and proceeding to the collection of the assessments, and the county clerk, before receiving the funds from the trustee or trustees, shall respectively enter into a bond in double the amount that will come into their hands, respectively, payable to the state, and conditioned for the faithful paying over and accounting for the funds arising from the assessment.
Acts 1919, ch. 193, § 8; Shan. Supp., § 1682a19; Code 1932, § 2833; modified; T.C.A. (orig. ed.), § 54-1313; impl. am. Acts 1978, ch. 934, §§ 22, 36.
Tenn. Code Ann. § 54-5-710 — TN Code / Title 54 / Chapter 5 / Section 54-5-710
Directional signs denoting certain airports
Status: in_force

The department is directed to implement a directional signing program on the state's section of the national system of interstate and defense highways denoting airports located not more than ten (10) miles from the highway as follows: (1) All such airports providing service to five thousand (5,000) commercial passengers per day if the airport is located in a county having a population of more than one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census; (2) All such airports providing service to three thousand (3,000) commercial passengers per day if the airport is located in a county having a population of less than one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census; and (3) All such airports that are regional airports: (A) Having at least a six thousand foot (6,000') runway with at least two thousand three hundred feet (2,300') of approach lead in strobe lights; (B) Having at least fifty-eight (58) hangars; (C) Complying with all federal design/safety standards; (D) Having an instrument landing system with distance measuring equipment (ILS/DME); (E) Serving as the prime staging area for regional disaster preparedness and relief; and (F) Providing full-time trauma hospital flight access service. Acts 2008 , ch. 1170, § 1.
The department is directed to implement a directional signing program on the state's section of the national system of interstate and defense highways denoting airports located not more than ten (10) miles from the highway as follows:
(1) All such airports providing service to five thousand (5,000) commercial passengers per day if the airport is located in a county having a population of more than one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census;
(2) All such airports providing service to three thousand (3,000) commercial passengers per day if the airport is located in a county having a population of less than one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census; and
(3) All such airports that are regional airports: (A) Having at least a six thousand foot (6,000') runway with at least two thousand three hundred feet (2,300') of approach lead in strobe lights; (B) Having at least fifty-eight (58) hangars; (C) Complying with all federal design/safety standards; (D) Having an instrument landing system with distance measuring equipment (ILS/DME); (E) Serving as the prime staging area for regional disaster preparedness and relief; and (F) Providing full-time trauma hospital flight access service.
(A) Having at least a six thousand foot (6,000') runway with at least two thousand three hundred feet (2,300') of approach lead in strobe lights;
(B) Having at least fifty-eight (58) hangars;
(C) Complying with all federal design/safety standards;
(D) Having an instrument landing system with distance measuring equipment (ILS/DME);
(E) Serving as the prime staging area for regional disaster preparedness and relief; and
(F) Providing full-time trauma hospital flight access service.
Acts 2008 , ch. 1170, § 1.
Tenn. Code Ann. § 54-18-205 — TN Code / Title 54 / Chapter 18 / Section 54-18-205
Public hearing - Notice
Status: in_force

(a) Upon receipt of the certified map, the legislative body shall hold a public hearing on the map, notice of the time and place of which shall be given no less than fifteen (15) days prior to the time fixed for the hearing by one (1) publication in a newspaper of general circulation in the county or municipality. (b) The notice shall state the place at which the proposed official map may be examined. Acts 1965, ch. 251, § 5; T.C.A., §§ 54-2205, 54-19-105.
(a) Upon receipt of the certified map, the legislative body shall hold a public hearing on the map, notice of the time and place of which shall be given no less than fifteen (15) days prior to the time fixed for the hearing by one (1) publication in a newspaper of general circulation in the county or municipality.
(b) The notice shall state the place at which the proposed official map may be examined.
Acts 1965, ch. 251, § 5; T.C.A., §§ 54-2205, 54-19-105.
Tenn. Code Ann. § 54-14-119 — TN Code / Title 54 / Chapter 14 / Section 54-14-119
No right to easement or right-of-way if cut-off or obstruction result of intentional and knowing action of the owner of surrounding land
Status: in_force

Notwithstanding § 54-14-102 , there is no right to have an easement or right-of-way condemned and set aside for the benefit of the land surrounded or enclosed by the lands of any other person if the court determines that the ingress or egress to and from the surrounded or enclosed land is cut off or obstructed entirely from a public road or highway as a result of the intentional and knowing action of the owner of the surrounded or enclosed land. Acts 2020, ch. 703, § 3.
Notwithstanding § 54-14-102 , there is no right to have an easement or right-of-way condemned and set aside for the benefit of the land surrounded or enclosed by the lands of any other person if the court determines that the ingress or egress to and from the surrounded or enclosed land is cut off or obstructed entirely from a public road or highway as a result of the intentional and knowing action of the owner of the surrounded or enclosed land.
Acts 2020, ch. 703, § 3.
Tenn. Code Ann. § 54-12-148 — TN Code / Title 54 / Chapter 12 / Section 54-12-148
Costs in discretion of circuit court
Status: in_force

On the appeals, it shall rest in the discretion of the circuit court how costs shall be adjudged and distributed among the litigants. Acts 1919, ch. 193, § 38; Shan. Supp., § 1682a49; Code 1932, § 2863; T.C.A. (orig. ed.), § 54-1348.
On the appeals, it shall rest in the discretion of the circuit court how costs shall be adjudged and distributed among the litigants.
Acts 1919, ch. 193, § 38; Shan. Supp., § 1682a49; Code 1932, § 2863; T.C.A. (orig. ed.), § 54-1348.
Tenn. Code Ann. § 54-6-115 — TN Code / Title 54 / Chapter 6 / Section 54-6-115
Termination of comprehensive agreement by public entity-Remedies
Status: in_force

(a) The responsible public entity may terminate a comprehensive agreement for a qualifying transportation facility: (1) If a material default, as defined in the comprehensive agreement, in the performance of the eligible private entity's duties under the comprehensive agreement or under the service contract, if any, has occurred and is continuing; (2) If development, redevelopment, or operation of the qualifying transportation facility has not begun by the date established by the responsible public entity as such date has been extended; (3) For failure to provide reasonably adequate service and facilities at reasonable and uniform user fees as provided by this chapter; or (4) For failure to comply with any order of a court of record. (b) Prior to any termination of a comprehensive agreement, the responsible public entity shall give written notice to the eligible private entity and any person providing financing for the qualifying transportation facility, including any trustee or agent for any person providing financing. The eligible private entity and the persons providing financing for the qualifying transportation facility shall be entitled to a reasonable time period to cure the event that could lead to termination of the comprehensive agreement. (c) Upon the termination of the comprehensive agreement, the responsible public entity may exercise any or all of the following remedies: (1) The responsible public entity may elect to take over the transportation facility and in such case it shall succeed to all of the right, title, and interest in such transportation facility, subject to any liens on revenues previously granted by the eligible private entity to any person providing financing therefor and subject to subsection (d). Any liens on the real estate and tangible property comprising the transportation facility or facilities shall be deemed to be extinguished and shall be released on request if the responsible public entity takes over the qualifying transportation facility pursuant to this subsection (c); (2) Any responsible public entity having the power of condemnation under applicable eminent domain law may exercise such power of condemnation to acquire the qualifying transportation facility. Nothing in this chapter shall be construed to limit the exercise of the power of condemnation by eminent domain by any responsible public entity against a qualifying transportation facility after termination of the comprehensive agreement. Any person that has provided financing for the qualifying transportation facility, and the eligible private entity, to the extent of the person's capital investment, may be entitled to certain compensation as set forth in the comprehensive agreement; or (3) The responsible public entity may exercise all other rights and remedies which may be available to it at law or in equity. (d) In the event the responsible public entity elects to take over a qualifying transportation facility pursuant to subdivision (c)(1), the responsible public entity may develop, redevelop, or operate the transportation facility, impose user fees for the use of the transportation facility, and comply with any service contracts as if it were the eligible private entity. Any revenues that are subject to a lien shall be collected for the benefit of, and paid to, secured parties, as their interests may appear, to the extent necessary to satisfy the eligible private entity's obligations to secured parties, including the maintenance of reserves, and such liens shall be correspondingly reduced and, when paid off, released. Before applying such payments to or for the benefit of secured parties, the responsible public entity may use revenues to pay current development, redevelopment, and operation costs of the transportation facility, including compensation to the responsible public entity for its services in operating and maintaining the qualifying transportation facility. Remaining revenues, if any, after all such payments have been made shall be paid to the eligible private entity over the time period that the comprehensive agreement would have been in effect had it not been terminated. The right to receive such payment, if any, shall be considered just compensation for the transportation facility or facilities. (e) The full faith and credit and unlimited taxing power of the responsible public entity shall not be pledged to secure any financing of the eligible private entity by the election to take over the qualifying transportation facility. Assumption of development, redevelopment, or operation of the qualifying transportation facility shall not obligate the responsible public entity to pay any obligation of the eligible private entity from sources other than revenues. Added by 2016 Tenn. Acts, ch. 975, s 1, eff. 10/1/2016.
(a) The responsible public entity may terminate a comprehensive agreement for a qualifying transportation facility: (1) If a material default, as defined in the comprehensive agreement, in the performance of the eligible private entity's duties under the comprehensive agreement or under the service contract, if any, has occurred and is continuing; (2) If development, redevelopment, or operation of the qualifying transportation facility has not begun by the date established by the responsible public entity as such date has been extended; (3) For failure to provide reasonably adequate service and facilities at reasonable and uniform user fees as provided by this chapter; or (4) For failure to comply with any order of a court of record.
(1) If a material default, as defined in the comprehensive agreement, in the performance of the eligible private entity's duties under the comprehensive agreement or under the service contract, if any, has occurred and is continuing;
(2) If development, redevelopment, or operation of the qualifying transportation facility has not begun by the date established by the responsible public entity as such date has been extended;
(3) For failure to provide reasonably adequate service and facilities at reasonable and uniform user fees as provided by this chapter; or
(4) For failure to comply with any order of a court of record.
(b) Prior to any termination of a comprehensive agreement, the responsible public entity shall give written notice to the eligible private entity and any person providing financing for the qualifying transportation facility, including any trustee or agent for any person providing financing. The eligible private entity and the persons providing financing for the qualifying transportation facility shall be entitled to a reasonable time period to cure the event that could lead to termination of the comprehensive agreement.
(c) Upon the termination of the comprehensive agreement, the responsible public entity may exercise any or all of the following remedies: (1) The responsible public entity may elect to take over the transportation facility and in such case it shall succeed to all of the right, title, and interest in such transportation facility, subject to any liens on revenues previously granted by the eligible private entity to any person providing financing therefor and subject to subsection (d). Any liens on the real estate and tangible property comprising the transportation facility or facilities shall be deemed to be extinguished and shall be released on request if the responsible public entity takes over the qualifying transportation facility pursuant to this subsection (c); (2) Any responsible public entity having the power of condemnation under applicable eminent domain law may exercise such power of condemnation to acquire the qualifying transportation facility. Nothing in this chapter shall be construed to limit the exercise of the power of condemnation by eminent domain by any responsible public entity against a qualifying transportation facility after termination of the comprehensive agreement. Any person that has provided financing for the qualifying transportation facility, and the eligible private entity, to the extent of the person's capital investment, may be entitled to certain compensation as set forth in the comprehensive agreement; or (3) The responsible public entity may exercise all other rights and remedies which may be available to it at law or in equity.
(1) The responsible public entity may elect to take over the transportation facility and in such case it shall succeed to all of the right, title, and interest in such transportation facility, subject to any liens on revenues previously granted by the eligible private entity to any person providing financing therefor and subject to subsection (d). Any liens on the real estate and tangible property comprising the transportation facility or facilities shall be deemed to be extinguished and shall be released on request if the responsible public entity takes over the qualifying transportation facility pursuant to this subsection (c);
(2) Any responsible public entity having the power of condemnation under applicable eminent domain law may exercise such power of condemnation to acquire the qualifying transportation facility. Nothing in this chapter shall be construed to limit the exercise of the power of condemnation by eminent domain by any responsible public entity against a qualifying transportation facility after termination of the comprehensive agreement. Any person that has provided financing for the qualifying transportation facility, and the eligible private entity, to the extent of the person's capital investment, may be entitled to certain compensation as set forth in the comprehensive agreement; or
(3) The responsible public entity may exercise all other rights and remedies which may be available to it at law or in equity.
(d) In the event the responsible public entity elects to take over a qualifying transportation facility pursuant to subdivision (c)(1), the responsible public entity may develop, redevelop, or operate the transportation facility, impose user fees for the use of the transportation facility, and comply with any service contracts as if it were the eligible private entity. Any revenues that are subject to a lien shall be collected for the benefit of, and paid to, secured parties, as their interests may appear, to the extent necessary to satisfy the eligible private entity's obligations to secured parties, including the maintenance of reserves, and such liens shall be correspondingly reduced and, when paid off, released. Before applying such payments to or for the benefit of secured parties, the responsible public entity may use revenues to pay current development, redevelopment, and operation costs of the transportation facility, including compensation to the responsible public entity for its services in operating and maintaining the qualifying transportation facility. Remaining revenues, if any, after all such payments have been made shall be paid to the eligible private entity over the time period that the comprehensive agreement would have been in effect had it not been terminated. The right to receive such payment, if any, shall be considered just compensation for the transportation facility or facilities.
(e) The full faith and credit and unlimited taxing power of the responsible public entity shall not be pledged to secure any financing of the eligible private entity by the election to take over the qualifying transportation facility. Assumption of development, redevelopment, or operation of the qualifying transportation facility shall not obligate the responsible public entity to pay any obligation of the eligible private entity from sources other than revenues.
Added by 2016 Tenn. Acts, ch. 975, s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-5-102 — TN Code / Title 54 / Chapter 5 / Section 54-5-102
Main traveled roads - Designation
Status: in_force

