Tenn. Code Ann. § 65-31-117 — TN Code / Title 65 / Chapter 31 / Section 65-31-117
Underground damage prevention fund
Status: in_force

(a) There is created an underground damage prevention fund within the Tennessee public utility commission. All civil penalties collected pursuant to this chapter shall be deposited into the underground damage prevention fund. Any moneys remaining in the underground damage prevention fund at the end of the fiscal year shall not revert to the general fund, but shall remain in the underground damage prevention fund for the exclusive use of the board. (b) The expenditure of monies in the underground damage prevention fund is at the discretion of the board for the following purposes: (1) Reducing the amount of its annual operating cost to be assessed to operators for the investigative and administrative services performed by the Tennessee public utility commission; (2) Providing grants to operators with fewer than five thousand (5,000) customers to assist the recipient in complying with the mandatory notification center requirements of this chapter. However, grants must not be used for operating expenses; and (3) Providing public awareness, educational programs, or materials in a manner and by vendors as determined and selected by the board. Amended by 2024 Tenn. Acts, ch. 628,s 8, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 307, s 9, eff. 7/1/2021. Amended by 2017 Tenn. Acts, ch. 94, s 79, eff. 4/4/2017. Added by 2015 Tenn. Acts, ch. 488, s 8, eff. 5/20/2015.
(a) There is created an underground damage prevention fund within the Tennessee public utility commission. All civil penalties collected pursuant to this chapter shall be deposited into the underground damage prevention fund. Any moneys remaining in the underground damage prevention fund at the end of the fiscal year shall not revert to the general fund, but shall remain in the underground damage prevention fund for the exclusive use of the board.
(b) The expenditure of monies in the underground damage prevention fund is at the discretion of the board for the following purposes: (1) Reducing the amount of its annual operating cost to be assessed to operators for the investigative and administrative services performed by the Tennessee public utility commission; (2) Providing grants to operators with fewer than five thousand (5,000) customers to assist the recipient in complying with the mandatory notification center requirements of this chapter. However, grants must not be used for operating expenses; and (3) Providing public awareness, educational programs, or materials in a manner and by vendors as determined and selected by the board.
(1) Reducing the amount of its annual operating cost to be assessed to operators for the investigative and administrative services performed by the Tennessee public utility commission;
(2) Providing grants to operators with fewer than five thousand (5,000) customers to assist the recipient in complying with the mandatory notification center requirements of this chapter. However, grants must not be used for operating expenses; and
(3) Providing public awareness, educational programs, or materials in a manner and by vendors as determined and selected by the board.
Amended by 2024 Tenn. Acts, ch. 628,s 8, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 307, s 9, eff. 7/1/2021.
Amended by 2017 Tenn. Acts, ch. 94, s 79, eff. 4/4/2017.
Added by 2015 Tenn. Acts, ch. 488, s 8, eff. 5/20/2015.
Tenn. Code Ann. § 65-3-105 — TN Code / Title 65 / Chapter 3 / Section 65-3-105
Enforcement of regulations and orders
Status: in_force

The department of transportation is to perform all duties imposed upon it by this chapter and chapter 5 of this title, and see that such companies shall comply with all such regulations and orders as it may reasonably and lawfully make. If any such company fails or refuses to comply with such reasonable and lawful regulations and orders, it shall be the duty of the department of transportation to enforce the same. Power is given the department of transportation to enforce the same by mandamus or mandatory injunction, or by other summary proceedings provided by law. In all such proceedings, the orders, regulations, rates and tariffs made and fixed by the department of transportation pursuant to this chapter and chapter 5 of this title shall be taken and treated as prima facie reasonable and valid. It is made the duty of the courts having jurisdiction in such proceedings to hear and determine all such summary causes as speedily as practicable, giving preference or priority thereto as in revenue causes. Acts 1897, ch. 10, § 32; 1915, ch. 92, § 1; Shan., § 3059a69; Acts 1921, ch. 70, § 2; mod. Code 1932, § 5445; T.C.A. (orig. ed.), § 65-305; Acts 1995, ch. 305, § 10.
The department of transportation is to perform all duties imposed upon it by this chapter and chapter 5 of this title, and see that such companies shall comply with all such regulations and orders as it may reasonably and lawfully make. If any such company fails or refuses to comply with such reasonable and lawful regulations and orders, it shall be the duty of the department of transportation to enforce the same. Power is given the department of transportation to enforce the same by mandamus or mandatory injunction, or by other summary proceedings provided by law. In all such proceedings, the orders, regulations, rates and tariffs made and fixed by the department of transportation pursuant to this chapter and chapter 5 of this title shall be taken and treated as prima facie reasonable and valid. It is made the duty of the courts having jurisdiction in such proceedings to hear and determine all such summary causes as speedily as practicable, giving preference or priority thereto as in revenue causes.
Acts 1897, ch. 10, § 32; 1915, ch. 92, § 1; Shan., § 3059a69; Acts 1921, ch. 70, § 2; mod. Code 1932, § 5445; T.C.A. (orig. ed.), § 65-305; Acts 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-15-305 — TN Code / Title 65 / Chapter 15 / Section 65-15-305
Complaint handling procedures - Recordkeeping requirements
Status: in_force

(a) A transportation network company operating in this state shall establish procedures to report any complaint about a driver with whom a rider was matched and whom the rider reasonably suspects was under the influence of drugs or alcohol during the course of the trip. (b) Upon receipt of a rider complaint alleging a violation of the zero-tolerance policy set out in § 65-15-304(4) , the transportation network company shall immediately suspend the driver's access to the transportation network company's digital network, and shall conduct an investigation into the reported complaint. The suspension shall last the duration of the investigation. (c) The transportation network company shall maintain records relevant to a rider complaint made pursuant to this section for a period of at least two (2) years from the date that a complaint is received by the transportation network company. Added by 2015 Tenn. Acts, ch. 520,s 4, eff. 5/20/2015.
(a) A transportation network company operating in this state shall establish procedures to report any complaint about a driver with whom a rider was matched and whom the rider reasonably suspects was under the influence of drugs or alcohol during the course of the trip.
(b) Upon receipt of a rider complaint alleging a violation of the zero-tolerance policy set out in § 65-15-304(4) , the transportation network company shall immediately suspend the driver's access to the transportation network company's digital network, and shall conduct an investigation into the reported complaint. The suspension shall last the duration of the investigation.
(c) The transportation network company shall maintain records relevant to a rider complaint made pursuant to this section for a period of at least two (2) years from the date that a complaint is received by the transportation network company.
Added by 2015 Tenn. Acts, ch. 520,s 4, eff. 5/20/2015.
Tenn. Code Ann. § 65-7-116 — TN Code / Title 65 / Chapter 7 / Section 65-7-116
Issuance of stock
Status: in_force

The railroad company shall, when the subscription becomes due and payable, as prescribed, make out and deliver to the county, city, or town, as the case may be, certificates of its capital stock amounting to the subscription, and the certificates shall be held, owned, and voted by such county, city, or town as by other stockholders, and the certificates of stock, and dividends and profits thereon, and the public benefits derived from the construction and operation of the railroad, shall be in full consideration of such subscription and the benefits derived therefrom by the railroad company. Acts 1887, ch. 3, § 15; Shan., § 1573; Code 1932, § 2627; T.C.A. (orig. ed.), § 65-716.
The railroad company shall, when the subscription becomes due and payable, as prescribed, make out and deliver to the county, city, or town, as the case may be, certificates of its capital stock amounting to the subscription, and the certificates shall be held, owned, and voted by such county, city, or town as by other stockholders, and the certificates of stock, and dividends and profits thereon, and the public benefits derived from the construction and operation of the railroad, shall be in full consideration of such subscription and the benefits derived therefrom by the railroad company.
Acts 1887, ch. 3, § 15; Shan., § 1573; Code 1932, § 2627; T.C.A. (orig. ed.), § 65-716.
Tenn. Code Ann. § 65-10-207 — TN Code / Title 65 / Chapter 10 / Section 65-10-207
Indemnity bond - Judgment by motion
Status: in_force

Any such railroad company shall have the right to demand from any principal contractor or construction company an indemnity or refunding bond to protect it in case of the enforcement of the liens created by § 65-10-201 ; and in case any original contractor or construction company is paid for work done or material furnished, or any part of it, covered by this part, and such original contractor or construction company should fail to pay any subcontractor, laborer, or materialman, for work done or material furnished, as specified in § 65-10-201 , then, upon the payment of such subcontractor, laborer, or materialman of the amount due, such railroad company shall have judgment, by motion, for such amount so paid on such bond in court; but any contractor or construction company shall have the right to intervene and contest the claim of such subcontractor, laborer, or materialman claiming to be employed by such contractor or construction company. Acts 1891, ch. 98, § 5; Shan., § 3586; mod. Code 1932, § 8008; T.C.A. § 65-1017.
Any such railroad company shall have the right to demand from any principal contractor or construction company an indemnity or refunding bond to protect it in case of the enforcement of the liens created by § 65-10-201 ; and in case any original contractor or construction company is paid for work done or material furnished, or any part of it, covered by this part, and such original contractor or construction company should fail to pay any subcontractor, laborer, or materialman, for work done or material furnished, as specified in § 65-10-201 , then, upon the payment of such subcontractor, laborer, or materialman of the amount due, such railroad company shall have judgment, by motion, for such amount so paid on such bond in court; but any contractor or construction company shall have the right to intervene and contest the claim of such subcontractor, laborer, or materialman claiming to be employed by such contractor or construction company.
Acts 1891, ch. 98, § 5; Shan., § 3586; mod. Code 1932, § 8008; T.C.A. § 65-1017.
Tenn. Code Ann. § 65-3-118 — TN Code / Title 65 / Chapter 3 / Section 65-3-118
Fees of sheriff or constable executing process
Status: in_force

The sheriff or constable executing any process issued under this chapter and chapter 5 of this title shall receive such compensation as may be allowed by the department of transportation, not to exceed the fees prescribed by law for similar services. Acts 1897, ch. 10, § 10; Shan., § 3059a35; Code 1932, § 5411; T.C.A. (orig. ed.), § 65-320; Acts 1995, ch. 305, § 10.
The sheriff or constable executing any process issued under this chapter and chapter 5 of this title shall receive such compensation as may be allowed by the department of transportation, not to exceed the fees prescribed by law for similar services.
Acts 1897, ch. 10, § 10; Shan., § 3059a35; Code 1932, § 5411; T.C.A. (orig. ed.), § 65-320; Acts 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-35-103 — TN Code / Title 65 / Chapter 35 / Section 65-35-103
Evidence of violation
Status: in_force

(a) Any property on which it is found to have telephone, electric, gas, sanitary sewer, or water utilities tampered with in violation of § 65-35-102 , and capable of receiving telephone, electricity, gas, sanitary sewer, or water service as a result of the use of any method of diversion prohibited in that section, is prima facie evidence and creates against the tenant or occupant a presumption of intent to tamper or divert in violation of § 65-35-102 . (b) The presence upon property served by a utility of a metering device altered to improperly monitor the amount of utility service used on or by such property is presumptive evidence that the utility customer has diverted or used utility service with the intent to deprive or defraud the utility from receiving proper charges or payment for such utility service in violation of this chapter. Acts 1990, ch. 851, §3; 1997 , ch. 116, § 5.
(a) Any property on which it is found to have telephone, electric, gas, sanitary sewer, or water utilities tampered with in violation of § 65-35-102 , and capable of receiving telephone, electricity, gas, sanitary sewer, or water service as a result of the use of any method of diversion prohibited in that section, is prima facie evidence and creates against the tenant or occupant a presumption of intent to tamper or divert in violation of § 65-35-102 .
(b) The presence upon property served by a utility of a metering device altered to improperly monitor the amount of utility service used on or by such property is presumptive evidence that the utility customer has diverted or used utility service with the intent to deprive or defraud the utility from receiving proper charges or payment for such utility service in violation of this chapter.
Acts 1990, ch. 851, §3; 1997 , ch. 116, § 5.
Tenn. Code Ann. § 65-21-107 — TN Code / Title 65 / Chapter 21 / Section 65-21-107
Government messages
Status: in_force

(a) In consideration of the right-of-way over public property pursuant to §§ 65-21-101 and 65-21-201 , every telegraph or telephone corporation shall, in the case of war, insurrection, or civil commotion of any kind, and for the arrest of criminals, give immediate dispatch, at the usual rates of charge, to any message connected therewith of any officer of the state or of the United States. (b) Any officer or agent of a telegraph or telephone company who fails or refuses to carry out the provisions of subsection (a) commits a Class A misdemeanor. Acts 1885, ch. 66, §§ 5, 6; 1907, ch. 134, § 1; Shan., §§ 1835, 1836, 2444a2; Code 1932, §§ 3099, 3100, 4057; T.C.A. (orig. ed.), §§ 65-2112, 65-2113; Acts 1989, ch. 591, § 111.
(a) In consideration of the right-of-way over public property pursuant to §§ 65-21-101 and 65-21-201 , every telegraph or telephone corporation shall, in the case of war, insurrection, or civil commotion of any kind, and for the arrest of criminals, give immediate dispatch, at the usual rates of charge, to any message connected therewith of any officer of the state or of the United States.
(b) Any officer or agent of a telegraph or telephone company who fails or refuses to carry out the provisions of subsection (a) commits a Class A misdemeanor.
Acts 1885, ch. 66, §§ 5, 6; 1907, ch. 134, § 1; Shan., §§ 1835, 1836, 2444a2; Code 1932, §§ 3099, 3100, 4057; T.C.A. (orig. ed.), §§ 65-2112, 65-2113; Acts 1989, ch. 591, § 111.
Tenn. Code Ann. § 65-33-106 — TN Code / Title 65 / Chapter 33 / Section 65-33-106
Adjustment of payment to reflect rate changes
Status: in_force

If the cost of power or fuel supplies to a utility increases or decreases significantly at any time and appears likely to remain at this new level so that the adjustment in the twelfth month would exceed the averaged monthly payment, the utility may adjust the averaged monthly payments. Acts 1978, ch. 615, § 6; T.C.A., § 65-3506.
If the cost of power or fuel supplies to a utility increases or decreases significantly at any time and appears likely to remain at this new level so that the adjustment in the twelfth month would exceed the averaged monthly payment, the utility may adjust the averaged monthly payments.
Acts 1978, ch. 615, § 6; T.C.A., § 65-3506.
Tenn. Code Ann. § 65-27-101 — TN Code / Title 65 / Chapter 27 / Section 65-27-101
Power of condemnation
Status: in_force

(a) Any water company is empowered to acquire, by purchase, condemnation, or other proper method, the right to use and divert the water flowing and running into any stream or watercourse which may be necessary to the exercise of any of the powers of a public or quasi public character granted to the corporation; and whenever it shall be necessary so to divert the water from any such stream or watercourse, the corporation shall have the right to have the water to be so diverted and the land so to be used, over which it shall be conducted, condemned, and the value thereof assessed in the manner provided in title 29, chapter 16; and it may in like manner take such land, water, and riparian rights, and such rights-of-way as may be necessary for establishing and maintaining its power houses, canals, flumes, conduits, pipelines, ponds, dams, reservoirs, and other works, and the rights-of-way to any and all lands between its ponds, dams, and reservoirs and power houses, and the cities, towns, and villages and other points at which its water may be transmitted, consumed, or disposed of as may be necessary to place its conductors, canals, flumes, pipelines, either above or underground, and may at any time enter thereon and repair same, or when deemed advisable, to place additional equipment, appliances, or appurtenances; but, in all cases, such act shall be done in such manner and with such haste as to do as little injury to private property as possible. (b) Any exercise of the powers granted under this section is subject to and shall not conflict with the Water Quality Control Act, compiled in [former] title 69, chapter 3, part 2 [repealed], or the Inter-basin Water Transfer Act, compiled in title 69, ch. 7, part 2 and the regulations thereunder. Acts 1909, ch. 127, § 5; Shan., § 2489a5; mod. Code 1932, §4067; T.C.A. (orig. ed.), § 65-2701; Acts 2000, ch. 854, § 11.
(a) Any water company is empowered to acquire, by purchase, condemnation, or other proper method, the right to use and divert the water flowing and running into any stream or watercourse which may be necessary to the exercise of any of the powers of a public or quasi public character granted to the corporation; and whenever it shall be necessary so to divert the water from any such stream or watercourse, the corporation shall have the right to have the water to be so diverted and the land so to be used, over which it shall be conducted, condemned, and the value thereof assessed in the manner provided in title 29, chapter 16; and it may in like manner take such land, water, and riparian rights, and such rights-of-way as may be necessary for establishing and maintaining its power houses, canals, flumes, conduits, pipelines, ponds, dams, reservoirs, and other works, and the rights-of-way to any and all lands between its ponds, dams, and reservoirs and power houses, and the cities, towns, and villages and other points at which its water may be transmitted, consumed, or disposed of as may be necessary to place its conductors, canals, flumes, pipelines, either above or underground, and may at any time enter thereon and repair same, or when deemed advisable, to place additional equipment, appliances, or appurtenances; but, in all cases, such act shall be done in such manner and with such haste as to do as little injury to private property as possible.
(b) Any exercise of the powers granted under this section is subject to and shall not conflict with the Water Quality Control Act, compiled in [former] title 69, chapter 3, part 2 [repealed], or the Inter-basin Water Transfer Act, compiled in title 69, ch. 7, part 2 and the regulations thereunder.
Acts 1909, ch. 127, § 5; Shan., § 2489a5; mod. Code 1932, §4067; T.C.A. (orig. ed.), § 65-2701; Acts 2000, ch. 854, § 11.
Tenn. Code Ann. § 65-3-201 — TN Code / Title 65 / Chapter 3 / Section 65-3-201
General provisions
Status: in_force

