Tenn. Code Ann. § 54-6-106 — TN Code / Title 54 / Chapter 6 / Section 54-6-106
Solicitation and acceptance of proposal for transportation facility - Solicitation and selection of private entity
Status: in_force

(a) A responsible public entity may solicit, receive, consider, evaluate, and accept a proposal for a qualifying transportation facility. (b) In soliciting and selecting a private entity with which to enter into a public-private initiative, the responsible public entity may utilize one (1) or more of the following procurement approaches: (1) Competitive sealed bidding; (2) Competitive selection of proposals, based on qualifications, best value, or both; or (3) Any other competitive selection process that the responsible public entity determines to be appropriate or reasonable and in the best interest of the public. (c) The responsible public entity may select multiple private entities with which to enter a public-private initiative for a transportation facility if it serves the public purpose of this chapter. (d) (1) The responsible public entity may receive, consider, evaluate, and accept an unsolicited proposal for a public-private initiative if the proposal: (A) Is independently originated and developed by the proposer; (B) Benefits the public; and (C) Includes sufficient detail and information for the responsible public entity to evaluate the proposal in an objective and timely manner. (2) Within sixty (60) days after receiving an unsolicited proposal, the responsible public entity shall undertake a preliminary evaluation of the unsolicited proposal to determine if the proposal complies with the requirements under subdivision (d)(1). (3) If the unsolicited proposal does not comply with subdivision (d)(1), the responsible public entity shall return the proposal without further action and return any fees paid by the private entity. (4) If the unsolicited proposal complies with subdivision (d)(1), the responsible public entity may continue to evaluate the proposal in accordance with this section; provided, that the responsible public entity shall advertise the unsolicited proposal pursuant to subdivision (d)(5) for the purpose of receiving competitive proposals for the same proposed transportation facility. (5) The advertisement shall outline the general nature and scope of the unsolicited proposal, including the location of the transportation facility and the work to be performed on or in connection with the transportation facility and shall specify an address to which a competing proposal may be submitted. The advertisement shall specify a reasonable time period of not less than ninety (90) days by which competitors must submit a competing proposal to the responsible public entity. (6) The responsible public entity shall: (A) Determine if any competing proposal is comparable in nature and scope to the original unsolicited proposal; (B) Evaluate the original unsolicited proposal and any comparable competing proposal; and (C) Conduct any good faith discussions and, if necessary, any negotiations concerning each qualified proposal. (7) After evaluating the unsolicited proposal and any competing proposals, the responsible public entity may: (A) Accept the unsolicited proposal and reject any competing proposals; (B) Reject the unsolicited proposal and accept a comparable competing proposal if the responsible public entity determines that the comparable competing proposal is the most advantageous to this state or the affected jurisdiction; (C) Accept both an unsolicited proposal and a competing proposal if accepting both proposals is advantageous to this state or the affected jurisdiction; or (D) Reject the unsolicited proposal and any competing proposals and return any remaining fees paid by the private entities. (e) The responsible public entity may charge a reasonable fee to cover its costs to process, review, and evaluate a solicited or unsolicited proposal and any competing proposals. (f) In evaluating and selecting a solicited or unsolicited proposal and any comparable competing proposal to enter into a public-private initiative, the responsible public entity shall consider whether the transportation facility is compatible with the existing transportation plan for the state, region, and affected jurisdictions. (g) In evaluating and selecting a solicited or unsolicited proposal and any comparable competing proposal to enter into a public-private initiative, the responsible public entity may consider the following factors: (1) The ability of the transportation facility to improve safety, reduce congestion, increase capacity, and promote economic growth; (2) The proposed cost of and financial plan for the transportation facility; (3) The general reputation, qualifications, industry experience, and financial capacity of the private entity; (4) The proposed design, operation, and feasibility of the transportation facility; (5) Comments from citizens within affected jurisdictions; (6) Benefits to the public; (7) The safety record of the private entity; (8) Novel methods, approaches, or concepts demonstrated by the proposal; (9) Scientific, technical, or socioeconomic merits of the proposal; (10) Potential contribution of the proposal to the responsible public entity's mission; (11) Capabilities, related experience, facilities, or techniques of the private entity or unique combinations of these qualities that are integral factors for achieving the proposal objectives; (12) Qualifications, capabilities, and experience of the proposed principal investigator, team leader, or key personnel, who are critical to achieving the proposal objectives; (13) Comments of the owners and operators of existing transportation facilities; and (14) Other criteria that the responsible public entity deems appropriate. (h) The responsible public entity shall return any remaining fees paid by a private entity for any proposal that is rejected. (i) Section 54-6-107 shall apply to any unsolicited proposal or competing proposal that is rejected. Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
(a) A responsible public entity may solicit, receive, consider, evaluate, and accept a proposal for a qualifying transportation facility.
(b) In soliciting and selecting a private entity with which to enter into a public-private initiative, the responsible public entity may utilize one (1) or more of the following procurement approaches: (1) Competitive sealed bidding; (2) Competitive selection of proposals, based on qualifications, best value, or both; or (3) Any other competitive selection process that the responsible public entity determines to be appropriate or reasonable and in the best interest of the public.
(1) Competitive sealed bidding;
(2) Competitive selection of proposals, based on qualifications, best value, or both; or
(3) Any other competitive selection process that the responsible public entity determines to be appropriate or reasonable and in the best interest of the public.
(c) The responsible public entity may select multiple private entities with which to enter a public-private initiative for a transportation facility if it serves the public purpose of this chapter.
(d) (1) The responsible public entity may receive, consider, evaluate, and accept an unsolicited proposal for a public-private initiative if the proposal: (A) Is independently originated and developed by the proposer; (B) Benefits the public; and (C) Includes sufficient detail and information for the responsible public entity to evaluate the proposal in an objective and timely manner. (2) Within sixty (60) days after receiving an unsolicited proposal, the responsible public entity shall undertake a preliminary evaluation of the unsolicited proposal to determine if the proposal complies with the requirements under subdivision (d)(1). (3) If the unsolicited proposal does not comply with subdivision (d)(1), the responsible public entity shall return the proposal without further action and return any fees paid by the private entity. (4) If the unsolicited proposal complies with subdivision (d)(1), the responsible public entity may continue to evaluate the proposal in accordance with this section; provided, that the responsible public entity shall advertise the unsolicited proposal pursuant to subdivision (d)(5) for the purpose of receiving competitive proposals for the same proposed transportation facility. (5) The advertisement shall outline the general nature and scope of the unsolicited proposal, including the location of the transportation facility and the work to be performed on or in connection with the transportation facility and shall specify an address to which a competing proposal may be submitted. The advertisement shall specify a reasonable time period of not less than ninety (90) days by which competitors must submit a competing proposal to the responsible public entity. (6) The responsible public entity shall: (A) Determine if any competing proposal is comparable in nature and scope to the original unsolicited proposal; (B) Evaluate the original unsolicited proposal and any comparable competing proposal; and (C) Conduct any good faith discussions and, if necessary, any negotiations concerning each qualified proposal. (7) After evaluating the unsolicited proposal and any competing proposals, the responsible public entity may: (A) Accept the unsolicited proposal and reject any competing proposals; (B) Reject the unsolicited proposal and accept a comparable competing proposal if the responsible public entity determines that the comparable competing proposal is the most advantageous to this state or the affected jurisdiction; (C) Accept both an unsolicited proposal and a competing proposal if accepting both proposals is advantageous to this state or the affected jurisdiction; or (D) Reject the unsolicited proposal and any competing proposals and return any remaining fees paid by the private entities.
(1) The responsible public entity may receive, consider, evaluate, and accept an unsolicited proposal for a public-private initiative if the proposal: (A) Is independently originated and developed by the proposer; (B) Benefits the public; and (C) Includes sufficient detail and information for the responsible public entity to evaluate the proposal in an objective and timely manner.
(A) Is independently originated and developed by the proposer;
(B) Benefits the public; and
(C) Includes sufficient detail and information for the responsible public entity to evaluate the proposal in an objective and timely manner.
(2) Within sixty (60) days after receiving an unsolicited proposal, the responsible public entity shall undertake a preliminary evaluation of the unsolicited proposal to determine if the proposal complies with the requirements under subdivision (d)(1).
(3) If the unsolicited proposal does not comply with subdivision (d)(1), the responsible public entity shall return the proposal without further action and return any fees paid by the private entity.
(4) If the unsolicited proposal complies with subdivision (d)(1), the responsible public entity may continue to evaluate the proposal in accordance with this section; provided, that the responsible public entity shall advertise the unsolicited proposal pursuant to subdivision (d)(5) for the purpose of receiving competitive proposals for the same proposed transportation facility.
(5) The advertisement shall outline the general nature and scope of the unsolicited proposal, including the location of the transportation facility and the work to be performed on or in connection with the transportation facility and shall specify an address to which a competing proposal may be submitted. The advertisement shall specify a reasonable time period of not less than ninety (90) days by which competitors must submit a competing proposal to the responsible public entity.
(6) The responsible public entity shall: (A) Determine if any competing proposal is comparable in nature and scope to the original unsolicited proposal; (B) Evaluate the original unsolicited proposal and any comparable competing proposal; and (C) Conduct any good faith discussions and, if necessary, any negotiations concerning each qualified proposal.
(A) Determine if any competing proposal is comparable in nature and scope to the original unsolicited proposal;
(B) Evaluate the original unsolicited proposal and any comparable competing proposal; and
(C) Conduct any good faith discussions and, if necessary, any negotiations concerning each qualified proposal.
(7) After evaluating the unsolicited proposal and any competing proposals, the responsible public entity may: (A) Accept the unsolicited proposal and reject any competing proposals; (B) Reject the unsolicited proposal and accept a comparable competing proposal if the responsible public entity determines that the comparable competing proposal is the most advantageous to this state or the affected jurisdiction; (C) Accept both an unsolicited proposal and a competing proposal if accepting both proposals is advantageous to this state or the affected jurisdiction; or (D) Reject the unsolicited proposal and any competing proposals and return any remaining fees paid by the private entities.
(A) Accept the unsolicited proposal and reject any competing proposals;
(B) Reject the unsolicited proposal and accept a comparable competing proposal if the responsible public entity determines that the comparable competing proposal is the most advantageous to this state or the affected jurisdiction;
(C) Accept both an unsolicited proposal and a competing proposal if accepting both proposals is advantageous to this state or the affected jurisdiction; or
(D) Reject the unsolicited proposal and any competing proposals and return any remaining fees paid by the private entities.
(e) The responsible public entity may charge a reasonable fee to cover its costs to process, review, and evaluate a solicited or unsolicited proposal and any competing proposals.
(f) In evaluating and selecting a solicited or unsolicited proposal and any comparable competing proposal to enter into a public-private initiative, the responsible public entity shall consider whether the transportation facility is compatible with the existing transportation plan for the state, region, and affected jurisdictions.
(g) In evaluating and selecting a solicited or unsolicited proposal and any comparable competing proposal to enter into a public-private initiative, the responsible public entity may consider the following factors: (1) The ability of the transportation facility to improve safety, reduce congestion, increase capacity, and promote economic growth; (2) The proposed cost of and financial plan for the transportation facility; (3) The general reputation, qualifications, industry experience, and financial capacity of the private entity; (4) The proposed design, operation, and feasibility of the transportation facility; (5) Comments from citizens within affected jurisdictions; (6) Benefits to the public; (7) The safety record of the private entity; (8) Novel methods, approaches, or concepts demonstrated by the proposal; (9) Scientific, technical, or socioeconomic merits of the proposal; (10) Potential contribution of the proposal to the responsible public entity's mission; (11) Capabilities, related experience, facilities, or techniques of the private entity or unique combinations of these qualities that are integral factors for achieving the proposal objectives; (12) Qualifications, capabilities, and experience of the proposed principal investigator, team leader, or key personnel, who are critical to achieving the proposal objectives; (13) Comments of the owners and operators of existing transportation facilities; and (14) Other criteria that the responsible public entity deems appropriate.
(1) The ability of the transportation facility to improve safety, reduce congestion, increase capacity, and promote economic growth;
(2) The proposed cost of and financial plan for the transportation facility;
(3) The general reputation, qualifications, industry experience, and financial capacity of the private entity;
(4) The proposed design, operation, and feasibility of the transportation facility;
(5) Comments from citizens within affected jurisdictions;
(6) Benefits to the public;
(7) The safety record of the private entity;
(8) Novel methods, approaches, or concepts demonstrated by the proposal;
(9) Scientific, technical, or socioeconomic merits of the proposal;
(10) Potential contribution of the proposal to the responsible public entity's mission;
(11) Capabilities, related experience, facilities, or techniques of the private entity or unique combinations of these qualities that are integral factors for achieving the proposal objectives;
(12) Qualifications, capabilities, and experience of the proposed principal investigator, team leader, or key personnel, who are critical to achieving the proposal objectives;
(13) Comments of the owners and operators of existing transportation facilities; and
(14) Other criteria that the responsible public entity deems appropriate.
(h) The responsible public entity shall return any remaining fees paid by a private entity for any proposal that is rejected.
(i) Section 54-6-107 shall apply to any unsolicited proposal or competing proposal that is rejected.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-4-601 — TN Code / Title 54 / Chapter 4 / Section 54-4-601
Eligibility
Status: in_force

(a) Eligible bridges shall be those located on public roads under the jurisdiction of a local government, and shall not include bridges located on the state system of highways. Any local government that meets the eligibility requirements in § 54-4-504(c) shall be eligible for participation in the high priority bridge replacement program. (b) For purposes of this part, "bridge" means a structure on a public road, including supports, erected for carrying traffic over a depression or an obstruction, such as water or a highway or railway, and having an opening measured along the center of the roadway of more than twenty feet (20') between under-copings of abutments or spring lines of arches, or extreme ends of openings for multiple boxes; it may also include multiple pipes, where the clear distance between openings is less than half of the smaller contiguous opening. Added by 2017 Tenn. Acts, ch. 425,s 2, eff. 7/1/2017.
(a) Eligible bridges shall be those located on public roads under the jurisdiction of a local government, and shall not include bridges located on the state system of highways. Any local government that meets the eligibility requirements in § 54-4-504(c) shall be eligible for participation in the high priority bridge replacement program.
(b) For purposes of this part, "bridge" means a structure on a public road, including supports, erected for carrying traffic over a depression or an obstruction, such as water or a highway or railway, and having an opening measured along the center of the roadway of more than twenty feet (20') between under-copings of abutments or spring lines of arches, or extreme ends of openings for multiple boxes; it may also include multiple pipes, where the clear distance between openings is less than half of the smaller contiguous opening.
Added by 2017 Tenn. Acts, ch. 425,s 2, eff. 7/1/2017.
Tenn. Code Ann. § 54-11-216 — TN Code / Title 54 / Chapter 11 / Section 54-11-216
Vacancy in board of commissioners - Bond and oath
Status: in_force

The county legislative body shall fill all vacancies on any board of town, or bridge commissioners, and any person appointed to fill a vacancy shall execute the same bond, if a bond is required, take the same oath, and have the same powers and emoluments, as the predecessor. Code 1858, § 1269 (deriv. Acts 1835-1836, ch. 29, § 12); Shan., § 1733; mod. Code 1932, § 3059; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1122.
The county legislative body shall fill all vacancies on any board of town, or bridge commissioners, and any person appointed to fill a vacancy shall execute the same bond, if a bond is required, take the same oath, and have the same powers and emoluments, as the predecessor.
Code 1858, § 1269 (deriv. Acts 1835-1836, ch. 29, § 12); Shan., § 1733; mod. Code 1932, § 3059; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1122.
Tenn. Code Ann. § 54-9-209 — TN Code / Title 54 / Chapter 9 / Section 54-9-209
County highway department authorized to undertake project - Project accomplished by contract - Advertisement for bids
Status: in_force

(a) (1) After the sale of the bonds for the construction of the approved projects, the county legislative body may authorize the county highway department to undertake one (1) or more of the projects or may direct that the project or projects be accomplished by contract. (2) In the event the county highway department undertakes the project or projects, the procedures set for and the provisions of § 54-9-202 shall be applicable, and it shall be the duty of the appropriate officials in the county to explicitly follow the surveys and plans approved by the department of transportation and they shall have no authority to change, alter, or modify them in any way. (b) (1) In the event the county legislative body determines the projects shall be accomplished by contract, the county, through a committee consisting of the fiscal officer of the county, the chief administrative officer of the county highway department and the county trustee, shall advertise for bids for the construction project or projects. (2) The advertisement shall be placed at least once weekly for two (2) consecutive weeks in a newspaper having general circulation in the county, and shall concisely contain: (A) The time and date for filing sealed bids with the county clerk; (B) The time on the same date when the committee shall publicly open the bids; (C) A general description of the project or projects upon which bids will be received; (D) The offices of the county officials in which copies of the plans, specifications and contracts may be reviewed; and (E) Other pertinent information. Acts 1959, ch. 320, § 9; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A., § 54-852; Acts 1983, ch. 320, § 10.
(a) (1) After the sale of the bonds for the construction of the approved projects, the county legislative body may authorize the county highway department to undertake one (1) or more of the projects or may direct that the project or projects be accomplished by contract. (2) In the event the county highway department undertakes the project or projects, the procedures set for and the provisions of § 54-9-202 shall be applicable, and it shall be the duty of the appropriate officials in the county to explicitly follow the surveys and plans approved by the department of transportation and they shall have no authority to change, alter, or modify them in any way.
(1) After the sale of the bonds for the construction of the approved projects, the county legislative body may authorize the county highway department to undertake one (1) or more of the projects or may direct that the project or projects be accomplished by contract.
(2) In the event the county highway department undertakes the project or projects, the procedures set for and the provisions of § 54-9-202 shall be applicable, and it shall be the duty of the appropriate officials in the county to explicitly follow the surveys and plans approved by the department of transportation and they shall have no authority to change, alter, or modify them in any way.
(b) (1) In the event the county legislative body determines the projects shall be accomplished by contract, the county, through a committee consisting of the fiscal officer of the county, the chief administrative officer of the county highway department and the county trustee, shall advertise for bids for the construction project or projects. (2) The advertisement shall be placed at least once weekly for two (2) consecutive weeks in a newspaper having general circulation in the county, and shall concisely contain: (A) The time and date for filing sealed bids with the county clerk; (B) The time on the same date when the committee shall publicly open the bids; (C) A general description of the project or projects upon which bids will be received; (D) The offices of the county officials in which copies of the plans, specifications and contracts may be reviewed; and (E) Other pertinent information.
(1) In the event the county legislative body determines the projects shall be accomplished by contract, the county, through a committee consisting of the fiscal officer of the county, the chief administrative officer of the county highway department and the county trustee, shall advertise for bids for the construction project or projects.
(2) The advertisement shall be placed at least once weekly for two (2) consecutive weeks in a newspaper having general circulation in the county, and shall concisely contain: (A) The time and date for filing sealed bids with the county clerk; (B) The time on the same date when the committee shall publicly open the bids; (C) A general description of the project or projects upon which bids will be received; (D) The offices of the county officials in which copies of the plans, specifications and contracts may be reviewed; and (E) Other pertinent information.
(A) The time and date for filing sealed bids with the county clerk;
(B) The time on the same date when the committee shall publicly open the bids;
(C) A general description of the project or projects upon which bids will be received;
(D) The offices of the county officials in which copies of the plans, specifications and contracts may be reviewed; and
(E) Other pertinent information.
Acts 1959, ch. 320, § 9; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A., § 54-852; Acts 1983, ch. 320, § 10.
Tenn. Code Ann. § 54-11-103 — TN Code / Title 54 / Chapter 11 / Section 54-11-103
Manner of clearing fords
Status: in_force