(a) The commissioner is given the power to proceed to designate main traveled roads, with a view to connecting all county seats, and also to designate other main traveled roads, that are deemed of sufficient importance to be included in the general highway plan of the state, and receive for their construction and improvement financial aid under this chapter and chapters 1 and 2 of this title. (b) It is the intent of the general assembly that all county seats should be connected by a four-lane highway to the nearest interstate highway by the best route available. Acts 1919, ch. 149, § 7; impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b7; Code 1932, § 3176; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-502; Acts 1981, ch. 264, § 12; 1995, ch. 348, § 3; 2007, ch. 155, § 1.
(a) The commissioner is given the power to proceed to designate main traveled roads, with a view to connecting all county seats, and also to designate other main traveled roads, that are deemed of sufficient importance to be included in the general highway plan of the state, and receive for their construction and improvement financial aid under this chapter and chapters 1 and 2 of this title.
(b) It is the intent of the general assembly that all county seats should be connected by a four-lane highway to the nearest interstate highway by the best route available.
Acts 1919, ch. 149, § 7; impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b7; Code 1932, § 3176; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-502; Acts 1981, ch. 264, § 12; 1995, ch. 348, § 3; 2007, ch. 155, § 1.
Tenn. Code Ann. § 54-5-101 — TN Code / Title 54 / Chapter 5 / Section 54-5-101
System of state highways - Designation by department for construction, repair or maintenance
Status: in_force

The department of transportation has full power, and it is made its duty, through its highway engineers or otherwise, to designate a system of state highways, to designate the road or roads to be constructed, repaired, or maintained by the use of the funds mentioned in chapter 2 of this title, and to lay out and locate all such roads. Acts 1917, ch. 74, § 5; Shan., § 1720a29b16 (p. 6549); Shan. Supp., § 1720a7b47; Code 1932, § 3205; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-501; Acts 1981, ch. 264, § 12.
The department of transportation has full power, and it is made its duty, through its highway engineers or otherwise, to designate a system of state highways, to designate the road or roads to be constructed, repaired, or maintained by the use of the funds mentioned in chapter 2 of this title, and to lay out and locate all such roads.
Acts 1917, ch. 74, § 5; Shan., § 1720a29b16 (p. 6549); Shan. Supp., § 1720a7b47; Code 1932, § 3205; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-501; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-9-124 — TN Code / Title 54 / Chapter 9 / Section 54-9-124
Contracts let upon advertised competitive biddings - Bid accepted
Status: in_force

(a) All work of grading, macadamizing, concreting, bridge building, etc., shall be let to contractors by the commissioners. It shall be their duty to advertise the letting or lettings in one (1) or more newspapers published in the county and otherwise as their judgment may direct, and receive sealed bids for the work. (b) They shall adopt, not later than one (1) week after the time set for opening the bids, the bid of the lowest responsible bidder, if in their judgment to do so would be to the best interest of the county and taxpayers. Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a26; Code 1932, § 2987; T.C.A. (orig. ed.), § 54-826.
(a) All work of grading, macadamizing, concreting, bridge building, etc., shall be let to contractors by the commissioners. It shall be their duty to advertise the letting or lettings in one (1) or more newspapers published in the county and otherwise as their judgment may direct, and receive sealed bids for the work.
(b) They shall adopt, not later than one (1) week after the time set for opening the bids, the bid of the lowest responsible bidder, if in their judgment to do so would be to the best interest of the county and taxpayers.
Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a26; Code 1932, § 2987; T.C.A. (orig. ed.), § 54-826.
Tenn. Code Ann. § 54-1-506 — TN Code / Title 54 / Chapter 1 / Section 54-1-506
Debriefing on selection process
Status: in_force

After the protest period has expired, and the contract for pre-construction services has been awarded, the department's procurement files shall be subject to public inspection pursuant to § 10-7-504(a)(7) , and the department shall, upon request after award of the pre-construction services contract has been awarded, provide any unsuccessful proposer with a debriefing on the selection process. The debriefing shall be provided within the earliest mutually convenient time after award of the contract. The debriefing shall be limited to discussion of the strengths and weaknesses of the proposal submitted by the unsuccessful proposer and shall not include specific discussion of any other firm's competing proposal. Acts 2013, ch. 366, § 1; 2019, ch. 106, § 9.
After the protest period has expired, and the contract for pre-construction services has been awarded, the department's procurement files shall be subject to public inspection pursuant to § 10-7-504(a)(7) , and the department shall, upon request after award of the pre-construction services contract has been awarded, provide any unsuccessful proposer with a debriefing on the selection process. The debriefing shall be provided within the earliest mutually convenient time after award of the contract. The debriefing shall be limited to discussion of the strengths and weaknesses of the proposal submitted by the unsuccessful proposer and shall not include specific discussion of any other firm's competing proposal.
Acts 2013, ch. 366, § 1; 2019, ch. 106, § 9.
Tenn. Code Ann. § 54-12-201 — TN Code / Title 54 / Chapter 12 / Section 54-12-201
Appointment of commissioners - Qualifications
Status: in_force

When the road improvement district has been located and established as provided for in part 1 of this chapter, the monthly county court shall appoint three (3) commissioners, one (1) of whom shall be a competent civil engineer and two (2) of whom shall be freeholders of the county not living within the road improvement district and not interested in the road improvement district, or in a like question, nor related to any party whose land is affected. Acts 1919, ch. 193, § 44; Shan. Supp., § 1682a55; Code 1932, § 2869; modified; T.C.A. (orig. ed.), § 54-1401.
When the road improvement district has been located and established as provided for in part 1 of this chapter, the monthly county court shall appoint three (3) commissioners, one (1) of whom shall be a competent civil engineer and two (2) of whom shall be freeholders of the county not living within the road improvement district and not interested in the road improvement district, or in a like question, nor related to any party whose land is affected.
Acts 1919, ch. 193, § 44; Shan. Supp., § 1682a55; Code 1932, § 2869; modified; T.C.A. (orig. ed.), § 54-1401.
Tenn. Code Ann. § 54-5-126 — TN Code / Title 54 / Chapter 5 / Section 54-5-126
Judge hearing suit - Procedure
Status: in_force

(a) Where suit is brought by any claimant or claimants before a judge of the court of general sessions, the voucher or warrant shall be payable to the order of the judge before whom the suit is pending, but no judge shall endorse or have cashed the voucher or warrant until the disposition of the case or cases pending, when the judge may endorse and deliver the voucher or warrant to the party entitled to the voucher or warrant, or endorse and cash the voucher or warrant for the purpose of distribution of the proceeds to the parties entitled to the proceeds. (b) In all instances where the commissioner's decision is appealed unless the voucher or warrant is endorsed and cashed for the purposes of partial distribution, the judge shall endorse the voucher or warrant to the circuit court clerk on appeal and transmit it with the appeal papers. (c) Where the judge endorses and cashes the voucher or warrant for partial distribution, if any one (1) of several claimants appeals to the circuit court, the appellant shall transmit, with the appeal papers, cash equal to the amount of the claim concerning which the appeal or appeals are taken. Acts 1929, ch. 80, § 1; mod. Code 1932, § 3222; T.C.A. (orig. ed.), § 54-526; impl. am. Acts 1979, ch. 68, § 3.
(a) Where suit is brought by any claimant or claimants before a judge of the court of general sessions, the voucher or warrant shall be payable to the order of the judge before whom the suit is pending, but no judge shall endorse or have cashed the voucher or warrant until the disposition of the case or cases pending, when the judge may endorse and deliver the voucher or warrant to the party entitled to the voucher or warrant, or endorse and cash the voucher or warrant for the purpose of distribution of the proceeds to the parties entitled to the proceeds.
(b) In all instances where the commissioner's decision is appealed unless the voucher or warrant is endorsed and cashed for the purposes of partial distribution, the judge shall endorse the voucher or warrant to the circuit court clerk on appeal and transmit it with the appeal papers.
(c) Where the judge endorses and cashes the voucher or warrant for partial distribution, if any one (1) of several claimants appeals to the circuit court, the appellant shall transmit, with the appeal papers, cash equal to the amount of the claim concerning which the appeal or appeals are taken.
Acts 1929, ch. 80, § 1; mod. Code 1932, § 3222; T.C.A. (orig. ed.), § 54-526; impl. am. Acts 1979, ch. 68, § 3.
Tenn. Code Ann. § 54-6-121 — TN Code / Title 54 / Chapter 6 / Section 54-6-121
Effect on other laws
Status: in_force