(a) Every railroad which is doing business in this state and subject to the control and jurisdiction of the department of transportation and to which this chapter applies, shall pay to the state on or before July 1 of each year, a fee for the inspection, control and supervision of the business, service and rates of such railroads. (b) The fee prescribed by this section shall be paid by railroads in addition to any and all property, franchise, license and other taxes, fees and charges fixed, assessed or charged by law against the railroads. (c) The amount of the fee prescribed by this section shall be assessed against the actual ton miles operated annually by each railroad in this state, but no fee shall be assessed against any ton miles operated in excess of the maximum assessable ton miles for each railroad. The maximum assessable ton miles shall be the total ton miles reported to the former public service commission by each railroad in calendar year 1990, plus four percent (4%) of that base amount for each calendar year thereafter. The fee fixed and assessed against these ton miles to be paid by each railroad is four cents (4¢) per one thousand (1,000) ton miles. This fee is effective on payments made to the former public service commission on or before July 1, 1995, based upon ton miles for the calendar year 1995, and in each year thereafter. (d) In no case shall the fee to be paid be less than one hundred dollars ($100) which will be the minimum inspection, control and supervision fee to be paid by any railroad subject to such fee. Acts 1970, ch. 599, § 1(1-4); T.C.A., § 65-332; Acts 1986, ch. 862, § 4; 1988, ch. 582, § 1; 1991, ch. 271, § 1; 1995, ch. 305, § 10; 1995, ch. 536, § 1; 1998, ch. 646, § 1.
(a) Every railroad which is doing business in this state and subject to the control and jurisdiction of the department of transportation and to which this chapter applies, shall pay to the state on or before July 1 of each year, a fee for the inspection, control and supervision of the business, service and rates of such railroads.
(b) The fee prescribed by this section shall be paid by railroads in addition to any and all property, franchise, license and other taxes, fees and charges fixed, assessed or charged by law against the railroads.
(c) The amount of the fee prescribed by this section shall be assessed against the actual ton miles operated annually by each railroad in this state, but no fee shall be assessed against any ton miles operated in excess of the maximum assessable ton miles for each railroad. The maximum assessable ton miles shall be the total ton miles reported to the former public service commission by each railroad in calendar year 1990, plus four percent (4%) of that base amount for each calendar year thereafter. The fee fixed and assessed against these ton miles to be paid by each railroad is four cents (4¢) per one thousand (1,000) ton miles. This fee is effective on payments made to the former public service commission on or before July 1, 1995, based upon ton miles for the calendar year 1995, and in each year thereafter.
(d) In no case shall the fee to be paid be less than one hundred dollars ($100) which will be the minimum inspection, control and supervision fee to be paid by any railroad subject to such fee.
Acts 1970, ch. 599, § 1(1-4); T.C.A., § 65-332; Acts 1986, ch. 862, § 4; 1988, ch. 582, § 1; 1991, ch. 271, § 1; 1995, ch. 305, § 10; 1995, ch. 536, § 1; 1998, ch. 646, § 1.
Tenn. Code Ann. § 65-3-110 — TN Code / Title 65 / Chapter 3 / Section 65-3-110
Power of department of transportation to take evidence
Status: in_force

The department of transportation has the power to examine, under oath, any person, or the directors, officers, agents, and employees of any such corporation doing business in this state, concerning the management of its affairs, and to obtain information pursuant to this chapter and chapter 5 of this title, and has the power to issue subpoenas for the attendance of witnesses, to compel the production of books and papers, and to administer oaths. Acts 1897, ch. 10, § 9; Shan., § 3059a27; Code 1932, § 5403; T.C.A. (orig. ed.), § 65-312; Acts 1995, ch. 305, § 10.
The department of transportation has the power to examine, under oath, any person, or the directors, officers, agents, and employees of any such corporation doing business in this state, concerning the management of its affairs, and to obtain information pursuant to this chapter and chapter 5 of this title, and has the power to issue subpoenas for the attendance of witnesses, to compel the production of books and papers, and to administer oaths.
Acts 1897, ch. 10, § 9; Shan., § 3059a27; Code 1932, § 5403; T.C.A. (orig. ed.), § 65-312; Acts 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-5-301 — TN Code / Title 65 / Chapter 5 / Section 65-5-301
Short title
Status: in_force

This part shall be known and may be cited as the "Uniform Access, Competition, and Consumer Fairness Act of 2011." Acts 2011, ch. 68, § 1.
This part shall be known and may be cited as the "Uniform Access, Competition, and Consumer Fairness Act of 2011."
Acts 2011, ch. 68, § 1.
Tenn. Code Ann. § 65-4-114 — TN Code / Title 65 / Chapter 4 / Section 65-4-114
Service requirements
Status: in_force

The commission has the power, after hearing, upon notice, by order in writing, to require every public utility, as defined in § 65-4-101 , to: (1) Furnish safe, adequate, and proper service and to keep and maintain its property and equipment in such condition as to enable it to do so; and (2) Establish, construct, maintain, and operate any reasonable extension of its existing facilities where, in the judgment of the commission, such extension is reasonable and practicable, and will furnish sufficient business to justify the construction, operation, and maintenance of the same, and when the financial condition of the public utility affected reasonably warrants the original expenditure required in making such extension, or to abandon any service when, in the judgment of the commission, the public welfare no longer requires the same. Acts 1919, ch. 49, § 5; Shan. Supp., § 3059a88; Code 1932, § 5451; T.C.A. (orig. ed.), § 65-414; Acts 1993, ch. 23, § 1; T.C.A., § 65-4-113 ; Acts 1995, ch. 305, § 20.
The commission has the power, after hearing, upon notice, by order in writing, to require every public utility, as defined in § 65-4-101 , to:
(1) Furnish safe, adequate, and proper service and to keep and maintain its property and equipment in such condition as to enable it to do so; and
(2) Establish, construct, maintain, and operate any reasonable extension of its existing facilities where, in the judgment of the commission, such extension is reasonable and practicable, and will furnish sufficient business to justify the construction, operation, and maintenance of the same, and when the financial condition of the public utility affected reasonably warrants the original expenditure required in making such extension, or to abandon any service when, in the judgment of the commission, the public welfare no longer requires the same.
Acts 1919, ch. 49, § 5; Shan. Supp., § 3059a88; Code 1932, § 5451; T.C.A. (orig. ed.), § 65-414; Acts 1993, ch. 23, § 1; T.C.A., § 65-4-113 ; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-5-110 — TN Code / Title 65 / Chapter 5 / Section 65-5-110
Commission jurisdiction
Status: in_force

(a) In addition to any other jurisdiction conferred, the commission shall have the original jurisdiction to investigate, hear and enter appropriate orders to resolve all contested issues of fact or law arising as a result of the application of chapter 408 of the Public Acts of 1995. (b) The consumer advocate shall retain all powers with respect to chapter 408 of the Public Acts of 1995 as is provided in § 65-4-118 , or any future legislation. (c) Nothing in chapter 408 of the Public Acts of 1995 shall be construed as removing the powers of the former commission pursuant to § 65-5-102 . (d) Nothing in chapter 408 of the Public Acts of 1995 shall affect the authority and duty of the former commission to complete any investigation pending as of June 6, 1995. (e) Nothing in chapter 408 of the Public Acts of 1995 shall be construed to affect the assessment for ad valorem taxation of property used to provide telecommunications services, and to that end it is declared that the fifty-five percent (55%) level of assessments shall remain applicable to property used in whole or in part to provide telecommunications services other than cellular telephone services, radio common carrier services, or long distance telephone services. Acts 1995, ch. 408, §§ 11-14; T.C.A. § 65-5-210.
(a) In addition to any other jurisdiction conferred, the commission shall have the original jurisdiction to investigate, hear and enter appropriate orders to resolve all contested issues of fact or law arising as a result of the application of chapter 408 of the Public Acts of 1995.
(b) The consumer advocate shall retain all powers with respect to chapter 408 of the Public Acts of 1995 as is provided in § 65-4-118 , or any future legislation.
(c) Nothing in chapter 408 of the Public Acts of 1995 shall be construed as removing the powers of the former commission pursuant to § 65-5-102 .
(d) Nothing in chapter 408 of the Public Acts of 1995 shall affect the authority and duty of the former commission to complete any investigation pending as of June 6, 1995.
(e) Nothing in chapter 408 of the Public Acts of 1995 shall be construed to affect the assessment for ad valorem taxation of property used to provide telecommunications services, and to that end it is declared that the fifty-five percent (55%) level of assessments shall remain applicable to property used in whole or in part to provide telecommunications services other than cellular telephone services, radio common carrier services, or long distance telephone services.
Acts 1995, ch. 408, §§ 11-14; T.C.A. § 65-5-210.
Tenn. Code Ann. § 65-7-103 — TN Code / Title 65 / Chapter 7 / Section 65-7-103
Conditions precedent to subscription
Status: in_force

(a) Before any county makes any subscription under this chapter, the president, or other authorized officer or agent of the railroad company, shall submit to the county mayor an application in the name of the company, setting forth the proposed termini of its railroad, the amount of the subscription asked for, the time within which its road will be constructed through the county, and that the application is made under this chapter, and the same shall be accompanied by a plan or map, certified by the chief engineer of the company, showing the general direction and line of its railroad in the county. (b) Before an incorporated city or town shall make any subscription under this chapter, such application must be submitted to its mayor or chief executive officer, showing the proposed termini of its railroad, accompanied with the declaration, on the part of the company, that it will locate and construct its railroad within one (1) mile of such incorporated city or town, within such time as shall be fixed in the application. Acts 1887, ch. 3, § 3; Shan., § 1560; Code 1932, §2614; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 65-703.
(a) Before any county makes any subscription under this chapter, the president, or other authorized officer or agent of the railroad company, shall submit to the county mayor an application in the name of the company, setting forth the proposed termini of its railroad, the amount of the subscription asked for, the time within which its road will be constructed through the county, and that the application is made under this chapter, and the same shall be accompanied by a plan or map, certified by the chief engineer of the company, showing the general direction and line of its railroad in the county.
(b) Before an incorporated city or town shall make any subscription under this chapter, such application must be submitted to its mayor or chief executive officer, showing the proposed termini of its railroad, accompanied with the declaration, on the part of the company, that it will locate and construct its railroad within one (1) mile of such incorporated city or town, within such time as shall be fixed in the application.
Acts 1887, ch. 3, § 3; Shan., § 1560; Code 1932, §2614; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 65-703.
Tenn. Code Ann. § 65-2-108 — TN Code / Title 65 / Chapter 2 / Section 65-2-108
Notice and hearing in contested cases
Status: in_force

All parties to contested cases shall be afforded an opportunity for hearing after reasonable notice. The notice shall state the time, place, and issues involved as specifically as may be practicable. At the hearing all parties shall be afforded an opportunity to present evidence and argument in accordance with the rules of the commission; provided, that informal disposition may also be made of any case by stipulation, agreed settlement, consent order, or default; and provided further, that this section shall not be applicable to proceedings otherwise provided for by law. Acts 1953, ch. 162, § 8 (Williams, § 5501.31); T.C.A. (orig. ed.), § 65-208; Acts 1995, ch. 305, § 9.
All parties to contested cases shall be afforded an opportunity for hearing after reasonable notice. The notice shall state the time, place, and issues involved as specifically as may be practicable. At the hearing all parties shall be afforded an opportunity to present evidence and argument in accordance with the rules of the commission; provided, that informal disposition may also be made of any case by stipulation, agreed settlement, consent order, or default; and provided further, that this section shall not be applicable to proceedings otherwise provided for by law.
Acts 1953, ch. 162, § 8 (Williams, § 5501.31); T.C.A. (orig. ed.), § 65-208; Acts 1995, ch. 305, § 9.
Tenn. Code Ann. § 65-4-406 — TN Code / Title 65 / Chapter 4 / Section 65-4-406
Remedies not exclusive
Status: in_force

The remedies, duties, prohibitions, and penalties of this part are not exclusive and are in addition to the Consumer Telemarketing Protection Act of 1990, compiled in title 47, chapter 18, part 15, and all other causes of action, remedies, and penalties provided by law. Acts 1999, ch. 478, § 6.
The remedies, duties, prohibitions, and penalties of this part are not exclusive and are in addition to the Consumer Telemarketing Protection Act of 1990, compiled in title 47, chapter 18, part 15, and all other causes of action, remedies, and penalties provided by law.
Acts 1999, ch. 478, § 6.
Tenn. Code Ann. § 65-27-105 — TN Code / Title 65 / Chapter 27 / Section 65-27-105
Authority to lay pipes
Status: in_force

To enable the corporation to establish its works, it is empowered to: (1) Lay down pipes through the streets, lanes, and alleys of the town, city, or village in such manner as to produce the least possible inconvenience to the town, city, or village, or to its inhabitants, or to travelers; and (2) Take up pavements and sidewalks; provided, that it shall repair the same with the least possible delay. Acts 1877, ch. 104, § 1; Shan., § 2492; Code 1932, § 4066; T.C.A. (orig. ed.), § 65-2705.
To enable the corporation to establish its works, it is empowered to:
(1) Lay down pipes through the streets, lanes, and alleys of the town, city, or village in such manner as to produce the least possible inconvenience to the town, city, or village, or to its inhabitants, or to travelers; and
(2) Take up pavements and sidewalks; provided, that it shall repair the same with the least possible delay.
provided, that it shall repair the same with the least possible delay.
Acts 1877, ch. 104, § 1; Shan., § 2492; Code 1932, § 4066; T.C.A. (orig. ed.), § 65-2705.
Tenn. Code Ann. § 65-10-108 — TN Code / Title 65 / Chapter 10 / Section 65-10-108
Lien of laborer or materialman against subcontractor
Status: in_force

If any subcontractor refuses to pay any mechanic, laborer, or other person employed by such contractor, for the performance of any of the work, or the delivery of material for the purposes provided for in § 65-10-101 , such mechanic, laborer, or other person so employed by the subcontractor may elect to give notice, in writing, to the principal contractor, setting out the work done or the material furnished, and the amount claimed therefor; and thereupon the amount that may be due or owing from the principal contractor to the subcontractor, not exceeding the amount of the claim, shall be bound and liable in the hands of the principal contractor, for the amount so claimed, for a period of ninety (90) days from the date of the service of notice upon the principal contractor, or the principal contractor's agent or attorney, and until the termination of any suit commenced within that time for the collection of such claim. Acts 1883, ch. 220, § 4; Shan., § 3577; mod. Code 1932, § 7999; T.C.A. (orig. ed.), § 65-1008.
If any subcontractor refuses to pay any mechanic, laborer, or other person employed by such contractor, for the performance of any of the work, or the delivery of material for the purposes provided for in § 65-10-101 , such mechanic, laborer, or other person so employed by the subcontractor may elect to give notice, in writing, to the principal contractor, setting out the work done or the material furnished, and the amount claimed therefor; and thereupon the amount that may be due or owing from the principal contractor to the subcontractor, not exceeding the amount of the claim, shall be bound and liable in the hands of the principal contractor, for the amount so claimed, for a period of ninety (90) days from the date of the service of notice upon the principal contractor, or the principal contractor's agent or attorney, and until the termination of any suit commenced within that time for the collection of such claim.
Acts 1883, ch. 220, § 4; Shan., § 3577; mod. Code 1932, § 7999; T.C.A. (orig. ed.), § 65-1008.
Tenn. Code Ann. § 65-15-306 — TN Code / Title 65 / Chapter 15 / Section 65-15-306
Individuals prohibited from acting as drivers
Status: in_force