(a) The fords shall be cleared of all loose rock, and all fastened rock shall be battered down that can be done by a heavy, blunt, or square-end crowbar or sledge hammer. (b) All other obstructions that can be conveniently removed, and all rubbish removed, shall be deposited where it will not deepen the ford of the stream. Acts 1859-1860, ch. 115, § 3; Shan., § 1743; Code 1932, § 3069; T.C.A. (orig. ed.), § 54-1103.
(a) The fords shall be cleared of all loose rock, and all fastened rock shall be battered down that can be done by a heavy, blunt, or square-end crowbar or sledge hammer.
(b) All other obstructions that can be conveniently removed, and all rubbish removed, shall be deposited where it will not deepen the ford of the stream.
Acts 1859-1860, ch. 115, § 3; Shan., § 1743; Code 1932, § 3069; T.C.A. (orig. ed.), § 54-1103.
Tenn. Code Ann. § 54-11-214 — TN Code / Title 54 / Chapter 11 / Section 54-11-214
Acceptance of proposal
Status: in_force

Of the proposals reported, the county legislative body may receive and accept that which seems to it best; and shall then direct the work to progress under regulations and securities it deems proper. Code 1858, § 1267 (deriv. Acts 1835-1836, ch. 29, § 3); Shan., § 1731; Code 1932, § 3057; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1120.
Of the proposals reported, the county legislative body may receive and accept that which seems to it best; and shall then direct the work to progress under regulations and securities it deems proper.
Code 1858, § 1267 (deriv. Acts 1835-1836, ch. 29, § 3); Shan., § 1731; Code 1932, § 3057; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1120.
Tenn. Code Ann. § 54-5-852 — TN Code / Title 54 / Chapter 5 / Section 54-5-852
Definitions for Sections 54-5-851 - 54-5-856
Status: in_force

As used in § 54-5-851 , this section and §§ 54-5-853 - 54-5-856, unless the context otherwise requires: (1) "Approximate vertical and horizontal locations of underground utility facilities" means the depth below the existing ground line in accordance with the best information available to the owner, and the location on a strip of land at least four feet (4') wide but not wider than the width of the utility facility plus two feet (2') on either side of the utility facility; (2) "Calendar days" means all days shown on the calendar; (3) "Complete project plans" means the plans, including existing topography and proposed grades, that have been developed by the department for use in acquiring rights-of-way and/or negotiating with owners for installation, relocation or adjustment of utility facilities relative to construction. Additions or changes to the plans shall be given to the utilities as soon as they are available; (4) "Construction" means the work required to construct or reconstruct a highway in accordance with the plans and specifications; (5) "Department" means the Tennessee department of transportation; (6) "Highway" means a highway, road, or street that will be the subject of construction pursuant to a contract to be entered into between the department and a contractor; (7) "Owner" means the owner, operator, user or joint user of utility facilities; and (8) "Utility facility" means lines, pipes or other systems used, available for use, or formerly used to transmit or distribute communications, electricity, gas, liquids, steam, sewerage, or other materials. Acts 1988, ch. 517, § 2; 1999, ch. 452, §§ 8, 9.
As used in § 54-5-851 , this section and §§ 54-5-853 - 54-5-856, unless the context otherwise requires:
(1) "Approximate vertical and horizontal locations of underground utility facilities" means the depth below the existing ground line in accordance with the best information available to the owner, and the location on a strip of land at least four feet (4') wide but not wider than the width of the utility facility plus two feet (2') on either side of the utility facility;
(2) "Calendar days" means all days shown on the calendar;
(3) "Complete project plans" means the plans, including existing topography and proposed grades, that have been developed by the department for use in acquiring rights-of-way and/or negotiating with owners for installation, relocation or adjustment of utility facilities relative to construction. Additions or changes to the plans shall be given to the utilities as soon as they are available;
(4) "Construction" means the work required to construct or reconstruct a highway in accordance with the plans and specifications;
(5) "Department" means the Tennessee department of transportation;
(6) "Highway" means a highway, road, or street that will be the subject of construction pursuant to a contract to be entered into between the department and a contractor;
(7) "Owner" means the owner, operator, user or joint user of utility facilities; and
(8) "Utility facility" means lines, pipes or other systems used, available for use, or formerly used to transmit or distribute communications, electricity, gas, liquids, steam, sewerage, or other materials.
Acts 1988, ch. 517, § 2; 1999, ch. 452, §§ 8, 9.
Tenn. Code Ann. § 54-12-401 — TN Code / Title 54 / Chapter 12 / Section 54-12-401
Collection of assessments by county trustee - Kept as a separate fund - Collection by bill in chancery - Personalty not to be distrained for such assessment
Status: in_force

Assessments provided for by this chapter shall be collected by the county trustee as county taxes are collected, except as provided otherwise in this part, and the funds collected shall be kept as a separate fund, and shall be paid out only for purposes properly connected with the improvement on the order or warrant of the county mayor; but the assessments may be collected by bill filed in chancery, as provided in §§ 54-12-412 - 54-12-421, and no personal property of the owner of land assessed shall be liable or distrained upon for the assessment, but only the land assessed shall be liable for the assessment. Acts 1919, ch. 193, § 83; Shan. Supp., § 1682a97; Code 1932, § 2911; modified; T.C.A. (orig. ed.), § 54-1601; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 2003, ch. 90, § 2.
Assessments provided for by this chapter shall be collected by the county trustee as county taxes are collected, except as provided otherwise in this part, and the funds collected shall be kept as a separate fund, and shall be paid out only for purposes properly connected with the improvement on the order or warrant of the county mayor; but the assessments may be collected by bill filed in chancery, as provided in §§ 54-12-412 - 54-12-421, and no personal property of the owner of land assessed shall be liable or distrained upon for the assessment, but only the land assessed shall be liable for the assessment.
Acts 1919, ch. 193, § 83; Shan. Supp., § 1682a97; Code 1932, § 2911; modified; T.C.A. (orig. ed.), § 54-1601; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 54-7-202 — TN Code / Title 54 / Chapter 7 / Section 54-7-202
Private use of equipment and materials prohibited - Penalty - Work for governmental entities authorized
Status: in_force

(a) The chief administrative officer shall not authorize or knowingly permit the trucks or road equipment, the rock, crushed stone or any other road materials to be used for any private use or for the use of any individual for private purposes, and the chief administrative officer's failure to see that this subsection (a) is enforced is a Class C misdemeanor. (b) Any employee of the county road department who uses any truck or any other road equipment or any rock, crushed stone or other road material for that employee's personal use, or sells or gives those things away, shall be immediately discharged. (c) No truck or other road equipment or any rock, crushed stone or any road material shall be used to work private roads or for private purposes of owners of the roads. (d) Neither the chief administrative officer nor any other official or employee of the county may use any county vehicle, equipment, supplies or road materials for other than official county road purposes; however, the county governing body has the authority to authorize the county road department to perform work for other governmental entities; provided, that the cost of the projects so authorized is to be reimbursed to the county road department. (e) A violation of this section is a Class C misdemeanor. Each separate use of the same for other than authorized purposes constitutes a separate offense and is subject to a separate punishment. (f) Any person whose property is improved by having road material placed on the property in violation of this section shall be liable to suit for the value of the improvement. Any amounts recovered, including all legal fees and other recovery costs, shall go to the county road department. (g) (1) Notwithstanding this section or any other section to the contrary, at the written request of the appropriate United States postal authority or the appropriate school board or education department, the county may use county vehicles, equipment and supplies to maintain areas for the purpose of providing public school buses and postal vehicles with a route and a turnaround area, even though the areas may not be on the official county road map or part of a public road right-of-way for which the county is responsible. The county shall not maintain the area if it will not be used for that purpose. The county shall obtain written permission from the owner of any property proposed to be used as a turnaround area prior to commencing any work on that property. (2) The county road department and the appropriate postal authority or school board or education department shall determine prior to commencement of the project whether all or part of the cost of the paving will be reimbursed to the road department. Acts 1974, ch. 738, § 14; T.C.A., § 54-1015; Acts 1989, ch. 591, § 113; 1991, ch. 89, § 1; 1999, ch. 286, § 1; 2012 , ch. 689, § 10.
(a) The chief administrative officer shall not authorize or knowingly permit the trucks or road equipment, the rock, crushed stone or any other road materials to be used for any private use or for the use of any individual for private purposes, and the chief administrative officer's failure to see that this subsection (a) is enforced is a Class C misdemeanor.
(b) Any employee of the county road department who uses any truck or any other road equipment or any rock, crushed stone or other road material for that employee's personal use, or sells or gives those things away, shall be immediately discharged.
(c) No truck or other road equipment or any rock, crushed stone or any road material shall be used to work private roads or for private purposes of owners of the roads.
(d) Neither the chief administrative officer nor any other official or employee of the county may use any county vehicle, equipment, supplies or road materials for other than official county road purposes; however, the county governing body has the authority to authorize the county road department to perform work for other governmental entities; provided, that the cost of the projects so authorized is to be reimbursed to the county road department.
(e) A violation of this section is a Class C misdemeanor. Each separate use of the same for other than authorized purposes constitutes a separate offense and is subject to a separate punishment.
(f) Any person whose property is improved by having road material placed on the property in violation of this section shall be liable to suit for the value of the improvement. Any amounts recovered, including all legal fees and other recovery costs, shall go to the county road department.
(g) (1) Notwithstanding this section or any other section to the contrary, at the written request of the appropriate United States postal authority or the appropriate school board or education department, the county may use county vehicles, equipment and supplies to maintain areas for the purpose of providing public school buses and postal vehicles with a route and a turnaround area, even though the areas may not be on the official county road map or part of a public road right-of-way for which the county is responsible. The county shall not maintain the area if it will not be used for that purpose. The county shall obtain written permission from the owner of any property proposed to be used as a turnaround area prior to commencing any work on that property. (2) The county road department and the appropriate postal authority or school board or education department shall determine prior to commencement of the project whether all or part of the cost of the paving will be reimbursed to the road department.
(1) Notwithstanding this section or any other section to the contrary, at the written request of the appropriate United States postal authority or the appropriate school board or education department, the county may use county vehicles, equipment and supplies to maintain areas for the purpose of providing public school buses and postal vehicles with a route and a turnaround area, even though the areas may not be on the official county road map or part of a public road right-of-way for which the county is responsible. The county shall not maintain the area if it will not be used for that purpose. The county shall obtain written permission from the owner of any property proposed to be used as a turnaround area prior to commencing any work on that property.
(2) The county road department and the appropriate postal authority or school board or education department shall determine prior to commencement of the project whether all or part of the cost of the paving will be reimbursed to the road department.
Acts 1974, ch. 738, § 14; T.C.A., § 54-1015; Acts 1989, ch. 591, § 113; 1991, ch. 89, § 1; 1999, ch. 286, § 1; 2012 , ch. 689, § 10.
Tenn. Code Ann. § 54-12-304 — TN Code / Title 54 / Chapter 12 / Section 54-12-304
Organization of board - Bond of treasurer
Status: in_force

(a) The county mayor shall be chair of the board of directors. (b) The board shall elect one (1) of the other directors secretary and treasurer of the board, and as the treasurer shall give bond in the sum of twenty-five thousand dollars ($25,000) faithfully to account for all money received as treasurer. (c) The bond shall be approved by the monthly county court and payable to the county or state, for the use of the district, and shall be recorded in the record. Acts 1919, ch. 193, § 71; Shan. Supp., § 1682a85; Code 1932, § 2899; modified; T.C.A. (orig. ed.), § 54-1504; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 2003, ch. 90, § 2.
(a) The county mayor shall be chair of the board of directors.
(b) The board shall elect one (1) of the other directors secretary and treasurer of the board, and as the treasurer shall give bond in the sum of twenty-five thousand dollars ($25,000) faithfully to account for all money received as treasurer.
(c) The bond shall be approved by the monthly county court and payable to the county or state, for the use of the district, and shall be recorded in the record.
Acts 1919, ch. 193, § 71; Shan. Supp., § 1682a85; Code 1932, § 2899; modified; T.C.A. (orig. ed.), § 54-1504; impl. am. Acts 1978, ch. 934, §§ 16, 36; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 54-5-1111 — TN Code / Title 54 / Chapter 5 / Section 54-5-1111
"RV friendly" service signs for businesses that cater to recreational vehicles
Status: in_force

(a) Subject to the prior approval of the federal highway administration, the department is directed to incorporate the use of "RV friendly" markers on specific service signs for business establishments that cater to the needs of persons driving recreational vehicles. A business establishment that qualifies for participation in the specific service sign program and that also qualifies as RV friendly may request that an RV friendly marker be displayed immediately adjacent to the establishment's business logo sign on the appropriate background sign panel. For purposes of this section, the RV friendly marker to be displayed shall be a marker approved by the federal highway administration in the Manual on Uniform Traffic Control Devices. (b) In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and subject to the approval of the federal highway administration, the department shall promulgate rules and regulations that are necessary to implement this section, including the promulgation of rules and regulations setting forth the minimum requirements that business establishments must meet in order to qualify as RV friendly. The requirements shall include, but shall not be limited to, the availability at each qualifying business establishment of parking spaces, entrances, and exits in sufficient number and of sufficient size and dimensions to easily accommodate recreational vehicles, and the presence of appropriate overhang clearances at all facilities, if applicable. (c) For the purposes of assisting the federal highway administration in considering the approval of an RV friendly marker for incorporation into the Manual on Uniform Traffic Control Devices, the department is directed to submit a request to the federal highway administration for permission to experiment with the use of an RV friendly marker on specific service signs in accordance with this section. Acts 2005, ch. 337, § 1.
(a) Subject to the prior approval of the federal highway administration, the department is directed to incorporate the use of "RV friendly" markers on specific service signs for business establishments that cater to the needs of persons driving recreational vehicles. A business establishment that qualifies for participation in the specific service sign program and that also qualifies as RV friendly may request that an RV friendly marker be displayed immediately adjacent to the establishment's business logo sign on the appropriate background sign panel. For purposes of this section, the RV friendly marker to be displayed shall be a marker approved by the federal highway administration in the Manual on Uniform Traffic Control Devices.
(b) In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and subject to the approval of the federal highway administration, the department shall promulgate rules and regulations that are necessary to implement this section, including the promulgation of rules and regulations setting forth the minimum requirements that business establishments must meet in order to qualify as RV friendly. The requirements shall include, but shall not be limited to, the availability at each qualifying business establishment of parking spaces, entrances, and exits in sufficient number and of sufficient size and dimensions to easily accommodate recreational vehicles, and the presence of appropriate overhang clearances at all facilities, if applicable.
(c) For the purposes of assisting the federal highway administration in considering the approval of an RV friendly marker for incorporation into the Manual on Uniform Traffic Control Devices, the department is directed to submit a request to the federal highway administration for permission to experiment with the use of an RV friendly marker on specific service signs in accordance with this section.
Acts 2005, ch. 337, § 1.
Tenn. Code Ann. § 54-17-106 — TN Code / Title 54 / Chapter 17 / Section 54-17-106
Severability
Status: in_force

If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part which can be given effect without the invalid provision or application, and to that end the provisions of this part are declared to be severable. Added by 2020 Tenn. Acts, ch. 706,s 4, eff. 6/22/2020. Prior version repealed by 2013 Tenn. Acts, ch. 308,s 32, eff. 7/1/2013. Acts 1971, ch. 431, § 6; impl. am. Acts 1972, ch. 829, § 7; Acts 1976, ch. 819, § 4; modified; T.C.A., § 54-2506.
If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part which can be given effect without the invalid provision or application, and to that end the provisions of this part are declared to be severable.
Added by 2020 Tenn. Acts, ch. 706,s 4, eff. 6/22/2020.
Prior version repealed by 2013 Tenn. Acts, ch. 308,s 32, eff. 7/1/2013.
Acts 1971, ch. 431, § 6; impl. am. Acts 1972, ch. 829, § 7; Acts 1976, ch. 819, § 4; modified; T.C.A., § 54-2506.
Tenn. Code Ann. § 54-5-201 — TN Code / Title 54 / Chapter 5 / Section 54-5-201
State highways routed through municipalities - Contracting regarding rights-of-way
Status: in_force

(a) The department shall construct, reconstruct and improve streets and maintain the streets in municipalities over which traffic on state highways is routed; or enter into contracts with the municipalities in the state regarding the construction, reconstruction and improvement of streets and maintenance of the streets in municipalities over which traffic on state highways is routed, and is authorized to enter into contracts with municipalities regarding the acquisition of rights-of-way for those streets, and is authorized to expend state or federal funds, or both, in carrying out this section; provided, that where any federal funds are used in the construction or reconstruction of any street, the municipality shall first agree to comply with, and conform to, all federal and state requirements with reference to traffic regulations and street markings. (b) (1) The state shall pay all the costs for any highway or parts of the highway designated and adopted by the department as and for a state or state and federal aid highway in the state's system of highways; provided, that a municipality may contribute sums that may be approved by its governing body to the cost. (2) No municipality shall be required to pay or enter into an agreement to pay any part of the costs. (3) However, the state's obligation for maintenance of its system of highways shall be governed by those limitations now set out by law, it being the intent of this section neither to enlarge nor to diminish present obligations for this maintenance. Acts 1929, ch. 42, § 1; Code 1932, § 3242; Acts 1947, ch. 123, § 1; C. Supp. 1950, § 3242; impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 126, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-531; Acts 1987, ch. 180, § 1.
(a) The department shall construct, reconstruct and improve streets and maintain the streets in municipalities over which traffic on state highways is routed; or enter into contracts with the municipalities in the state regarding the construction, reconstruction and improvement of streets and maintenance of the streets in municipalities over which traffic on state highways is routed, and is authorized to enter into contracts with municipalities regarding the acquisition of rights-of-way for those streets, and is authorized to expend state or federal funds, or both, in carrying out this section; provided, that where any federal funds are used in the construction or reconstruction of any street, the municipality shall first agree to comply with, and conform to, all federal and state requirements with reference to traffic regulations and street markings.
(b) (1) The state shall pay all the costs for any highway or parts of the highway designated and adopted by the department as and for a state or state and federal aid highway in the state's system of highways; provided, that a municipality may contribute sums that may be approved by its governing body to the cost. (2) No municipality shall be required to pay or enter into an agreement to pay any part of the costs. (3) However, the state's obligation for maintenance of its system of highways shall be governed by those limitations now set out by law, it being the intent of this section neither to enlarge nor to diminish present obligations for this maintenance.
(1) The state shall pay all the costs for any highway or parts of the highway designated and adopted by the department as and for a state or state and federal aid highway in the state's system of highways; provided, that a municipality may contribute sums that may be approved by its governing body to the cost.
(2) No municipality shall be required to pay or enter into an agreement to pay any part of the costs.
(3) However, the state's obligation for maintenance of its system of highways shall be governed by those limitations now set out by law, it being the intent of this section neither to enlarge nor to diminish present obligations for this maintenance.
Acts 1929, ch. 42, § 1; Code 1932, § 3242; Acts 1947, ch. 123, § 1; C. Supp. 1950, § 3242; impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 126, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-531; Acts 1987, ch. 180, § 1.
Tenn. Code Ann. § 54-21-120 — TN Code / Title 54 / Chapter 21 / Section 54-21-120
Removal of nonconforming device that is destroyed
Status: in_force