(a) Nothing in this chapter amends or repeals in any manner this title or other provisions of law relating to the development, redevelopment, or operation of transportation facilities, or title 6 or title 12, chapter 3, or other provisions of law relating to procurement of goods and services by the state or other public entity. (b) This chapter supplements title 6 and title 12, chapter 3, and this title, to provide additional authority to procure and undertake the development, redevelopment, or operation of transportation facilities. (c) Except as provided in § 54-6-113(a) , nothing in title 6 or title 12, chapter 3, or this title, shall apply to the development, redevelopment, or operation of qualifying transportation facilities undertaken pursuant to the authority of this chapter. Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
(a) Nothing in this chapter amends or repeals in any manner this title or other provisions of law relating to the development, redevelopment, or operation of transportation facilities, or title 6 or title 12, chapter 3, or other provisions of law relating to procurement of goods and services by the state or other public entity.
(b) This chapter supplements title 6 and title 12, chapter 3, and this title, to provide additional authority to procure and undertake the development, redevelopment, or operation of transportation facilities.
(c) Except as provided in § 54-6-113(a) , nothing in title 6 or title 12, chapter 3, or this title, shall apply to the development, redevelopment, or operation of qualifying transportation facilities undertaken pursuant to the authority of this chapter.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-4-504 — TN Code / Title 54 / Chapter 4 / Section 54-4-504
Selection process - Eligibility
Status: in_force

(a) The commissioner shall develop a selection process for projects authorized to be funded under this part, and, furthermore, shall establish the policies and procedures by which this program shall be accomplished. (b) Eligible bridges shall be those located on public roads, other than those on a federal-aid system or the state system of highways. (c) In order for a local government to be considered eligible for participation in this program, it must be in compliance with any department recommendations, concerning the posting and enforcement of load limits, and the closure of structures, based upon national bridge inspection standards. Whenever the commissioner determines that no local government within a county geographical area has taken necessary action to assure maximum utilization of the program, the county geographical area may be considered ineligible to participate in the following fiscal year. Acts 1990, ch. 717, § 5.
(a) The commissioner shall develop a selection process for projects authorized to be funded under this part, and, furthermore, shall establish the policies and procedures by which this program shall be accomplished.
(b) Eligible bridges shall be those located on public roads, other than those on a federal-aid system or the state system of highways.
(c) In order for a local government to be considered eligible for participation in this program, it must be in compliance with any department recommendations, concerning the posting and enforcement of load limits, and the closure of structures, based upon national bridge inspection standards. Whenever the commissioner determines that no local government within a county geographical area has taken necessary action to assure maximum utilization of the program, the county geographical area may be considered ineligible to participate in the following fiscal year.
Acts 1990, ch. 717, § 5.
Tenn. Code Ann. § 54-7-201 — TN Code / Title 54 / Chapter 7 / Section 54-7-201
Obstruction of roads, bridges and ditches - Penalty - Removal
Status: in_force

(a) The chief administrative officer is authorized to remove or cause to be removed any fence, gate, or other obstruction from the roads, bridges and ditches of the county and to clean out and clear all fences and ditches along or adjacent to the county roads. (b) Any person who places or maintains an obstacle or obstruction upon the right-of-way of any county road and refuses to remove the obstacle or obstruction upon direction of the chief administrative officer to do so commits a Class C misdemeanor. (c) It is a Class C misdemeanor to place or cause to be placed any obstruction upon the right-of-way or in the ditches along any county road except that transmission lines, telephone or telegraph lines or poles may be placed on and along the right-of-way of any county road under the direction and with the permission of the chief administrative officer. (d) Notwithstanding any law to the contrary, this section shall apply to all counties. Amended by 2013 Tenn. Acts, ch. 472, s 3, eff. 7/1/2013. Acts 1974, ch. 738, § 13; T.C.A., § 54-1014; Acts 1989, ch. 591, § 113; 2012 , ch. 689, § 9.
(a) The chief administrative officer is authorized to remove or cause to be removed any fence, gate, or other obstruction from the roads, bridges and ditches of the county and to clean out and clear all fences and ditches along or adjacent to the county roads.
(b) Any person who places or maintains an obstacle or obstruction upon the right-of-way of any county road and refuses to remove the obstacle or obstruction upon direction of the chief administrative officer to do so commits a Class C misdemeanor.
(c) It is a Class C misdemeanor to place or cause to be placed any obstruction upon the right-of-way or in the ditches along any county road except that transmission lines, telephone or telegraph lines or poles may be placed on and along the right-of-way of any county road under the direction and with the permission of the chief administrative officer.
(d) Notwithstanding any law to the contrary, this section shall apply to all counties.
Amended by 2013 Tenn. Acts, ch. 472, s 3, eff. 7/1/2013.
Acts 1974, ch. 738, § 13; T.C.A., § 54-1014; Acts 1989, ch. 591, § 113; 2012 , ch. 689, § 9.
Tenn. Code Ann. § 54-11-104 — TN Code / Title 54 / Chapter 11 / Section 54-11-104
Width of ford
Status: in_force

The width of the ford shall depend upon the use the public makes of it, but it shall not be required to be cleared over sixty feet (60') wide. Acts 1859-1860, ch. 115, § 3; Shan., § 1744; Code 1932, § 3070; T.C.A. (orig. ed.), § 54-1104.
The width of the ford shall depend upon the use the public makes of it, but it shall not be required to be cleared over sixty feet (60') wide.
Acts 1859-1860, ch. 115, § 3; Shan., § 1744; Code 1932, § 3070; T.C.A. (orig. ed.), § 54-1104.
Tenn. Code Ann. § 54-12-143 — TN Code / Title 54 / Chapter 12 / Section 54-12-143
Appeal bond signed for all petitioner appellants by a designated petitioner - Surety on bond required - Pauper's oath not allowed
Status: in_force

(a) If an order has been entered by the monthly county court creating or establishing the district, and giving it a name or designation, the bonds, when the district or petitioners for the district are appellants, may be made by the district in that name, to be signed by one (1) of the petitioners nominated for that purpose by the court, it being declared the duty of the court to nominate some of the petitioners for this purpose. (b) On any appeal from the circuit court to an appellate court, the name of the district, if it has been ordered established by the court, may in like manner be signed to any appeal bond, the circuit court nominating the petitioner to so sign it. (c) Nothing in this part shall be construed as excusing the giving of good security on any bonds for appeal, and the district shall be liable for any damages and costs adjudged against it on any appeal as well as the sureties on the bonds. (d) The oath provided by law for poor persons shall not be allowed in lieu of the bonds. Acts 1919, ch. 193, § 33; Shan. Supp., § 1682a44; Code 1932, § 2858; modified; T.C.A. (orig. ed.), § 54-1343.
(a) If an order has been entered by the monthly county court creating or establishing the district, and giving it a name or designation, the bonds, when the district or petitioners for the district are appellants, may be made by the district in that name, to be signed by one (1) of the petitioners nominated for that purpose by the court, it being declared the duty of the court to nominate some of the petitioners for this purpose.
(b) On any appeal from the circuit court to an appellate court, the name of the district, if it has been ordered established by the court, may in like manner be signed to any appeal bond, the circuit court nominating the petitioner to so sign it.
(c) Nothing in this part shall be construed as excusing the giving of good security on any bonds for appeal, and the district shall be liable for any damages and costs adjudged against it on any appeal as well as the sureties on the bonds.
(d) The oath provided by law for poor persons shall not be allowed in lieu of the bonds.
Acts 1919, ch. 193, § 33; Shan. Supp., § 1682a44; Code 1932, § 2858; modified; T.C.A. (orig. ed.), § 54-1343.
Tenn. Code Ann. § 54-5-704 — TN Code / Title 54 / Chapter 5 / Section 54-5-704
Directional signs on interstate highways denoting historic sites
Status: in_force

The department is directed to expand its interstate highway marking program by erecting and maintaining signs denoting Tennessee-owned historic sites, the signs to indicate the exit providing the closest and most direct access to the facility. Acts 1974, ch. 560, § 1; T.C.A., § 54-580.
The department is directed to expand its interstate highway marking program by erecting and maintaining signs denoting Tennessee-owned historic sites, the signs to indicate the exit providing the closest and most direct access to the facility.
Acts 1974, ch. 560, § 1; T.C.A., § 54-580.
Tenn. Code Ann. § 54-9-210 — TN Code / Title 54 / Chapter 9 / Section 54-9-210
Contract and performance bond - Acceptance of lowest bid - Rejection of bids - Readvertisement
Status: in_force