A transportation network company operating in this state shall not permit any individual to act as a driver on its digital network who: (1) Has been convicted of more than three (3) moving violations in the prior three-year period, or one (1) major violation in the past three-year period, including, but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license; (2) Has been convicted, within the past seven (7) years, of driving under the influence of drugs or alcohol, fraud, any sexual offense, use of a motor vehicle to commit a felony, a crime involving property damage, theft, any crime involving acts of violence, or acts of terror; (3) Is a match in the national sex offender registry; (4) Does not possess a valid driver license; (5) Does not possess proof of registration for any motor vehicle used to provide a prearranged ride; (6) Does not possess proof of personal automobile liability insurance that satisfies the requirements of title 55, chapter 12, for any motor vehicle used to provide a prearranged ride; or (7) Is not at least nineteen (19) years of age. Added by 2015 Tenn. Acts, ch. 520,s 4, eff. 5/20/2015.
A transportation network company operating in this state shall not permit any individual to act as a driver on its digital network who:
(1) Has been convicted of more than three (3) moving violations in the prior three-year period, or one (1) major violation in the past three-year period, including, but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license;
(2) Has been convicted, within the past seven (7) years, of driving under the influence of drugs or alcohol, fraud, any sexual offense, use of a motor vehicle to commit a felony, a crime involving property damage, theft, any crime involving acts of violence, or acts of terror;
(3) Is a match in the national sex offender registry;
(4) Does not possess a valid driver license;
(5) Does not possess proof of registration for any motor vehicle used to provide a prearranged ride;
(6) Does not possess proof of personal automobile liability insurance that satisfies the requirements of title 55, chapter 12, for any motor vehicle used to provide a prearranged ride; or
(7) Is not at least nineteen (19) years of age.
Added by 2015 Tenn. Acts, ch. 520,s 4, eff. 5/20/2015.
Tenn. Code Ann. § 65-9-109 — TN Code / Title 65 / Chapter 9 / Section 65-9-109
Consolidation of proposed roads
Status: in_force

(a) It is lawful for any railroad corporation, existing in this state under a general law, that now has under construction, or proposes to construct and operate and maintain, a railroad for the transportation as common carrier of persons and freights, to consolidate with any other railroad corporation that has under construction, or proposes to construct and operate and maintain, another such railroad for the transportation of persons and freights. (b) The consolidation provided for in subsection (a) shall not have effect until the terms and conditions of the agreement shall have been approved by a majority of the stockholders of each of the consolidating companies at a regular annual meeting, or at a called meeting called for that purpose. (c) This section shall not apply to corporations whose proposed railroad line or lines shall run parallel to each other, or in any way compete with each other for the transportation of persons and freights from or to the same points, it being the intention to apply this section, and extend the privileges granted, to such corporations as have, or may have, under construction, or propose to construct, such railroad lines as, when consolidated, will form one (1) continuous line, or one will be but an extension of another or others. (d) This section shall apply to railroads under construction, or proposed to be constructed, which, when completed, are to be connected, and form one (1) continuous line in this or other states; provided, that the part of the road so consolidated lying in this state shall be subject to the jurisdiction of the state in its legislative and judicial departments to the same extent as if no such consolidation had been made. Acts 1887, ch. 188, §§ 1-4; Shan., §§ 1532-1535; Code 1932, §§ 2605-2608; T.C.A. (orig. ed.), §§ 65-909 -- 65-912.
(a) It is lawful for any railroad corporation, existing in this state under a general law, that now has under construction, or proposes to construct and operate and maintain, a railroad for the transportation as common carrier of persons and freights, to consolidate with any other railroad corporation that has under construction, or proposes to construct and operate and maintain, another such railroad for the transportation of persons and freights.
(b) The consolidation provided for in subsection (a) shall not have effect until the terms and conditions of the agreement shall have been approved by a majority of the stockholders of each of the consolidating companies at a regular annual meeting, or at a called meeting called for that purpose.
(c) This section shall not apply to corporations whose proposed railroad line or lines shall run parallel to each other, or in any way compete with each other for the transportation of persons and freights from or to the same points, it being the intention to apply this section, and extend the privileges granted, to such corporations as have, or may have, under construction, or propose to construct, such railroad lines as, when consolidated, will form one (1) continuous line, or one will be but an extension of another or others.
(d) This section shall apply to railroads under construction, or proposed to be constructed, which, when completed, are to be connected, and form one (1) continuous line in this or other states; provided, that the part of the road so consolidated lying in this state shall be subject to the jurisdiction of the state in its legislative and judicial departments to the same extent as if no such consolidation had been made.
Acts 1887, ch. 188, §§ 1-4; Shan., §§ 1532-1535; Code 1932, §§ 2605-2608; T.C.A. (orig. ed.), §§ 65-909 -- 65-912.
Tenn. Code Ann. § 65-17-102 — TN Code / Title 65 / Chapter 17 / Section 65-17-102
Applicability
Status: in_force

(a) This chapter shall not apply in any local government that has adopted regulations related to the siting of wind energy facilities in its jurisdiction on or before January 1, 2019. (b) This chapter shall not apply to any wind energy facility located in this state that was constructed prior to April 24, 2018. Amended by 2018 Tenn. Acts, ch. 825,Secs.s17, s18 eff. 4/24/2018. Added by 2017 Tenn. Acts, ch. 368,s 3, eff. 5/11/2017.
(a) This chapter shall not apply in any local government that has adopted regulations related to the siting of wind energy facilities in its jurisdiction on or before January 1, 2019.
(b) This chapter shall not apply to any wind energy facility located in this state that was constructed prior to April 24, 2018.
Amended by 2018 Tenn. Acts, ch. 825,Secs.s17, s18 eff. 4/24/2018.
Added by 2017 Tenn. Acts, ch. 368,s 3, eff. 5/11/2017.
Tenn. Code Ann. § 65-9-106 — TN Code / Title 65 / Chapter 9 / Section 65-9-106
Rights and liabilities of consolidated corporation
Status: in_force

The corporation, formed by the consolidation of two (2) or more railroad corporations, shall have, possess, and exercise all the rights, powers, privileges, immunities, and franchises, and be subject to all the duties and obligations, not inconsistent with this chapter, conferred and imposed by the laws of this state upon such companies so consolidating, or either of them. Acts 1877, ch. 72, § 3; Shan., § 1527; Code 1932, § 2602; T.C.A. (orig. ed.), § 65-906.
The corporation, formed by the consolidation of two (2) or more railroad corporations, shall have, possess, and exercise all the rights, powers, privileges, immunities, and franchises, and be subject to all the duties and obligations, not inconsistent with this chapter, conferred and imposed by the laws of this state upon such companies so consolidating, or either of them.
Acts 1877, ch. 72, § 3; Shan., § 1527; Code 1932, § 2602; T.C.A. (orig. ed.), § 65-906.
Tenn. Code Ann. § 65-6-118 — TN Code / Title 65 / Chapter 6 / Section 65-6-118
Acquisition of real estate for relocation of lines
Status: in_force

For the purposes mentioned in § 65-6-117 , authority is granted to such railroad companies to acquire by purchase, and to hold such real estate as may be necessary. Acts 1907, ch. 464, § 2; Shan., § 1880a10; mod. Code 1932, § 3155; T.C.A. (orig. ed.), § 65-621.
For the purposes mentioned in § 65-6-117 , authority is granted to such railroad companies to acquire by purchase, and to hold such real estate as may be necessary.
Acts 1907, ch. 464, § 2; Shan., § 1880a10; mod. Code 1932, § 3155; T.C.A. (orig. ed.), § 65-621.
Tenn. Code Ann. § 65-3-204 — TN Code / Title 65 / Chapter 3 / Section 65-3-204
Lien for fees and penalties
Status: in_force

A lien is declared and shall exist upon all the property of each railroad in default for the payment of the fee prescribed, together with all penalties accruing hereunder, which liens shall be superior to all other liens, except those for federal, state, county and municipal taxes. Acts 1970, ch. 599, § 1(8); T.C.A., § 65-335; Acts 1995, ch. 305, § 10.
A lien is declared and shall exist upon all the property of each railroad in default for the payment of the fee prescribed, together with all penalties accruing hereunder, which liens shall be superior to all other liens, except those for federal, state, county and municipal taxes.
Acts 1970, ch. 599, § 1(8); T.C.A., § 65-335; Acts 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-19-205 — TN Code / Title 65 / Chapter 19 / Section 65-19-205
Local taxes and licenses
Status: in_force

No county, city, town, or other municipal corporation may impose a tax on or require a license for a motor vehicle used in a ridesharing arrangement other than that required for a private passenger automobile. Acts 1984, ch. 557, § 5.
No county, city, town, or other municipal corporation may impose a tax on or require a license for a motor vehicle used in a ridesharing arrangement other than that required for a private passenger automobile.
Acts 1984, ch. 557, § 5.
Tenn. Code Ann. § 65-25-126 — TN Code / Title 65 / Chapter 25 / Section 65-25-126
Construction of chapter
Status: in_force

This chapter shall be construed liberally. The enumeration of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manner, methods, or things. Notwithstanding the foregoing or any other provisions in this chapter to the contrary, this chapter shall not be construed to affect the powers conferred or the limitations imposed upon annexing municipalities and electric cooperatives in § 6-51-112 ; nor shall this chapter be construed to affect or restrict the services or activities provided or performed by a microwave system authorized and licensed by the federal communications commission on April 7, 1988. Acts 1988, ch. 689, § 2; T.C.A. § 65-25-226 .
This chapter shall be construed liberally. The enumeration of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manner, methods, or things. Notwithstanding the foregoing or any other provisions in this chapter to the contrary, this chapter shall not be construed to affect the powers conferred or the limitations imposed upon annexing municipalities and electric cooperatives in § 6-51-112 ; nor shall this chapter be construed to affect or restrict the services or activities provided or performed by a microwave system authorized and licensed by the federal communications commission on April 7, 1988.
Acts 1988, ch. 689, § 2; T.C.A. § 65-25-226 .
Tenn. Code Ann. § 65-12-104 — TN Code / Title 65 / Chapter 12 / Section 65-12-104
Full stop at crossings
Status: in_force

(a) Every engine or train shall be brought to a full stop before crossing a railroad which intersects at grade the road upon which it runs. (b) When the intersecting roads are under the management of the same company, this section shall not apply to engines and trains run upon the longer road. (c) A violation of this section is a Class C misdemeanor. (d) This section shall not apply where such other railroad is disconnected by interlocking switches placed on both roads, and at a safe distance from, and on each side of, the railroad crossing, such interlocking switches to be according to the present state of the art, and kept in good order and repair.
(a) Every engine or train shall be brought to a full stop before crossing a railroad which intersects at grade the road upon which it runs.
(b) When the intersecting roads are under the management of the same company, this section shall not apply to engines and trains run upon the longer road.
(c) A violation of this section is a Class C misdemeanor.
(d) This section shall not apply where such other railroad is disconnected by interlocking switches placed on both roads, and at a safe distance from, and on each side of, the railroad crossing, such interlocking switches to be according to the present state of the art, and kept in good order and repair.
Tenn. Code Ann. § 65-7-105 — TN Code / Title 65 / Chapter 7 / Section 65-7-105
County election on question - Order by legislative body
Status: in_force

Upon the presentation of the application, with the accompanying plan or map, as provided in § 65-7-103 , it is made the duty of the county mayor to give ten (10) days' notice to each and every member of the county legislative body of the county mayor's county to assemble at the courthouse of the county, in order to take action on such application. If at such special meeting of the county legislative body a majority of the members in commission shall be of the opinion that an election should be held in the county to determine whether or not the county should make the subscription applied for, the legislative body shall so order. Acts 1887, ch. 3, § 4; Shan., § 1561; Code 1932, §2615; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 65-705.
Upon the presentation of the application, with the accompanying plan or map, as provided in § 65-7-103 , it is made the duty of the county mayor to give ten (10) days' notice to each and every member of the county legislative body of the county mayor's county to assemble at the courthouse of the county, in order to take action on such application. If at such special meeting of the county legislative body a majority of the members in commission shall be of the opinion that an election should be held in the county to determine whether or not the county should make the subscription applied for, the legislative body shall so order.
Acts 1887, ch. 3, § 4; Shan., § 1561; Code 1932, §2615; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 65-705.
Tenn. Code Ann. § 65-15-107 — TN Code / Title 65 / Chapter 15 / Section 65-15-107
Interstate permits
Status: in_force

(a) It is unlawful for any motor carrier, contract hauler, or exempt for-hire motor carrier to use any of the public highways of this state for the transportation of persons or property, or both, in interstate or intrastate commerce, without first having received a permit from the department or from any state designated as the base jurisdiction state for that carrier pursuant to 49 U.S.C. § 11506 [omitted] as amended by § 4005 of the Intermodal Surface Transportation Efficiency Act of 1991. Violators are subject to penalty pursuant to § 65-15-113 . (b) Such interstate permits, when issued, shall be subject to such rules and regulations as the department may thereafter legally prescribe. Acts 1933, ch. 119, § 5; C. Supp. 1950, § 5501.5; impl. am. Acts 1955, ch. 69, § 1; Acts 1959, ch. 317, § 1; 1977, ch. 425, § 1; T.C.A. (orig. ed.), § 65-1507; Acts 1993, ch. 327, §§ 1, 2; 1995, ch. 305, §§ 30, 31; 1999, ch. 97, §§ 6 - 8.
(a) It is unlawful for any motor carrier, contract hauler, or exempt for-hire motor carrier to use any of the public highways of this state for the transportation of persons or property, or both, in interstate or intrastate commerce, without first having received a permit from the department or from any state designated as the base jurisdiction state for that carrier pursuant to 49 U.S.C. § 11506 [omitted] as amended by § 4005 of the Intermodal Surface Transportation Efficiency Act of 1991. Violators are subject to penalty pursuant to § 65-15-113 .
(b) Such interstate permits, when issued, shall be subject to such rules and regulations as the department may thereafter legally prescribe.
Acts 1933, ch. 119, § 5; C. Supp. 1950, § 5501.5; impl. am. Acts 1955, ch. 69, § 1; Acts 1959, ch. 317, § 1; 1977, ch. 425, § 1; T.C.A. (orig. ed.), § 65-1507; Acts 1993, ch. 327, §§ 1, 2; 1995, ch. 305, §§ 30, 31; 1999, ch. 97, §§ 6 - 8.
Tenn. Code Ann. § 65-14-101 — TN Code / Title 65 / Chapter 14 / Section 65-14-101
Special powers
Status: in_force