A nonconforming outdoor advertising device that is destroyed is no longer permitted and must be removed, except when the outdoor advertising device is destroyed by vandalism or some other criminal or tortious act. Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Acts 1984, ch. 850, § 2.
A nonconforming outdoor advertising device that is destroyed is no longer permitted and must be removed, except when the outdoor advertising device is destroyed by vandalism or some other criminal or tortious act.
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Acts 1984, ch. 850, § 2.
Tenn. Code Ann. § 54-4-502 — TN Code / Title 54 / Chapter 4 / Section 54-4-502
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Commissioner" means the commissioner of transportation; (2) "Department" means the department of transportation; and (3) "Local government" means any county, incorporated city or town, and metropolitan form of government, or any of them. Acts 1990, ch. 717, § 3.
As used in this part, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of transportation;
(2) "Department" means the department of transportation; and
(3) "Local government" means any county, incorporated city or town, and metropolitan form of government, or any of them.
Acts 1990, ch. 717, § 3.
Tenn. Code Ann. § 54-22-103 — TN Code / Title 54 / Chapter 22 / Section 54-22-103
Relocation of below-ground utilities and encroachments
Status: in_force

(a) (1) The state shall be responsible for the necessary removal of any below-ground utilities located entirely on the presumptive right-of-way and shall relocate the utilities on another location within the proposed right-of-way, or on other land that may be acquired. (2) The state also shall be responsible for the removal and relocation to other land that may be acquired, of other below-ground encroachments that may be accomplished reasonably and economically, if the owner or owners so elect; but encroachments that the owner or owners do not elect to have removed and relocated, after reasonable notice, as encroachments that cannot reasonably or economically be removed, may be disposed of summarily. (b) (1) Those parts of any below-ground utilities located partially on the presumptive right-of-way and necessary to be removed, may be removed and relocated by the state on another location within the proposed right-of-way or on other land that may be acquired unless the owner or owners elect, after reasonable notice, to remove and relocate the remainder located within the existing right-of-way between the limits of the proposed improvement and pro-rate the cost of their entire removal and relocation. (2) Those parts of other below-ground encroachments may be removed by the state to the extent they encroach, unless the owner or owners elect, after reasonable notice, to remove the remainder and pro-rate the cost of their entire removal. Acts 1985, ch. 265, §§ 4, 5.
(a) (1) The state shall be responsible for the necessary removal of any below-ground utilities located entirely on the presumptive right-of-way and shall relocate the utilities on another location within the proposed right-of-way, or on other land that may be acquired. (2) The state also shall be responsible for the removal and relocation to other land that may be acquired, of other below-ground encroachments that may be accomplished reasonably and economically, if the owner or owners so elect; but encroachments that the owner or owners do not elect to have removed and relocated, after reasonable notice, as encroachments that cannot reasonably or economically be removed, may be disposed of summarily.
(1) The state shall be responsible for the necessary removal of any below-ground utilities located entirely on the presumptive right-of-way and shall relocate the utilities on another location within the proposed right-of-way, or on other land that may be acquired.
(2) The state also shall be responsible for the removal and relocation to other land that may be acquired, of other below-ground encroachments that may be accomplished reasonably and economically, if the owner or owners so elect; but encroachments that the owner or owners do not elect to have removed and relocated, after reasonable notice, as encroachments that cannot reasonably or economically be removed, may be disposed of summarily.
(b) (1) Those parts of any below-ground utilities located partially on the presumptive right-of-way and necessary to be removed, may be removed and relocated by the state on another location within the proposed right-of-way or on other land that may be acquired unless the owner or owners elect, after reasonable notice, to remove and relocate the remainder located within the existing right-of-way between the limits of the proposed improvement and pro-rate the cost of their entire removal and relocation. (2) Those parts of other below-ground encroachments may be removed by the state to the extent they encroach, unless the owner or owners elect, after reasonable notice, to remove the remainder and pro-rate the cost of their entire removal.
(1) Those parts of any below-ground utilities located partially on the presumptive right-of-way and necessary to be removed, may be removed and relocated by the state on another location within the proposed right-of-way or on other land that may be acquired unless the owner or owners elect, after reasonable notice, to remove and relocate the remainder located within the existing right-of-way between the limits of the proposed improvement and pro-rate the cost of their entire removal and relocation.
(2) Those parts of other below-ground encroachments may be removed by the state to the extent they encroach, unless the owner or owners elect, after reasonable notice, to remove the remainder and pro-rate the cost of their entire removal.
Acts 1985, ch. 265, §§ 4, 5.
Tenn. Code Ann. § 54-12-116 — TN Code / Title 54 / Chapter 12 / Section 54-12-116
Contributions or donations of preliminary expenses or parts of expenses without requiring refund
Status: in_force

(a) The county legislative body shall have the right to contribute, out of the general county fund, an amount it sees fit to be used in the payment of the preliminary expenses, without requiring the amount to be paid back or refunded to the county. (b) Where any county has previously, by order of the county legislative body, advanced or paid any of the preliminary expenses, the county legislative body may, if it sees fit, by proper order, donate the amount, or any part of the amount, and not require the amount so donated or contributed to be paid back or refunded to the county. Acts 1919, ch. 193, § 116; Shan. Supp., § 1682a130; Code 1932, § 2945; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1316.
(a) The county legislative body shall have the right to contribute, out of the general county fund, an amount it sees fit to be used in the payment of the preliminary expenses, without requiring the amount to be paid back or refunded to the county.
(b) Where any county has previously, by order of the county legislative body, advanced or paid any of the preliminary expenses, the county legislative body may, if it sees fit, by proper order, donate the amount, or any part of the amount, and not require the amount so donated or contributed to be paid back or refunded to the county.
Acts 1919, ch. 193, § 116; Shan. Supp., § 1682a130; Code 1932, § 2945; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1316.
Tenn. Code Ann. § 54-6-118 — TN Code / Title 54 / Chapter 6 / Section 54-6-118
Powers and jurisdiction of law enforcement officers - Access to transportation facility
Status: in_force

All law enforcement officers of the state and of each affected jurisdiction, shall have the same powers and jurisdiction within the limits of the qualifying transportation facility as are authorized in such respective areas of jurisdiction and such law enforcement officers shall have access to the qualifying transportation facility at any time for the purpose of exercising such powers and jurisdiction. This authority does not extend to the private offices, buildings, garages, and other improvements of the eligible private entity to any greater degree than the police power extends to any other private buildings and improvements. Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
All law enforcement officers of the state and of each affected jurisdiction, shall have the same powers and jurisdiction within the limits of the qualifying transportation facility as are authorized in such respective areas of jurisdiction and such law enforcement officers shall have access to the qualifying transportation facility at any time for the purpose of exercising such powers and jurisdiction. This authority does not extend to the private offices, buildings, garages, and other improvements of the eligible private entity to any greater degree than the police power extends to any other private buildings and improvements.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-12-208 — TN Code / Title 54 / Chapter 12 / Section 54-12-208
Assessment made without notice
Status: in_force

The assessment may be made without notice, just as taxes are assessed without notice in such cases. Acts 1919, ch. 193, § 49; Shan. Supp., § 1682a62; Code 1932, § 2876; T.C.A. (orig. ed.), § 54-1408.
The assessment may be made without notice, just as taxes are assessed without notice in such cases.
Acts 1919, ch. 193, § 49; Shan. Supp., § 1682a62; Code 1932, § 2876; T.C.A. (orig. ed.), § 54-1408.
Tenn. Code Ann. § 54-12-138 — TN Code / Title 54 / Chapter 12 / Section 54-12-138
Report of viewers to be filed promptly - Others appointed upon failure to act
Status: in_force

The report of the viewers shall be filed as soon as practicable, and if any of them fails or refuses to act, for any reason, or they do not proceed to act with promptness, the monthly county court may appoint others as viewers in the place of any or all of them. Acts 1919, ch. 193, § 28; Shan. Supp., § 1682a39; Code 1932, § 2853; modified; T.C.A. (orig. ed.), § 54-1338.
The report of the viewers shall be filed as soon as practicable, and if any of them fails or refuses to act, for any reason, or they do not proceed to act with promptness, the monthly county court may appoint others as viewers in the place of any or all of them.
Acts 1919, ch. 193, § 28; Shan. Supp., § 1682a39; Code 1932, § 2853; modified; T.C.A. (orig. ed.), § 54-1338.
Tenn. Code Ann. § 54-7-112 — TN Code / Title 54 / Chapter 7 / Section 54-7-112
Safeguarding and inventory of machinery and equipment - Enforcement
Status: in_force

(a) The chief administrative officer has supervision and control over and is responsible for all the machinery, equipment, tools, supplies and materials owned or used by the county in the construction, reconstruction, repair and maintenance of the county roads and bridges. The chief administrative officer shall make or cause to be made a complete inventory of all machinery, equipment, tools, supplies, and materials, and file copies of the complete inventory with the county governing body, and the chief executive officer of the county within sixty (60) days after taking office, and thereafter a revised current inventory shall be submitted effective July 1 of each year. The revised inventory shall be submitted by September 1 of each year. (b) All machinery, equipment and tools shall be plainly marked as the property of the county road department and each item shall be numbered and the number entered on the inventory filed by the chief administrative officer. It is the duty of the chief executive officer of the county to examine the inventories for compliance with this subsection (b), and upon the chief executive officer's determination that the inventory does not comply with the requirements of this chapter, the chief executive officer shall cause to be withheld from the chief administrative officer any funds due the chief administrative officer until the chief administrative officer complies with this subsection (b). (c) The inventory filed by the chief administrative officer shall be maintained and made available to the comptroller of the treasury for audit purposes. Acts 1974, ch. 738, § 11; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 54-1012; Acts 1980, ch. 473, § 1; 1995, ch. 179, §§ 16, 17.
(a) The chief administrative officer has supervision and control over and is responsible for all the machinery, equipment, tools, supplies and materials owned or used by the county in the construction, reconstruction, repair and maintenance of the county roads and bridges. The chief administrative officer shall make or cause to be made a complete inventory of all machinery, equipment, tools, supplies, and materials, and file copies of the complete inventory with the county governing body, and the chief executive officer of the county within sixty (60) days after taking office, and thereafter a revised current inventory shall be submitted effective July 1 of each year. The revised inventory shall be submitted by September 1 of each year.
(b) All machinery, equipment and tools shall be plainly marked as the property of the county road department and each item shall be numbered and the number entered on the inventory filed by the chief administrative officer. It is the duty of the chief executive officer of the county to examine the inventories for compliance with this subsection (b), and upon the chief executive officer's determination that the inventory does not comply with the requirements of this chapter, the chief executive officer shall cause to be withheld from the chief administrative officer any funds due the chief administrative officer until the chief administrative officer complies with this subsection (b).
(c) The inventory filed by the chief administrative officer shall be maintained and made available to the comptroller of the treasury for audit purposes.
Acts 1974, ch. 738, § 11; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 54-1012; Acts 1980, ch. 473, § 1; 1995, ch. 179, §§ 16, 17.
Tenn. Code Ann. § 54-4-503 — TN Code / Title 54 / Chapter 4 / Section 54-4-503
Purpose
Status: in_force

The general assembly finds and declares it to be in the vital interest of the state that a highway bridge replacement and rehabilitation program be established to enable the local governments to replace or rehabilitate certain bridges within their respective jurisdictions when the commissioner finds that a bridge is structurally deficient or functionally obsolete. Acts 1990, ch. 717, § 4.
The general assembly finds and declares it to be in the vital interest of the state that a highway bridge replacement and rehabilitation program be established to enable the local governments to replace or rehabilitate certain bridges within their respective jurisdictions when the commissioner finds that a bridge is structurally deficient or functionally obsolete.
Acts 1990, ch. 717, § 4.
Tenn. Code Ann. § 54-1-601 — TN Code / Title 54 / Chapter 1 / Section 54-1-601
Part definitions
Status: in_force

As used in this part, "alternative delivery contracts" means: (1) Design-build contracts, as defined in § 54-1-119(a)(1) ; (2) Contracts using the construction manager/general contractor method, as defined in § 54-1-502 ; and (3) Contracts using the progressive design-build method, as defined in § 54-1-502 . Added by 2023 Tenn. Acts, ch. 159, s 31, eff. 4/17/2023.
As used in this part, "alternative delivery contracts" means:
(1) Design-build contracts, as defined in § 54-1-119(a)(1) ;
(2) Contracts using the construction manager/general contractor method, as defined in § 54-1-502 ; and
(3) Contracts using the progressive design-build method, as defined in § 54-1-502 .
Added by 2023 Tenn. Acts, ch. 159, s 31, eff. 4/17/2023.
Tenn. Code Ann. § 54-5-1301 — TN Code / Title 54 / Chapter 5 / Section 54-5-1301
Establishment of program - Contracts
Status: in_force

(a) (1) The department of transportation is authorized to conduct a tourist oriented directional signs program, referred to as TODS, within the right-of-way of state highways by either the entry into administrative service and construction contracts or by the administration of the program with department personnel, at the option of the department. (2) Contracts for administrative and construction services shall be subject to [former] §§ 12-4-109 - 12-4-111 [See the Compiler's Notes]. Contracts for administrative or construction services shall include provisions requiring appropriate corporate surety performance bond, security or cash. Contracts for the services shall be awarded based on an objective, competitive bid basis to the lowest responsible bidder. (3) Should the commissioner determine that it is in the best interest of the state for the department to conduct the program set forth in this part through the award of an administrative service or construction contract or contracts, the scope of the services provided by the contracts shall be at the discretion of the commissioner. (b) TODS shall be available to lawful cultural, historical, recreational, agricultural, educational, or entertaining activities, state and national parks, and commercial activities that are unique and local in nature, and the major portion of whose income or visitors are derived during its normal business season from motorists not residing in the immediate area of the activity. (c) Notwithstanding this chapter or any other law to the contrary, the department shall have sole and exclusive jurisdiction over the design, erection, installation, and maintenance of tourist oriented directional signs ("TODS signs") located within the right-of-way of any highway designated as part of the state highway system, including TODS signs within the corporate limits of municipalities. (d) As used in this part, "tourist oriented directional signs" or "TODS signs" refer only to the specific category of guide signs authorized in the Manual on Uniform Traffic Control Devices for use on rural conventional roads to display business identification and directional information for eligible tourist-oriented facilities. TODS signs do not include specific service signs as authorized in part 11 of this chapter, community wayfinding signs, or other types of guide signs authorized in the Manual on Uniform Traffic Control Devices. Amended by 2016 Tenn. Acts, ch. 892, s 1, eff. 4/27/2016. Acts 1993, ch. 505, § 2; 1995, ch. 518, § 2.
(a) (1) The department of transportation is authorized to conduct a tourist oriented directional signs program, referred to as TODS, within the right-of-way of state highways by either the entry into administrative service and construction contracts or by the administration of the program with department personnel, at the option of the department. (2) Contracts for administrative and construction services shall be subject to [former] §§ 12-4-109 - 12-4-111 [See the Compiler's Notes]. Contracts for administrative or construction services shall include provisions requiring appropriate corporate surety performance bond, security or cash. Contracts for the services shall be awarded based on an objective, competitive bid basis to the lowest responsible bidder. (3) Should the commissioner determine that it is in the best interest of the state for the department to conduct the program set forth in this part through the award of an administrative service or construction contract or contracts, the scope of the services provided by the contracts shall be at the discretion of the commissioner.
(1) The department of transportation is authorized to conduct a tourist oriented directional signs program, referred to as TODS, within the right-of-way of state highways by either the entry into administrative service and construction contracts or by the administration of the program with department personnel, at the option of the department.
(2) Contracts for administrative and construction services shall be subject to [former] §§ 12-4-109 - 12-4-111 [See the Compiler's Notes]. Contracts for administrative or construction services shall include provisions requiring appropriate corporate surety performance bond, security or cash. Contracts for the services shall be awarded based on an objective, competitive bid basis to the lowest responsible bidder.
(3) Should the commissioner determine that it is in the best interest of the state for the department to conduct the program set forth in this part through the award of an administrative service or construction contract or contracts, the scope of the services provided by the contracts shall be at the discretion of the commissioner.
(b) TODS shall be available to lawful cultural, historical, recreational, agricultural, educational, or entertaining activities, state and national parks, and commercial activities that are unique and local in nature, and the major portion of whose income or visitors are derived during its normal business season from motorists not residing in the immediate area of the activity.
(c) Notwithstanding this chapter or any other law to the contrary, the department shall have sole and exclusive jurisdiction over the design, erection, installation, and maintenance of tourist oriented directional signs ("TODS signs") located within the right-of-way of any highway designated as part of the state highway system, including TODS signs within the corporate limits of municipalities.
(d) As used in this part, "tourist oriented directional signs" or "TODS signs" refer only to the specific category of guide signs authorized in the Manual on Uniform Traffic Control Devices for use on rural conventional roads to display business identification and directional information for eligible tourist-oriented facilities. TODS signs do not include specific service signs as authorized in part 11 of this chapter, community wayfinding signs, or other types of guide signs authorized in the Manual on Uniform Traffic Control Devices.
Amended by 2016 Tenn. Acts, ch. 892, s 1, eff. 4/27/2016.
Acts 1993, ch. 505, § 2; 1995, ch. 518, § 2.
Tenn. Code Ann. § 54-10-203 — TN Code / Title 54 / Chapter 10 / Section 54-10-203
Nonresident landowners notified
Status: in_force