(a) The department of transportation shall prepare a model contract and performance bond, which the counties, without exception, alteration or modification, shall use, except for filling in appropriate blanks, or spaces, as may be necessary to complete the contract and bond. (b) The bond shall be executed by a corporate surety authorized to do business in this state. (c) (1) The committee referred to in § 54-9-209 shall accept, on behalf of the county, the lowest bid, except the committee may reject all bids if the lowest bid exceeds the estimated cost of the project by ten percent (10%); provided, that in the event the committee decides to reject the bid, the presiding officer of the county legislative body shall, within ten (10) days, call the county legislative body into special session to determine whether the bid shall be accepted or rejected. (2) If the bid is accepted either by the committee or the county legislative body, the contract shall be executed on behalf of the county, by the chief administrative officer of the county highway department, if any, and the presiding officer of the county legislative body, and countersigned by the county clerk, who shall affix the county clerk's seal of office to the contract. (3) If the county legislative body concurs with the committee in rejecting the bid, the project shall be readvertised in the same way and manner as originally and the low bid shall be accepted and the appropriate county officers shall execute the contract. (4) The original contract shall be filed in the office of the county clerk, and copies of the contract shall be supplied to the contractor and the county highway department. Acts 1959, ch. 320, § 10; 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., § 54-853; Acts 1983, ch. 320, § 11.
(a) The department of transportation shall prepare a model contract and performance bond, which the counties, without exception, alteration or modification, shall use, except for filling in appropriate blanks, or spaces, as may be necessary to complete the contract and bond.
(b) The bond shall be executed by a corporate surety authorized to do business in this state.
(c) (1) The committee referred to in § 54-9-209 shall accept, on behalf of the county, the lowest bid, except the committee may reject all bids if the lowest bid exceeds the estimated cost of the project by ten percent (10%); provided, that in the event the committee decides to reject the bid, the presiding officer of the county legislative body shall, within ten (10) days, call the county legislative body into special session to determine whether the bid shall be accepted or rejected. (2) If the bid is accepted either by the committee or the county legislative body, the contract shall be executed on behalf of the county, by the chief administrative officer of the county highway department, if any, and the presiding officer of the county legislative body, and countersigned by the county clerk, who shall affix the county clerk's seal of office to the contract. (3) If the county legislative body concurs with the committee in rejecting the bid, the project shall be readvertised in the same way and manner as originally and the low bid shall be accepted and the appropriate county officers shall execute the contract. (4) The original contract shall be filed in the office of the county clerk, and copies of the contract shall be supplied to the contractor and the county highway department.
(1) The committee referred to in § 54-9-209 shall accept, on behalf of the county, the lowest bid, except the committee may reject all bids if the lowest bid exceeds the estimated cost of the project by ten percent (10%); provided, that in the event the committee decides to reject the bid, the presiding officer of the county legislative body shall, within ten (10) days, call the county legislative body into special session to determine whether the bid shall be accepted or rejected.
(2) If the bid is accepted either by the committee or the county legislative body, the contract shall be executed on behalf of the county, by the chief administrative officer of the county highway department, if any, and the presiding officer of the county legislative body, and countersigned by the county clerk, who shall affix the county clerk's seal of office to the contract.
(3) If the county legislative body concurs with the committee in rejecting the bid, the project shall be readvertised in the same way and manner as originally and the low bid shall be accepted and the appropriate county officers shall execute the contract.
(4) The original contract shall be filed in the office of the county clerk, and copies of the contract shall be supplied to the contractor and the county highway department.
Acts 1959, ch. 320, § 10; 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., § 54-853; Acts 1983, ch. 320, § 11.
Tenn. Code Ann. § 54-12-307 — TN Code / Title 54 / Chapter 12 / Section 54-12-307
Publication of notice of letting work of construction or improvement
Status: in_force

(a) Before entering into any contract for improvements, the board of directors of the improvement district shall cause notice to be given once a week for four (4) consecutive weeks in some newspaper published in the county in which the improvement is located, and additional publication elsewhere as the board may direct at the time and place of letting the work of construction of the improvement. (b) In the notice, the board shall specify the approximate amount of work to be done in each section, and the time fixed for the commencement and completion of the work. Acts 1919, ch. 193, § 73; Shan. Supp., § 1682a87; Code 1932, § 2901; T.C.A. (orig. ed.), § 54-1507.
(a) Before entering into any contract for improvements, the board of directors of the improvement district shall cause notice to be given once a week for four (4) consecutive weeks in some newspaper published in the county in which the improvement is located, and additional publication elsewhere as the board may direct at the time and place of letting the work of construction of the improvement.
(b) In the notice, the board shall specify the approximate amount of work to be done in each section, and the time fixed for the commencement and completion of the work.
Acts 1919, ch. 193, § 73; Shan. Supp., § 1682a87; Code 1932, § 2901; T.C.A. (orig. ed.), § 54-1507.
Tenn. Code Ann. § 54-11-209 — TN Code / Title 54 / Chapter 11 / Section 54-11-209
Excess cost in constructing bridges
Status: in_force

Should it, in the opinion of the county legislative body, appear that the cost of the bridge or bridges will exceed the amounts raised by taxation the county legislative body sees as proper to levy during the time the bridge or bridges are being constructed, the excess may be provided for from the proceeds of bonds issued pursuant to title 9, chapter 21. Acts 1885, ch. 149, § 3; Shan., § 1714; Code 1932, § 3024; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 54-1115; Acts 1980, ch. 601, § 17; 1988, ch. 750, § 58.
Should it, in the opinion of the county legislative body, appear that the cost of the bridge or bridges will exceed the amounts raised by taxation the county legislative body sees as proper to levy during the time the bridge or bridges are being constructed, the excess may be provided for from the proceeds of bonds issued pursuant to title 9, chapter 21.
Acts 1885, ch. 149, § 3; Shan., § 1714; Code 1932, § 3024; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 54-1115; Acts 1980, ch. 601, § 17; 1988, ch. 750, § 58.
Tenn. Code Ann. § 54-5-1102 — TN Code / Title 54 / Chapter 5 / Section 54-5-1102
Powers of department - Construction contracts
Status: in_force

(a) The department has the authority to provide for the construction and administration of specific service signs. (b) The department may enter into contracts for construction of specific service signs, the contracts to be subject to §§ 54-5-113 - 54-5-127. Acts 1988, ch. 696, § 3.
(a) The department has the authority to provide for the construction and administration of specific service signs.
(b) The department may enter into contracts for construction of specific service signs, the contracts to be subject to §§ 54-5-113 - 54-5-127.
Acts 1988, ch. 696, § 3.
Tenn. Code Ann. § 54-12-417 — TN Code / Title 54 / Chapter 12 / Section 54-12-417
Divestiture and vestiture of title subject to other unpaid assessments - Writ of possession
Status: in_force

Upon confirmation of the sale by the chancery court, it shall divest title out of the owner and vest it in the purchaser and award a writ of possession, if asked for; but where title is so vested in a purchaser, the land so purchased shall still be subject in the hands of the purchaser, the purchaser's heirs, or assigns, to any other assessments not yet due, and are unpaid, that may have been made and fixed or levied upon it at the time of the confirmation of sale, for the benefit of the improvement district on account of which the sales have been made. Acts 1919, ch. 193, § 99; Shan. Supp., § 1682a113; Code 1932, § 2928; T.C.A. (orig. ed.), § 54-1617.
Upon confirmation of the sale by the chancery court, it shall divest title out of the owner and vest it in the purchaser and award a writ of possession, if asked for; but where title is so vested in a purchaser, the land so purchased shall still be subject in the hands of the purchaser, the purchaser's heirs, or assigns, to any other assessments not yet due, and are unpaid, that may have been made and fixed or levied upon it at the time of the confirmation of sale, for the benefit of the improvement district on account of which the sales have been made.
Acts 1919, ch. 193, § 99; Shan. Supp., § 1682a113; Code 1932, § 2928; T.C.A. (orig. ed.), § 54-1617.
Tenn. Code Ann. § 54-5-1202 — TN Code / Title 54 / Chapter 5 / Section 54-5-1202
Legislative intent
Status: in_force

It is the intent of the general assembly to: (1) Develop a permanent roadside landscaping program within the department of transportation with emphasis on wildflower preservation and propagation; (2) Beautify the state's roadways and enhance the aesthetics of the state's highway system while reducing maintenance costs; and (3) Make the public more aware of the state's landscape diversity and improve environmental quality along the roadways. Acts 1993, ch. 455, § 2.
It is the intent of the general assembly to:
(1) Develop a permanent roadside landscaping program within the department of transportation with emphasis on wildflower preservation and propagation;
(2) Beautify the state's roadways and enhance the aesthetics of the state's highway system while reducing maintenance costs; and
(3) Make the public more aware of the state's landscape diversity and improve environmental quality along the roadways.
Acts 1993, ch. 455, § 2.
Tenn. Code Ann. § 54-6-109 — TN Code / Title 54 / Chapter 6 / Section 54-6-109
Interim agreement
Status: in_force

(a) Prior to or in connection with the negotiation of the comprehensive agreement, the responsible public entity may enter into an interim agreement with the private entity proposing the development, redevelopment, or operation of the qualified transportation facility or facilities. The interim agreement may: (1) Permit the private entity to commence activities for which it may be compensated relating to the proposed qualifying transportation facility, including project planning and development, advance right-of-way acquisition, design and engineering, environmental analysis and mitigation, survey, conducting transportation and revenue studies, and ascertaining the availability of financing for the proposed facility or facilities; (2) Establish the process and timing of the negotiation of the comprehensive agreement; and (3) Contain any other provisions related to any aspect of the development, redevelopment, or operation of a qualifying transportation facility that the parties may deem appropriate. (b) Notwithstanding anything to the contrary in this chapter, a responsible public entity may enter into an interim agreement with multiple private entities if the responsible public entity determines in writing that it serves the public purpose of this chapter to do so. Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
(a) Prior to or in connection with the negotiation of the comprehensive agreement, the responsible public entity may enter into an interim agreement with the private entity proposing the development, redevelopment, or operation of the qualified transportation facility or facilities. The interim agreement may: (1) Permit the private entity to commence activities for which it may be compensated relating to the proposed qualifying transportation facility, including project planning and development, advance right-of-way acquisition, design and engineering, environmental analysis and mitigation, survey, conducting transportation and revenue studies, and ascertaining the availability of financing for the proposed facility or facilities; (2) Establish the process and timing of the negotiation of the comprehensive agreement; and (3) Contain any other provisions related to any aspect of the development, redevelopment, or operation of a qualifying transportation facility that the parties may deem appropriate.
(1) Permit the private entity to commence activities for which it may be compensated relating to the proposed qualifying transportation facility, including project planning and development, advance right-of-way acquisition, design and engineering, environmental analysis and mitigation, survey, conducting transportation and revenue studies, and ascertaining the availability of financing for the proposed facility or facilities;
(2) Establish the process and timing of the negotiation of the comprehensive agreement; and
(3) Contain any other provisions related to any aspect of the development, redevelopment, or operation of a qualifying transportation facility that the parties may deem appropriate.
(b) Notwithstanding anything to the contrary in this chapter, a responsible public entity may enter into an interim agreement with multiple private entities if the responsible public entity determines in writing that it serves the public purpose of this chapter to do so.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-5-129 — TN Code / Title 54 / Chapter 5 / Section 54-5-129
Commissioner financing improvements of section of state highway system - Funds to be repaid without interest
Status: in_force

If any county, county commission or road board, district, city, town, person or corporation desires immediately to improve any section of the state highway system as designated and established by the commissioner, the commissioner may enter into an agreement with the county, county commission, or road board, district, city, or town officials, or other parties, to finance the construction or reconstruction of the highway or section of the highway, and any funds advanced to the commissioner pursuant to the agreement shall be repaid without interest, as and when the general assembly may provide the funds, and the commissioner may apportion the funds for the improvement. Acts 1921, ch. 178, § 1; impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b22; Code 1932, § 3185; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-529; Acts 1981, ch. 264, § 12.
If any county, county commission or road board, district, city, town, person or corporation desires immediately to improve any section of the state highway system as designated and established by the commissioner, the commissioner may enter into an agreement with the county, county commission, or road board, district, city, or town officials, or other parties, to finance the construction or reconstruction of the highway or section of the highway, and any funds advanced to the commissioner pursuant to the agreement shall be repaid without interest, as and when the general assembly may provide the funds, and the commissioner may apportion the funds for the improvement.
Acts 1921, ch. 178, § 1; impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b22; Code 1932, § 3185; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-529; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-5-138 — TN Code / Title 54 / Chapter 5 / Section 54-5-138
Contracts for mowing rights-of-way, and litter collection
Status: in_force