In addition to the general powers, railroad terminal corporations have the power to acquire, in this or any other state or states, and at such place or places as shall be found expedient, such real estate as may be necessary on which to construct, operate, and maintain passenger stations, comprising passenger depots, office buildings, sheds, and storage yards; and freight stations, comprising freight depots, warehouses, offices, and freight yards, roundhouses, and machine shops; also main and side tracks, switches, crossovers, turnouts, and other terminal railroad facilities, appurtenances, and accommodations suitable, in size, location, and manner of construction, to perform promptly and efficiently the work of receiving, delivering, and transferring all passengers and freight traffic of railroad companies with which it may enter into contracts for the use of its terminal facilities at such place or places. Such corporation has the power, by purchase, lease, or assignment of lease, to acquire and hold, and to lease to others, such real estate as may be necessary for the above mentioned purpose of its incorporation; and it may also acquire such real estate by condemnation, in pursuance of the general law authorizing the condemnation of private property for works of internal improvement. Acts 1893, ch. 11, § 3; Shan., § 2430; mod. Code 1932, § 4060; T.C.A. (orig. ed.), § 65-1401.
In addition to the general powers, railroad terminal corporations have the power to acquire, in this or any other state or states, and at such place or places as shall be found expedient, such real estate as may be necessary on which to construct, operate, and maintain passenger stations, comprising passenger depots, office buildings, sheds, and storage yards; and freight stations, comprising freight depots, warehouses, offices, and freight yards, roundhouses, and machine shops; also main and side tracks, switches, crossovers, turnouts, and other terminal railroad facilities, appurtenances, and accommodations suitable, in size, location, and manner of construction, to perform promptly and efficiently the work of receiving, delivering, and transferring all passengers and freight traffic of railroad companies with which it may enter into contracts for the use of its terminal facilities at such place or places. Such corporation has the power, by purchase, lease, or assignment of lease, to acquire and hold, and to lease to others, such real estate as may be necessary for the above mentioned purpose of its incorporation; and it may also acquire such real estate by condemnation, in pursuance of the general law authorizing the condemnation of private property for works of internal improvement.
Acts 1893, ch. 11, § 3; Shan., § 2430; mod. Code 1932, § 4060; T.C.A. (orig. ed.), § 65-1401.
Tenn. Code Ann. § 65-9-105 — TN Code / Title 65 / Chapter 9 / Section 65-9-105
Rights of creditors
Status: in_force

The rights of creditors of the consolidating companies shall not be affected or impaired by such consolidation. Acts 1871, ch. 69, § 1; 1877, ch. 12, § 4; 1877, ch. 72, § 2; Shan., § 1526; Code 1932, § 2601; T.C.A. (orig. ed.), § 65-905.
The rights of creditors of the consolidating companies shall not be affected or impaired by such consolidation.
Acts 1871, ch. 69, § 1; 1877, ch. 12, § 4; 1877, ch. 72, § 2; Shan., § 1526; Code 1932, § 2601; T.C.A. (orig. ed.), § 65-905.
Tenn. Code Ann. § 65-26-104 — TN Code / Title 65 / Chapter 26 / Section 65-26-104
Damage or tampering with company property
Status: in_force

If any person shall injure or destroy any portion of the gas fixtures, or other property belonging to the company, or shall willfully open a communication into the street or other gas pipes, or let on gas after it has been stopped by the company, such person shall be liable for all damages sustained by such proceeding, and also to a penalty not exceeding five hundred dollars ($500), upon conviction before any court having jurisdiction of the offense. Acts 1875, ch. 142, § 25; Shan., § 2211; Code 1932, § 3963; T.C.A. (orig. ed.), § 65-2604.
If any person shall injure or destroy any portion of the gas fixtures, or other property belonging to the company, or shall willfully open a communication into the street or other gas pipes, or let on gas after it has been stopped by the company, such person shall be liable for all damages sustained by such proceeding, and also to a penalty not exceeding five hundred dollars ($500), upon conviction before any court having jurisdiction of the offense.
Acts 1875, ch. 142, § 25; Shan., § 2211; Code 1932, § 3963; T.C.A. (orig. ed.), § 65-2604.
Tenn. Code Ann. § 65-29-128 — TN Code / Title 65 / Chapter 29 / Section 65-29-128
Foreign corporations
Status: in_force

Any corporation organized on a nonprofit or a cooperative basis for the purpose of supplying telephone service and owning or operating telephone service lines in a state adjacent to this state shall be permitted to construct or acquire extensions of such lines and to transact business in this state without complying with any statute of this state pertaining to the qualification of foreign corporations for the transaction of business in this state. Any such foreign corporation, as a prerequisite to the construction or operation of such extension of its lines into and the transaction of business in this state, shall, by an instrument executed and acknowledged in its behalf by its president or vice president under its corporate seal attested by its secretary, designate the secretary of state its agent to accept service of process in its behalf. In the event any process shall be served upon the secretary of state, the secretary of state shall forthwith forward the same by registered mail to such corporation at the address thereof specified in such instrument. After such designation, such corporation may sue and be sued in the courts of this state and shall have all the rights, powers, privileges and immunities of a cooperative. Acts 1961, ch. 330, § 27; T.C.A., § 65-2928.
Any corporation organized on a nonprofit or a cooperative basis for the purpose of supplying telephone service and owning or operating telephone service lines in a state adjacent to this state shall be permitted to construct or acquire extensions of such lines and to transact business in this state without complying with any statute of this state pertaining to the qualification of foreign corporations for the transaction of business in this state. Any such foreign corporation, as a prerequisite to the construction or operation of such extension of its lines into and the transaction of business in this state, shall, by an instrument executed and acknowledged in its behalf by its president or vice president under its corporate seal attested by its secretary, designate the secretary of state its agent to accept service of process in its behalf. In the event any process shall be served upon the secretary of state, the secretary of state shall forthwith forward the same by registered mail to such corporation at the address thereof specified in such instrument. After such designation, such corporation may sue and be sued in the courts of this state and shall have all the rights, powers, privileges and immunities of a cooperative.
Acts 1961, ch. 330, § 27; T.C.A., § 65-2928.
Tenn. Code Ann. § 65-17-113 — TN Code / Title 65 / Chapter 17 / Section 65-17-113
Federal preculsion
Status: in_force

In the event that the requirements of this chapter conflict with applicable federal law or regulations, the federal requirements shall take precedence over the conflicting requirements of this chapter. Acts 2018, ch. 825, § 13.
In the event that the requirements of this chapter conflict with applicable federal law or regulations, the federal requirements shall take precedence over the conflicting requirements of this chapter.
Acts 2018, ch. 825, § 13.
Tenn. Code Ann. § 65-6-101 — TN Code / Title 65 / Chapter 6 / Section 65-6-101
Acquisition or construction of railroads - Acquisition and disposition of stocks or bonds
Status: in_force

All railroad companies of this state, and any other state or states, are empowered to build, lease or let, acquire by purchase, lease, or otherwise, and operate, hold, or dispose of any railroad or railroads in any state or states, or any parts or portions of any such railroad or railroads, and the distribution thereof, as may be determined by their stockholders, and to acquire by purchase or otherwise, and hold or dispose of any bonds or shares of the capital stock of any railroad company or companies in any state or states, and to endorse and guarantee the bonds of any railroad company or companies in any state or states, whose original charter of incorporation was granted by the state; provided, that the same should be approved by a vote of the holders of a majority of all of the outstanding shares entitled to vote thereon or upon receiving two-thirds (2/3) of the votes which members present or represented at such meeting are entitled to cast, at a regular or called meeting of the stockholders of the company; and provided further, that ten (10) days' notice be given in a Memphis, Knoxville, Chattanooga and Nashville daily newspaper, of the time, place, and purpose of the meeting. Acts 1881, ch. 9, § 2; 1891, ch. 61, § 1; Shan., § 1540; Acts 1921, ch. 71, § 1; Code 1932, § 2610; T.C.A. (orig. ed.), § 65-601; Acts 1984, ch. 739, §§ 1, 2.
All railroad companies of this state, and any other state or states, are empowered to build, lease or let, acquire by purchase, lease, or otherwise, and operate, hold, or dispose of any railroad or railroads in any state or states, or any parts or portions of any such railroad or railroads, and the distribution thereof, as may be determined by their stockholders, and to acquire by purchase or otherwise, and hold or dispose of any bonds or shares of the capital stock of any railroad company or companies in any state or states, and to endorse and guarantee the bonds of any railroad company or companies in any state or states, whose original charter of incorporation was granted by the state; provided, that the same should be approved by a vote of the holders of a majority of all of the outstanding shares entitled to vote thereon or upon receiving two-thirds (2/3) of the votes which members present or represented at such meeting are entitled to cast, at a regular or called meeting of the stockholders of the company; and provided further, that ten (10) days' notice be given in a Memphis, Knoxville, Chattanooga and Nashville daily newspaper, of the time, place, and purpose of the meeting.
Acts 1881, ch. 9, § 2; 1891, ch. 61, § 1; Shan., § 1540; Acts 1921, ch. 71, § 1; Code 1932, § 2610; T.C.A. (orig. ed.), § 65-601; Acts 1984, ch. 739, §§ 1, 2.
Tenn. Code Ann. § 65-29-107 — TN Code / Title 65 / Chapter 29 / Section 65-29-107
Articles of incorporation
Status: in_force

(a) The articles of incorporation of a cooperative shall recite in the caption that they are executed pursuant to this chapter, shall be signed and acknowledged by each of the incorporators, and shall state: (1) The name of the cooperative; (2) The address of its principal office; (3) The names and addresses of the incorporators; (4) The names and addresses of the persons who shall constitute its first board of directors; and (5) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of its business and affairs. (b) Such articles of incorporation shall be submitted to the secretary of state for filing as provided in this chapter. (c) It shall not be necessary to set forth in the articles of incorporation of a cooperative the purpose for which it is organized or any of the corporate powers vested in a cooperative under this chapter. Acts 1961, ch. 330, § 7; T.C.A., § 65-2907.
(a) The articles of incorporation of a cooperative shall recite in the caption that they are executed pursuant to this chapter, shall be signed and acknowledged by each of the incorporators, and shall state: (1) The name of the cooperative; (2) The address of its principal office; (3) The names and addresses of the incorporators; (4) The names and addresses of the persons who shall constitute its first board of directors; and (5) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of its business and affairs.
(1) The name of the cooperative;
(2) The address of its principal office;
(3) The names and addresses of the incorporators;
(4) The names and addresses of the persons who shall constitute its first board of directors; and
(5) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of its business and affairs.
(b) Such articles of incorporation shall be submitted to the secretary of state for filing as provided in this chapter.
(c) It shall not be necessary to set forth in the articles of incorporation of a cooperative the purpose for which it is organized or any of the corporate powers vested in a cooperative under this chapter.
Acts 1961, ch. 330, § 7; T.C.A., § 65-2907.
Tenn. Code Ann. § 65-18-107 — TN Code / Title 65 / Chapter 18 / Section 65-18-107
Regulations for running trains - Freight and passengers
Status: in_force

The board of directors shall fix regulations for the running of trains, for the transportation of passengers and property, and shall furnish sufficient accommodation for their safe, comfortable, and convenient transportation, and shall take, transport, and discharge such passengers and property at, from, and to such places, on the due payment of freight tolls, and fare legally authorized to be charged therefor; and, in case of the refusal of the corporation, its officers or agents, to take and transport any passenger, if not by law excused, or property, or to deliver the same, or either of them, at the regular and appointed time, such corporation shall pay to the party aggrieved all damages thereby suffered, with cost of suit. If any passenger refuses to pay the required fare, the conductor may put such passenger off the cars at any station or convenient point where such passenger can step on land. The corporation shall make no contract giving any person a preference in the speedy shipment of freight. Acts 1887, ch. 16, § 2; Shan., § 2254; Code 1932, § 3972; T.C.A. (orig. ed.), § 65-1807.
The board of directors shall fix regulations for the running of trains, for the transportation of passengers and property, and shall furnish sufficient accommodation for their safe, comfortable, and convenient transportation, and shall take, transport, and discharge such passengers and property at, from, and to such places, on the due payment of freight tolls, and fare legally authorized to be charged therefor; and, in case of the refusal of the corporation, its officers or agents, to take and transport any passenger, if not by law excused, or property, or to deliver the same, or either of them, at the regular and appointed time, such corporation shall pay to the party aggrieved all damages thereby suffered, with cost of suit. If any passenger refuses to pay the required fare, the conductor may put such passenger off the cars at any station or convenient point where such passenger can step on land. The corporation shall make no contract giving any person a preference in the speedy shipment of freight.
Acts 1887, ch. 16, § 2; Shan., § 2254; Code 1932, § 3972; T.C.A. (orig. ed.), § 65-1807.
Tenn. Code Ann. § 65-7-106 — TN Code / Title 65 / Chapter 7 / Section 65-7-106
City or town election on question - Order by governing body
Status: in_force

In like manner, upon the presentation of the application to the mayor or other chief executive officer of any incorporated city or town, accompanied by a declaration on the part of the company that its line of railroad shall be located and constructed within one (1) mile of such city or town, as provided in §§ 65-7-101 - 65-7-105, then it is made the duty of such mayor or chief executive officer to convene the board of mayor and aldermen, or other governing or representative body of such city or town, and submit such application for its consideration. Should a majority of the board of mayor and aldermen, or other governing or representative body of such city or town, be of the opinion that an election should be held in the same to determine whether or not such city or town should make the subscription, it shall so order. Acts 1887, ch. 3, § 4; Shan., § 1562; Code 1932, § 2616; T.C.A. (orig. ed.), § 65-706.
In like manner, upon the presentation of the application to the mayor or other chief executive officer of any incorporated city or town, accompanied by a declaration on the part of the company that its line of railroad shall be located and constructed within one (1) mile of such city or town, as provided in §§ 65-7-101 - 65-7-105, then it is made the duty of such mayor or chief executive officer to convene the board of mayor and aldermen, or other governing or representative body of such city or town, and submit such application for its consideration. Should a majority of the board of mayor and aldermen, or other governing or representative body of such city or town, be of the opinion that an election should be held in the same to determine whether or not such city or town should make the subscription, it shall so order.
Acts 1887, ch. 3, § 4; Shan., § 1562; Code 1932, § 2616; T.C.A. (orig. ed.), § 65-706.
Tenn. Code Ann. § 65-29-131 — TN Code / Title 65 / Chapter 29 / Section 65-29-131
Securities act exemption
Status: in_force

Title 48, chapter 16 shall not apply to any note, bond, or other evidence of indebtedness issued by any cooperative or foreign corporation transacting business in this state pursuant to this chapter to the United States or any agency or instrumentality thereof, or to any mortgage or deed of trust executed to secure the same. Title 48, chapter 16, as amended, shall not apply to the issuance of membership certificates or equity certificates by any cooperative or any such foreign corporation. Acts 1961, ch. 330, § 31; T.C.A., § 65-2931.
Title 48, chapter 16 shall not apply to any note, bond, or other evidence of indebtedness issued by any cooperative or foreign corporation transacting business in this state pursuant to this chapter to the United States or any agency or instrumentality thereof, or to any mortgage or deed of trust executed to secure the same. Title 48, chapter 16, as amended, shall not apply to the issuance of membership certificates or equity certificates by any cooperative or any such foreign corporation.
Acts 1961, ch. 330, § 31; T.C.A., § 65-2931.
Tenn. Code Ann. § 65-19-204 — TN Code / Title 65 / Chapter 19 / Section 65-19-204
Employer liability for injuries
Status: in_force

(a) An employer shall not be liable for injuries to passengers and other persons resulting from the operation or use of a motor vehicle, not owned, leased, or contracted for by the employer, in a ridesharing arrangement unless the employee operating the motor vehicle is also on an errand or performing some task or function for the employer. (b) An employer shall not be liable for the injuries to passengers and other persons because it provides information, incentives or otherwise encourages its employees to participate in ridesharing arrangements. If the employer provides information, incentives, or otherwise encourages its employees to participate in ridesharing arrangements, the employer shall inform its employees that they will not be covered by the workers' compensation laws while participating in such arrangement unless while participating they perform some task or errand for the employer. Acts 1984, ch. 557, § 4.
(a) An employer shall not be liable for injuries to passengers and other persons resulting from the operation or use of a motor vehicle, not owned, leased, or contracted for by the employer, in a ridesharing arrangement unless the employee operating the motor vehicle is also on an errand or performing some task or function for the employer.
(b) An employer shall not be liable for the injuries to passengers and other persons because it provides information, incentives or otherwise encourages its employees to participate in ridesharing arrangements. If the employer provides information, incentives, or otherwise encourages its employees to participate in ridesharing arrangements, the employer shall inform its employees that they will not be covered by the workers' compensation laws while participating in such arrangement unless while participating they perform some task or errand for the employer.
Acts 1984, ch. 557, § 4.
Tenn. Code Ann. § 65-3-109 — TN Code / Title 65 / Chapter 3 / Section 65-3-109
Confidential information
Status: in_force