If any owner of the land affected by the opening, changing, or closing of a public highway is a nonresident, then notice to the owner's agent or attorney, if the owner's agent or attorney resides in the county, shall be sufficient. If there is no such agent or attorney, then the notice shall be made by publication for four (4) consecutive weeks in the newspaper having the greatest circulation in the county, the last publication to be at least one (1) week before the hearing. Acts 1891, ch. 1, § 14; Shan., § 1622; Code 1932, § 2732; T.C.A. (orig. ed.), § 54-907.
If any owner of the land affected by the opening, changing, or closing of a public highway is a nonresident, then notice to the owner's agent or attorney, if the owner's agent or attorney resides in the county, shall be sufficient. If there is no such agent or attorney, then the notice shall be made by publication for four (4) consecutive weeks in the newspaper having the greatest circulation in the county, the last publication to be at least one (1) week before the hearing.
Acts 1891, ch. 1, § 14; Shan., § 1622; Code 1932, § 2732; T.C.A. (orig. ed.), § 54-907.
Tenn. Code Ann. § 54-3-103 — TN Code / Title 54 / Chapter 3 / Section 54-3-103
Chapter definitions
Status: in_force

As used in this chapter: (1) "Ancillary agreements" means contracts or agreements facilitating the issuance and sale of bonds, including contracts or agreements providing for liquidity and credit enhancement and reimbursement agreements relating to the contracts or agreements providing for liquidity and credit enhancement; (2) "Availability payments" means payments by a public entity to a private entity in connection with the development, maintenance, or operation of a user fee facility pursuant to a franchise agreement, concession agreement, or a combination of those agreements; (3) "Bonds" means bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, debentures, warrants, commercial paper, or other obligations or other evidence of indebtedness or evidence of borrowed money issued or entered into by or on behalf of the department to finance user fee facility projects; (4) "Commissioner" means the commissioner of transportation; (5) "Concession agreement" means an agreement between a public entity and a private entity, or a consortium of private entities, under which the private entity or consortium accepts responsibility for the design, construction, financing, operation, or maintenance of a user fee facility for a period of years, collects revenues from the user fee facility for that period, and accepts the risk of revenues being sufficient to support the private entity's or consortium's capital, operations, and maintenance costs for the user fee facility; (6) "Department" means the department of transportation; (7) "Develop" or "development" means a portion of the process of bringing a user fee facility project to completion, including, but not limited to, planning, feasibility analysis, environmental evaluation, preliminary engineering, design, acquisition of rights-of-way, relocation of utilities, permitting, environmental mitigation, contracting, funding, and construction; (8) "Facility" means a highway, bridge, tunnel, parking lot or garage, or other paved surface or structure that is designed to carry or contain land transportation vehicles, or another transportation-related facility; (9) "Franchise agreement" means an agreement between a public entity and a private entity, or a consortium of private entities, under which the private entity or consortium accepts responsibility for the design, construction, operation, or maintenance of a user fee facility for a period of years in exchange for payment from the public entity, which may include, but is not limited to, periodic availability payments from the public entity; (10) "General purpose lane" means a traffic lane other than a high occupancy vehicle lane or other managed lane that is available for use by motorists without the payment of a user fee; (11) "Hedging agreements" means interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings, or both, and other interest rate hedging agreements relating to bonds; (12) "High occupancy user fee lane" means a high occupancy vehicle lane that may be used by an operator of a vehicle carrying fewer than the number of persons specified for the high occupancy vehicle lane if the operator pays a user fee; (13) "High occupancy vehicle lane" or "HOV lane" has the same meaning as defined in § 55-8-188 ; (14) "Managed lane" means a highway lane where operational strategies are proactively implemented and operated in response to changing traffic conditions, including, but not limited to, a user fee lane, high occupancy vehicle lane, or high occupancy user fee lane; (15) "Open road user fee system" means a system for the collection of user fees via electronic means without the use of physical payment booths; (16) "Operate" or "operation" means activity associated with the management, operation, and maintenance of a completed user fee project, including, but not limited to, collecting user fees; installing, repairing, or replacing equipment; maintaining, repairing, or improving the user fee facility; paying debt service on bonds, amounts payable under hedging agreements and ancillary agreements and other costs related thereto; paying salaries, benefits, and other costs of employees or employment necessary to the operation of the user fee facility, including the collection of user fees using an open road user fee system or other means and the payment of costs of operation and debt service; contracting or administering contracts related to any such activity; and funding or financing any such activity; (17) "State funding board" means the state funding board established in § 9-9-101 ; (18) "State user fee fund" or "fund" means each separate fund established in this chapter, or all such funds, as the context may require, and includes accounts and subaccounts in the fund or funds; (19) "Transportation modernization board" or "board" means the board established in this chapter; (20) "User fee" means a fee or charge for the use of a user fee facility; (21) "User fee facility" means a facility where the development or operation of the facility is wholly or partially funded with user fees; (22) "User fee facility development agreement": (A) Means a contractual agreement between the department and a local governmental entity, other public entity, or a private entity that provides for the development, construction, reconstruction, financing, acquisition, maintenance, or operation of a user fee facility, or a combination thereof; and (B) Includes, but is not limited to: (i) Preliminary development agreements; (ii) Design or construction agreements; (iii) Operation or maintenance service agreements; (iv) Franchise agreements, concession agreements, or a combination of those agreements; (v) Agreements for the enforcement of user fees; and (vi) Agreements between the department and a local governmental entity or other public entity to participate jointly in any of the agreements in this subdivision (22)(B); (23) "User fee facility project" means a capital project involving the development or operation of a user fee facility; (24) "User fee lane" means a highway lane that may be used by an operator of a vehicle if the operator pays a user fee; and (25) "User fee revenue" means revenues or moneys received from the collection of user fees; from a lease, concession, franchise, license, or other agreement for the right to operate all or part of a user fee facility or an appurtenant facility; and other revenues or moneys received from the operation of a user fee facility. Amended by 2023 Tenn. Acts, ch. 159, s 18, eff. 4/17/2023. Acts 2007 , ch. 597, § 4.
As used in this chapter:
(1) "Ancillary agreements" means contracts or agreements facilitating the issuance and sale of bonds, including contracts or agreements providing for liquidity and credit enhancement and reimbursement agreements relating to the contracts or agreements providing for liquidity and credit enhancement;
(2) "Availability payments" means payments by a public entity to a private entity in connection with the development, maintenance, or operation of a user fee facility pursuant to a franchise agreement, concession agreement, or a combination of those agreements;
(3) "Bonds" means bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, debentures, warrants, commercial paper, or other obligations or other evidence of indebtedness or evidence of borrowed money issued or entered into by or on behalf of the department to finance user fee facility projects;
(4) "Commissioner" means the commissioner of transportation;
(5) "Concession agreement" means an agreement between a public entity and a private entity, or a consortium of private entities, under which the private entity or consortium accepts responsibility for the design, construction, financing, operation, or maintenance of a user fee facility for a period of years, collects revenues from the user fee facility for that period, and accepts the risk of revenues being sufficient to support the private entity's or consortium's capital, operations, and maintenance costs for the user fee facility;
(6) "Department" means the department of transportation;
(7) "Develop" or "development" means a portion of the process of bringing a user fee facility project to completion, including, but not limited to, planning, feasibility analysis, environmental evaluation, preliminary engineering, design, acquisition of rights-of-way, relocation of utilities, permitting, environmental mitigation, contracting, funding, and construction;
(8) "Facility" means a highway, bridge, tunnel, parking lot or garage, or other paved surface or structure that is designed to carry or contain land transportation vehicles, or another transportation-related facility;
(9) "Franchise agreement" means an agreement between a public entity and a private entity, or a consortium of private entities, under which the private entity or consortium accepts responsibility for the design, construction, operation, or maintenance of a user fee facility for a period of years in exchange for payment from the public entity, which may include, but is not limited to, periodic availability payments from the public entity;
(10) "General purpose lane" means a traffic lane other than a high occupancy vehicle lane or other managed lane that is available for use by motorists without the payment of a user fee;
(11) "Hedging agreements" means interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings, or both, and other interest rate hedging agreements relating to bonds;
(12) "High occupancy user fee lane" means a high occupancy vehicle lane that may be used by an operator of a vehicle carrying fewer than the number of persons specified for the high occupancy vehicle lane if the operator pays a user fee;
(13) "High occupancy vehicle lane" or "HOV lane" has the same meaning as defined in § 55-8-188 ;
(14) "Managed lane" means a highway lane where operational strategies are proactively implemented and operated in response to changing traffic conditions, including, but not limited to, a user fee lane, high occupancy vehicle lane, or high occupancy user fee lane;
(15) "Open road user fee system" means a system for the collection of user fees via electronic means without the use of physical payment booths;
(16) "Operate" or "operation" means activity associated with the management, operation, and maintenance of a completed user fee project, including, but not limited to, collecting user fees; installing, repairing, or replacing equipment; maintaining, repairing, or improving the user fee facility; paying debt service on bonds, amounts payable under hedging agreements and ancillary agreements and other costs related thereto; paying salaries, benefits, and other costs of employees or employment necessary to the operation of the user fee facility, including the collection of user fees using an open road user fee system or other means and the payment of costs of operation and debt service; contracting or administering contracts related to any such activity; and funding or financing any such activity;
(17) "State funding board" means the state funding board established in § 9-9-101 ;
(18) "State user fee fund" or "fund" means each separate fund established in this chapter, or all such funds, as the context may require, and includes accounts and subaccounts in the fund or funds;
(19) "Transportation modernization board" or "board" means the board established in this chapter;
(20) "User fee" means a fee or charge for the use of a user fee facility;
(21) "User fee facility" means a facility where the development or operation of the facility is wholly or partially funded with user fees;
(22) "User fee facility development agreement": (A) Means a contractual agreement between the department and a local governmental entity, other public entity, or a private entity that provides for the development, construction, reconstruction, financing, acquisition, maintenance, or operation of a user fee facility, or a combination thereof; and (B) Includes, but is not limited to: (i) Preliminary development agreements; (ii) Design or construction agreements; (iii) Operation or maintenance service agreements; (iv) Franchise agreements, concession agreements, or a combination of those agreements; (v) Agreements for the enforcement of user fees; and (vi) Agreements between the department and a local governmental entity or other public entity to participate jointly in any of the agreements in this subdivision (22)(B);
(A) Means a contractual agreement between the department and a local governmental entity, other public entity, or a private entity that provides for the development, construction, reconstruction, financing, acquisition, maintenance, or operation of a user fee facility, or a combination thereof; and
(B) Includes, but is not limited to: (i) Preliminary development agreements; (ii) Design or construction agreements; (iii) Operation or maintenance service agreements; (iv) Franchise agreements, concession agreements, or a combination of those agreements; (v) Agreements for the enforcement of user fees; and (vi) Agreements between the department and a local governmental entity or other public entity to participate jointly in any of the agreements in this subdivision (22)(B);
(i) Preliminary development agreements;
(ii) Design or construction agreements;
(iii) Operation or maintenance service agreements;
(iv) Franchise agreements, concession agreements, or a combination of those agreements;
(v) Agreements for the enforcement of user fees; and
(vi) Agreements between the department and a local governmental entity or other public entity to participate jointly in any of the agreements in this subdivision (22)(B);
(23) "User fee facility project" means a capital project involving the development or operation of a user fee facility;
(24) "User fee lane" means a highway lane that may be used by an operator of a vehicle if the operator pays a user fee; and
(25) "User fee revenue" means revenues or moneys received from the collection of user fees; from a lease, concession, franchise, license, or other agreement for the right to operate all or part of a user fee facility or an appurtenant facility; and other revenues or moneys received from the operation of a user fee facility.
Amended by 2023 Tenn. Acts, ch. 159, s 18, eff. 4/17/2023.
Acts 2007 , ch. 597, § 4.
Tenn. Code Ann. § 54-3-108 — TN Code / Title 54 / Chapter 3 / Section 54-3-108
Traffic laws - Failure to pay user fee
Status: in_force

(a) The traffic laws of this state, including the applicable traffic laws of a municipality through which a user fee facility passes, and user fees and use restrictions established by the commissioner, govern the use of a user fee facility authorized under this chapter. State and local law enforcement authorities may enforce the traffic laws and use restrictions. (b) Except as provided in subsection (c), the operator of a vehicle that is driven through a user fee facility shall pay the user fee as established under this chapter. (c) The following vehicles are exempt from payment of a user fee: (1) Law enforcement or other authorized emergency vehicles as defined by § 55-8-101 , regardless of whether the vehicle is responding to an emergency or displaying a flashing light; (2) Multiple-passenger vehicles operated by a public transit authority; and (3) On a high occupancy user fee lane, vehicles that have been authorized to use an HOV lane free of charge during the time period specified for HOV use. (d) The department may, subject to approval of the board, prohibit certain classes of vehicles from operating in a user fee facility through the posting of appropriate signage, wherever the department determines, on the basis of an engineering and traffic investigation that the presence of those vehicles impairs the safe or efficient operation of the user fee facility. (e) A person who uses a user fee facility and fails to pay the user fee within ninety (90) days of the person's notice of nonpayment under § 54-3-114 , or a person who operates a prohibited vehicle on a user fee facility, commits a Class C misdemeanor and is subject to a fine of not more than fifty dollars ($50.00). Amended by 2023 Tenn. Acts, ch. 159, s 24, eff. 4/17/2023. Acts 2007 , ch. 597, § 9.
(a) The traffic laws of this state, including the applicable traffic laws of a municipality through which a user fee facility passes, and user fees and use restrictions established by the commissioner, govern the use of a user fee facility authorized under this chapter. State and local law enforcement authorities may enforce the traffic laws and use restrictions.
(b) Except as provided in subsection (c), the operator of a vehicle that is driven through a user fee facility shall pay the user fee as established under this chapter.
(c) The following vehicles are exempt from payment of a user fee: (1) Law enforcement or other authorized emergency vehicles as defined by § 55-8-101 , regardless of whether the vehicle is responding to an emergency or displaying a flashing light; (2) Multiple-passenger vehicles operated by a public transit authority; and (3) On a high occupancy user fee lane, vehicles that have been authorized to use an HOV lane free of charge during the time period specified for HOV use.
(1) Law enforcement or other authorized emergency vehicles as defined by § 55-8-101 , regardless of whether the vehicle is responding to an emergency or displaying a flashing light;
(2) Multiple-passenger vehicles operated by a public transit authority; and
(3) On a high occupancy user fee lane, vehicles that have been authorized to use an HOV lane free of charge during the time period specified for HOV use.
(d) The department may, subject to approval of the board, prohibit certain classes of vehicles from operating in a user fee facility through the posting of appropriate signage, wherever the department determines, on the basis of an engineering and traffic investigation that the presence of those vehicles impairs the safe or efficient operation of the user fee facility.
(e) A person who uses a user fee facility and fails to pay the user fee within ninety (90) days of the person's notice of nonpayment under § 54-3-114 , or a person who operates a prohibited vehicle on a user fee facility, commits a Class C misdemeanor and is subject to a fine of not more than fifty dollars ($50.00).
Amended by 2023 Tenn. Acts, ch. 159, s 24, eff. 4/17/2023.
Acts 2007 , ch. 597, § 9.
Tenn. Code Ann. § 54-10-102 — TN Code / Title 54 / Chapter 10 / Section 54-10-102
Power of county legislative body
Status: in_force

The county legislative body has the power to build, repair, and maintain bridges and highways, and pay for the building, repair, and maintenance of bridges and highways out of general county funds, and, through commissioners and a superintendent of the county jail or workhouse, has the power to work certain inmates upon any public highway, with the aid and superintendence of the local commissioner and overseer, or independently of them. Acts 1891, ch. 1, § 44; Shan., § 1707; mod. Code 1932, § 3016; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-902.
The county legislative body has the power to build, repair, and maintain bridges and highways, and pay for the building, repair, and maintenance of bridges and highways out of general county funds, and, through commissioners and a superintendent of the county jail or workhouse, has the power to work certain inmates upon any public highway, with the aid and superintendence of the local commissioner and overseer, or independently of them.
Acts 1891, ch. 1, § 44; Shan., § 1707; mod. Code 1932, § 3016; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-902.
Tenn. Code Ann. § 54-5-112 — TN Code / Title 54 / Chapter 5 / Section 54-5-112
County legislative bodies must authorize payment by counties
Status: in_force

No county is to have entered into an agreement to cooperate with the department upon any state or state and federal aid highway project unless the agreement is first authorized by resolution of the county legislative body regularly adopted upon and after submittal to that body by the department of a proposal for the project in proper form, setting forth in detail the proposed improvement with location and routing, the landowners and their respective properties in areas and improvements affected by the project, and, if required, the approximate damages and costs of the project. Acts 1931, ch. 57, § 3; C. Supp. 1950, § 3178.2 (Williams, § 3178.3); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-512; Acts 1981, ch. 264, § 12.
No county is to have entered into an agreement to cooperate with the department upon any state or state and federal aid highway project unless the agreement is first authorized by resolution of the county legislative body regularly adopted upon and after submittal to that body by the department of a proposal for the project in proper form, setting forth in detail the proposed improvement with location and routing, the landowners and their respective properties in areas and improvements affected by the project, and, if required, the approximate damages and costs of the project.
Acts 1931, ch. 57, § 3; C. Supp. 1950, § 3178.2 (Williams, § 3178.3); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-512; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-17-103 — TN Code / Title 54 / Chapter 17 / Section 54-17-103
Chapter definitions
Status: in_force