(a) Notwithstanding other law to the contrary, for contracts for the mowing of rights-of-way and litter collection, or either of them, bids may be accompanied by letters of credit in the amount of five percent (5%) of the bid, in lieu of proper bonds, to guarantee execution of the contract. (b) All contractors with whom contracts are made for the mowing of rights-of-way and litter collection, or either of them, may provide, in lieu of bonds, letters of credit guaranteeing the department alone the faithful discharge of the contract, and for no other reason. Acts 1987, ch. 296, § 1; 2004, ch. 605, § 6.
(a) Notwithstanding other law to the contrary, for contracts for the mowing of rights-of-way and litter collection, or either of them, bids may be accompanied by letters of credit in the amount of five percent (5%) of the bid, in lieu of proper bonds, to guarantee execution of the contract.
(b) All contractors with whom contracts are made for the mowing of rights-of-way and litter collection, or either of them, may provide, in lieu of bonds, letters of credit guaranteeing the department alone the faithful discharge of the contract, and for no other reason.
Acts 1987, ch. 296, § 1; 2004, ch. 605, § 6.
Tenn. Code Ann. § 54-1-101 — TN Code / Title 54 / Chapter 1 / Section 54-1-101
Duties of commissioner
Status: in_force

(a) The commissioner of transportation shall have charge of all records of the department of transportation, shall keep a book of records of all proceedings and orders pertaining to the business of the department, and shall keep on file copies of all plans, specifications, and estimates prepared by the department. (b) The commissioner shall: (1) Cause to be made and kept blueprints and maps showing a general highway plan of the state; the plan to consist of the main traveled roads that will, when improved, show and provide a connected system of improved highways throughout the state; (2) Collect information and statistics with reference to the mileage, character, and condition of highways and bridges in the counties; (3) Investigate and determine the method of road construction best adapted to the various sections; and (4) Establish standards for the construction and maintenance of highways in the counties, giving due regard to topography, natural conditions, availability of road material, prevailing traffic conditions, and ways and means of the counties to meet their portion of the cost of building and maintaining roads under this chapter and chapters 2 and 5 of this title. (c) The commissioner may at all times be consulted by the county and district officers having authority over highways and bridges and, in like manner, call on the county and district officials for information relative to highways and bridges within their county or district, in order to determine the character and have the general supervision of the construction, repair and maintenance of all roads improved under this chapter and chapters 2 and 5 of this title. Acts 1919, ch. 149, § 6; impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b6; Code 1932, § 3175; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-113; Acts 1981, ch. 264, § 12.
(a) The commissioner of transportation shall have charge of all records of the department of transportation, shall keep a book of records of all proceedings and orders pertaining to the business of the department, and shall keep on file copies of all plans, specifications, and estimates prepared by the department.
(b) The commissioner shall: (1) Cause to be made and kept blueprints and maps showing a general highway plan of the state; the plan to consist of the main traveled roads that will, when improved, show and provide a connected system of improved highways throughout the state; (2) Collect information and statistics with reference to the mileage, character, and condition of highways and bridges in the counties; (3) Investigate and determine the method of road construction best adapted to the various sections; and (4) Establish standards for the construction and maintenance of highways in the counties, giving due regard to topography, natural conditions, availability of road material, prevailing traffic conditions, and ways and means of the counties to meet their portion of the cost of building and maintaining roads under this chapter and chapters 2 and 5 of this title.
(1) Cause to be made and kept blueprints and maps showing a general highway plan of the state; the plan to consist of the main traveled roads that will, when improved, show and provide a connected system of improved highways throughout the state;
(2) Collect information and statistics with reference to the mileage, character, and condition of highways and bridges in the counties;
(3) Investigate and determine the method of road construction best adapted to the various sections; and
(4) Establish standards for the construction and maintenance of highways in the counties, giving due regard to topography, natural conditions, availability of road material, prevailing traffic conditions, and ways and means of the counties to meet their portion of the cost of building and maintaining roads under this chapter and chapters 2 and 5 of this title.
(c) The commissioner may at all times be consulted by the county and district officers having authority over highways and bridges and, in like manner, call on the county and district officials for information relative to highways and bridges within their county or district, in order to determine the character and have the general supervision of the construction, repair and maintenance of all roads improved under this chapter and chapters 2 and 5 of this title.
Acts 1919, ch. 149, § 6; impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b6; Code 1932, § 3175; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-113; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-3-112 — TN Code / Title 54 / Chapter 3 / Section 54-3-112
Liberal construction
Status: in_force

In order to effectuate the purposes and policies prescribed in this chapter, this chapter shall be liberally construed. Acts 2007, ch. 597, § 13.
In order to effectuate the purposes and policies prescribed in this chapter, this chapter shall be liberally construed.
Acts 2007, ch. 597, § 13.
Tenn. Code Ann. § 54-5-128 — TN Code / Title 54 / Chapter 5 / Section 54-5-128
Prison labor - Using - Purchasing equipment
Status: in_force

(a) Where satisfactory bids cannot be secured, or where, in the judgment of the department, it is more feasible to execute any work by prison labor or free labor, authority is given the department to use prison labor, either state or county, or free labor, and to purchase equipment necessary to carry on the work; provided, that the inmates shall be available by law at the time and satisfactory arrangements can be made by which they may be used. (b) When work is executed by means of labor of state inmates, the commissioner shall pay for the labor on the highway work according to rules and regulations prescribed by law and the state authorities, who may furnish the inmates, and, if the inmates so used are county inmates, the county authorities controlling the inmates shall receive pay for the labor at the price to be agreed upon by the commissioner and the respective county officials authorized to furnish the labor. (c) In case the commissioner is not able to make satisfactory arrangements to construct the highways with state or county inmate labor or by contract with other parties, then the commissioner is empowered to build and construct the highways, either on force account by contract or in a manner deemed advisable by the commissioner. Acts 1917, ch. 77, § 6; Shan., § 1720a29b32 (p. 6551); Acts 1919, ch. 149, § 11; impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., §§ 1720a7b11, 1720a7b63; Code 1932, §§ 3180, 3223; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-528; Acts 1981, ch. 264, § 12.
(a) Where satisfactory bids cannot be secured, or where, in the judgment of the department, it is more feasible to execute any work by prison labor or free labor, authority is given the department to use prison labor, either state or county, or free labor, and to purchase equipment necessary to carry on the work; provided, that the inmates shall be available by law at the time and satisfactory arrangements can be made by which they may be used.
(b) When work is executed by means of labor of state inmates, the commissioner shall pay for the labor on the highway work according to rules and regulations prescribed by law and the state authorities, who may furnish the inmates, and, if the inmates so used are county inmates, the county authorities controlling the inmates shall receive pay for the labor at the price to be agreed upon by the commissioner and the respective county officials authorized to furnish the labor.
(c) In case the commissioner is not able to make satisfactory arrangements to construct the highways with state or county inmate labor or by contract with other parties, then the commissioner is empowered to build and construct the highways, either on force account by contract or in a manner deemed advisable by the commissioner.
Acts 1917, ch. 77, § 6; Shan., § 1720a29b32 (p. 6551); Acts 1919, ch. 149, § 11; impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., §§ 1720a7b11, 1720a7b63; Code 1932, §§ 3180, 3223; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-528; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-17-101 — TN Code / Title 54 / Chapter 17 / Section 54-17-101
Short title
Status: in_force

This part shall be known and may be cited as the "Scenic Highway System Act of 1971." Acts 1971, ch. 431, § 1; modified; T.C.A., § 54-2501.
This part shall be known and may be cited as the "Scenic Highway System Act of 1971."
Acts 1971, ch. 431, § 1; modified; T.C.A., § 54-2501.
Tenn. Code Ann. § 54-7-205 — TN Code / Title 54 / Chapter 7 / Section 54-7-205
Removal of chief administrative officer
Status: in_force

(a) "Chief administrative officer," for the purpose of this section, includes county road commissioners, trustees, road supervisors, or other persons charged with supervision or control of a county road department. (b) In addition to any proceeding under title 8, chapter 47, the chief administrative officer of a county road department may be removed from office in accordance with this section. (c) The comptroller of the treasury shall forward a copy of audit reports covering county road departments to the district attorney general having jurisdiction and to the attorney general and reporter. If the audit indicates an apparent violation of any statute or regulation governing the operation of a county road department, including, but not limited to, an apparent violation of any statute or regulation applicable to accounting, budgeting or purchasing procedures, the audit report shall so state. (d) The district attorney general and the attorney general and reporter shall each review the audit reports and determine if there is sufficient cause for further investigation. (e) If the investigation indicates willful misfeasance, malfeasance or nonfeasance by the chief administrative officer of the road department, the district attorney general shall proceed, pursuant to title 8, chapter 47, to remove the chief administrative officer of the road department from office. (f) Any chief administrative officer removed from office on the basis of misfeasance, malfeasance, or nonfeasance under this section shall be ineligible to ever seek the office of chief administrative officer of a county road department in any county. Acts 1980, ch. 553, § 1.
(a) "Chief administrative officer," for the purpose of this section, includes county road commissioners, trustees, road supervisors, or other persons charged with supervision or control of a county road department.
(b) In addition to any proceeding under title 8, chapter 47, the chief administrative officer of a county road department may be removed from office in accordance with this section.
(c) The comptroller of the treasury shall forward a copy of audit reports covering county road departments to the district attorney general having jurisdiction and to the attorney general and reporter. If the audit indicates an apparent violation of any statute or regulation governing the operation of a county road department, including, but not limited to, an apparent violation of any statute or regulation applicable to accounting, budgeting or purchasing procedures, the audit report shall so state.
(d) The district attorney general and the attorney general and reporter shall each review the audit reports and determine if there is sufficient cause for further investigation.
(e) If the investigation indicates willful misfeasance, malfeasance or nonfeasance by the chief administrative officer of the road department, the district attorney general shall proceed, pursuant to title 8, chapter 47, to remove the chief administrative officer of the road department from office.
(f) Any chief administrative officer removed from office on the basis of misfeasance, malfeasance, or nonfeasance under this section shall be ineligible to ever seek the office of chief administrative officer of a county road department in any county.
Acts 1980, ch. 553, § 1.
Tenn. Code Ann. § 54-7-204 — TN Code / Title 54 / Chapter 7 / Section 54-7-204
Withholding of funds by state for violation
Status: in_force