The department of transportation shall not give publicity to any contracts, leases, or engagements obtained by it in its official capacity, if the interests of any company would thereby be injuriously affected, unless, in the judgment of the department of transportation, the public interest requires it. Acts 1897, ch. 10, § 11; Shan., § 3059a36; Code 1932, § 5412; T.C.A. (orig. ed.), § 65-311; Acts 1995, ch. 305, § 10.
The department of transportation shall not give publicity to any contracts, leases, or engagements obtained by it in its official capacity, if the interests of any company would thereby be injuriously affected, unless, in the judgment of the department of transportation, the public interest requires it.
Acts 1897, ch. 10, § 11; Shan., § 3059a36; Code 1932, § 5412; T.C.A. (orig. ed.), § 65-311; Acts 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-4-306 — TN Code / Title 65 / Chapter 4 / Section 65-4-306
Time for payment of fees
Status: in_force

The inspection, control, and supervision fees provided for in this part shall become due and payable on April 1 of each year. Acts 1921, ch. 107, § 4; Shan. Supp., § 3059a104; Code 1932, § 5464; T.C.A. (orig. ed.), § 65-430.
The inspection, control, and supervision fees provided for in this part shall become due and payable on April 1 of each year.
Acts 1921, ch. 107, § 4; Shan. Supp., § 3059a104; Code 1932, § 5464; T.C.A. (orig. ed.), § 65-430.
Tenn. Code Ann. § 65-17-110 — TN Code / Title 65 / Chapter 17 / Section 65-17-110
Dissemination of model local legislation
Status: in_force

The municipal technical advisory service (MTAS) and the county technical assistance service (CTAS) shall disseminate model local legislation for use by local governments in establishing conditions and other regulations consistent with this chapter for the issuance of permits for wind energy facilities and wind energy facility expansions. Acts 2018, ch. 825, § 10.
The municipal technical advisory service (MTAS) and the county technical assistance service (CTAS) shall disseminate model local legislation for use by local governments in establishing conditions and other regulations consistent with this chapter for the issuance of permits for wind energy facilities and wind energy facility expansions.
Acts 2018, ch. 825, § 10.
Tenn. Code Ann. § 65-29-108 — TN Code / Title 65 / Chapter 29 / Section 65-29-108
Bylaws
Status: in_force

The board of directors shall adopt the first bylaws to be adopted following an incorporation, conversion, merger or consolidation. Thereafter, bylaws shall be adopted, amended, or repealed by its members, by the affirmative vote of a majority of those members voting thereon at a meeting of the members. The bylaws shall set forth the rights and duties of members and directors and may contain other provisions for the regulation and management of the affairs of the cooperative not inconsistent with this chapter or with its articles of incorporation. Acts 1961, ch. 330, § 8; T.C.A., § 65-2908.
The board of directors shall adopt the first bylaws to be adopted following an incorporation, conversion, merger or consolidation. Thereafter, bylaws shall be adopted, amended, or repealed by its members, by the affirmative vote of a majority of those members voting thereon at a meeting of the members. The bylaws shall set forth the rights and duties of members and directors and may contain other provisions for the regulation and management of the affairs of the cooperative not inconsistent with this chapter or with its articles of incorporation.
Acts 1961, ch. 330, § 8; T.C.A., § 65-2908.
Tenn. Code Ann. § 65-1-110 — TN Code / Title 65 / Chapter 1 / Section 65-1-110
Minutes and official documents
Status: in_force

The minutes shall be signed by each member of the Tennessee public utility commission or by those present when any business is transacted. The minutes and all official documents of every kind shall be kept on file in the office of the commission. Acts 1995, ch. 305, § 5; T.C.A. § 65-1-210.
The minutes shall be signed by each member of the Tennessee public utility commission or by those present when any business is transacted. The minutes and all official documents of every kind shall be kept on file in the office of the commission.
Acts 1995, ch. 305, § 5; T.C.A. § 65-1-210.
Tenn. Code Ann. § 65-4-120 — TN Code / Title 65 / Chapter 4 / Section 65-4-120
Penalty for noncompliance with commission
Status: in_force

Any public utility which violates or fails to comply with any lawful order, judgment, finding, rule, or requirement of the commission, shall in the discretion of the commission be subject to a penalty of fifty dollars ($50.00) for each day of any such violation or failure, which may be declared due and payable by the commission, upon complaint, and after hearing, and when paid, either voluntarily, or after suit, which may be brought by the commission, shall be placed to the credit of the public utility account. Acts 1921, ch. 107, § 10; Shan. Supp., § 3059a114; Code 1932, § 5470; T.C.A. (orig. ed.), § 65-436; Acts 1993, ch. 23, § 1; T.C.A., § 65-4-119 ; Acts 1995, ch. 305, § 20.
Any public utility which violates or fails to comply with any lawful order, judgment, finding, rule, or requirement of the commission, shall in the discretion of the commission be subject to a penalty of fifty dollars ($50.00) for each day of any such violation or failure, which may be declared due and payable by the commission, upon complaint, and after hearing, and when paid, either voluntarily, or after suit, which may be brought by the commission, shall be placed to the credit of the public utility account.
Acts 1921, ch. 107, § 10; Shan. Supp., § 3059a114; Code 1932, § 5470; T.C.A. (orig. ed.), § 65-436; Acts 1993, ch. 23, § 1; T.C.A., § 65-4-119 ; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-29-124 — TN Code / Title 65 / Chapter 29 / Section 65-29-124
Mortgages
Status: in_force

Any mortgage, deed of trust, or other instrument executed by a cooperative or foreign corporation transacting business in this state pursuant to this chapter, which, by its terms, creates a lien upon real and personal property then owned or after-acquired, and which is recorded as a mortgage of real property in any county in which such property is located or is to be located, shall have the same force and effect as if the mortgage, deed of trust, or other instrument were also recorded or filed in the proper office in such county as a mortgage of personal property. Recordation of any such mortgage, deed of trust, or other instrument shall cause the lien thereof to attach to all after-acquired property of the mortgagor of the nature therein described as being mortgaged or pledged thereby immediately upon the acquisition of such property by the mortgagor, and such lien shall be superior to all claims of creditors of the mortgagor and purchasers of such property and to all other liens, except liens of prior record and tax liens, affecting such property. Acts 1961, ch. 330, § 23; T.C.A., § 65-2924.
Any mortgage, deed of trust, or other instrument executed by a cooperative or foreign corporation transacting business in this state pursuant to this chapter, which, by its terms, creates a lien upon real and personal property then owned or after-acquired, and which is recorded as a mortgage of real property in any county in which such property is located or is to be located, shall have the same force and effect as if the mortgage, deed of trust, or other instrument were also recorded or filed in the proper office in such county as a mortgage of personal property. Recordation of any such mortgage, deed of trust, or other instrument shall cause the lien thereof to attach to all after-acquired property of the mortgagor of the nature therein described as being mortgaged or pledged thereby immediately upon the acquisition of such property by the mortgagor, and such lien shall be superior to all claims of creditors of the mortgagor and purchasers of such property and to all other liens, except liens of prior record and tax liens, affecting such property.
Acts 1961, ch. 330, § 23; T.C.A., § 65-2924.
Tenn. Code Ann. § 65-34-105 — TN Code / Title 65 / Chapter 34 / Section 65-34-105
Tennessee public utility commission - Jurisdiction - Powers
Status: in_force

The Tennessee public utility commission has jurisdiction to hear and resolve any disputes concerning the boundaries of the current geographic territories of nonconsumer owned electric systems. The commission may promulgate and enforce appropriate rules not inconsistent with this chapter. Amended by 2017 Tenn. Acts, ch. 94,Secs.s68, s81 eff. 4/4/2017. Acts 1989, ch. 230, § 5; 1995, ch. 305, § 41.
The Tennessee public utility commission has jurisdiction to hear and resolve any disputes concerning the boundaries of the current geographic territories of nonconsumer owned electric systems. The commission may promulgate and enforce appropriate rules not inconsistent with this chapter.
Amended by 2017 Tenn. Acts, ch. 94,Secs.s68, s81 eff. 4/4/2017.
Acts 1989, ch. 230, § 5; 1995, ch. 305, § 41.
Tenn. Code Ann. § 65-10-102 — TN Code / Title 65 / Chapter 10 / Section 65-10-102
Duration of contractors' lien
Status: in_force

The lien shall continue in force for six (6) months after the performance of the work or the delivery of the material, and until the termination of any suit commenced within the time for its enforcement. Acts 1883, ch. 220, § 1; Shan., § 3571; Code 1932, § 7993; T.C.A. (orig. ed.), § 65-1002.
The lien shall continue in force for six (6) months after the performance of the work or the delivery of the material, and until the termination of any suit commenced within the time for its enforcement.
Acts 1883, ch. 220, § 1; Shan., § 3571; Code 1932, § 7993; T.C.A. (orig. ed.), § 65-1002.
Tenn. Code Ann. § 65-10-202 — TN Code / Title 65 / Chapter 10 / Section 65-10-202
Notice to secure lien
Status: in_force

To secure this direct lien, such subcontractor, laborer, materialman, or other person rendering the labor or service, shall, within ninety (90) days after such work and labor is done or completed, or such materials are furnished, or such services are rendered, notify, in writing, any such railroad company, or the owners of such railroad, should it or they reside in the state, or its or their agents or attorneys, should it or they be beyond the limit of the state, that the lien is claimed, specifying in the face of the notice the character of the work and labor done or services rendered, or materials furnished, and the value of such labor, services or materials. Acts 1891, ch. 98, § 1; Shan., § 3581; mod. Code 1932, § 8003; T.C.A (orig. ed.), § 65-1012.
To secure this direct lien, such subcontractor, laborer, materialman, or other person rendering the labor or service, shall, within ninety (90) days after such work and labor is done or completed, or such materials are furnished, or such services are rendered, notify, in writing, any such railroad company, or the owners of such railroad, should it or they reside in the state, or its or their agents or attorneys, should it or they be beyond the limit of the state, that the lien is claimed, specifying in the face of the notice the character of the work and labor done or services rendered, or materials furnished, and the value of such labor, services or materials.
Acts 1891, ch. 98, § 1; Shan., § 3581; mod. Code 1932, § 8003; T.C.A (orig. ed.), § 65-1012.
Tenn. Code Ann. § 65-22-102 — TN Code / Title 65 / Chapter 22 / Section 65-22-102
Dams in navigable streams
Status: in_force

(a) There shall be placed and maintained, in connection with the corporation's dam or dams and other works in navigable rivers and streams of this state, within the limits of navigation in such streams and rivers, a sluiceway, lock, or other fixture sufficient and so arranged as to permit logs, timber, lumber, and boats to pass around, through, or over the dam or dams or other works without unreasonable delay or hindrance, and without toll or charges. (b) Before the work is commenced in such navigable rivers and streams within the limits of navigation in such rivers and streams, the plans and details thereof shall be submitted to the secretary of the army of the United States for the secretary's approval. The secretary may at any time require such changes and alterations to be made in such works, at the expense of the corporation, as are deemed advisable and necessary in the interest of navigation. (c) The work permitted in this section to be done in navigable waters shall be subject to the supervision and approval of the engineer officer of the United States army in charge of the locality. Acts 1895, ch. 208, §§ 1, 2; 1901, ch. 144, § 1; Shan., §2485; mod. Code 1932, §§ 3937-3939; modified; T.C.A. (orig. ed.), §§ 65-2202 -- 65-2204.
(a) There shall be placed and maintained, in connection with the corporation's dam or dams and other works in navigable rivers and streams of this state, within the limits of navigation in such streams and rivers, a sluiceway, lock, or other fixture sufficient and so arranged as to permit logs, timber, lumber, and boats to pass around, through, or over the dam or dams or other works without unreasonable delay or hindrance, and without toll or charges.
(b) Before the work is commenced in such navigable rivers and streams within the limits of navigation in such rivers and streams, the plans and details thereof shall be submitted to the secretary of the army of the United States for the secretary's approval. The secretary may at any time require such changes and alterations to be made in such works, at the expense of the corporation, as are deemed advisable and necessary in the interest of navigation.
(c) The work permitted in this section to be done in navigable waters shall be subject to the supervision and approval of the engineer officer of the United States army in charge of the locality.
Acts 1895, ch. 208, §§ 1, 2; 1901, ch. 144, § 1; Shan., §2485; mod. Code 1932, §§ 3937-3939; modified; T.C.A. (orig. ed.), §§ 65-2202 -- 65-2204.
Tenn. Code Ann. § 65-11-102 — TN Code / Title 65 / Chapter 11 / Section 65-11-102
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 713,s 1, eff. 4/11/2024. Acts 1889, ch. 119, § 2; Shan., § 1594; mod. Code 1932, § 2658; Acts 1975, ch. 103, § 1; T.C.A. (orig. ed.), § 65-1102.
Repealed by 2024 Tenn. Acts, ch. 713,s 1, eff. 4/11/2024.
Acts 1889, ch. 119, § 2; Shan., § 1594; mod. Code 1932, § 2658; Acts 1975, ch. 103, § 1; T.C.A. (orig. ed.), § 65-1102.
Tenn. Code Ann. § 65-6-109 — TN Code / Title 65 / Chapter 6 / Section 65-6-109
Right-of-way authorized
Status: in_force

The corporation shall have the right, in pursuance of the general law authorizing the condemnation of private property for works of internal improvement, to appropriate as an easement a right-of-way, not exceeding two hundred feet (200'), over the land of any person through which the line of the track may be located. Acts 1875, ch. 142, § 6; Shan., § 2413; Code 1932, § 4003; T.C.A. (orig. ed.), § 65-609.
The corporation shall have the right, in pursuance of the general law authorizing the condemnation of private property for works of internal improvement, to appropriate as an easement a right-of-way, not exceeding two hundred feet (200'), over the land of any person through which the line of the track may be located.
Acts 1875, ch. 142, § 6; Shan., § 2413; Code 1932, § 4003; T.C.A. (orig. ed.), § 65-609.
Tenn. Code Ann. § 65-6-104 — TN Code / Title 65 / Chapter 6 / Section 65-6-104
Limitation of time removed from original franchise
Status: in_force

Any railroad corporation or other body heretofore granted the right or power to build and maintain a railroad in this state, for a limited number of years, and which now owns a railroad in this state, built and maintained pursuant to such grant or power, has all the rights and privileges as are conferred by any general statutes of this state upon railroad corporations, and may exercise the same without regard to and despite any limitations of years contained in any such original franchise or grant. Acts 1929, ch. 52, § 1; mod. Code 1932, § 4013; T.C.A. (orig. ed.), § 65-604.
Any railroad corporation or other body heretofore granted the right or power to build and maintain a railroad in this state, for a limited number of years, and which now owns a railroad in this state, built and maintained pursuant to such grant or power, has all the rights and privileges as are conferred by any general statutes of this state upon railroad corporations, and may exercise the same without regard to and despite any limitations of years contained in any such original franchise or grant.
Acts 1929, ch. 52, § 1; mod. Code 1932, § 4013; T.C.A. (orig. ed.), § 65-604.
Tenn. Code Ann. § 65-3-113 — TN Code / Title 65 / Chapter 3 / Section 65-3-113
Compensation of witnesses
Status: in_force

Each witness who appears before the department of transportation, by order of the department of transportation, shall receive for attendance the compensation provided by law, which shall be paid by the state treasurer on warrant of the commissioner of finance and administration, upon the presentation of proper voucher sworn to by such witness, and approved by the commissioner of transportation; provided, that no witness shall be entitled to any witness fees or mileage who is directly or indirectly interested in any such company in this state or out of it, or who is in any way interested in any stock, bond, mortgage, security, or earnings of any such company, or who shall be the agent or employee of such company, or an officer thereof when summoned at the instance of such company. No witness furnished with free transportation shall receive compensation for the distance traveled on such free transportation. Acts 1897, ch. 10, § 10; Shan., § 3059a30; Code 1932, § 5406; impl. am. Acts 1937, ch. 33, §§ 24, 29; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 65-315; Acts 1995, ch. 305, § 10.
Each witness who appears before the department of transportation, by order of the department of transportation, shall receive for attendance the compensation provided by law, which shall be paid by the state treasurer on warrant of the commissioner of finance and administration, upon the presentation of proper voucher sworn to by such witness, and approved by the commissioner of transportation; provided, that no witness shall be entitled to any witness fees or mileage who is directly or indirectly interested in any such company in this state or out of it, or who is in any way interested in any stock, bond, mortgage, security, or earnings of any such company, or who shall be the agent or employee of such company, or an officer thereof when summoned at the instance of such company. No witness furnished with free transportation shall receive compensation for the distance traveled on such free transportation.
Acts 1897, ch. 10, § 10; Shan., § 3059a30; Code 1932, § 5406; impl. am. Acts 1937, ch. 33, §§ 24, 29; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 65-315; Acts 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-4-116 — TN Code / Title 65 / Chapter 4 / Section 65-4-116
Penalties
Status: in_force