In this chapter, unless the context otherwise requires: (1) "Advertise" means to establish an outdoor display by painting, pasting, or affixing on any surface, a picture, emblem, word, figure, numeral, or lettering for the purpose of making anything known; (2) "Directional sign" means an official sign that identifies a site, attraction, or activity and directional information useful to a traveler in locating the site, attraction, or activity, including mileage, route numbers, or exit numbers; (3) "Facility" means a commercial or industrial facility, or other facility open to the public, that operates with regular business hours on a year-round basis within a building or defined physical space, which may include a structure other than a building, together with any immediately adjacent parking areas; provided, that activity conducted in a temporary structure or a structure operated only on a seasonal basis may be considered a facility for the purpose of allowing an on-premises device to be located on the same property, but the device is only allowed on a temporary basis during the period the facility is actually conducting activity; (4) "On-premises device" means a sign: (A) That is located within fifty feet (50') of, and on the same parcel of property and on the same side of the highway as, the facility that owns or operates the sign or within fifty feet (50') of, and on the same parcel of property and on the same side of the highway as, the entrance to the parcel of property upon which two (2) or more facilities are located; and (B) For which compensation is not being received and not intended to be received; (5) "Outdoor advertising device": (A) Means a sign that is operated or owned by a person or entity that is earning compensation directly or indirectly from a third party or parties for the placement of a message on the sign; and (B) Does not include a sign that is an on-premises device or other type of sign exempt from regulation under this chapter; (6) "Scenic highway" means any highway, road, or sections of the highway or road designated as a scenic highway from time to time by the general assembly under this part; and (7) "Sign" means an outdoor sign, light, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform any part of the advertising or informative contents of which is visible from any place on the main traveled way of an interstate system or primary system. Amended by 2020 Tenn. Acts, ch. 706, s 1, eff. 6/22/2020. Acts 1971, ch. 431, § 3; 1976, ch. 819, § 2; modified; T.C.A., § 54-2503.
In this chapter, unless the context otherwise requires:
(1) "Advertise" means to establish an outdoor display by painting, pasting, or affixing on any surface, a picture, emblem, word, figure, numeral, or lettering for the purpose of making anything known;
(2) "Directional sign" means an official sign that identifies a site, attraction, or activity and directional information useful to a traveler in locating the site, attraction, or activity, including mileage, route numbers, or exit numbers;
(3) "Facility" means a commercial or industrial facility, or other facility open to the public, that operates with regular business hours on a year-round basis within a building or defined physical space, which may include a structure other than a building, together with any immediately adjacent parking areas; provided, that activity conducted in a temporary structure or a structure operated only on a seasonal basis may be considered a facility for the purpose of allowing an on-premises device to be located on the same property, but the device is only allowed on a temporary basis during the period the facility is actually conducting activity;
(4) "On-premises device" means a sign: (A) That is located within fifty feet (50') of, and on the same parcel of property and on the same side of the highway as, the facility that owns or operates the sign or within fifty feet (50') of, and on the same parcel of property and on the same side of the highway as, the entrance to the parcel of property upon which two (2) or more facilities are located; and (B) For which compensation is not being received and not intended to be received;
(A) That is located within fifty feet (50') of, and on the same parcel of property and on the same side of the highway as, the facility that owns or operates the sign or within fifty feet (50') of, and on the same parcel of property and on the same side of the highway as, the entrance to the parcel of property upon which two (2) or more facilities are located; and
(B) For which compensation is not being received and not intended to be received;
(5) "Outdoor advertising device": (A) Means a sign that is operated or owned by a person or entity that is earning compensation directly or indirectly from a third party or parties for the placement of a message on the sign; and (B) Does not include a sign that is an on-premises device or other type of sign exempt from regulation under this chapter;
(A) Means a sign that is operated or owned by a person or entity that is earning compensation directly or indirectly from a third party or parties for the placement of a message on the sign; and
(B) Does not include a sign that is an on-premises device or other type of sign exempt from regulation under this chapter;
(6) "Scenic highway" means any highway, road, or sections of the highway or road designated as a scenic highway from time to time by the general assembly under this part; and
(7) "Sign" means an outdoor sign, light, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform any part of the advertising or informative contents of which is visible from any place on the main traveled way of an interstate system or primary system.
Amended by 2020 Tenn. Acts, ch. 706, s 1, eff. 6/22/2020.
Acts 1971, ch. 431, § 3; 1976, ch. 819, § 2; modified; T.C.A., § 54-2503.
Tenn. Code Ann. § 54-10-106 — TN Code / Title 54 / Chapter 10 / Section 54-10-106
Report of acts and recommendations
Status: in_force

The commission shall make a full report of its acts and recommendations to the county legislative body quarterly, attaching to the report maps, charts, plans, and specifications, itemized and showing in detail the estimated costs of the proposed improvements. Acts 1891, ch. 211, § 2; Shan., § 1687; Code 1932, § 2960; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-921.
The commission shall make a full report of its acts and recommendations to the county legislative body quarterly, attaching to the report maps, charts, plans, and specifications, itemized and showing in detail the estimated costs of the proposed improvements.
Acts 1891, ch. 211, § 2; Shan., § 1687; Code 1932, § 2960; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-921.
Tenn. Code Ann. § 54-18-213 — TN Code / Title 54 / Chapter 18 / Section 54-18-213
Notice and hearing on permit application
Status: in_force

(a) Before issuing a permit, the board shall hold a public hearing on each application, proper notice of the time and place of which shall be given by fifteen (15) days' notice to the applicant by mail at the address specified in the application and to other interested persons by publication for at least one (1) day in a newspaper of general circulation in the county or municipality. (b) Notice also shall be given to the chief executive officer on all matters involving the official map and to the commissioner on those matters involving state or federal highways on the official map. (c) The board shall act upon an application for a permit within forty (40) days of its receipt by the board. Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 251, § 11; impl. am. Acts 1972, ch. 829, § 7; T.C.A., §§ 54-2213, 54-19-113; Acts 1981, ch. 264, § 12.
(a) Before issuing a permit, the board shall hold a public hearing on each application, proper notice of the time and place of which shall be given by fifteen (15) days' notice to the applicant by mail at the address specified in the application and to other interested persons by publication for at least one (1) day in a newspaper of general circulation in the county or municipality.
(b) Notice also shall be given to the chief executive officer on all matters involving the official map and to the commissioner on those matters involving state or federal highways on the official map.
(c) The board shall act upon an application for a permit within forty (40) days of its receipt by the board.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 251, § 11; impl. am. Acts 1972, ch. 829, § 7; T.C.A., §§ 54-2213, 54-19-113; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-9-128 — TN Code / Title 54 / Chapter 9 / Section 54-9-128
Officials, commissioners, or employees not to be interested in contracts
Status: in_force

No commissioners or member of the county legislative body or any officer or employee of the commissioners shall be interested, directly or indirectly, in any contract or job of work or material, or profits of any contract or job, to be furnished or performed under §§ 54-9-124 - 54-9-127. Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a30; Code 1932, § 2991; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-830.
No commissioners or member of the county legislative body or any officer or employee of the commissioners shall be interested, directly or indirectly, in any contract or job of work or material, or profits of any contract or job, to be furnished or performed under §§ 54-9-124 - 54-9-127.
Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a30; Code 1932, § 2991; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-830.
Tenn. Code Ann. § 54-12-213 — TN Code / Title 54 / Chapter 12 / Section 54-12-213
New report ordered and new commissioners when report annulled or set aside
Status: in_force

If for any reason the monthly county court annuls in toto or sets aside the report of the commissioners, it shall order them to make a new report, or shall remove them and appoint new commissioners to act as in the first instance, if desired by the parties concerned. Acts 1919, ch. 193, § 53; Shan. Supp., § 1682a67; Code 1932, § 2881; modified; T.C.A. (orig. ed.), § 54-1413.
If for any reason the monthly county court annuls in toto or sets aside the report of the commissioners, it shall order them to make a new report, or shall remove them and appoint new commissioners to act as in the first instance, if desired by the parties concerned.
Acts 1919, ch. 193, § 53; Shan. Supp., § 1682a67; Code 1932, § 2881; modified; T.C.A. (orig. ed.), § 54-1413.
Tenn. Code Ann. § 54-12-303 — TN Code / Title 54 / Chapter 12 / Section 54-12-303
Successors of directors - Appointment
Status: in_force

At the end of each two-year term, the office of the two (2) appointed directors shall be again filled by appointment by the monthly county court from among those owning or interested in lands in the district. Acts 1919, ch. 193, § 70; Shan. Supp., § 1682a84; Code 1932, § 2898; modified; T.C.A. (orig. ed.), § 54-1503.
At the end of each two-year term, the office of the two (2) appointed directors shall be again filled by appointment by the monthly county court from among those owning or interested in lands in the district.
Acts 1919, ch. 193, § 70; Shan. Supp., § 1682a84; Code 1932, § 2898; modified; T.C.A. (orig. ed.), § 54-1503.
Tenn. Code Ann. § 54-9-133 — TN Code / Title 54 / Chapter 9 / Section 54-9-133
Compensation of engineer
Status: in_force

As compensation for the faithful performance of duty, the engineer shall receive an amount agreed upon by the engineer and the road commissioners having charge of the work. Acts 1913 (1st E.S.), ch. 26, § 11; Shan., § 1695a35; Code 1932, § 2996; T.C.A. (orig. ed.), § 54-835.
As compensation for the faithful performance of duty, the engineer shall receive an amount agreed upon by the engineer and the road commissioners having charge of the work.
Acts 1913 (1st E.S.), ch. 26, § 11; Shan., § 1695a35; Code 1932, § 2996; T.C.A. (orig. ed.), § 54-835.
Tenn. Code Ann. § 54-11-213 — TN Code / Title 54 / Chapter 11 / Section 54-11-213
Proceeding by petition for building bridge or causeway - Appointment of commissioner
Status: in_force

(a) If a petition filed under § 54-13-103 is for building a bridge or causeway at the expense of the county, the county legislative body shall, at the same session when it is presented, appoint three (3) commissioners to receive proposals for the work, which proposals shall clearly specify the extent, character, and description of the bridge or causeway. (b) The commissioners shall report their proceedings to the session designated by the county legislative body. Code 1858, § 1266 (deriv. Acts 1835-1836, ch. 29, § 3); Shan., § 1730; Code 1932, § 3056; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A. (orig. ed.), § 54-1119.
(a) If a petition filed under § 54-13-103 is for building a bridge or causeway at the expense of the county, the county legislative body shall, at the same session when it is presented, appoint three (3) commissioners to receive proposals for the work, which proposals shall clearly specify the extent, character, and description of the bridge or causeway.
(b) The commissioners shall report their proceedings to the session designated by the county legislative body.
Code 1858, § 1266 (deriv. Acts 1835-1836, ch. 29, § 3); Shan., § 1730; Code 1932, § 3056; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A. (orig. ed.), § 54-1119.
Tenn. Code Ann. § 54-22-102 — TN Code / Title 54 / Chapter 22 / Section 54-22-102
Relocation of above-ground utilities and encroachments
Status: in_force

(a) (1) The state shall be responsible for the necessary removal of any above-ground utilities located entirely on the presumptive right-of-way, and shall relocate the utilities on another location within the proposed right-of-way, or on other land that may be acquired. (2) The state also shall be responsible for the removal and relocation to other land that may be acquired, of other above-ground encroachments that may be accomplished reasonably and economically, if the owner or owners so elect; but encroachments that the owner or owners do not elect to have removed and relocated, after reasonable notice, as encroachments that cannot reasonably or economically be removed, may be disposed of summarily. (b) (1) Those parts of any above-ground utilities located partially on the presumptive right-of-way and necessary to be removed, may be removed and relocated by the state on another location within the proposed right-of-way or on other land that may be acquired unless the owner or owners elect, after reasonable notice, to remove the remainder located within the existing right-of-way between the limits of the proposed improvement and pro-rate the cost of their entire removal and relocation. (2) Those parts of other above-ground encroachments may be removed by the state to the extent they encroach, unless the owner or owners elect, after reasonable notice, to remove the remainder and pro-rate the cost of their entire removal. Acts 1985, ch. 265, §§ 2, 3.
(a) (1) The state shall be responsible for the necessary removal of any above-ground utilities located entirely on the presumptive right-of-way, and shall relocate the utilities on another location within the proposed right-of-way, or on other land that may be acquired. (2) The state also shall be responsible for the removal and relocation to other land that may be acquired, of other above-ground encroachments that may be accomplished reasonably and economically, if the owner or owners so elect; but encroachments that the owner or owners do not elect to have removed and relocated, after reasonable notice, as encroachments that cannot reasonably or economically be removed, may be disposed of summarily.
(1) The state shall be responsible for the necessary removal of any above-ground utilities located entirely on the presumptive right-of-way, and shall relocate the utilities on another location within the proposed right-of-way, or on other land that may be acquired.
(2) The state also shall be responsible for the removal and relocation to other land that may be acquired, of other above-ground encroachments that may be accomplished reasonably and economically, if the owner or owners so elect; but encroachments that the owner or owners do not elect to have removed and relocated, after reasonable notice, as encroachments that cannot reasonably or economically be removed, may be disposed of summarily.
(b) (1) Those parts of any above-ground utilities located partially on the presumptive right-of-way and necessary to be removed, may be removed and relocated by the state on another location within the proposed right-of-way or on other land that may be acquired unless the owner or owners elect, after reasonable notice, to remove the remainder located within the existing right-of-way between the limits of the proposed improvement and pro-rate the cost of their entire removal and relocation. (2) Those parts of other above-ground encroachments may be removed by the state to the extent they encroach, unless the owner or owners elect, after reasonable notice, to remove the remainder and pro-rate the cost of their entire removal.
(1) Those parts of any above-ground utilities located partially on the presumptive right-of-way and necessary to be removed, may be removed and relocated by the state on another location within the proposed right-of-way or on other land that may be acquired unless the owner or owners elect, after reasonable notice, to remove the remainder located within the existing right-of-way between the limits of the proposed improvement and pro-rate the cost of their entire removal and relocation.
(2) Those parts of other above-ground encroachments may be removed by the state to the extent they encroach, unless the owner or owners elect, after reasonable notice, to remove the remainder and pro-rate the cost of their entire removal.
Acts 1985, ch. 265, §§ 2, 3.
Tenn. Code Ann. § 54-10-111 — TN Code / Title 54 / Chapter 10 / Section 54-10-111
Designation of bicycle routes
Status: in_force

The county legislative body of each county may designate and appropriately mark on appropriate county roads, or portions of county roads, routes for the use of bicycles. Acts 1994, ch. 909, § 3.
The county legislative body of each county may designate and appropriately mark on appropriate county roads, or portions of county roads, routes for the use of bicycles.
Acts 1994, ch. 909, § 3.
Tenn. Code Ann. § 54-4-501 — TN Code / Title 54 / Chapter 4 / Section 54-4-501
Short title
Status: in_force

This part shall be known and may be cited as the "1990 Bridge Grant Program Act." Acts 1990, ch. 717, § 2.
This part shall be known and may be cited as the "1990 Bridge Grant Program Act."
Acts 1990, ch. 717, § 2.
Tenn. Code Ann. § 54-7-107 — TN Code / Title 54 / Chapter 7 / Section 54-7-107
Vacancies in office of chief administrative officer
Status: in_force

(a) If a vacancy occurs in the office of the chief administrative officer, a qualified successor shall be chosen in the manner specified by law. (b) If the vacancy occurs as a result of death, resignation or removal of the chief administrative officer, then during the period of time from when the vacancy arises until the time that a qualified successor is chosen, the duties of the chief administrative officer shall be performed by the assistant superintendent of highways, chief foreman, administrative assistant or other highest ranking member of the office of the chief administrative officer, who shall be designated as an interim successor by the chief administrative officer of the county highway department. The chief administrative officer shall designate the interim successor, in writing, by either name or title or position held. The interim successor shall fulfill all duties of the office of chief administrative officer as prescribed by law. (c) If the county in which the chief administrative officer serves is a county that has an elected highway commission, then the chief administrative officer shall file the written interim successor designation with the chair of the county highway commission and with the county clerk. If the county in which the chief administrative officer serves is a county that does not have an elected highway commission, then the chief administrative officer shall file the written interim successor designation with the chair of the county legislative body and with the county clerk. Acts 1974, ch. 738, § 6; T.C.A., § 54-1007; Acts 2008, ch. 644, § 1.
(a) If a vacancy occurs in the office of the chief administrative officer, a qualified successor shall be chosen in the manner specified by law.
(b) If the vacancy occurs as a result of death, resignation or removal of the chief administrative officer, then during the period of time from when the vacancy arises until the time that a qualified successor is chosen, the duties of the chief administrative officer shall be performed by the assistant superintendent of highways, chief foreman, administrative assistant or other highest ranking member of the office of the chief administrative officer, who shall be designated as an interim successor by the chief administrative officer of the county highway department. The chief administrative officer shall designate the interim successor, in writing, by either name or title or position held. The interim successor shall fulfill all duties of the office of chief administrative officer as prescribed by law.
(c) If the county in which the chief administrative officer serves is a county that has an elected highway commission, then the chief administrative officer shall file the written interim successor designation with the chair of the county highway commission and with the county clerk. If the county in which the chief administrative officer serves is a county that does not have an elected highway commission, then the chief administrative officer shall file the written interim successor designation with the chair of the county legislative body and with the county clerk.
Acts 1974, ch. 738, § 6; T.C.A., § 54-1007; Acts 2008, ch. 644, § 1.
Tenn. Code Ann. § 54-5-1108 — TN Code / Title 54 / Chapter 5 / Section 54-5-1108
Rules and regulations
Status: in_force

The commissioner shall promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the construction and administration of specific service signs. Acts 1988, ch. 696, § 10.
The commissioner shall promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the construction and administration of specific service signs.
Acts 1988, ch. 696, § 10.
Tenn. Code Ann. § 54-2-106 — TN Code / Title 54 / Chapter 2 / Section 54-2-106
Short-term notes - Issuance in anticipation of collections to start construction of any project
Status: in_force

The commissioner of finance and administration and state treasurer shall anticipate the collection of highway funds, and issue short-term notes when requested by the department of transportation, to start the construction or reconstruction of any project that has been accepted by an officer or agency of the federal government, as provided in any act of congress granting funds for the construction of roads, and as provided in this chapter and chapters 1 and 5 of this title. Acts 1917, ch. 74, § 11; Shan., § 1720a29b44 (p. 6553); Shan. Supp., § 1720a7b75; Code 1932, § 3235; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-208; Acts 1981, ch. 264, § 12; T.C.A., § 54-2-108 .
The commissioner of finance and administration and state treasurer shall anticipate the collection of highway funds, and issue short-term notes when requested by the department of transportation, to start the construction or reconstruction of any project that has been accepted by an officer or agency of the federal government, as provided in any act of congress granting funds for the construction of roads, and as provided in this chapter and chapters 1 and 5 of this title.
Acts 1917, ch. 74, § 11; Shan., § 1720a29b44 (p. 6553); Shan. Supp., § 1720a7b75; Code 1932, § 3235; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-208; Acts 1981, ch. 264, § 12; T.C.A., § 54-2-108 .
Tenn. Code Ann. § 54-5-118 — TN Code / Title 54 / Chapter 5 / Section 54-5-118
Rejection of bids
Status: in_force

Any and all bids may be rejected, in the discretion of the commissioner, and they shall be rejected if the best bid is not deemed reasonable and fair to the state. Acts 1917, ch. 74, § 6; Shan., § 1720a29b26 (p. 6550); impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b57; mod. Code 1932, § 3217; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-518; Acts 1981, ch. 264, § 12.
Any and all bids may be rejected, in the discretion of the commissioner, and they shall be rejected if the best bid is not deemed reasonable and fair to the state.
Acts 1917, ch. 74, § 6; Shan., § 1720a29b26 (p. 6550); impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b57; mod. Code 1932, § 3217; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-518; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-16-104 — TN Code / Title 54 / Chapter 16 / Section 54-16-104
Acquisition of property - Title acquired
Status: in_force

(a) For the purpose of this chapter, the highway authorities of the state, counties, cities, and towns may acquire private or public property and property rights for controlled-access facilities and service roads, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation in the same manner as the authorities are now or hereafter may be authorized by law to acquire the property or property rights in connection with highways and streets within their respective jurisdictions. (b) All property rights acquired under this chapter shall be in fee simple. (c) In connection with the acquisition of property or property rights for any controlled-access facility or portion of the facility, or service road in connection with the facility, the state, county, city, or town highway authority may, in its discretion, acquire an entire lot, block, or tract of land, if by so doing the interests of the public will be best served, even though the entire lot, block, or tract is not immediately needed for the right-of-way proper. Acts 1955, ch. 147, § 4; T.C.A., § 54-2004.
(a) For the purpose of this chapter, the highway authorities of the state, counties, cities, and towns may acquire private or public property and property rights for controlled-access facilities and service roads, including rights of access, air, view, and light, by gift, devise, purchase, or condemnation in the same manner as the authorities are now or hereafter may be authorized by law to acquire the property or property rights in connection with highways and streets within their respective jurisdictions.
(b) All property rights acquired under this chapter shall be in fee simple.
(c) In connection with the acquisition of property or property rights for any controlled-access facility or portion of the facility, or service road in connection with the facility, the state, county, city, or town highway authority may, in its discretion, acquire an entire lot, block, or tract of land, if by so doing the interests of the public will be best served, even though the entire lot, block, or tract is not immediately needed for the right-of-way proper.
Acts 1955, ch. 147, § 4; T.C.A., § 54-2004.
Tenn. Code Ann. § 54-12-215 — TN Code / Title 54 / Chapter 12 / Section 54-12-215
Special assessment to pay costs and expenses
Status: in_force