If any provision of this chapter is violated in any county, the commissioner of transportation is authorized to withhold state-aid highway system funds due the county until the deficiency has been corrected to the satisfaction of the commissioner. Acts 1974, ch. 738, § 16; T.C.A., § 54-1017; Acts 1983, ch. 320, § 5.
If any provision of this chapter is violated in any county, the commissioner of transportation is authorized to withhold state-aid highway system funds due the county until the deficiency has been corrected to the satisfaction of the commissioner.
Acts 1974, ch. 738, § 16; T.C.A., § 54-1017; Acts 1983, ch. 320, § 5.
Tenn. Code Ann. § 54-1-118 — TN Code / Title 54 / Chapter 1 / Section 54-1-118
Contracting with University of Tennessee
Status: in_force

The commissioner is authorized and empowered to enter into a contract or contracts with the University of Tennessee regarding: (1) The development and testing of new materials to be used in constructing and maintaining roads, bridges and highways; (2) The development of more economical methods of designing, constructing and maintaining roads, bridges and highways; and (3) The training of personnel in the fundamentals of highway engineering. Acts 1951, ch. 127, § 1 (Williams, § 3175.1); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-124; Acts 1981, ch. 264, § 12.
The commissioner is authorized and empowered to enter into a contract or contracts with the University of Tennessee regarding:
(1) The development and testing of new materials to be used in constructing and maintaining roads, bridges and highways;
(2) The development of more economical methods of designing, constructing and maintaining roads, bridges and highways; and
(3) The training of personnel in the fundamentals of highway engineering.
Acts 1951, ch. 127, § 1 (Williams, § 3175.1); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-124; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-5-117 — TN Code / Title 54 / Chapter 5 / Section 54-5-117
Accepted bidder to be financially responsible and qualified under rules and regulations of commissioner
Status: in_force

Notwithstanding § 54-5-116 , the bidder making the bid accepted shall be responsible and qualified under the laws of the state and under any valid rule or regulation of the commissioner; provided, that the commissioner is empowered to make reasonable rules and regulations the commissioner deems proper for the qualification of bidders as to financial responsibility, experience, organization and equipment, the number of contracts, the aggregate of the contract amounts at the contract unit prices, the character of construction, the number of miles of construction each bidder or contractor may have under contract or construction at one (1) time, or any other matter that would, in the commissioner's judgment, promote the best interests of the state in its highway construction, the power to make the rules and regulations being expressly not limited to rules and regulations as to the matters expressly listed in this section. Acts 1929, ch. 80, § 1; mod. Code 1932, § 3216; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-517; Acts 1981, ch. 264, § 12.
Notwithstanding § 54-5-116 , the bidder making the bid accepted shall be responsible and qualified under the laws of the state and under any valid rule or regulation of the commissioner; provided, that the commissioner is empowered to make reasonable rules and regulations the commissioner deems proper for the qualification of bidders as to financial responsibility, experience, organization and equipment, the number of contracts, the aggregate of the contract amounts at the contract unit prices, the character of construction, the number of miles of construction each bidder or contractor may have under contract or construction at one (1) time, or any other matter that would, in the commissioner's judgment, promote the best interests of the state in its highway construction, the power to make the rules and regulations being expressly not limited to rules and regulations as to the matters expressly listed in this section.
Acts 1929, ch. 80, § 1; mod. Code 1932, § 3216; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-517; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-10-101 — TN Code / Title 54 / Chapter 10 / Section 54-10-101
Public roads and ferries
Status: in_force

All roads and ferries laid out or appointed agreeably to law are to be deemed public roads and ferries. Code 1858, § 1182 (deriv. Acts 1804, ch. 1, § 1; 1819, ch. 26, § 1); Acts 1891, ch. 1, § 1; integrated in Shan., § 1617; Code 1932, § 2727; T.C.A. (orig. ed.), § 54-901.
All roads and ferries laid out or appointed agreeably to law are to be deemed public roads and ferries.
Code 1858, § 1182 (deriv. Acts 1804, ch. 1, § 1; 1819, ch. 26, § 1); Acts 1891, ch. 1, § 1; integrated in Shan., § 1617; Code 1932, § 2727; T.C.A. (orig. ed.), § 54-901.
Tenn. Code Ann. § 54-5-508 — TN Code / Title 54 / Chapter 5 / Section 54-5-508
Funds to be used
Status: in_force

In effectuating the purposes of this part, the department is authorized to use funds appropriated to the department for this purpose. Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 159, § 8; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-576; Acts 1981, ch. 264, § 12.
In effectuating the purposes of this part, the department is authorized to use funds appropriated to the department for this purpose.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 159, § 8; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-576; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-12-301 — TN Code / Title 54 / Chapter 12 / Section 54-12-301
Directors to be appointed for district - Qualifications - Terms - Duties and powers
Status: in_force

(a) After a road improvement district has been located and established as provided for by parts 1 and 2 of this chapter, the monthly county court shall appoint two (2) directors for the district. (b) The directors shall be owners of land, or interested in land, in the district, and at least one (1) of those first appointed shall be one (1) of the petitioners for the establishment of the district, or a successor of that petitioner in estate or interest. (c) The directors shall hold their offices for two (2) years from the date of appointment, and these two (2) thus appointed and their successors, together with the county mayor, shall constitute the directors, or board of directors, of the district. (d) The directors shall have the general control, management and supervision of the business affairs of the district, and be vested with power and authority to make contracts, as provided by this chapter, and for all improvements to be done in the district. Acts 1919, ch. 193, § 68; Shan. Supp., § 1682a82; Code 1932, § 2896; modified; T.C.A. (orig. ed.), § 54-1501; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 2003, ch. 90, § 2.
(a) After a road improvement district has been located and established as provided for by parts 1 and 2 of this chapter, the monthly county court shall appoint two (2) directors for the district.
(b) The directors shall be owners of land, or interested in land, in the district, and at least one (1) of those first appointed shall be one (1) of the petitioners for the establishment of the district, or a successor of that petitioner in estate or interest.
(c) The directors shall hold their offices for two (2) years from the date of appointment, and these two (2) thus appointed and their successors, together with the county mayor, shall constitute the directors, or board of directors, of the district.
(d) The directors shall have the general control, management and supervision of the business affairs of the district, and be vested with power and authority to make contracts, as provided by this chapter, and for all improvements to be done in the district.
Acts 1919, ch. 193, § 68; Shan. Supp., § 1682a82; Code 1932, § 2896; modified; T.C.A. (orig. ed.), § 54-1501; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 54-12-305 — TN Code / Title 54 / Chapter 12 / Section 54-12-305
Compensation and expenses of directors
Status: in_force

(a) The members of the board of directors shall receive as compensation for their services, in attending to their duties as directors, fifty cents (50¢) per hour for the time actually consumed in attending to their duties, but not to exceed twenty-five (25) hours in any one (1) month. (b) They shall also receive their actual expenses paid out or incurred on account of attending to their duties as directors. The account for time and expense shall be kept, made out and sworn to, and filed with the county clerk before payment is made. Acts 1919, ch. 193, § 113; Shan. Supp., § 1682a127; Code 1932, § 2942; modified; T.C.A. (orig. ed.), § 54-1505; impl. am. Acts 1978, ch. 934, §§ 22, 36.
(a) The members of the board of directors shall receive as compensation for their services, in attending to their duties as directors, fifty cents (50¢) per hour for the time actually consumed in attending to their duties, but not to exceed twenty-five (25) hours in any one (1) month.
(b) They shall also receive their actual expenses paid out or incurred on account of attending to their duties as directors. The account for time and expense shall be kept, made out and sworn to, and filed with the county clerk before payment is made.
Acts 1919, ch. 193, § 113; Shan. Supp., § 1682a127; Code 1932, § 2942; modified; T.C.A. (orig. ed.), § 54-1505; impl. am. Acts 1978, ch. 934, §§ 22, 36.
Tenn. Code Ann. § 54-1-102 — TN Code / Title 54 / Chapter 1 / Section 54-1-102
Status of highway projects - Reports to general assembly
Status: in_force

(a) The department shall furnish to each member of the general assembly on a quarterly basis, beginning March 1, 1970, a report on the status of highway projects in the county or counties that the member represents. (b) The report shall include, but not be limited to: (1) A list of road locations and times scheduled for construction within the county or counties; (2) A status report on the roads under construction, and their scheduled completion date, including notation of any delays or speedups and reasons for delays or speedups; (3) Any changes in previously announced plans for highways; (4) Any highway projects under consideration, which report will be furnished only upon request; (5) Notification of all public hearings on proposed highways; and (6) Any additional information that the department feels would be helpful to a member of the general assembly becoming better informed on the operation of the department in the area the member represents. Acts 1970, ch. 485, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-130; Acts 1981, ch. 264, § 12.
(a) The department shall furnish to each member of the general assembly on a quarterly basis, beginning March 1, 1970, a report on the status of highway projects in the county or counties that the member represents.
(b) The report shall include, but not be limited to: (1) A list of road locations and times scheduled for construction within the county or counties; (2) A status report on the roads under construction, and their scheduled completion date, including notation of any delays or speedups and reasons for delays or speedups; (3) Any changes in previously announced plans for highways; (4) Any highway projects under consideration, which report will be furnished only upon request; (5) Notification of all public hearings on proposed highways; and (6) Any additional information that the department feels would be helpful to a member of the general assembly becoming better informed on the operation of the department in the area the member represents.
(1) A list of road locations and times scheduled for construction within the county or counties;
(2) A status report on the roads under construction, and their scheduled completion date, including notation of any delays or speedups and reasons for delays or speedups;
(3) Any changes in previously announced plans for highways;
(4) Any highway projects under consideration, which report will be furnished only upon request;
(5) Notification of all public hearings on proposed highways; and
(6) Any additional information that the department feels would be helpful to a member of the general assembly becoming better informed on the operation of the department in the area the member represents.
Acts 1970, ch. 485, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-130; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-18-208 — TN Code / Title 54 / Chapter 18 / Section 54-18-208
Streets not accepted - Acquisition - Removal from map
Status: in_force