(a) The penalties prescribed by chapter 3 of this title shall be and remain in full force and effect, and shall in every case apply to any public utility within this chapter in the same manner and to the same extent as they are made applicable to and imposed on railroad and transportation companies under chapter 3 of this title. (b) In determining the amount of the penalty, the appropriateness of the penalty to the size of the business of the person, firm or corporation charged, the gravity of the violation and the good faith of the person, firm or corporation charged in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of the penalty, when finally determined, may be deducted from any sums owing by the state to the person, firm or corporation charged or may be recovered in a civil action in the courts of this state. Acts 1919, ch. 49, § 9; Shan. Supp., § 3059a92; Code 1932, § 5455; Acts 1969, ch. 156, § 1; T.C.A. (orig. ed.), § 65-423; Acts 1991, ch. 439, §§ 3, 4; 1993, ch. 23, § 1; T.C.A., § 65-4-115 .
(a) The penalties prescribed by chapter 3 of this title shall be and remain in full force and effect, and shall in every case apply to any public utility within this chapter in the same manner and to the same extent as they are made applicable to and imposed on railroad and transportation companies under chapter 3 of this title.
(b) In determining the amount of the penalty, the appropriateness of the penalty to the size of the business of the person, firm or corporation charged, the gravity of the violation and the good faith of the person, firm or corporation charged in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of the penalty, when finally determined, may be deducted from any sums owing by the state to the person, firm or corporation charged or may be recovered in a civil action in the courts of this state.
Acts 1919, ch. 49, § 9; Shan. Supp., § 3059a92; Code 1932, § 5455; Acts 1969, ch. 156, § 1; T.C.A. (orig. ed.), § 65-423; Acts 1991, ch. 439, §§ 3, 4; 1993, ch. 23, § 1; T.C.A., § 65-4-115 .
Tenn. Code Ann. § 65-21-204 — TN Code / Title 65 / Chapter 21 / Section 65-21-204
Condemnation
Status: in_force

In the event such telegraph or telephone companies should fail, upon application to such individuals, railroads, companies, to secure such right-of-way, by consent, contract, or agreement, then such telegraph or telephone corporations shall have the right to proceed to procure the condemnation of such property, lands, rights, privileges, and easements, in the manner prescribed by law for taking private property for works of internal improvement. Acts 1885, ch. 66, § 2; Shan., § 1832; Code 1932, § 3096; T.C.A. (orig. ed.), § 65-2108.
In the event such telegraph or telephone companies should fail, upon application to such individuals, railroads, companies, to secure such right-of-way, by consent, contract, or agreement, then such telegraph or telephone corporations shall have the right to proceed to procure the condemnation of such property, lands, rights, privileges, and easements, in the manner prescribed by law for taking private property for works of internal improvement.
Acts 1885, ch. 66, § 2; Shan., § 1832; Code 1932, § 3096; T.C.A. (orig. ed.), § 65-2108.
Tenn. Code Ann. § 65-7-109 — TN Code / Title 65 / Chapter 7 / Section 65-7-109
Election - Style of ballot
Status: in_force

At the election thus held, those voters who are in favor of the subscription shall put upon their tickets the words, "For subscription," and those opposed, "No subscription"; provided, that in cities and towns where the Australian or Dortch ballot law applies, the ticket or ballot used in such election shall conform as near as may be to the style of the ballot prescribed by law. Such ballot shall be deemed legally sufficient if it has plainly printed thereon substantially the following: "Shall (name of county, city, or town) subscribe $ ____________________ to the capital stock of the (name of railroad company) in accordance with the terms and conditions of the application of (name of railroad company) submitted to the (name of county, city, or town), on ____________________ day of ____________________ 20____________________," followed by the words "Yes" and "No" so that voters can intelligently vote their choices by making a cross mark (X) after the word "Yes" or "No." Acts 1887, ch. 3, § 8; Shan., § 1566; Acts 1917, ch. 11, § 1; 1917, ch. 105, § 1; mod. Code 1932, § 2620; T.C.A. (orig. ed.), § 65-709.
At the election thus held, those voters who are in favor of the subscription shall put upon their tickets the words, "For subscription," and those opposed, "No subscription"; provided, that in cities and towns where the Australian or Dortch ballot law applies, the ticket or ballot used in such election shall conform as near as may be to the style of the ballot prescribed by law. Such ballot shall be deemed legally sufficient if it has plainly printed thereon substantially the following: "Shall (name of county, city, or town) subscribe $ ____________________ to the capital stock of the (name of railroad company) in accordance with the terms and conditions of the application of (name of railroad company) submitted to the (name of county, city, or town), on ____________________ day of ____________________ 20____________________," followed by the words "Yes" and "No" so that voters can intelligently vote their choices by making a cross mark (X) after the word "Yes" or "No."
Acts 1887, ch. 3, § 8; Shan., § 1566; Acts 1917, ch. 11, § 1; 1917, ch. 105, § 1; mod. Code 1932, § 2620; T.C.A. (orig. ed.), § 65-709.
Tenn. Code Ann. § 65-11-110 — TN Code / Title 65 / Chapter 11 / Section 65-11-110
Apportionment of work in constructing underpass or overpass
Status: in_force

The commissioner of transportation or the commissioner's designee may, by agreement or contract with any railroad company, apportion the work to be done in the construction of any such underpass or overpass between the railroad company and contractors acting under the control and supervision of the commissioner or the commissioner's designee, and contracts for the construction of the portion of such underpass or overpass assumed under such contract or agreement by the commissioner or the commissioner's designee shall be made in the manner and under the same conditions as contracts are made by the commissioner or the commissioner's designee for the construction of other portions of the state highway system as provided by law; provided, that when the commissioner or any of the department of transportation's employees or contractors, or any person acting under the orders of the commissioner or the commissioner's contractors, shall go or be upon the right-of-way of any railroad company, they shall be subject to any reasonable rules and regulations of such railroad company made for the protection of its traffic employees and passengers. Acts 1921, ch. 132, § 3; Shan. Supp., § 1582a5; mod. Code 1932, § 2641; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 65-1110.
The commissioner of transportation or the commissioner's designee may, by agreement or contract with any railroad company, apportion the work to be done in the construction of any such underpass or overpass between the railroad company and contractors acting under the control and supervision of the commissioner or the commissioner's designee, and contracts for the construction of the portion of such underpass or overpass assumed under such contract or agreement by the commissioner or the commissioner's designee shall be made in the manner and under the same conditions as contracts are made by the commissioner or the commissioner's designee for the construction of other portions of the state highway system as provided by law; provided, that when the commissioner or any of the department of transportation's employees or contractors, or any person acting under the orders of the commissioner or the commissioner's contractors, shall go or be upon the right-of-way of any railroad company, they shall be subject to any reasonable rules and regulations of such railroad company made for the protection of its traffic employees and passengers.
Acts 1921, ch. 132, § 3; Shan. Supp., § 1582a5; mod. Code 1932, § 2641; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 65-1110.
Tenn. Code Ann. § 65-25-116 — TN Code / Title 65 / Chapter 25 / Section 65-25-116
Recordation of mortgages - Priority
Status: in_force

(a) Any mortgage, deed of trust, or other instrument executed by a cooperative which, by its terms, creates a lien upon real and personal property, then owned or after-acquired, and which is recorded as a mortgage of real property in any county in which such property is located or is to be located, shall have the same force and effect as if the mortgage, deed of trust, or other instrument were also recorded or filed in the proper office in such county as a mortgage of personal property. (b) Recordation of any such mortgage, deed of trust, or other instrument shall cause the lien thereof to attach to all after-acquired property of the mortgagor of the nature therein described as being mortgaged or pledged thereby immediately upon the acquisition of such property by the mortgagor, and such lien shall be superior to all claims of creditors of the mortgagor and purchasers of such property and to all other liens, except liens of prior record and tax liens, affecting such property. Acts 1988, ch. 689, § 2; T.C.A. § 65-25-216 .
(a) Any mortgage, deed of trust, or other instrument executed by a cooperative which, by its terms, creates a lien upon real and personal property, then owned or after-acquired, and which is recorded as a mortgage of real property in any county in which such property is located or is to be located, shall have the same force and effect as if the mortgage, deed of trust, or other instrument were also recorded or filed in the proper office in such county as a mortgage of personal property.
(b) Recordation of any such mortgage, deed of trust, or other instrument shall cause the lien thereof to attach to all after-acquired property of the mortgagor of the nature therein described as being mortgaged or pledged thereby immediately upon the acquisition of such property by the mortgagor, and such lien shall be superior to all claims of creditors of the mortgagor and purchasers of such property and to all other liens, except liens of prior record and tax liens, affecting such property.
Acts 1988, ch. 689, § 2; T.C.A. § 65-25-216 .
Tenn. Code Ann. § 65-3-115 — TN Code / Title 65 / Chapter 3 / Section 65-3-115
Witness failing to attend or answer questions
Status: in_force

If a witness, after being duly summoned, fails or refuses to attend, or to answer any question propounded to such witness, which such witness would be required to answer if in court, the department of transportation shall have power to fine and imprison such witness for contempt in the same manner that the judge of any court of competent jurisdiction might do under similar circumstances. Acts 1897, ch. 10, § 10; Shan., § 3059a32; Code 1932, § 5408; T.C.A. (orig. ed.), § 65-317; Acts 1995, ch. 305, § 10.
If a witness, after being duly summoned, fails or refuses to attend, or to answer any question propounded to such witness, which such witness would be required to answer if in court, the department of transportation shall have power to fine and imprison such witness for contempt in the same manner that the judge of any court of competent jurisdiction might do under similar circumstances.
Acts 1897, ch. 10, § 10; Shan., § 3059a32; Code 1932, § 5408; T.C.A. (orig. ed.), § 65-317; Acts 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-6-111 — TN Code / Title 65 / Chapter 6 / Section 65-6-111
Joint right-of-way or joint use of track
Status: in_force

(a) In case any railroad company has acquired or owns a right-of-way over which its road is not already built, through or along any narrow pass, cliff, or gorge, where it may be unreasonably expensive or impracticable to put down more than one (1) track or line of railroad, any other railroad company, in good faith, desiring to build its line of road through or along the same narrow pass, cliff, or gorge, shall have the right to condemn a joint use of the right-of-way through or along the same, and, if after any railroad to be constructed through or along the same shall already have been constructed, any other railroad so desiring to build through or along such narrow pass, gorge, or cliff shall have the right to condemn a joint use of so much of the track as may be necessary, in like manner as railroads have the right to cross each other. (b) Reasonable compensation shall be paid to the railroad company owning such right-of-way, or to the one whose right-of-way, or right-of-way and track, may be so condemned for such joint use with the other road, for its property and improvements and injury to its business, if any, which compensation, together with such reasonable restrictions as the jury of inquiry may prescribe at the expense of the second road for safely using such joint track, shall be fixed by the jury as in other cases of assessment of damages in the condemnation of private property. Acts 1899, ch. 399, § 2; Shan., §§ 1880a4, 1880a5; Code 1932, §§ 3149, 3150; T.C.A. (orig. ed.), §§ 65-611, 65-612.
(a) In case any railroad company has acquired or owns a right-of-way over which its road is not already built, through or along any narrow pass, cliff, or gorge, where it may be unreasonably expensive or impracticable to put down more than one (1) track or line of railroad, any other railroad company, in good faith, desiring to build its line of road through or along the same narrow pass, cliff, or gorge, shall have the right to condemn a joint use of the right-of-way through or along the same, and, if after any railroad to be constructed through or along the same shall already have been constructed, any other railroad so desiring to build through or along such narrow pass, gorge, or cliff shall have the right to condemn a joint use of so much of the track as may be necessary, in like manner as railroads have the right to cross each other.
(b) Reasonable compensation shall be paid to the railroad company owning such right-of-way, or to the one whose right-of-way, or right-of-way and track, may be so condemned for such joint use with the other road, for its property and improvements and injury to its business, if any, which compensation, together with such reasonable restrictions as the jury of inquiry may prescribe at the expense of the second road for safely using such joint track, shall be fixed by the jury as in other cases of assessment of damages in the condemnation of private property.
Acts 1899, ch. 399, § 2; Shan., §§ 1880a4, 1880a5; Code 1932, §§ 3149, 3150; T.C.A. (orig. ed.), §§ 65-611, 65-612.
Tenn. Code Ann. § 65-11-116 — TN Code / Title 65 / Chapter 11 / Section 65-11-116
Competitive bidding - Negotiating labor costs
Status: in_force

(a) Notwithstanding any law to the contrary, all contracts to perform maintenance or improvements on railroads which are funded, in whole or in part, with funds administered by the Tennessee department of transportation shall be awarded pursuant to competitive bidding requirements as approved by the department of transportation. This section shall not apply to rail crossings to be signalized following a fatality pursuant to § 65-11-113 . (b) In the alternative to subsection (a), all contracts to perform maintenance or improvements on railroads with collective bargaining labor agreements shall allow negotiated labor costs for the labor portion of the contracts. It is the intent of the general assembly that only labor and associated costs shall be reimbursable pursuant to this provision. All other costs associated with the contract, including, but not limited to, materials and equipment, shall be subject to competitive bidding requirements as approved by the department of transportation. All costs associated with such contracts shall be subject to audit by the comptroller of the treasury to ensure that the contracts are performed on a break-even basis and that the state does not reimburse profits to the railroad company involved. Acts 1999, ch. 450, § 2.
(a) Notwithstanding any law to the contrary, all contracts to perform maintenance or improvements on railroads which are funded, in whole or in part, with funds administered by the Tennessee department of transportation shall be awarded pursuant to competitive bidding requirements as approved by the department of transportation. This section shall not apply to rail crossings to be signalized following a fatality pursuant to § 65-11-113 .
(b) In the alternative to subsection (a), all contracts to perform maintenance or improvements on railroads with collective bargaining labor agreements shall allow negotiated labor costs for the labor portion of the contracts. It is the intent of the general assembly that only labor and associated costs shall be reimbursable pursuant to this provision. All other costs associated with the contract, including, but not limited to, materials and equipment, shall be subject to competitive bidding requirements as approved by the department of transportation. All costs associated with such contracts shall be subject to audit by the comptroller of the treasury to ensure that the contracts are performed on a break-even basis and that the state does not reimburse profits to the railroad company involved.
Acts 1999, ch. 450, § 2.
Tenn. Code Ann. § 65-21-109 — TN Code / Title 65 / Chapter 21 / Section 65-21-109
Discrimination in messages prohibited
Status: in_force

(a) Every telegraph or telephone company doing business in this state must, under a penalty of five hundred dollars ($500) for each and every refusal so to do, transmit over its wires to localities on its lines, for any individual or corporation or other telegraph or telephone company, such messages, dispatches, or correspondence, as may be tendered to it by, or to be transmitted to, any individual or corporation, or other telegraph or telephone companies, at the price customarily asked and obtained for the transmission of similar messages, dispatches, or correspondence, without discrimination as to charges or promptness. (b) The penalty herein prescribed shall be recoverable in any court through proper form of law, one-half (½) of which shall go to the prosecutor and one-half (½) to the state. Acts 1885, ch. 66, § 10; Shan., § 1841; Code 1932, § 3106; T.C.A. (orig. ed.), § 65-2116.
(a) Every telegraph or telephone company doing business in this state must, under a penalty of five hundred dollars ($500) for each and every refusal so to do, transmit over its wires to localities on its lines, for any individual or corporation or other telegraph or telephone company, such messages, dispatches, or correspondence, as may be tendered to it by, or to be transmitted to, any individual or corporation, or other telegraph or telephone companies, at the price customarily asked and obtained for the transmission of similar messages, dispatches, or correspondence, without discrimination as to charges or promptness.
(b) The penalty herein prescribed shall be recoverable in any court through proper form of law, one-half (½) of which shall go to the prosecutor and one-half (½) to the state.
Acts 1885, ch. 66, § 10; Shan., § 1841; Code 1932, § 3106; T.C.A. (orig. ed.), § 65-2116.
Tenn. Code Ann. § 65-27-106 — TN Code / Title 65 / Chapter 27 / Section 65-27-106
Extension and placement of conductors, pipelines, hydrants and fire plugs
Status: in_force