If, after the district has been created and the commissioners for the assessment of benefits have made their report, the report has been acted upon and confirmed by the monthly county court, the time for an appeal from the confirmation has elapsed and no appeal has been taken, and it appears to the court that the costs and expenses of the proceedings up to that state of the proceedings have not been otherwise paid, the court shall have the power to make a special assessment upon all the lands within the district, for an amount sufficient to pay the costs and expenses, including the expenses of collecting the special assessment. Acts 1919, ch. 193, § 55; Shan. Supp., § 1682a69; Code 1932, § 2883; modified; T.C.A. (orig. ed.), § 54-1415.
If, after the district has been created and the commissioners for the assessment of benefits have made their report, the report has been acted upon and confirmed by the monthly county court, the time for an appeal from the confirmation has elapsed and no appeal has been taken, and it appears to the court that the costs and expenses of the proceedings up to that state of the proceedings have not been otherwise paid, the court shall have the power to make a special assessment upon all the lands within the district, for an amount sufficient to pay the costs and expenses, including the expenses of collecting the special assessment.
Acts 1919, ch. 193, § 55; Shan. Supp., § 1682a69; Code 1932, § 2883; modified; T.C.A. (orig. ed.), § 54-1415.
Tenn. Code Ann. § 54-6-113 — TN Code / Title 54 / Chapter 6 / Section 54-6-113
Powers and duties of private entity
Status: in_force

(a) The eligible private entity shall have all power allowed by law generally to a private entity having the same form of organization as the eligible private entity. The eligible private entity shall have the power to develop, redevelop, and operate the qualifying transportation facility, impose user fees, and enter into service contracts in connection with the development, redevelopment, or operation of the facility in exchange for availability payments and other consideration without further approval by the general assembly; provided, that any state funds used for the purposes of this chapter shall be specifically appropriated by reference in the general appropriations act to the project or services for the qualifying transportation facility; provided, further, that the development, redevelopment, or operation of any project or qualifying transportation facility for which the department is the responsible public entity and for which toll revenue as defined in § 54-3-103 is collected, shall be subject to the requirements of § 54-3-102(b) that the project or facility be included in the department's transportation improvement program submitted to the general assembly and be subject to approval of the general assembly pursuant to the express provisions of the general appropriations act. Notwithstanding any other law to the contrary, the authority to develop, redevelop, and operate transportation facilities and to impose user fees as provided in this chapter shall apply to any portion of a transportation facility, whether constructed prior to, or on or after, October 1, 2016. (b) The eligible private entity may own, lease, or acquire any other right to use or develop and operate the qualifying transportation facility. (c) Any financing of the qualifying transportation facility may be in such amounts and upon such terms and conditions as may be determined by the eligible private entity; provided, that the eligible private entity may issue debt, equity, or other securities or obligations, enter into sale and leaseback transactions, and secure any financing with a pledge of, security interest in, or lien on, any or all of its property. (d) In developing, redeveloping, or operating the qualifying transportation facility, the eligible private entity may: (1) Make classifications according to reasonable categories for assessment of user fees in accordance with § 54-6-108(c) ; and (2) With the consent of the responsible public entity, make and enforce reasonable policies to the same extent that the responsible public entity could have made policies with respect to a similar transportation facility. (e) The eligible private entity shall: (1) Develop, redevelop, or operate the qualifying transportation facility in a manner that meets the engineering and other standards of the responsible public entity for transportation facilities operated and maintained by the responsible public entity, in accordance with the comprehensive agreement; (2) Keep the qualifying transportation facility open for use by the members of the public at all times after its initial opening upon payment of the applicable user fees and availability payments; provided, that the qualifying transportation facility may have reasonable hours of operation based on demand, and may be temporarily closed because of emergencies or, with the consent of the responsible public entity, to protect the safety of the public or for reasonable construction or maintenance procedures; (3) Maintain, or provide by contract for the maintenance of, the qualifying transportation facility; (4) File with the responsible public entity: (A) Reports describing material contracts with affiliates of the eligible private entity; (B) An accurate schedule of applicable user fees and availability payments charged for use of the qualifying transportation facility; and (C) Any other information required by the responsible public entity; and (5) Cooperate with the responsible public entity in establishing any interconnection with the qualifying transportation facility requested by the responsible public entity. Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
(a) The eligible private entity shall have all power allowed by law generally to a private entity having the same form of organization as the eligible private entity. The eligible private entity shall have the power to develop, redevelop, and operate the qualifying transportation facility, impose user fees, and enter into service contracts in connection with the development, redevelopment, or operation of the facility in exchange for availability payments and other consideration without further approval by the general assembly; provided, that any state funds used for the purposes of this chapter shall be specifically appropriated by reference in the general appropriations act to the project or services for the qualifying transportation facility; provided, further, that the development, redevelopment, or operation of any project or qualifying transportation facility for which the department is the responsible public entity and for which toll revenue as defined in § 54-3-103 is collected, shall be subject to the requirements of § 54-3-102(b) that the project or facility be included in the department's transportation improvement program submitted to the general assembly and be subject to approval of the general assembly pursuant to the express provisions of the general appropriations act. Notwithstanding any other law to the contrary, the authority to develop, redevelop, and operate transportation facilities and to impose user fees as provided in this chapter shall apply to any portion of a transportation facility, whether constructed prior to, or on or after, October 1, 2016.
(b) The eligible private entity may own, lease, or acquire any other right to use or develop and operate the qualifying transportation facility.
(c) Any financing of the qualifying transportation facility may be in such amounts and upon such terms and conditions as may be determined by the eligible private entity; provided, that the eligible private entity may issue debt, equity, or other securities or obligations, enter into sale and leaseback transactions, and secure any financing with a pledge of, security interest in, or lien on, any or all of its property.
(d) In developing, redeveloping, or operating the qualifying transportation facility, the eligible private entity may: (1) Make classifications according to reasonable categories for assessment of user fees in accordance with § 54-6-108(c) ; and (2) With the consent of the responsible public entity, make and enforce reasonable policies to the same extent that the responsible public entity could have made policies with respect to a similar transportation facility.
(1) Make classifications according to reasonable categories for assessment of user fees in accordance with § 54-6-108(c) ; and
(2) With the consent of the responsible public entity, make and enforce reasonable policies to the same extent that the responsible public entity could have made policies with respect to a similar transportation facility.
(e) The eligible private entity shall: (1) Develop, redevelop, or operate the qualifying transportation facility in a manner that meets the engineering and other standards of the responsible public entity for transportation facilities operated and maintained by the responsible public entity, in accordance with the comprehensive agreement; (2) Keep the qualifying transportation facility open for use by the members of the public at all times after its initial opening upon payment of the applicable user fees and availability payments; provided, that the qualifying transportation facility may have reasonable hours of operation based on demand, and may be temporarily closed because of emergencies or, with the consent of the responsible public entity, to protect the safety of the public or for reasonable construction or maintenance procedures; (3) Maintain, or provide by contract for the maintenance of, the qualifying transportation facility; (4) File with the responsible public entity: (A) Reports describing material contracts with affiliates of the eligible private entity; (B) An accurate schedule of applicable user fees and availability payments charged for use of the qualifying transportation facility; and (C) Any other information required by the responsible public entity; and (5) Cooperate with the responsible public entity in establishing any interconnection with the qualifying transportation facility requested by the responsible public entity.
(1) Develop, redevelop, or operate the qualifying transportation facility in a manner that meets the engineering and other standards of the responsible public entity for transportation facilities operated and maintained by the responsible public entity, in accordance with the comprehensive agreement;
(2) Keep the qualifying transportation facility open for use by the members of the public at all times after its initial opening upon payment of the applicable user fees and availability payments; provided, that the qualifying transportation facility may have reasonable hours of operation based on demand, and may be temporarily closed because of emergencies or, with the consent of the responsible public entity, to protect the safety of the public or for reasonable construction or maintenance procedures;
(3) Maintain, or provide by contract for the maintenance of, the qualifying transportation facility;
(4) File with the responsible public entity: (A) Reports describing material contracts with affiliates of the eligible private entity; (B) An accurate schedule of applicable user fees and availability payments charged for use of the qualifying transportation facility; and (C) Any other information required by the responsible public entity; and
(A) Reports describing material contracts with affiliates of the eligible private entity;
(B) An accurate schedule of applicable user fees and availability payments charged for use of the qualifying transportation facility; and
(C) Any other information required by the responsible public entity; and
(5) Cooperate with the responsible public entity in establishing any interconnection with the qualifying transportation facility requested by the responsible public entity.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
Tenn. Code Ann. § 54-12-414 — TN Code / Title 54 / Chapter 12 / Section 54-12-414
Trustee to furnish certified list of delinquent lands and names of owners, which is prima facie proof authorizing a decree
Status: in_force

(a) When it is desired by the board of directors or other interested party entitled to sue, to file the bill, the county trustee, upon request, shall make out a statement or list, showing all the lands upon which assessments are delinquent and the names of the owners of the lands, as appear upon the road assessment book or showing any tract or tracts assessed to unknown owners, if such be the case, and certify as trustee to the correctness of the statement or list as the statement or list appears upon the book. (b) In the chancery suit, the certified statement or list shall be prima facie proof of the facts certified, and that the assessments are delinquent and sufficient proof to authorize a decree of sale in the absence of rebutting proof of the facts shown by the certificate. Acts 1919, ch. 193, § 96; Shan. Supp., § 1682a110; Code 1932, § 2925; T.C.A. (orig. ed.), § 54-1614.
(a) When it is desired by the board of directors or other interested party entitled to sue, to file the bill, the county trustee, upon request, shall make out a statement or list, showing all the lands upon which assessments are delinquent and the names of the owners of the lands, as appear upon the road assessment book or showing any tract or tracts assessed to unknown owners, if such be the case, and certify as trustee to the correctness of the statement or list as the statement or list appears upon the book.
(b) In the chancery suit, the certified statement or list shall be prima facie proof of the facts certified, and that the assessments are delinquent and sufficient proof to authorize a decree of sale in the absence of rebutting proof of the facts shown by the certificate.
Acts 1919, ch. 193, § 96; Shan. Supp., § 1682a110; Code 1932, § 2925; T.C.A. (orig. ed.), § 54-1614.
Tenn. Code Ann. § 54-12-106 — TN Code / Title 54 / Chapter 12 / Section 54-12-106
Petitioners may employ counsel in preliminary matters - Compensation for services, fixing
Status: in_force

(a) The petitioners for the improvement district are authorized to employ counsel to assist in filing the petition and in all preliminary matters necessary in having the district established, and attending to the matters of the district, so far as may be necessary, and so far as the monthly county court may think needed after the district is ordered established, contracting with the attorneys for the amount to be paid for their services, which contract shall be ratified and approved by the monthly county court, if deemed reasonable. (b) (1) If not reasonable, the monthly county court shall, by order, fix the amount to be allowed for legal services, fixing the amount as it deems reasonable and proper. (2) The amount of fees fixed for legal services shall become a debt and charge against the district as other preliminary expenses are, such as charges for services of an engineer, etc., and to be paid in like manner. Acts 1919, ch. 193, § 110; Shan. Supp., § 1682a124; Code 1932, § 2939; modified; T.C.A. (orig. ed.), § 54-1306.
(a) The petitioners for the improvement district are authorized to employ counsel to assist in filing the petition and in all preliminary matters necessary in having the district established, and attending to the matters of the district, so far as may be necessary, and so far as the monthly county court may think needed after the district is ordered established, contracting with the attorneys for the amount to be paid for their services, which contract shall be ratified and approved by the monthly county court, if deemed reasonable.
(b) (1) If not reasonable, the monthly county court shall, by order, fix the amount to be allowed for legal services, fixing the amount as it deems reasonable and proper. (2) The amount of fees fixed for legal services shall become a debt and charge against the district as other preliminary expenses are, such as charges for services of an engineer, etc., and to be paid in like manner.
(1) If not reasonable, the monthly county court shall, by order, fix the amount to be allowed for legal services, fixing the amount as it deems reasonable and proper.
(2) The amount of fees fixed for legal services shall become a debt and charge against the district as other preliminary expenses are, such as charges for services of an engineer, etc., and to be paid in like manner.
Acts 1919, ch. 193, § 110; Shan. Supp., § 1682a124; Code 1932, § 2939; modified; T.C.A. (orig. ed.), § 54-1306.
Tenn. Code Ann. § 54-14-112 — TN Code / Title 54 / Chapter 14 / Section 54-14-112
Report confirmed, or set aside and another writ awarded
Status: in_force

(a) Any party may file objections to the report; provided, that, if an objection is filed by the owner or owners of land selected by the jury of view, the objection must be served upon all parties to the action. Further, the person making the objection must prepare a plat that contains an alternative route to the one identified by the jury of view. The plat shall be served on all parties and filed with the court within thirty (30) days of the objection. The alternative route that the person proposes to substitute for the identified route shall be clearly marked on the plat. If the petitioner or any other party who owns the land on which all or part of the alternative route is located objects to the alternative route, the only remedy available to the petitioner or other party at the trial court level is to demand a trial by jury pursuant to § 54-14-114 . An appeal from an adverse decision at the trial court level may be appealed by any party to the action as provided by law. (b) If no objection is filed to the report or upon objections being filed to the report and heard and considered by the court, the report may be confirmed by the court, or set aside and another writ of inquiry awarded by the court. Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a10; Code 1932, § 2756; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §54-1912; Acts 2008 , ch. 1082, § 3.
(a) Any party may file objections to the report; provided, that, if an objection is filed by the owner or owners of land selected by the jury of view, the objection must be served upon all parties to the action. Further, the person making the objection must prepare a plat that contains an alternative route to the one identified by the jury of view. The plat shall be served on all parties and filed with the court within thirty (30) days of the objection. The alternative route that the person proposes to substitute for the identified route shall be clearly marked on the plat. If the petitioner or any other party who owns the land on which all or part of the alternative route is located objects to the alternative route, the only remedy available to the petitioner or other party at the trial court level is to demand a trial by jury pursuant to § 54-14-114 . An appeal from an adverse decision at the trial court level may be appealed by any party to the action as provided by law.
(b) If no objection is filed to the report or upon objections being filed to the report and heard and considered by the court, the report may be confirmed by the court, or set aside and another writ of inquiry awarded by the court.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a10; Code 1932, § 2756; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §54-1912; Acts 2008 , ch. 1082, § 3.
Tenn. Code Ann. § 54-5-701 — TN Code / Title 54 / Chapter 5 / Section 54-5-701
Reserved
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 472, s 2, eff. 7/1/2013. Acts 1953, ch. 31, § 1 (Williams, § 2799.1); T.C.A. (orig. ed.), § 54-536; Acts 1989, ch. 591, § 113.
Repealed by 2013 Tenn. Acts, ch. 472, s 2, eff. 7/1/2013.
Acts 1953, ch. 31, § 1 (Williams, § 2799.1); T.C.A. (orig. ed.), § 54-536; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 54-12-127 — TN Code / Title 54 / Chapter 12 / Section 54-12-127
Expediency of plan - Determination by court - Submission of second plan
Status: in_force

(a) Upon the filing of the return of the engineer, the monthly county court shall examine the return, and if the plan seems to be expedient and meets the approval of the court, it shall order the county clerk to cause notice to be given as provided in §§ 54-12-128 - 54-12-131; but if it does not appear to be expedient, and it is not approved, the court is authorized to direct the engineer or another selected by it to prepare another plan. (b) If the court deems the proposed improvement inexpedient or inadvisable after an examination of the return of the engineer or after a second further return, it may dismiss the petition and proceedings, and, in that event, it shall adjudge all costs and expenses incurred against the petitioners and the sureties on the bond. Acts 1919, ch. 193, § 16; Shan. Supp., § 1682a27; Code 1932, § 2841; modified; T.C.A. (orig. ed.), § 54-1327.
(a) Upon the filing of the return of the engineer, the monthly county court shall examine the return, and if the plan seems to be expedient and meets the approval of the court, it shall order the county clerk to cause notice to be given as provided in §§ 54-12-128 - 54-12-131; but if it does not appear to be expedient, and it is not approved, the court is authorized to direct the engineer or another selected by it to prepare another plan.
(b) If the court deems the proposed improvement inexpedient or inadvisable after an examination of the return of the engineer or after a second further return, it may dismiss the petition and proceedings, and, in that event, it shall adjudge all costs and expenses incurred against the petitioners and the sureties on the bond.
Acts 1919, ch. 193, § 16; Shan. Supp., § 1682a27; Code 1932, § 2841; modified; T.C.A. (orig. ed.), § 54-1327.
Tenn. Code Ann. § 54-10-213 — TN Code / Title 54 / Chapter 10 / Section 54-10-213
Commissioner may act without petition
Status: in_force

The commissioner may, without petition or application, proceed to open, change, close and construct any public highway that the commissioner deems necessary for the public interest. Acts 1891, ch. 1, § 14; Shan., § 1632; Code 1932, § 2742; T.C.A. (orig. ed.), § 54-917.
The commissioner may, without petition or application, proceed to open, change, close and construct any public highway that the commissioner deems necessary for the public interest.
Acts 1891, ch. 1, § 14; Shan., § 1632; Code 1932, § 2742; T.C.A. (orig. ed.), § 54-917.
Tenn. Code Ann. § 54-12-423 — TN Code / Title 54 / Chapter 12 / Section 54-12-423
Assessments collectible only out of the assessed land
Status: in_force

The assessments provided for by this chapter, if not paid by the owners of the land assessed, shall be collected only out of the land assessed for improvement purposes, and shall not be collected by distress warrant or otherwise out of any other property, real or personal, of the owners of the land assessed under this chapter. Acts 1919, ch. 193, § 105; Shan. Supp., § 1682a119; Code 1932, § 2934; T.C.A. (orig. ed.), § 54-1623.
The assessments provided for by this chapter, if not paid by the owners of the land assessed, shall be collected only out of the land assessed for improvement purposes, and shall not be collected by distress warrant or otherwise out of any other property, real or personal, of the owners of the land assessed under this chapter.
Acts 1919, ch. 193, § 105; Shan. Supp., § 1682a119; Code 1932, § 2934; T.C.A. (orig. ed.), § 54-1623.
Tenn. Code Ann. § 54-3-102 — TN Code / Title 54 / Chapter 3 / Section 54-3-102
Conformance with statewide transportation plan - Development of alternatives - Environmental evaluation - Hearings
Status: in_force