(a) The making or certifying of a map by the planning commission or the adoption or amendment of an official map by the legislative body shall not constitute the opening or establishment of any highway or the taking or acceptance of any land for highway purposes. (b) Any highway placed on the official map shall be removed from the map unless the governing body or the department of transportation, as the case may be, has begun acquisition of right-of-way, begun the construction of the highway, or begun the widening or other planned improvement of the highway within the following time limits: (1) In the case of federal interstate and defense highways, by the end of 1972; (2) In the case of other state highways, a period of seven (7) years; or (3) In the case of local highways, a period of three (3) years. (c) Upon adoption of an official map, the advance acquisition of rights-of-way for those streets on the official map shall proceed as expeditiously as feasible. Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 251, § 8; impl. am. Acts 1972, ch. 829, § 7; T.C.A., §§ 54-2208, 54-18-209; Acts 1981, ch. 264, § 12.
(a) The making or certifying of a map by the planning commission or the adoption or amendment of an official map by the legislative body shall not constitute the opening or establishment of any highway or the taking or acceptance of any land for highway purposes.
(b) Any highway placed on the official map shall be removed from the map unless the governing body or the department of transportation, as the case may be, has begun acquisition of right-of-way, begun the construction of the highway, or begun the widening or other planned improvement of the highway within the following time limits: (1) In the case of federal interstate and defense highways, by the end of 1972; (2) In the case of other state highways, a period of seven (7) years; or (3) In the case of local highways, a period of three (3) years.
(1) In the case of federal interstate and defense highways, by the end of 1972;
(2) In the case of other state highways, a period of seven (7) years; or
(3) In the case of local highways, a period of three (3) years.
(c) Upon adoption of an official map, the advance acquisition of rights-of-way for those streets on the official map shall proceed as expeditiously as feasible.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 251, § 8; impl. am. Acts 1972, ch. 829, § 7; T.C.A., §§ 54-2208, 54-18-209; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-18-201 — TN Code / Title 54 / Chapter 18 / Section 54-18-201
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Board" means the board of adjustment required by this part, a board of zoning appeals designated to act as a board of adjustment, a county board of adjustment, and a municipal board of adjustment; (2) "Building" means any building, structure or improvement of any kind or part of the building, structure or improvement that through erection, construction, reconstruction, addition or alteration in any manner becomes a part of the realty; (3) "Chief executive" means the mayor of a municipality and the county mayor; (4) "Commissioner" means the commissioner of transportation; (5) "County" means, with respect to residency requirements of officers or to territorial jurisdiction, the area within the county outside municipalities; (6) "County register" means the register of deeds of the county, and the register of deeds of the county in which a municipality is located; (7) "Highway" means any public way or part of the public way, including, but not limited to, a street, avenue, highway, or road. For a county, the public ways in the territory outside the boundaries of municipalities; for municipalities, the public ways within their corporate boundaries; (8) "Legislative body" means the board or body in which the general legislative powers of a county or municipality are vested; the county legislative body, county council, county commission or other body to which most or all county functions or powers are delegated; city council, board of mayor and aldermen, board of commissioners or other body to which most or all municipal functions or powers are delegated; (9) "Municipality" means an incorporated city or town. With respect to residency requirements of officers or to territorial jurisdiction, "municipality" means the area within the corporate limits of a municipality; (10) "Ordinance" means the form of action of the municipal legislative body in exercising the powers under this part; (11) "Planning commission" means the duly constituted planning commission of the county or municipality; for a county, the regional planning commission; for a municipality, the municipal planning commission or regional planning commission that has been designated a planning commission for a municipality; and (12) "Resolution" means the form of action of the county legislative body in exercising the powers under this part. Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 251, § 1; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., §§ 54-2201, 54-19-101; Acts 2003, ch. 90, § 2.
As used in this part, unless the context otherwise requires:
(1) "Board" means the board of adjustment required by this part, a board of zoning appeals designated to act as a board of adjustment, a county board of adjustment, and a municipal board of adjustment;
(2) "Building" means any building, structure or improvement of any kind or part of the building, structure or improvement that through erection, construction, reconstruction, addition or alteration in any manner becomes a part of the realty;
(3) "Chief executive" means the mayor of a municipality and the county mayor;
(4) "Commissioner" means the commissioner of transportation;
(5) "County" means, with respect to residency requirements of officers or to territorial jurisdiction, the area within the county outside municipalities;
(6) "County register" means the register of deeds of the county, and the register of deeds of the county in which a municipality is located;
(7) "Highway" means any public way or part of the public way, including, but not limited to, a street, avenue, highway, or road. For a county, the public ways in the territory outside the boundaries of municipalities; for municipalities, the public ways within their corporate boundaries;
(8) "Legislative body" means the board or body in which the general legislative powers of a county or municipality are vested; the county legislative body, county council, county commission or other body to which most or all county functions or powers are delegated; city council, board of mayor and aldermen, board of commissioners or other body to which most or all municipal functions or powers are delegated;
(9) "Municipality" means an incorporated city or town. With respect to residency requirements of officers or to territorial jurisdiction, "municipality" means the area within the corporate limits of a municipality;
(10) "Ordinance" means the form of action of the municipal legislative body in exercising the powers under this part;
(11) "Planning commission" means the duly constituted planning commission of the county or municipality; for a county, the regional planning commission; for a municipality, the municipal planning commission or regional planning commission that has been designated a planning commission for a municipality; and
(12) "Resolution" means the form of action of the county legislative body in exercising the powers under this part.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 251, § 1; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., §§ 54-2201, 54-19-101; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 54-12-315 — TN Code / Title 54 / Chapter 12 / Section 54-12-315
Warrant to contractor for balance due on completion of work
Status: in_force

When the work is completed to the satisfaction of the board of directors and the engineer, so certified by both, and the certificate is filed with the county clerk, then the county mayor shall draw a warrant in favor of the contractor for the balance due. Acts 1919, ch. 193, § 80; Shan. Supp., § 1682a94; Code 1932, § 2908; T.C.A. (orig. ed.), § 54-1515; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 2003, ch. 90, § 2.
When the work is completed to the satisfaction of the board of directors and the engineer, so certified by both, and the certificate is filed with the county clerk, then the county mayor shall draw a warrant in favor of the contractor for the balance due.
Acts 1919, ch. 193, § 80; Shan. Supp., § 1682a94; Code 1932, § 2908; T.C.A. (orig. ed.), § 54-1515; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 54-1-104 — TN Code / Title 54 / Chapter 1 / Section 54-1-104
Report of findings regarding roads with elevated injuries to bicyclists and pedestrians - Identification of design factors - Dissemination of report
Status: in_force

(a) The department of transportation shall identify locations of state and local government roads in this state where injuries to bicyclists and pedestrians are elevated in comparison to the statewide average. On or before February 15, 2024, the department of transportation, in consultation with the department of safety, local law enforcement agencies, and highway safety offices shall submit a report of its findings and recommendations regarding the development of a strategic statewide plan to increase pedestrian safety to the chairs of the transportation committee of the house of representatives and the transportation and safety committee of the senate. (b) From pedestrian and bicycle-related traffic crash data or other data available to, or collected by, the department of transportation, the department of safety, or local law enforcement agencies and highway safety offices, the department of transportation's report must identify the areas in this state that are elevated in comparison to the statewide average and identify intersection design factors or other factors that may have an impact regarding pedestrian and bicycle-related traffic crashes. (c) The department shall send a copy of the report to each of the five (5) local governments with the highest number of pedestrian safety problems. Added by 2023 Tenn. Acts, ch. 385, s 1, eff. 5/11/2023.
(a) The department of transportation shall identify locations of state and local government roads in this state where injuries to bicyclists and pedestrians are elevated in comparison to the statewide average. On or before February 15, 2024, the department of transportation, in consultation with the department of safety, local law enforcement agencies, and highway safety offices shall submit a report of its findings and recommendations regarding the development of a strategic statewide plan to increase pedestrian safety to the chairs of the transportation committee of the house of representatives and the transportation and safety committee of the senate.
(b) From pedestrian and bicycle-related traffic crash data or other data available to, or collected by, the department of transportation, the department of safety, or local law enforcement agencies and highway safety offices, the department of transportation's report must identify the areas in this state that are elevated in comparison to the statewide average and identify intersection design factors or other factors that may have an impact regarding pedestrian and bicycle-related traffic crashes.
(c) The department shall send a copy of the report to each of the five (5) local governments with the highest number of pedestrian safety problems.
Added by 2023 Tenn. Acts, ch. 385, s 1, eff. 5/11/2023.
Tenn. Code Ann. § 54-11-227 — TN Code / Title 54 / Chapter 11 / Section 54-11-227
Payment of reported repairs
Status: in_force

Upon the filing of the report of the commissioners, it shall be the duty of the county legislative body to order the repairs to be paid as other claims against the county. Acts 1859-1860, ch. 90, § 3; Shan., § 1740; Code 1932, § 3066; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1133.
Upon the filing of the report of the commissioners, it shall be the duty of the county legislative body to order the repairs to be paid as other claims against the county.
Acts 1859-1860, ch. 90, § 3; Shan., § 1740; Code 1932, § 3066; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1133.
Tenn. Code Ann. § 54-12-101 — TN Code / Title 54 / Chapter 12 / Section 54-12-101
Power to establish road improvement districts
Status: in_force

The monthly county court is vested with the power at any regular, special, or adjourned session to establish road improvement districts for the purpose of building and maintaining public roads in the road improvement districts, and building bridges, culverts, and levees on the roads and to locate and establish the roads, or provide for these things being done whenever they are of public utility or conducive to the public welfare. Acts 1919, ch. 193, § 1; 1921, ch. 147, § 1; Shan. Supp., § 1682a10; Code 1932, § 2823; modified; T.C.A. (orig. ed.), § 54-1301.
The monthly county court is vested with the power at any regular, special, or adjourned session to establish road improvement districts for the purpose of building and maintaining public roads in the road improvement districts, and building bridges, culverts, and levees on the roads and to locate and establish the roads, or provide for these things being done whenever they are of public utility or conducive to the public welfare.
Acts 1919, ch. 193, § 1; 1921, ch. 147, § 1; Shan. Supp., § 1682a10; Code 1932, § 2823; modified; T.C.A. (orig. ed.), § 54-1301.
Tenn. Code Ann. § 54-7-111 — TN Code / Title 54 / Chapter 7 / Section 54-7-111
Annual work program - Priorities for proposed work
Status: in_force

(a) The chief administrative officer shall prepare and submit to the county legislative body and to the department of transportation an annual work program to be financed under the state-aid highway system program. (b) The priorities for proposed work contained in the annual work program shall be established, taking into consideration the degree of deficiencies in the structural condition, capacity and safety of existing roadway, traffic volume and desirable level of service necessary for schools, religious institutions, industry, recreational facilities and other major uses. Acts 1974, ch. 738, § 10; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 54-1011; Acts 1980, ch. 530, § 1; 1983, ch. 320, § 4; 2012, ch. 689, § 6.
(a) The chief administrative officer shall prepare and submit to the county legislative body and to the department of transportation an annual work program to be financed under the state-aid highway system program.
(b) The priorities for proposed work contained in the annual work program shall be established, taking into consideration the degree of deficiencies in the structural condition, capacity and safety of existing roadway, traffic volume and desirable level of service necessary for schools, religious institutions, industry, recreational facilities and other major uses.
Acts 1974, ch. 738, § 10; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 54-1011; Acts 1980, ch. 530, § 1; 1983, ch. 320, § 4; 2012, ch. 689, § 6.
Tenn. Code Ann. § 54-10-207 — TN Code / Title 54 / Chapter 10 / Section 54-10-207
Costs and damages accruing in suit - Payment
Status: in_force