Such corporation, after having first obtained permission from the governing authorities thereof, is invested with the privilege of extending and placing its conductors, pipes, and pipelines along, through, or upon all or any of the streets, lanes, and alleys of the cities, towns, and villages in which it may operate, and in, through, and along any and all of the roads, and public highways of the counties, and of erecting hydrants and fire plugs at suitable places along the streets, lanes, alleys, roads, and public highways for the purpose of supplying water to the inhabitants thereof for manufacturing, domestic, or sanitary or other purposes, and for such purposes it may make any and all necessary excavations in and along the same after first obtaining permission from the governing authorities of the incorporated cities, towns, and villages, and when outside of any incorporated towns, of the governing authority of the county in which same is located; but all excavations shall be made in such manner as to give the least inconvenience to the public, and shall be replaced with all possible speed by and at the expense of the corporation in as substantial manner as found before being excavated. Acts 1909, ch. 127, § 3; Shan., § 2489a3; mod. Code 1932, §4068; T.C.A. (orig. ed.), § 65-2706.
Such corporation, after having first obtained permission from the governing authorities thereof, is invested with the privilege of extending and placing its conductors, pipes, and pipelines along, through, or upon all or any of the streets, lanes, and alleys of the cities, towns, and villages in which it may operate, and in, through, and along any and all of the roads, and public highways of the counties, and of erecting hydrants and fire plugs at suitable places along the streets, lanes, alleys, roads, and public highways for the purpose of supplying water to the inhabitants thereof for manufacturing, domestic, or sanitary or other purposes, and for such purposes it may make any and all necessary excavations in and along the same after first obtaining permission from the governing authorities of the incorporated cities, towns, and villages, and when outside of any incorporated towns, of the governing authority of the county in which same is located; but all excavations shall be made in such manner as to give the least inconvenience to the public, and shall be replaced with all possible speed by and at the expense of the corporation in as substantial manner as found before being excavated.
Acts 1909, ch. 127, § 3; Shan., § 2489a3; mod. Code 1932, §4068; T.C.A. (orig. ed.), § 65-2706.
Tenn. Code Ann. § 65-3-102 — TN Code / Title 65 / Chapter 3 / Section 65-3-102
Interstate commerce excepted
Status: in_force

This chapter and chapter 5 of this title shall be construed to apply to and affect only the transportation of passengers, freight cars and services to persons or between points within this state. Acts 1897, ch. 10, § 30; Shan., § 3059a 67; mod. Code 1932, § 5443; T.C.A. (orig. ed.), § 65-302.
This chapter and chapter 5 of this title shall be construed to apply to and affect only the transportation of passengers, freight cars and services to persons or between points within this state.
Acts 1897, ch. 10, § 30; Shan., § 3059a 67; mod. Code 1932, § 5443; T.C.A. (orig. ed.), § 65-302.
Tenn. Code Ann. § 65-2-120 — TN Code / Title 65 / Chapter 2 / Section 65-2-120
Conflict of laws
Status: in_force

If, in any case to which this chapter applies, this chapter conflicts with any other law in this state, this chapter shall control. Acts 1953, ch. 162, § 31 (Williams, § 5501.54); T.C.A. (orig. ed.), § 65-231.
If, in any case to which this chapter applies, this chapter conflicts with any other law in this state, this chapter shall control.
Acts 1953, ch. 162, § 31 (Williams, § 5501.54); T.C.A. (orig. ed.), § 65-231.
Tenn. Code Ann. § 65-28-108 — TN Code / Title 65 / Chapter 28 / Section 65-28-108
Penalty provisions
Status: in_force

(a) Any person who violates §§ 65-28-104 - 65-28-111, or of any regulation issued under such sections, is subject to a civil penalty not to exceed one hundred thousand dollars ($100,000) for each such violation for each day that such violation persists, except that the maximum civil penalty shall not exceed one million dollars ($1,000,000) for any continuing series of violations. (b) Any civil penalty may be compromised by the commission. In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, shall be paid within thirty (30) days after the determination to the commission, to be used for the purposes of §§ 65-28-104 - 65-28-111; and, if not paid within such time, may be recovered in a civil action brought by the commission in the chancery court of any county in which a violation exists. Amended by 2021 Tenn. Acts, ch. 307, s 11, eff. 7/1/2021. Acts 1970, ch. 558, § 6; T.C.A., § 65-2809; Acts 1991, ch. 439, § 2; 1995, ch. 305, § 36.
(a) Any person who violates §§ 65-28-104 - 65-28-111, or of any regulation issued under such sections, is subject to a civil penalty not to exceed one hundred thousand dollars ($100,000) for each such violation for each day that such violation persists, except that the maximum civil penalty shall not exceed one million dollars ($1,000,000) for any continuing series of violations.
(b) Any civil penalty may be compromised by the commission. In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, shall be paid within thirty (30) days after the determination to the commission, to be used for the purposes of §§ 65-28-104 - 65-28-111; and, if not paid within such time, may be recovered in a civil action brought by the commission in the chancery court of any county in which a violation exists.
Amended by 2021 Tenn. Acts, ch. 307, s 11, eff. 7/1/2021.
Acts 1970, ch. 558, § 6; T.C.A., § 65-2809; Acts 1991, ch. 439, § 2; 1995, ch. 305, § 36.
Tenn. Code Ann. § 65-27-104 — TN Code / Title 65 / Chapter 27 / Section 65-27-104
Bond by water company pending assessment of damages
Status: in_force

Pending the assessment of damages and any litigation in regard thereto, the water company may give bond with good and solvent securities, payable to the owner or owners of the water or rights, to promptly pay to the owner any amount of damages which may be assessed by the jury as provided for in § 65-27-101 , and upon executing and filing such bond may thereupon take the water or waters. Acts 1903, ch. 134, § 4; Shan., § 2506a4; Code 1932, § 4074; T.C.A. (orig. ed.), § 65-2704.
Pending the assessment of damages and any litigation in regard thereto, the water company may give bond with good and solvent securities, payable to the owner or owners of the water or rights, to promptly pay to the owner any amount of damages which may be assessed by the jury as provided for in § 65-27-101 , and upon executing and filing such bond may thereupon take the water or waters.
Acts 1903, ch. 134, § 4; Shan., § 2506a4; Code 1932, § 4074; T.C.A. (orig. ed.), § 65-2704.
Tenn. Code Ann. § 65-7-112 — TN Code / Title 65 / Chapter 7 / Section 65-7-112
Subscriptions - Time of payment
Status: in_force

Such subscription of any county or incorporated city or town shall not become due and payable unless the railroad company shall have constructed and put in operation within the time fixed in the application, and substantially in the direction and on the line as shown in the plan or map, that portion of its railroad located within the county making the subscription, or that portion of its railroad located within the county in which is situated the incorporated city or town making the subscription, as the case may be; provided, that any county, incorporated city, or town making a subscription under these provisions, may, in addition to the restrictions imposed by this section, stipulate with the railroad company that its subscription shall not become due and payable until the company shall construct its road to such points, or for such distances, as may be agreed upon. Acts 1887, ch. 3, § 11; Shan., § 1569; Code 1932, § 2623; T.C.A. (orig. ed.), § 65-712.
Such subscription of any county or incorporated city or town shall not become due and payable unless the railroad company shall have constructed and put in operation within the time fixed in the application, and substantially in the direction and on the line as shown in the plan or map, that portion of its railroad located within the county making the subscription, or that portion of its railroad located within the county in which is situated the incorporated city or town making the subscription, as the case may be; provided, that any county, incorporated city, or town making a subscription under these provisions, may, in addition to the restrictions imposed by this section, stipulate with the railroad company that its subscription shall not become due and payable until the company shall construct its road to such points, or for such distances, as may be agreed upon.
Acts 1887, ch. 3, § 11; Shan., § 1569; Code 1932, § 2623; T.C.A. (orig. ed.), § 65-712.
Tenn. Code Ann. § 65-6-117 — TN Code / Title 65 / Chapter 6 / Section 65-6-117
Power to relocate lines
Status: in_force

Any railroad company owning or operating a railroad or any part thereof in this state, whether chartered under the laws of this state or under the laws of any other state or states, is empowered to relocate or change its lines or tracks, to build second main or double tracks, relocate any part or parts of its lines for the purpose of reducing or taking out curves or reducing grades, and to build embankments for the purpose of avoiding trestles upon which the railroad may be constructed, or to widen cuts when necessary for proper construction; provided, that where there is a relocation of any part of a road and any industry located upon the original road, the railroad shall keep and maintain a spur or sidetrack to such industry; and where any landowner or the heir or devisee or successor in title by conveyance or otherwise of any landowner who donated the original right of way, or who parted with the easement upon or title to the same in any other manner than by voluntary sale for a full cash consideration, shall be injured by such relocation, the railroad company shall be liable therefor; provided, that under this section and §§ 65-6-118 , 65-6-123 , 65-6-129 and 65-6-131 , no railroad shall be authorized to change the location of its line or lines within any incorporated towns, or cities, except by consent of the governing authorities of such incorporated towns or cities. Acts 1907, ch. 464, § 1; Shan., § 1880a9; mod. Code 1932, § 3154; T.C.A. (orig. ed.), § 65-620.
Any railroad company owning or operating a railroad or any part thereof in this state, whether chartered under the laws of this state or under the laws of any other state or states, is empowered to relocate or change its lines or tracks, to build second main or double tracks, relocate any part or parts of its lines for the purpose of reducing or taking out curves or reducing grades, and to build embankments for the purpose of avoiding trestles upon which the railroad may be constructed, or to widen cuts when necessary for proper construction; provided, that where there is a relocation of any part of a road and any industry located upon the original road, the railroad shall keep and maintain a spur or sidetrack to such industry; and where any landowner or the heir or devisee or successor in title by conveyance or otherwise of any landowner who donated the original right of way, or who parted with the easement upon or title to the same in any other manner than by voluntary sale for a full cash consideration, shall be injured by such relocation, the railroad company shall be liable therefor; provided, that under this section and §§ 65-6-118 , 65-6-123 , 65-6-129 and 65-6-131 , no railroad shall be authorized to change the location of its line or lines within any incorporated towns, or cities, except by consent of the governing authorities of such incorporated towns or cities.
Acts 1907, ch. 464, § 1; Shan., § 1880a9; mod. Code 1932, § 3154; T.C.A. (orig. ed.), § 65-620.
Tenn. Code Ann. § 65-6-122 — TN Code / Title 65 / Chapter 6 / Section 65-6-122
Tracks not to obstruct travel on highways, streets, and alleys
Status: in_force

The line or track of the road shall be so constructed as not to interfere with the convenient travel of the public along the highways, county roads, streets, and alleys of cities, towns, and villages, and so as to allow vehicles conveniently and safely to pass over or under the line or track, and so as not to interrupt travel on foot or horseback, or in vehicles of any kind, in the proper use of the public road, street, or alley in the usual and proper mode for their convenience. Acts 1875, ch. 142, § 6; Shan., § 2417; mod. Code 1932, § 4006; T.C.A. (orig. ed.), § 65-633.
The line or track of the road shall be so constructed as not to interfere with the convenient travel of the public along the highways, county roads, streets, and alleys of cities, towns, and villages, and so as to allow vehicles conveniently and safely to pass over or under the line or track, and so as not to interrupt travel on foot or horseback, or in vehicles of any kind, in the proper use of the public road, street, or alley in the usual and proper mode for their convenience.
Acts 1875, ch. 142, § 6; Shan., § 2417; mod. Code 1932, § 4006; T.C.A. (orig. ed.), § 65-633.
Tenn. Code Ann. § 65-4-502 — TN Code / Title 65 / Chapter 4 / Section 65-4-502
Unsolicited facsimile advertisements prohibited - Information required on transmissions
Status: in_force

(a) No person shall transmit or cause another person to transmit an unsolicited facsimile advertisement; provided, that a not-for-profit membership organization exempt from paying taxes under § 501(c) of the Internal Revenue Code ( 26 U.S.C. § 501(c) ) is exempt from this subsection (a), if the facsimile is made by a bona fide member, volunteer, or direct employee of the organization to its current membership. (b) Any transmission by facsimile machine shall include in a margin at the top or bottom of each transmitted page or on the first page of the transmission the date and time of the transmission; an identification of the business, other entity, or individual sending the message; and the telephone number of the sending machine or of such business, other entity or individual. Acts 2003 , ch. 15, § 1; 2004, ch. 502, § 1; 2006, ch. 510, § 1.
(a) No person shall transmit or cause another person to transmit an unsolicited facsimile advertisement; provided, that a not-for-profit membership organization exempt from paying taxes under § 501(c) of the Internal Revenue Code ( 26 U.S.C. § 501(c) ) is exempt from this subsection (a), if the facsimile is made by a bona fide member, volunteer, or direct employee of the organization to its current membership.
(b) Any transmission by facsimile machine shall include in a margin at the top or bottom of each transmitted page or on the first page of the transmission the date and time of the transmission; an identification of the business, other entity, or individual sending the message; and the telephone number of the sending machine or of such business, other entity or individual.
Acts 2003 , ch. 15, § 1; 2004, ch. 502, § 1; 2006, ch. 510, § 1.
Tenn. Code Ann. § 65-2-107 — TN Code / Title 65 / Chapter 2 / Section 65-2-107
Parties to contested cases
Status: in_force

All persons having a right under the provisions of the laws applicable to the commission to appear and be heard in contested cases as defined in this chapter shall be deemed parties to such proceedings for the purposes of this chapter. In addition, the commission may upon motion allow any interested person to intervene and become a party to any contested case. Acts 1953, ch. 162, § 6 (Williams, § 5501.29); T.C.A. (orig. ed.), § 65-207; Acts 1995, ch. 305, § 9.
All persons having a right under the provisions of the laws applicable to the commission to appear and be heard in contested cases as defined in this chapter shall be deemed parties to such proceedings for the purposes of this chapter. In addition, the commission may upon motion allow any interested person to intervene and become a party to any contested case.
Acts 1953, ch. 162, § 6 (Williams, § 5501.29); T.C.A. (orig. ed.), § 65-207; Acts 1995, ch. 305, § 9.
Tenn. Code Ann. § 65-7-104 — TN Code / Title 65 / Chapter 7 / Section 65-7-104
Record of application, plan, and amount - Ordering of election
Status: in_force

The county legislative body, or board of mayor and aldermen, or other governing body, as the case may be, shall spread upon its records the application and accompanying plan or map or declaration, and the amount to be voted upon by the people, and shall have full power to order such elections according to the laws regulating elections in this state. Acts 1887, ch. 3, § 5; Shan., § 1563; Code 1932, §2617; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-704.
The county legislative body, or board of mayor and aldermen, or other governing body, as the case may be, shall spread upon its records the application and accompanying plan or map or declaration, and the amount to be voted upon by the people, and shall have full power to order such elections according to the laws regulating elections in this state.
Acts 1887, ch. 3, § 5; Shan., § 1563; Code 1932, §2617; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-704.
Tenn. Code Ann. § 65-18-102 — TN Code / Title 65 / Chapter 18 / Section 65-18-102
Gauge
Status: in_force

Incline railroad corporations are authorized to adopt such gauge as they may prefer. Acts 1887, ch. 16, § 2; Shan., § 2248; Code 1932, § 3966; T.C.A. (orig. ed.), § 65-1802; Acts 2006, ch. 863, § 13.
Incline railroad corporations are authorized to adopt such gauge as they may prefer.
Acts 1887, ch. 16, § 2; Shan., § 2248; Code 1932, § 3966; T.C.A. (orig. ed.), § 65-1802; Acts 2006, ch. 863, § 13.
Tenn. Code Ann. § 65-6-202 — TN Code / Title 65 / Chapter 6 / Section 65-6-202
Part definitions
Status: in_force