(a) This chapter applies to the operation of user fee facilities on new facilities opened on or after July 1, 2023, and on existing facilities where one (1) or more new vehicle lanes is added to the facility on or after July 1, 2023. (b) The development of a user fee facility project by or under the authority of the department must be in accordance with the department's long-range statewide transportation plan. The department shall specifically identify a proposed user fee facility or user fee facility project in the transportation improvement program furnished to the general assembly in support of the commissioner's annual funding recommendations. (c) Prior to submitting to the general assembly a transportation improvement plan in which a user fee facility project is included, the department shall submit the proposed user fee facility project to the board for approval, as provided in this chapter. Further development of the user fee facility project must not occur until the user fee facility project has been approved by the board and, if applicable, by the general assembly in accordance with this subsection (c). Prior to approval of the project, the board shall provide written notice of the proposed user fee facility project to the speakers of the senate and the house of representatives, the chairs of the finance, ways and means committees of the senate and the house of representatives, the chair of the transportation and safety committee of the senate, and the chair of the transportation committee of the house of representatives. If any state agency proposes to assist in funding the user fee facility project with state or federal-aid funds, then the project is subject to the approval of the general assembly pursuant to the express provisions of the general appropriations act in which the funds must be specifically appropriated by reference to the project. (d) The development of a user fee facility project by or under the authority of the department must consider alternatives to the project; the economic, social, and environmental effects of the user fee facility project; and the findings of the environmental evaluation process and public comments, including comments from a metropolitan planning organization or rural planning organization, or both, in which the project is located, before developing final construction plans for the user fee facility. If the proposed project involves federal aid funding or constitutes a major federal action, then the department's environmental evaluation process is subject, as applicable, to the federal National Environmental Policy Act of 1969 ( 42 U.S.C. § 4321 et seq.). If the proposed project does not involve federal aid funding and does not otherwise constitute a major federal action, then it is subject to environmental evaluation and documentation in accordance with such policies and procedures as the department may establish. (e) The development of a user fee facility project by or under the authority of the department is subject to public hearings conducted in accordance with such procedures as the department may establish. The department shall hold the public hearings at convenient locations during the environmental evaluation of the project and prior to plans for the user fee facility project being finally adopted. (f) The environmental evaluation and public hearing requirements of subsections (d) and (e) do not apply to the authorization, sale, or issuance of bonds under this chapter. Amended by 2023 Tenn. Acts, ch. 159, s 17, eff. 4/17/2023. Acts 2007 , ch. 597, § 3.
(a) This chapter applies to the operation of user fee facilities on new facilities opened on or after July 1, 2023, and on existing facilities where one (1) or more new vehicle lanes is added to the facility on or after July 1, 2023.
(b) The development of a user fee facility project by or under the authority of the department must be in accordance with the department's long-range statewide transportation plan. The department shall specifically identify a proposed user fee facility or user fee facility project in the transportation improvement program furnished to the general assembly in support of the commissioner's annual funding recommendations.
(c) Prior to submitting to the general assembly a transportation improvement plan in which a user fee facility project is included, the department shall submit the proposed user fee facility project to the board for approval, as provided in this chapter. Further development of the user fee facility project must not occur until the user fee facility project has been approved by the board and, if applicable, by the general assembly in accordance with this subsection (c). Prior to approval of the project, the board shall provide written notice of the proposed user fee facility project to the speakers of the senate and the house of representatives, the chairs of the finance, ways and means committees of the senate and the house of representatives, the chair of the transportation and safety committee of the senate, and the chair of the transportation committee of the house of representatives. If any state agency proposes to assist in funding the user fee facility project with state or federal-aid funds, then the project is subject to the approval of the general assembly pursuant to the express provisions of the general appropriations act in which the funds must be specifically appropriated by reference to the project.
(d) The development of a user fee facility project by or under the authority of the department must consider alternatives to the project; the economic, social, and environmental effects of the user fee facility project; and the findings of the environmental evaluation process and public comments, including comments from a metropolitan planning organization or rural planning organization, or both, in which the project is located, before developing final construction plans for the user fee facility. If the proposed project involves federal aid funding or constitutes a major federal action, then the department's environmental evaluation process is subject, as applicable, to the federal National Environmental Policy Act of 1969 ( 42 U.S.C. § 4321 et seq.). If the proposed project does not involve federal aid funding and does not otherwise constitute a major federal action, then it is subject to environmental evaluation and documentation in accordance with such policies and procedures as the department may establish.
(e) The development of a user fee facility project by or under the authority of the department is subject to public hearings conducted in accordance with such procedures as the department may establish. The department shall hold the public hearings at convenient locations during the environmental evaluation of the project and prior to plans for the user fee facility project being finally adopted.
(f) The environmental evaluation and public hearing requirements of subsections (d) and (e) do not apply to the authorization, sale, or issuance of bonds under this chapter.
Amended by 2023 Tenn. Acts, ch. 159, s 17, eff. 4/17/2023.
Acts 2007 , ch. 597, § 3.
Tenn. Code Ann. § 54-5-507 — TN Code / Title 54 / Chapter 5 / Section 54-5-507
State-local agreements
Status: in_force

(a) The department will receive proposals from local agencies, either city or county, for the construction of a connector. Proposals shall contain an agreement on the part of the local agency to participate in the amount of fifty percent (50%) of the cost of the project, and to maintain the connectors at its own expense after completion of the project. The department shall receive the proposals on the basis of coordinated development of access to the various sections of interstate highway routes or fully controlled access highways as they become open to traffic, and in accordance with established departmental criteria for priority of construction and in accordance with the availability of funds. (b) In no event shall the engineering phase of a connector project be begun by the department until the entire cost of the engineering, as estimated by the department, is deposited with the department by the local agency. (c) After the engineering phase of the project has been completed, the right-of-way phase of the project shall not be begun by the department until fifty percent (50%) of the cost of the right-of-way phase of the project, as estimated by the department, is deposited with the department by the local agency. (d) (1) After the right-of-way phase of the project has been completed, the construction phase of the project shall not be begun by the department until fifty percent (50%) of the remaining cost of the project, as estimated by the department, is deposited with the department by the local agency. (2) In arriving at the amount mentioned in subdivision (d)(1), the local agency shall receive a credit of fifty percent (50%) of the amount deposited by the local agency for the engineering phase. (e) In the event the local agency does not deposit with the department fifty percent (50%) of the cost of the right-of-way phase of the project, as estimated by the department, within sixty (60) days after the completion by the department of the engineering for the project, or should the local agency not deposit with the department fifty percent (50%) of the cost of the construction phase of the project, as estimated by the department, within sixty (60) days after the completion by the department of the right-of-way phase of the project, the department may, at its option, terminate any agreement with the local agency with respect to the local connector, and any funds deposited with the department by the local agency for the engineering phase or the right-of-way phase, or both, shall become part of the general highway fund free from all claims by the local agency. (f) In the event the local agency does not deposit with the department fifty percent (50%) of the cost of the construction phase of the project as provided for in subsection (d), and the department exercises its option to terminate any agreement with the local agency with respect to the project, the local agency shall pay to the department, upon written demand, the actual amount necessary to reimburse the department for expenditures made in accomplishing the engineering and right-of-way phases after deducting the amounts previously deposited by the local agency as the entire estimated cost of the engineering phase and as fifty percent (50%) of the estimated cost of the right-of-way phase. (g) In the event of the failure of the local agency to fully comply with this section, the department shall be authorized to receive any funds, excluding rural roads and federal-aid secondary roads funds, that would otherwise be payable to the local agency for highway purposes from the state, until the department has recovered the amount necessary to result in the fifty percent (50%) financial participation in the actual total cost of any phase, or reimbursement in full, as provided for in subsection (a), (c) or (d). (h) Following the completion of the project, the department shall determine the actual total cost of the project and either pay to or receive from the local agency an amount that results in the equal financial participation by the parties in the total cost of the project. (i) It is the intent of this part for the local agency to participate in the cost of connector projects with road or street funds of the local agency that shall, in no event, include in any part funds from the rural roads program or the federal-aid secondary roads program. (j) The maintenance of any road designated as a connector under this part shall be the responsibility of the local agency that participated in the cost of the project. Acts 1965, ch. 159, § 7; 1967, ch. 19, § 1; 1968, ch. 577, § 3; 1971, ch. 93, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-575; Acts 1981, ch. 264, § 12; 1991, ch. 133, § 4; 1999, ch. 249, §§ 5, 6.
(a) The department will receive proposals from local agencies, either city or county, for the construction of a connector. Proposals shall contain an agreement on the part of the local agency to participate in the amount of fifty percent (50%) of the cost of the project, and to maintain the connectors at its own expense after completion of the project. The department shall receive the proposals on the basis of coordinated development of access to the various sections of interstate highway routes or fully controlled access highways as they become open to traffic, and in accordance with established departmental criteria for priority of construction and in accordance with the availability of funds.
(b) In no event shall the engineering phase of a connector project be begun by the department until the entire cost of the engineering, as estimated by the department, is deposited with the department by the local agency.
(c) After the engineering phase of the project has been completed, the right-of-way phase of the project shall not be begun by the department until fifty percent (50%) of the cost of the right-of-way phase of the project, as estimated by the department, is deposited with the department by the local agency.
(d) (1) After the right-of-way phase of the project has been completed, the construction phase of the project shall not be begun by the department until fifty percent (50%) of the remaining cost of the project, as estimated by the department, is deposited with the department by the local agency. (2) In arriving at the amount mentioned in subdivision (d)(1), the local agency shall receive a credit of fifty percent (50%) of the amount deposited by the local agency for the engineering phase.
(1) After the right-of-way phase of the project has been completed, the construction phase of the project shall not be begun by the department until fifty percent (50%) of the remaining cost of the project, as estimated by the department, is deposited with the department by the local agency.
(2) In arriving at the amount mentioned in subdivision (d)(1), the local agency shall receive a credit of fifty percent (50%) of the amount deposited by the local agency for the engineering phase.
(e) In the event the local agency does not deposit with the department fifty percent (50%) of the cost of the right-of-way phase of the project, as estimated by the department, within sixty (60) days after the completion by the department of the engineering for the project, or should the local agency not deposit with the department fifty percent (50%) of the cost of the construction phase of the project, as estimated by the department, within sixty (60) days after the completion by the department of the right-of-way phase of the project, the department may, at its option, terminate any agreement with the local agency with respect to the local connector, and any funds deposited with the department by the local agency for the engineering phase or the right-of-way phase, or both, shall become part of the general highway fund free from all claims by the local agency.
(f) In the event the local agency does not deposit with the department fifty percent (50%) of the cost of the construction phase of the project as provided for in subsection (d), and the department exercises its option to terminate any agreement with the local agency with respect to the project, the local agency shall pay to the department, upon written demand, the actual amount necessary to reimburse the department for expenditures made in accomplishing the engineering and right-of-way phases after deducting the amounts previously deposited by the local agency as the entire estimated cost of the engineering phase and as fifty percent (50%) of the estimated cost of the right-of-way phase.
(g) In the event of the failure of the local agency to fully comply with this section, the department shall be authorized to receive any funds, excluding rural roads and federal-aid secondary roads funds, that would otherwise be payable to the local agency for highway purposes from the state, until the department has recovered the amount necessary to result in the fifty percent (50%) financial participation in the actual total cost of any phase, or reimbursement in full, as provided for in subsection (a), (c) or (d).
(h) Following the completion of the project, the department shall determine the actual total cost of the project and either pay to or receive from the local agency an amount that results in the equal financial participation by the parties in the total cost of the project.
(i) It is the intent of this part for the local agency to participate in the cost of connector projects with road or street funds of the local agency that shall, in no event, include in any part funds from the rural roads program or the federal-aid secondary roads program.
(j) The maintenance of any road designated as a connector under this part shall be the responsibility of the local agency that participated in the cost of the project.
Acts 1965, ch. 159, § 7; 1967, ch. 19, § 1; 1968, ch. 577, § 3; 1971, ch. 93, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-575; Acts 1981, ch. 264, § 12; 1991, ch. 133, § 4; 1999, ch. 249, §§ 5, 6.
Tenn. Code Ann. § 54-21-109 — TN Code / Title 54 / Chapter 21 / Section 54-21-109
Damage, destruction, or removal of signs or markers on state highway system
Status: in_force

A person shall not erect any sign, or affix another sign to or on any sign erected under the authority of the department, on any right-of-way of any state highway without authorization from the department. Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020. Acts 1976, ch. 740, § 1; T.C.A., § 54-2609; Acts 1980, ch. 470, § 2.
A person shall not erect any sign, or affix another sign to or on any sign erected under the authority of the department, on any right-of-way of any state highway without authorization from the department.
Amended by 2020 Tenn. Acts, ch. 706, s 8, eff. 6/22/2020.
Acts 1976, ch. 740, § 1; T.C.A., § 54-2609; Acts 1980, ch. 470, § 2.
Tenn. Code Ann. § 54-7-206 — TN Code / Title 54 / Chapter 7 / Section 54-7-206
Theft or embezzlement by chief administrative officer
Status: in_force

(a) Any theft by a chief administrative officer, either directly or indirectly, of county highway or road money shall be punished under § 39-14-105 . (b) If any chief administrative officer charged with the collection, safekeeping, transfer, or disbursement of money or property belonging to the county highway department uses or diverts any part of the money or property by loan, investment, or otherwise, without authority of law, or converts any part of the money or property to the chief administrative officer's own use in any way whatsoever, the chief administrative officer commits embezzlement, and for every act, upon conviction, shall be punished as in the case of larceny, and in addition shall be required to pay to the court an amount equal to the amount embezzled. The amount shall be forwarded by the clerk to the county highway department. Amended by 2013 Tenn. Acts, ch. 308,s 9, eff. 7/1/2013. Acts 1988, ch. 658, § 1.
(a) Any theft by a chief administrative officer, either directly or indirectly, of county highway or road money shall be punished under § 39-14-105 .
(b) If any chief administrative officer charged with the collection, safekeeping, transfer, or disbursement of money or property belonging to the county highway department uses or diverts any part of the money or property by loan, investment, or otherwise, without authority of law, or converts any part of the money or property to the chief administrative officer's own use in any way whatsoever, the chief administrative officer commits embezzlement, and for every act, upon conviction, shall be punished as in the case of larceny, and in addition shall be required to pay to the court an amount equal to the amount embezzled. The amount shall be forwarded by the clerk to the county highway department.
Amended by 2013 Tenn. Acts, ch. 308,s 9, eff. 7/1/2013.
Acts 1988, ch. 658, § 1.
Tenn. Code Ann. § 54-5-206 — TN Code / Title 54 / Chapter 5 / Section 54-5-206
Interstate highways routed through municipalities - Maintenance by department
Status: in_force

The department is authorized to maintain the rights-of-way, pavement, and structures of streets over which interstate highway traffic is routed within municipalities and designated by the commissioner as part of the interstate and defense system of highways as defined by the Federal Highway Act of 1956; provided, that the department shall have no authority to maintain or operate lighting systems for or on the streets, but cities and municipalities may maintain and operate the systems in accordance with standards prescribed by the commissioner; and provided, further, that they shall be maintained and operated at the expense of the cities and municipalities. Impl. am. Acts 1959, ch. 9 § 3; Acts 1961, ch. 15, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-552; Acts 1981, ch. 264, § 12.
The department is authorized to maintain the rights-of-way, pavement, and structures of streets over which interstate highway traffic is routed within municipalities and designated by the commissioner as part of the interstate and defense system of highways as defined by the Federal Highway Act of 1956; provided, that the department shall have no authority to maintain or operate lighting systems for or on the streets, but cities and municipalities may maintain and operate the systems in accordance with standards prescribed by the commissioner; and provided, further, that they shall be maintained and operated at the expense of the cities and municipalities.
Impl. am. Acts 1959, ch. 9 § 3; Acts 1961, ch. 15, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-552; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-13-103 — TN Code / Title 54 / Chapter 13 / Section 54-13-103
Petition for local improvement
Status: in_force

Any person desiring authority to make the improvement shall present a petition to the county legislative body of the county where the improvement is to be made, setting forth the nature and object of the application. Code 1858, § 1261 (deriv. Acts 1835-1836, ch. 29, § 6); Shan., § 1725; Code 1932, § 3051; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A. (orig. ed.), § 54-1705.
Any person desiring authority to make the improvement shall present a petition to the county legislative body of the county where the improvement is to be made, setting forth the nature and object of the application.
Code 1858, § 1261 (deriv. Acts 1835-1836, ch. 29, § 6); Shan., § 1725; Code 1932, § 3051; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A. (orig. ed.), § 54-1705.
Tenn. Code Ann. § 54-12-204 — TN Code / Title 54 / Chapter 12 / Section 54-12-204
Classification according to percentage of benefits - Remains basis unless revised
Status: in_force

(a) In making the estimate and apportionment pursuant to [former] § 54-2-203 [repealed], the lands receiving the greatest benefit shall be marked on a scale of one hundred (100), and those benefited in a less degree shall be marked with a percentage of one hundred (100) as the benefit received bears in proportion to the lands receiving the greatest benefit. (b) This classification, when finally established, shall remain a basis for all future assessments connected with the objects of the road improvement district, unless the monthly county court, for good cause, shall authorize a revision of the classification. Acts 1919, ch. 193, § 47; Shan. Supp., § 1682a58; Code 1932, § 2872; modified; T.C.A. (orig. ed.), § 54-1404.
(a) In making the estimate and apportionment pursuant to [former] § 54-2-203 [repealed], the lands receiving the greatest benefit shall be marked on a scale of one hundred (100), and those benefited in a less degree shall be marked with a percentage of one hundred (100) as the benefit received bears in proportion to the lands receiving the greatest benefit.
(b) This classification, when finally established, shall remain a basis for all future assessments connected with the objects of the road improvement district, unless the monthly county court, for good cause, shall authorize a revision of the classification.
Acts 1919, ch. 193, § 47; Shan. Supp., § 1682a58; Code 1932, § 2872; modified; T.C.A. (orig. ed.), § 54-1404.
Tenn. Code Ann. § 54-11-307 — TN Code / Title 54 / Chapter 11 / Section 54-11-307
Appropriations for operation and construction of ferries - Commissioner appointed - Duties
Status: in_force