(a) All costs accruing in the suit shall be paid by the appellant, if the action of the jury of view is sustained by the court giving final decision, unless for good reason it should otherwise order. (b) Should the case be decided against the action of the jury of view, then all costs and any additional damages assessed by the court shall be paid out of the general fund raised for the current county purposes. Acts 1891, ch. 1, § 14; Shan., § 1626; Code 1932, § 2736; T.C.A. (orig. ed.), § 54-911.
(a) All costs accruing in the suit shall be paid by the appellant, if the action of the jury of view is sustained by the court giving final decision, unless for good reason it should otherwise order.
(b) Should the case be decided against the action of the jury of view, then all costs and any additional damages assessed by the court shall be paid out of the general fund raised for the current county purposes.
Acts 1891, ch. 1, § 14; Shan., § 1626; Code 1932, § 2736; T.C.A. (orig. ed.), § 54-911.
Tenn. Code Ann. § 54-18-203 — TN Code / Title 54 / Chapter 18 / Section 54-18-203
Objectives in adopting official map
Status: in_force

The objectives in adopting and amending official maps shall be to: (1) Protect private property rights and values; (2) Provide a means by which private construction and development may anticipate highway location and relocation, and thus prevent the loss in property values and private investment that would otherwise result in uncoordinated public and private development; (3) Avoid the waste of public funds resulting from relocation of unplanned highways or the maintenance of unneeded highways; (4) Avoid the waste of public funds resulting from the condemnation of buildings and structures constructed without regard to planned highway construction; and (5) Provide a means of coordination and cooperation between highway development and private development in order to reduce waste of physical, human, economic and financial resources. Acts 1965, ch. 251, § 3; T.C.A., §§ 54-2203, 54-19-103.
The objectives in adopting and amending official maps shall be to:
(1) Protect private property rights and values;
(2) Provide a means by which private construction and development may anticipate highway location and relocation, and thus prevent the loss in property values and private investment that would otherwise result in uncoordinated public and private development;
(3) Avoid the waste of public funds resulting from relocation of unplanned highways or the maintenance of unneeded highways;
(4) Avoid the waste of public funds resulting from the condemnation of buildings and structures constructed without regard to planned highway construction; and
(5) Provide a means of coordination and cooperation between highway development and private development in order to reduce waste of physical, human, economic and financial resources.
Acts 1965, ch. 251, § 3; T.C.A., §§ 54-2203, 54-19-103.
Tenn. Code Ann. § 54-1-205 — TN Code / Title 54 / Chapter 1 / Section 54-1-205
Employee encouraging purchase of particular material or product unlawful
Status: in_force

(a) It is unlawful for any employee of the department of transportation to encourage in any manner the purchase of any particular material or product or to assist in the initiation of requisitions for any materials or products to be purchased by any department of this state when such employee is directly interested as defined in § 12-4-101 in such material or product. (b) A violation of subsection (a) is a Class C misdemeanor. Amended by 2013 Tenn. Acts, ch. 308,s 6, eff. 7/1/2013. Acts 1953, ch. 161, § 1 (Williams, § 3227.1); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-121; Acts 1981, ch. 264, § 2; T.C.A. § 54-1-206 .
(a) It is unlawful for any employee of the department of transportation to encourage in any manner the purchase of any particular material or product or to assist in the initiation of requisitions for any materials or products to be purchased by any department of this state when such employee is directly interested as defined in § 12-4-101 in such material or product.
(b) A violation of subsection (a) is a Class C misdemeanor.
Amended by 2013 Tenn. Acts, ch. 308,s 6, eff. 7/1/2013.
Acts 1953, ch. 161, § 1 (Williams, § 3227.1); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-121; Acts 1981, ch. 264, § 2; T.C.A. § 54-1-206 .
Tenn. Code Ann. § 54-20-202 — TN Code / Title 54 / Chapter 20 / Section 54-20-202
Limitation on establishment - Exception
Status: in_force

(a) No automobile graveyard shall hereafter be established within five hundred feet (500') of any state highway in this state, nor shall any automobile graveyard hereafter be established within one thousand feet (1,000') of any state highway in this state designated as a United States route by the American Association of State Highway Officials as through routes where official signs designating the highway have been erected indicating the highway to be a United States numbered highway. (b) This added restriction on the establishment of automobile graveyards located in relation to the United States numbered routes shall not apply in any case in which the land on which the automobile graveyard is to be established has been specifically designated or zoned for automobile graveyards by the governing body of the county or city in which it is proposed to be established. Acts 1965, ch. 352, § 2; T.C.A., §§ 54-577, 54-5-902.
(a) No automobile graveyard shall hereafter be established within five hundred feet (500') of any state highway in this state, nor shall any automobile graveyard hereafter be established within one thousand feet (1,000') of any state highway in this state designated as a United States route by the American Association of State Highway Officials as through routes where official signs designating the highway have been erected indicating the highway to be a United States numbered highway.
(b) This added restriction on the establishment of automobile graveyards located in relation to the United States numbered routes shall not apply in any case in which the land on which the automobile graveyard is to be established has been specifically designated or zoned for automobile graveyards by the governing body of the county or city in which it is proposed to be established.
Acts 1965, ch. 352, § 2; T.C.A., §§ 54-577, 54-5-902.
Tenn. Code Ann. § 54-5-503 — TN Code / Title 54 / Chapter 5 / Section 54-5-503
Interstate connecting routes authorized
Status: in_force

In order for the citizens of the state to get the greatest possible use from the interstate highway system or fully controlled access highways, the department is authorized to use any powers granted under any general law to establish a system of connectors so located and spaced as to furnish adequate access to the interstate highway system or fully controlled access highways from the existing road and street networks along the interstate system or fully controlled access highways. Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 159, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-571; Acts 1999, ch. 249, § 3.
In order for the citizens of the state to get the greatest possible use from the interstate highway system or fully controlled access highways, the department is authorized to use any powers granted under any general law to establish a system of connectors so located and spaced as to furnish adequate access to the interstate highway system or fully controlled access highways from the existing road and street networks along the interstate system or fully controlled access highways.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 159, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-571; Acts 1999, ch. 249, § 3.
Tenn. Code Ann. § 54-5-1401 — TN Code / Title 54 / Chapter 5 / Section 54-5-1401
Quarterly Status Report
Status: in_force

The commissioner of transportation shall report quarterly to the state building commission on the status of road projects as approved by the general assembly as part of the department of transportation's budget or otherwise. The status report shall include a current list of projects being planned, projects under construction, and anticipated starting dates for projects not yet underway. In addition, the commissioner shall report other information that may be requested from time to time by the commission. Acts 1999, ch. 288, § 2.
The commissioner of transportation shall report quarterly to the state building commission on the status of road projects as approved by the general assembly as part of the department of transportation's budget or otherwise. The status report shall include a current list of projects being planned, projects under construction, and anticipated starting dates for projects not yet underway. In addition, the commissioner shall report other information that may be requested from time to time by the commission.
Acts 1999, ch. 288, § 2.
Tenn. Code Ann. § 54-5-204 — TN Code / Title 54 / Chapter 5 / Section 54-5-204
Maintenance of highway by state
Status: in_force

Where a municipality is not organized to care for its own streets and roads, the construction or maintenance shall be done by the state, either by contract or state forces. Acts 1929, ch. 42, § 4; Code 1932, § 3245; Acts 1947, ch. 123, § 4; C. Supp. 1950, § 3245; T.C.A. (orig. ed.), § 54-534.
Where a municipality is not organized to care for its own streets and roads, the construction or maintenance shall be done by the state, either by contract or state forces.
Acts 1929, ch. 42, § 4; Code 1932, § 3245; Acts 1947, ch. 123, § 4; C. Supp. 1950, § 3245; T.C.A. (orig. ed.), § 54-534.
Tenn. Code Ann. § 54-21-117 — TN Code / Title 54 / Chapter 21 / Section 54-21-117
Unauthorized removal, cutting, or trimming of vegetation
Status: in_force

(a) If, before obtaining an outdoor advertising device permit and a vegetation control permit, vegetation located on the right-of-way is removed, cut, or trimmed, and application is subsequently made for an outdoor advertising permit, then the commissioner may deny the permit. (b) If, before applying for a vegetation control permit, vegetation located on the right-of-way is removed, cut, or trimmed in the vicinity of an outdoor advertising device, which action was reasonably calculated to afford greater visibility of the outdoor advertising device, then the commissioner may revoke the outdoor advertising device permit or permits for the affected outdoor advertising devices. (c) Prior to invoking this section, the commissioner or the commissioner's designee shall advise the affected outdoor advertising device permit applicant or holder, whichever is appropriate, that a preliminary determination of illegality has been made. The party so advised must be given the opportunity to request a hearing to be conducted pursuant to contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, before the commissioner may make a final determination of illegality. Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Acts 1972, ch. 655, § 17; T.C.A., § 54-2617.
(a) If, before obtaining an outdoor advertising device permit and a vegetation control permit, vegetation located on the right-of-way is removed, cut, or trimmed, and application is subsequently made for an outdoor advertising permit, then the commissioner may deny the permit.
(b) If, before applying for a vegetation control permit, vegetation located on the right-of-way is removed, cut, or trimmed in the vicinity of an outdoor advertising device, which action was reasonably calculated to afford greater visibility of the outdoor advertising device, then the commissioner may revoke the outdoor advertising device permit or permits for the affected outdoor advertising devices.
(c) Prior to invoking this section, the commissioner or the commissioner's designee shall advise the affected outdoor advertising device permit applicant or holder, whichever is appropriate, that a preliminary determination of illegality has been made. The party so advised must be given the opportunity to request a hearing to be conducted pursuant to contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, before the commissioner may make a final determination of illegality.
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Acts 1972, ch. 655, § 17; T.C.A., § 54-2617.
Tenn. Code Ann. § 54-4-302 — TN Code / Title 54 / Chapter 4 / Section 54-4-302
Construction of chapter
Status: in_force

Nothing in this chapter shall be construed to require those counties having a metropolitan form of government to keep separate from each other the funds received under this chapter, to keep separate accounting of the funds or to spend the funds in a particular service district. Acts 1977, ch. 139, § 1; T.C.A., § 54-411.
Nothing in this chapter shall be construed to require those counties having a metropolitan form of government to keep separate from each other the funds received under this chapter, to keep separate accounting of the funds or to spend the funds in a particular service district.
Acts 1977, ch. 139, § 1; T.C.A., § 54-411.