For the purpose of this part, the following definitions will govern: (1) "Height" of a freight car is the distance between the top of the rail and the top of the running board; (2) "Overhead clearance" is the vertical distance between the two (2) rails from the level of the top of the highest rail to a structure or obstruction above on tangent track and from the mean level of the two (2) rails on curved track; (3) "Side" of a freight car is that part or appurtenance of the car at the maximum distance measured at right angles from the center line of the car; (4) "Side clearance" is the shortest distance from the center line of track to a structure or obstruction at the side of track up to a distance of fifteen feet (15') and six inches (6") from the top of the rail; and (5) "Width" of a freight car is twice the distance from the center line to the side of a car as defined in this section. Acts 1949, ch. 178, § 2; C. Supp. 1950, § 2670.2; T.C.A. (orig. ed.), § 65-624.
For the purpose of this part, the following definitions will govern:
(1) "Height" of a freight car is the distance between the top of the rail and the top of the running board;
(2) "Overhead clearance" is the vertical distance between the two (2) rails from the level of the top of the highest rail to a structure or obstruction above on tangent track and from the mean level of the two (2) rails on curved track;
(3) "Side" of a freight car is that part or appurtenance of the car at the maximum distance measured at right angles from the center line of the car;
(4) "Side clearance" is the shortest distance from the center line of track to a structure or obstruction at the side of track up to a distance of fifteen feet (15') and six inches (6") from the top of the rail; and
(5) "Width" of a freight car is twice the distance from the center line to the side of a car as defined in this section.
Acts 1949, ch. 178, § 2; C. Supp. 1950, § 2670.2; T.C.A. (orig. ed.), § 65-624.
Tenn. Code Ann. § 65-17-111 — TN Code / Title 65 / Chapter 17 / Section 65-17-111
Chapter supplemental to other law
Status: in_force

This chapter supplements any other provision of this title or other law to provide additional authority to regulate the siting and permitting of wind energy facilities and wind energy facility expansions. Nothing in this chapter prescribes an exclusive procedure or grants exclusive powers relating to the siting or permitting of wind energy facilities and wind energy facility expansions. Acts 2018, ch. 825, § 11.
This chapter supplements any other provision of this title or other law to provide additional authority to regulate the siting and permitting of wind energy facilities and wind energy facility expansions. Nothing in this chapter prescribes an exclusive procedure or grants exclusive powers relating to the siting or permitting of wind energy facilities and wind energy facility expansions.
Acts 2018, ch. 825, § 11.
Tenn. Code Ann. § 65-18-103 — TN Code / Title 65 / Chapter 18 / Section 65-18-103
Construction of track across highways, streets and alleys
Status: in_force

The line of track of the road shall be so constructed as not to interfere with the convenient travel of the public along the highways, county roads, streets, and alleys of cities, towns, and villages, and so as to allow carts, wagons, carriages, and other vehicles conveniently and safely to pass over or under the line of track, and so as not to interrupt travel on foot or horseback, or in vehicles of any kind, in the necessary and proper use of the public road, street, or alley in the usual and proper mode. Acts 1887, ch. 16, § 2; Shan., § 2250; mod. Code 1932, § 3968; T.C.A. (orig. ed.), § 65-1803.
The line of track of the road shall be so constructed as not to interfere with the convenient travel of the public along the highways, county roads, streets, and alleys of cities, towns, and villages, and so as to allow carts, wagons, carriages, and other vehicles conveniently and safely to pass over or under the line of track, and so as not to interrupt travel on foot or horseback, or in vehicles of any kind, in the necessary and proper use of the public road, street, or alley in the usual and proper mode.
Acts 1887, ch. 16, § 2; Shan., § 2250; mod. Code 1932, § 3968; T.C.A. (orig. ed.), § 65-1803.
Tenn. Code Ann. § 65-2-104 — TN Code / Title 65 / Chapter 2 / Section 65-2-104
Petition for declaratory ruling by the commission
Status: in_force

On the petition of any interested person, the commission may issue a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by it or with respect to the meaning and scope of any order of the commission. A declaratory ruling, if issued after argument and stated to be binding, is binding between the commission and the petitioner on the state of facts alleged in the petition, unless it is altered or set aside by a court in a proper proceeding. Such rulings are subject to review in the chancery court of Davidson County in the manner provided in this chapter for the review of decisions in contested cases. The commission shall prescribe by rule the form for such petitions and the procedure for their submission, consideration, and disposition. Acts 1953, ch. 162, § 5 (Williams, § 5501.28); T.C.A. (orig. ed.), § 65-204; Acts 1995, ch. 305, § 9.
On the petition of any interested person, the commission may issue a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by it or with respect to the meaning and scope of any order of the commission. A declaratory ruling, if issued after argument and stated to be binding, is binding between the commission and the petitioner on the state of facts alleged in the petition, unless it is altered or set aside by a court in a proper proceeding. Such rulings are subject to review in the chancery court of Davidson County in the manner provided in this chapter for the review of decisions in contested cases. The commission shall prescribe by rule the form for such petitions and the procedure for their submission, consideration, and disposition.
Acts 1953, ch. 162, § 5 (Williams, § 5501.28); T.C.A. (orig. ed.), § 65-204; Acts 1995, ch. 305, § 9.
Tenn. Code Ann. § 65-10-205 — TN Code / Title 65 / Chapter 10 / Section 65-10-205
Pleadings
Status: in_force

The declaration or bill, as the case may be, of a plaintiff or complainant shall set out with reasonable certainty, the work done, services rendered, or materials furnished, the amount claimed therefor, the nature and substance of any contract made with such railroad company, or any contractor or construction company, or subcontractor, as the case may be, accompanying such declaration or bill with a copy of the notice, executed as required in § 65-10-202 . Acts 1891, ch. 98, § 3; Shan., § 3584; mod. Code 1932, § 8006; T.C.A. (orig. ed.), § 65-1015.
The declaration or bill, as the case may be, of a plaintiff or complainant shall set out with reasonable certainty, the work done, services rendered, or materials furnished, the amount claimed therefor, the nature and substance of any contract made with such railroad company, or any contractor or construction company, or subcontractor, as the case may be, accompanying such declaration or bill with a copy of the notice, executed as required in § 65-10-202 .
Acts 1891, ch. 98, § 3; Shan., § 3584; mod. Code 1932, § 8006; T.C.A. (orig. ed.), § 65-1015.
Tenn. Code Ann. § 65-26-101 — TN Code / Title 65 / Chapter 26 / Section 65-26-101
Power to lay pipes and conductors
Status: in_force

To enable gas companies to establish such works, they are empowered to lay pipes and extend conductors through the streets, lanes, and alleys of any town, city, or village, in such manner, however, as to produce the least possible inconvenience to the town, city, or village, or its inhabitants, or to travelers, and to take up pavements and sidewalks; provided, that they shall repair the same with the least possible delay, and a city, county, or metropolitan government shall not require the repair of pavement or sidewalk in excess of two hundred percent (200%) of the surface area disturbed during the inspection, installation, or connection to such pipes or natural gas mains or conductors; and provided further, that no one of the streets or alleys shall be entered upon or used by any corporation for laying pipes and conductors, or otherwise, until the consent of the municipal authorities shall have been obtained, and an ordinance shall have been passed prescribing the terms on which the same may be done. Amended by 2024 Tenn. Acts, ch. 662,s 1, eff. 4/9/2024. Acts 1875, ch. 142, § 25; 1887, ch. 176, §§ 1, 2; Shan., §2208; mod. Code 1932, § 3960; T.C.A. (orig. ed.), § 65-2601.
To enable gas companies to establish such works, they are empowered to lay pipes and extend conductors through the streets, lanes, and alleys of any town, city, or village, in such manner, however, as to produce the least possible inconvenience to the town, city, or village, or its inhabitants, or to travelers, and to take up pavements and sidewalks; provided, that they shall repair the same with the least possible delay, and a city, county, or metropolitan government shall not require the repair of pavement or sidewalk in excess of two hundred percent (200%) of the surface area disturbed during the inspection, installation, or connection to such pipes or natural gas mains or conductors; and provided further, that no one of the streets or alleys shall be entered upon or used by any corporation for laying pipes and conductors, or otherwise, until the consent of the municipal authorities shall have been obtained, and an ordinance shall have been passed prescribing the terms on which the same may be done.
Amended by 2024 Tenn. Acts, ch. 662,s 1, eff. 4/9/2024.
Acts 1875, ch. 142, § 25; 1887, ch. 176, §§ 1, 2; Shan., §2208; mod. Code 1932, § 3960; T.C.A. (orig. ed.), § 65-2601.
Tenn. Code Ann. § 65-10-101 — TN Code / Title 65 / Chapter 10 / Section 65-10-101
Lien of contractors
Status: in_force

Where any railroad company contracts with any person for the grading of its roadway, the construction or repair of its culverts, bridges, and masonry, the furnishing of cross-ties, the laying of its track, the erection of its depots, platforms, wood or water stations, section houses, machine shops, or other buildings, or for the delivery of material for any of these purposes, or for engineering or superintendence, there shall be a lien upon such railroad, its franchise and property, in favor of the person with whom the railroad company contracts for the performance of the work or the delivery of the materials, to the amount of the debt contracted for such performance or delivery. Acts 1883, ch. 220, § 1; Shan., § 3570; mod. Code 1932, § 7992; T.C.A. (orig. ed.), § 65-1001.
Where any railroad company contracts with any person for the grading of its roadway, the construction or repair of its culverts, bridges, and masonry, the furnishing of cross-ties, the laying of its track, the erection of its depots, platforms, wood or water stations, section houses, machine shops, or other buildings, or for the delivery of material for any of these purposes, or for engineering or superintendence, there shall be a lien upon such railroad, its franchise and property, in favor of the person with whom the railroad company contracts for the performance of the work or the delivery of the materials, to the amount of the debt contracted for such performance or delivery.
Acts 1883, ch. 220, § 1; Shan., § 3570; mod. Code 1932, § 7992; T.C.A. (orig. ed.), § 65-1001.
Tenn. Code Ann. § 65-27-107 — TN Code / Title 65 / Chapter 27 / Section 65-27-107
Injury or destruction of company property or unauthorized connections
Status: in_force

It is unlawful for any person to injure or destroy any of the pipes, fixtures, or other property of the company, or to turn on water, or to make any connection with the pipes, or other fixtures after the same has been shut off, stopped, or disconnected by the company. Acts 1909, ch. 127, § 6; Shan., § 2489a6; Code 1932, § 4069; T.C.A. (orig. ed.), § 65-2707.
It is unlawful for any person to injure or destroy any of the pipes, fixtures, or other property of the company, or to turn on water, or to make any connection with the pipes, or other fixtures after the same has been shut off, stopped, or disconnected by the company.
Acts 1909, ch. 127, § 6; Shan., § 2489a6; Code 1932, § 4069; T.C.A. (orig. ed.), § 65-2707.
Tenn. Code Ann. § 65-5-201 — TN Code / Title 65 / Chapter 5 / Section 65-5-201
Short title
Status: in_force

This part shall be known and may be cited as the "Broadband Business Certainty Act of 2006." Acts 2006, ch. 681, § 2.
This part shall be known and may be cited as the "Broadband Business Certainty Act of 2006."
Acts 2006, ch. 681, § 2.
Tenn. Code Ann. § 65-4-205 — TN Code / Title 65 / Chapter 4 / Section 65-4-205
Evidence
Status: in_force

All evidence taken by the commission in any such hearing or hearings shall be taken under oath and may be treated as evidence in any court. Acts 1923, ch. 87, § 5; Shan. Supp., § 1843a6; Code 1932, § 5507; T.C.A. (orig. ed.), § 65-419; Acts 1995, ch. 305, § 20.
All evidence taken by the commission in any such hearing or hearings shall be taken under oath and may be treated as evidence in any court.
Acts 1923, ch. 87, § 5; Shan. Supp., § 1843a6; Code 1932, § 5507; T.C.A. (orig. ed.), § 65-419; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-8-106 — TN Code / Title 65 / Chapter 8 / Section 65-8-106
Sale under mortgage
Status: in_force

(a) The purchasers of any railroad chartered by this state, and lying in whole or in part in this state, sold under any mortgage executed by it, when put in possession of the railroad by any court of competent jurisdiction, shall have the same right to operate the same in this state as the incorporated company which executed the mortgage. (b) When a mortgage executed, as provided or allowed by law, upon the franchises and property, of every description of an incorporated railroad lying within the state, either in whole or in part, shall be foreclosed in any court of this state or of the United States having jurisdiction thereof, by sale under the mortgage, the purchasers at the sale shall, by virtue thereof, be entitled to and be invested with the franchises and property, and with all the rights, privileges, and immunities appertaining thereto by the laws of this state, in the act of incorporation of the company, and the amendments thereto, and the general internal improvement law, or other laws of this state, in as full a manner as the company or companies are or were. Acts 1877, ch. 12, §§ 1, 2; Shan., §§ 1513, 1514; Code 1932, §§ 2585, 2588; T.C.A. (orig. ed.), §§ 65-806, 65-808.
(a) The purchasers of any railroad chartered by this state, and lying in whole or in part in this state, sold under any mortgage executed by it, when put in possession of the railroad by any court of competent jurisdiction, shall have the same right to operate the same in this state as the incorporated company which executed the mortgage.
(b) When a mortgage executed, as provided or allowed by law, upon the franchises and property, of every description of an incorporated railroad lying within the state, either in whole or in part, shall be foreclosed in any court of this state or of the United States having jurisdiction thereof, by sale under the mortgage, the purchasers at the sale shall, by virtue thereof, be entitled to and be invested with the franchises and property, and with all the rights, privileges, and immunities appertaining thereto by the laws of this state, in the act of incorporation of the company, and the amendments thereto, and the general internal improvement law, or other laws of this state, in as full a manner as the company or companies are or were.
Acts 1877, ch. 12, §§ 1, 2; Shan., §§ 1513, 1514; Code 1932, §§ 2585, 2588; T.C.A. (orig. ed.), §§ 65-806, 65-808.
Tenn. Code Ann. § 65-3-112 — TN Code / Title 65 / Chapter 3 / Section 65-3-112
Power to issue subpoenas
Status: in_force

The department of transportation, in making any examination or investigation provided for, has the power to issue subpoenas for the attendance of witnesses by such rules as it may prescribe. Acts 1897, ch. 10, § 10; Shan., § 3059a29; Code 1932, § 5405; T.C.A. (orig. ed.), § 65-314; Acts 1995, ch. 305, § 10.
The department of transportation, in making any examination or investigation provided for, has the power to issue subpoenas for the attendance of witnesses by such rules as it may prescribe.
Acts 1897, ch. 10, § 10; Shan., § 3059a29; Code 1932, § 5405; T.C.A. (orig. ed.), § 65-314; Acts 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-36-108 — TN Code / Title 65 / Chapter 36 / Section 65-36-108
Construction with other regulatory statutes
Status: in_force

(a) Nothing in this chapter shall be deemed to be an implied repeal of the service area limitations established in § 6-51-112 or chapter 34 of this title. (b) Nothing in this chapter shall be construed to change the requirements of title 7, chapter 82, with respect to the merger or acquisition of any water, sewer, or gas system of a utility district with or by a municipal electric utility or electric cooperative. Nothing in this chapter shall be construed to authorize any municipal electric utility or electric cooperative to provide a service for which a license, certification or registration is required pursuant to title 62, chapter 32, part 3, or operate a cable system as defined by § 7-59-201 for the provision of cable service, to provide pager services, or to operate as an internet service provider. Acts 1997, ch. 520, §§ 8, 10.
(a) Nothing in this chapter shall be deemed to be an implied repeal of the service area limitations established in § 6-51-112 or chapter 34 of this title.
(b) Nothing in this chapter shall be construed to change the requirements of title 7, chapter 82, with respect to the merger or acquisition of any water, sewer, or gas system of a utility district with or by a municipal electric utility or electric cooperative. Nothing in this chapter shall be construed to authorize any municipal electric utility or electric cooperative to provide a service for which a license, certification or registration is required pursuant to title 62, chapter 32, part 3, or operate a cable system as defined by § 7-59-201 for the provision of cable service, to provide pager services, or to operate as an internet service provider.
Acts 1997, ch. 520, §§ 8, 10.