The county legislative body has the power to: (1) Make appropriations of money, from time to time, to pay persons for operating the ferries, which they may establish; (2) Appoint one (1) or more persons as commissioner, to contract for the building of ferry boats, construction of roads, and to do any other thing necessary for the construction of all proper roads and the establishment of the ferries contemplated by this part; and (3) Make the necessary appropriations of moneys for the payment for the building of ferry boats and construction of roads. Acts 1901, ch. 30, § 2; Shan., § 1720a2; Code 1932, § 3041; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1207.
The county legislative body has the power to:
(1) Make appropriations of money, from time to time, to pay persons for operating the ferries, which they may establish;
(2) Appoint one (1) or more persons as commissioner, to contract for the building of ferry boats, construction of roads, and to do any other thing necessary for the construction of all proper roads and the establishment of the ferries contemplated by this part; and
(3) Make the necessary appropriations of moneys for the payment for the building of ferry boats and construction of roads.
Acts 1901, ch. 30, § 2; Shan., § 1720a2; Code 1932, § 3041; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1207.
Tenn. Code Ann. § 54-11-206 — TN Code / Title 54 / Chapter 11 / Section 54-11-206
Reserved
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 308, s 10, eff. 7/1/2013. Code 1858, § 1215 (deriv. Acts 1804, ch. 1, § 7); Shan., § 1711; Code 1932, § 3021; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1112.
Repealed by 2013 Tenn. Acts, ch. 308, s 10, eff. 7/1/2013.
Code 1858, § 1215 (deriv. Acts 1804, ch. 1, § 7); Shan., § 1711; Code 1932, § 3021; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1112.
Tenn. Code Ann. § 54-5-1104 — TN Code / Title 54 / Chapter 5 / Section 54-5-1104
Display of additional sign panels of same specific service type
Status: in_force

(a) This section only applies to businesses that have participated in the specific service sign program for ten (10) years or more. (b) Where more than six (6) businesses of a specific service type are eligible for sign panels at the same interchange or intersection approach, the department may display additional sign panels of that same specific service type in accordance with Section 2J.04 and other applicable guidelines in the Manual on Uniform Traffic Control Devices. The additional sign panels may be displayed by placing more than one (1) specific service type on the same sign. (c) If the department places more than one (1) specific service type on the same sign pursuant to subsection (b), then the department shall not display more than three (3) types of services on the sign. If three (3) types of services are displayed on a single sign, then the sign panels must be limited to two (2) for each service type. If the department displays two (2) types of services on a single sign, then the sign panels must be limited to either three (3) for each service type, or four (4) for one (1) service type and two (2) for the other service type. Added by 2021 Tenn. Acts, ch. 584,s 1, eff. 7/1/2021.
(a) This section only applies to businesses that have participated in the specific service sign program for ten (10) years or more.
(b) Where more than six (6) businesses of a specific service type are eligible for sign panels at the same interchange or intersection approach, the department may display additional sign panels of that same specific service type in accordance with Section 2J.04 and other applicable guidelines in the Manual on Uniform Traffic Control Devices. The additional sign panels may be displayed by placing more than one (1) specific service type on the same sign.
(c) If the department places more than one (1) specific service type on the same sign pursuant to subsection (b), then the department shall not display more than three (3) types of services on the sign. If three (3) types of services are displayed on a single sign, then the sign panels must be limited to two (2) for each service type. If the department displays two (2) types of services on a single sign, then the sign panels must be limited to either three (3) for each service type, or four (4) for one (1) service type and two (2) for the other service type.
Added by 2021 Tenn. Acts, ch. 584,s 1, eff. 7/1/2021.
Tenn. Code Ann. § 54-17-104 — TN Code / Title 54 / Chapter 17 / Section 54-17-104
Purposes, standards and objectives
Status: in_force

The purposes of this part and its specific objectives and standards are to: (1) Provide for the recovery and conservation of natural scenic beauty along designated scenic highways; (2) Provide a safe and attractive environment for tourists and travelers to enjoy the scenic beauty of the state; (3) Maximize the potential of little used and bypassed sections of highway; (4) Return economic viability to distressed areas through the promotion of tourism; and (5) Provide for preservation of routes of historical significance in urban and rural areas of the state. Acts 1971, ch. 431, § 4; 1973, ch. 9, § 3; modified; T.C.A., § 54-2504.
The purposes of this part and its specific objectives and standards are to:
(1) Provide for the recovery and conservation of natural scenic beauty along designated scenic highways;
(2) Provide a safe and attractive environment for tourists and travelers to enjoy the scenic beauty of the state;
(3) Maximize the potential of little used and bypassed sections of highway;
(4) Return economic viability to distressed areas through the promotion of tourism; and
(5) Provide for preservation of routes of historical significance in urban and rural areas of the state.
Acts 1971, ch. 431, § 4; 1973, ch. 9, § 3; modified; T.C.A., § 54-2504.
Tenn. Code Ann. § 54-5-1201 — TN Code / Title 54 / Chapter 5 / Section 54-5-1201
Short title
Status: in_force

This part shall be known and may be cited as the "Bicentennial Beautification Act of 1993." Acts 1993, ch. 455, § 1.
This part shall be known and may be cited as the "Bicentennial Beautification Act of 1993."
Acts 1993, ch. 455, § 1.
Tenn. Code Ann. § 54-5-142 — TN Code / Title 54 / Chapter 5 / Section 54-5-142
Designation of bicycle routes
Status: in_force

The commissioner may designate and appropriately mark on appropriate state highways, or portions of state highways, routes for the use of bicycles. Acts 1994, ch. 909, § 1.
The commissioner may designate and appropriately mark on appropriate state highways, or portions of state highways, routes for the use of bicycles.
Acts 1994, ch. 909, § 1.
Tenn. Code Ann. § 54-4-402 — TN Code / Title 54 / Chapter 4 / Section 54-4-402
Powers and duties of commissioner
Status: in_force

(a) The commissioner has full power, and it is made the duty of the commissioner, after consultation with local officials, to designate those highways and roads that are considered of sufficient importance to be included in the state-aid highway system. In the selection and designation of highways and roads as part of the state-aid highway system, the commissioner shall consider any highways and roads that are not a part of the state highway system, the number of miles of highways and roads in each county, and the area and population of each county, traffic volume, type of traffic, land use, and function that each route serves in the county road network. (b) After consulting with local officials, the commissioner may make adjustments in the system that appear to be necessary as a result of any change in local conditions and traffic patterns as shown by studies and data of the planning division of the department. (c) The commissioner is authorized to lease to local officials any equipment of the department. Acts 1983, ch. 320, §§ 2, 3; T.C.A., § 54-6-202.
(a) The commissioner has full power, and it is made the duty of the commissioner, after consultation with local officials, to designate those highways and roads that are considered of sufficient importance to be included in the state-aid highway system. In the selection and designation of highways and roads as part of the state-aid highway system, the commissioner shall consider any highways and roads that are not a part of the state highway system, the number of miles of highways and roads in each county, and the area and population of each county, traffic volume, type of traffic, land use, and function that each route serves in the county road network.
(b) After consulting with local officials, the commissioner may make adjustments in the system that appear to be necessary as a result of any change in local conditions and traffic patterns as shown by studies and data of the planning division of the department.
(c) The commissioner is authorized to lease to local officials any equipment of the department.
Acts 1983, ch. 320, §§ 2, 3; T.C.A., § 54-6-202.
Tenn. Code Ann. § 54-22-104 — TN Code / Title 54 / Chapter 22 / Section 54-22-104
State eminent domain powers
Status: in_force

The state is vested with full powers of eminent domain in the premises. Acts 1985, ch. 265, § 6.
The state is vested with full powers of eminent domain in the premises.
Acts 1985, ch. 265, § 6.
Tenn. Code Ann. § 54-17-111 — TN Code / Title 54 / Chapter 17 / Section 54-17-111
Trash dumping prohibited - Penalties
Status: in_force

Dumping or disposal of trash or refuse within five hundred feet (500') of the highway right-of-way is specifically prohibited, and the usual penalties for littering state highways are doubled in the case of scenic highways. Acts 1971, ch. 431, § 11; modified; T.C.A., § 54-2511.
Dumping or disposal of trash or refuse within five hundred feet (500') of the highway right-of-way is specifically prohibited, and the usual penalties for littering state highways are doubled in the case of scenic highways.
Acts 1971, ch. 431, § 11; modified; T.C.A., § 54-2511.
Tenn. Code Ann. § 54-5-603 — TN Code / Title 54 / Chapter 5 / Section 54-5-603
Inapplicable within boundaries of municipal corporation
Status: in_force

This part shall not apply within the boundaries of municipal corporations. Acts 1961, ch. 21, § 3; T.C.A., § 54-561.
This part shall not apply within the boundaries of municipal corporations.
Acts 1961, ch. 21, § 3; T.C.A., § 54-561.
Tenn. Code Ann. § 54-5-1304 — TN Code / Title 54 / Chapter 5 / Section 54-5-1304
Competitive bidding
Status: in_force

With respect to a TODS sign, the department shall not enter into a contract for the procurement of signs or other goods or for contracts for services unless the contract is objectively and competitively bid, pursuant to former § 12-3-102(a)(8) . The department shall not use the request for proposals (RFP) procedure in the contracting process. The signs shall be subject to the requirements of part 11 of this chapter. Acts 1995, ch. 518, § 5.
With respect to a TODS sign, the department shall not enter into a contract for the procurement of signs or other goods or for contracts for services unless the contract is objectively and competitively bid, pursuant to former § 12-3-102(a)(8) . The department shall not use the request for proposals (RFP) procedure in the contracting process. The signs shall be subject to the requirements of part 11 of this chapter.
Acts 1995, ch. 518, § 5.
Tenn. Code Ann. § 54-17-208 — TN Code / Title 54 / Chapter 17 / Section 54-17-208
Severability
Status: in_force

If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part which can be given effect without the invalid provision or application, and to that end the provisions of this part are declared to be severable. Acts 2020, ch. 706, § 7.
If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part which can be given effect without the invalid provision or application, and to that end the provisions of this part are declared to be severable.
Acts 2020, ch. 706, § 7.
Tenn. Code Ann. § 54-1-602 — TN Code / Title 54 / Chapter 1 / Section 54-1-602
Limitation on number of alternative delivery contracts per fiscal year
Status: in_force

(a) The department shall not procure more than twenty-eight (28) alternative delivery contracts per fiscal year. (b) Subsection (a) only applies to projects funded by the state highway fund and does not apply to projects funded by the transportation modernization fund, discretionary funds, or federal grant program funds. Added by 2023 Tenn. Acts, ch. 159, s 31, eff. 4/17/2023.
(a) The department shall not procure more than twenty-eight (28) alternative delivery contracts per fiscal year.
(b) Subsection (a) only applies to projects funded by the state highway fund and does not apply to projects funded by the transportation modernization fund, discretionary funds, or federal grant program funds.
Added by 2023 Tenn. Acts, ch. 159, s 31, eff. 4/17/2023.
Tenn. Code Ann. § 54-5-602 — TN Code / Title 54 / Chapter 5 / Section 54-5-602
Signal light declared public nuisance
Status: in_force

A signal light installed and maintained on a state highway without the authority of the commissioner is declared a public nuisance that may be abated by the employees of the department at the direction of the commissioner or, upon the commissioner's request, by any peace officer, or by civil actions or suits brought in the circuit or chancery courts as provided by the general law. Impl. am. Acts 1959, ch. 9, § 3; Acts 1961, ch. 21, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-560; Acts 1981, ch. 264, § 12.
A signal light installed and maintained on a state highway without the authority of the commissioner is declared a public nuisance that may be abated by the employees of the department at the direction of the commissioner or, upon the commissioner's request, by any peace officer, or by civil actions or suits brought in the circuit or chancery courts as provided by the general law.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1961, ch. 21, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-560; Acts 1981, ch. 264, § 12.
Tenn. Code Ann. § 54-10-215 — TN Code / Title 54 / Chapter 10 / Section 54-10-215
Controversy to be heard at first term
Status: in_force

The court in which any suit or controversy for establishing a ferry or laying out a road is pending shall hear and determine it at the first term after it is docketed. Code 1858, § 1193 (deriv. Acts 1817, ch. 35, § 1); Shan., § 1633a1; mod. Code 1932, § 2744; T.C.A. (orig. ed.), § 54-919.
The court in which any suit or controversy for establishing a ferry or laying out a road is pending shall hear and determine it at the first term after it is docketed.
Code 1858, § 1193 (deriv. Acts 1817, ch. 35, § 1); Shan., § 1633a1; mod. Code 1932, § 2744; T.C.A. (orig. ed.), § 54-919.
Tenn. Code Ann. § 54-11-303 — TN Code / Title 54 / Chapter 11 / Section 54-11-303
Joint ferries over streams separating counties
Status: in_force

(a) It is lawful for any two (2) or more counties separated by a stream, navigable or unnavigable, to unite in the erection, establishment, and operation of a ferry over the stream, each of the counties, if not more than two (2), paying one-half (½) of all the expenses incurred in the erection and maintenance. (b) If more than two (2) counties combine in the improvement and work, each shall pay an equal part of the expense, or they may meet the expense under terms they may provide by contract. Acts 1911, ch. 13, § 3; Shan., § 1720a5; Code 1932, § 3044; T.C.A. (orig. ed.), § 54-1203.
(a) It is lawful for any two (2) or more counties separated by a stream, navigable or unnavigable, to unite in the erection, establishment, and operation of a ferry over the stream, each of the counties, if not more than two (2), paying one-half (½) of all the expenses incurred in the erection and maintenance.
(b) If more than two (2) counties combine in the improvement and work, each shall pay an equal part of the expense, or they may meet the expense under terms they may provide by contract.
Acts 1911, ch. 13, § 3; Shan., § 1720a5; Code 1932, § 3044; T.C.A. (orig. ed.), § 54-1203.
Tenn. Code Ann. § 54-16-107 — TN Code / Title 54 / Chapter 16 / Section 54-16-107
Control over local service roads
Status: in_force

(a) In connection with the development of any controlled-access facility, the highway authorities of the state, county, city or town are authorized to plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets or to designate as local service roads and streets any existing road or street, and to exercise jurisdiction over service roads in the same manner as is authorized over controlled-access facilities under the terms of this chapter, if in their opinion the local service roads and streets are necessary or desirable. (b) The local service roads or streets shall be of appropriate design, and shall be separated from the controlled-access facility proper by means of all devices designated as necessary or desirable by the proper authority. Acts 1955, ch. 147, § 7; T.C.A., § 54-2007.
(a) In connection with the development of any controlled-access facility, the highway authorities of the state, county, city or town are authorized to plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets or to designate as local service roads and streets any existing road or street, and to exercise jurisdiction over service roads in the same manner as is authorized over controlled-access facilities under the terms of this chapter, if in their opinion the local service roads and streets are necessary or desirable.
(b) The local service roads or streets shall be of appropriate design, and shall be separated from the controlled-access facility proper by means of all devices designated as necessary or desirable by the proper authority.
Acts 1955, ch. 147, § 7; T.C.A., § 54-2007.
Tenn. Code Ann. § 54-5-110 — TN Code / Title 54 / Chapter 5 / Section 54-5-110
Alteration of location and grades of road - Rights-of-way acquired by counties or commissioner - Filing of right-of-way plans - Appraisals
Status: in_force

(a) (1) Whenever the commissioner finds it necessary or advisable, the commissioner has the power to alter the course or grade or otherwise improve any road selected, adopted, or accepted for federal or state aid, and take over and improve as a state highway. (2) The counties in which the roads lie have the authority to acquire for the benefit of the state rights-of-way for the roads, either by donations by owners of the land through which the highways will run, by agreement between the owners and the county, or by the exercise of the power of eminent domain that is expressly conferred upon the counties; provided, that if the county authorities through which the road is designated do not act immediately upon request of the commissioner for the procurement and furnishing of rights-of-way, there is expressly given to the commissioner the right on behalf of the state to condemn by eminent domain all rights-of-way for the roads, all bluffs, gravel pits, and any and all other road material found necessary or advisable to be used by the commissioner; and provided, further, that the commissioner is empowered immediately upon the filing of the petition for condemnation of the rights-of-way and of road material to take possession of the designated rights-of-way, road material and other property sought to be condemned. (b) (1) The state, when it exercises its power of eminent domain to make acquisitions for road purposes, or when it acquires land by voluntary purchase for road purposes, shall cause to be filed and recorded in the office of the register in the county where the acquisition is located the final right-of-way plans. The plans shall accurately portray the right-of-way, land, material, easement, or other legal right acquired and the precise location of the right-of-way, land, material, easement, or other legal right. (2) "Final right-of-way plans" means the entire plans of the project in any particular county, subject to subdivision (b)(1). (c) Notwithstanding any law or regulation to the contrary, when acquiring land by voluntary purchase for road purposes, the state, through the department of transportation or any agent of the department of transportation, shall, upon the request of the landowner, allow the landowner or the landowner's representative to examine the entire appraisal, if an appraisal was conducted. If an appraisal was not conducted, the landowner or landowner's representative may examine any other documents used to determine the proposed purchase price. This examination shall take place at the department's office for the region in which the property in question lies. Acts 1919, ch. 149, § 9; impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b9; Code 1932, § 3178; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; Acts 1979, ch. 164, § 1; T.C.A. (orig. ed.), § 54-510; Acts 1981, ch. 264, § 12; 2000, ch. 940, § 1.
(a) (1) Whenever the commissioner finds it necessary or advisable, the commissioner has the power to alter the course or grade or otherwise improve any road selected, adopted, or accepted for federal or state aid, and take over and improve as a state highway. (2) The counties in which the roads lie have the authority to acquire for the benefit of the state rights-of-way for the roads, either by donations by owners of the land through which the highways will run, by agreement between the owners and the county, or by the exercise of the power of eminent domain that is expressly conferred upon the counties; provided, that if the county authorities through which the road is designated do not act immediately upon request of the commissioner for the procurement and furnishing of rights-of-way, there is expressly given to the commissioner the right on behalf of the state to condemn by eminent domain all rights-of-way for the roads, all bluffs, gravel pits, and any and all other road material found necessary or advisable to be used by the commissioner; and provided, further, that the commissioner is empowered immediately upon the filing of the petition for condemnation of the rights-of-way and of road material to take possession of the designated rights-of-way, road material and other property sought to be condemned.
(1) Whenever the commissioner finds it necessary or advisable, the commissioner has the power to alter the course or grade or otherwise improve any road selected, adopted, or accepted for federal or state aid, and take over and improve as a state highway.
(2) The counties in which the roads lie have the authority to acquire for the benefit of the state rights-of-way for the roads, either by donations by owners of the land through which the highways will run, by agreement between the owners and the county, or by the exercise of the power of eminent domain that is expressly conferred upon the counties; provided, that if the county authorities through which the road is designated do not act immediately upon request of the commissioner for the procurement and furnishing of rights-of-way, there is expressly given to the commissioner the right on behalf of the state to condemn by eminent domain all rights-of-way for the roads, all bluffs, gravel pits, and any and all other road material found necessary or advisable to be used by the commissioner; and provided, further, that the commissioner is empowered immediately upon the filing of the petition for condemnation of the rights-of-way and of road material to take possession of the designated rights-of-way, road material and other property sought to be condemned.
(b) (1) The state, when it exercises its power of eminent domain to make acquisitions for road purposes, or when it acquires land by voluntary purchase for road purposes, shall cause to be filed and recorded in the office of the register in the county where the acquisition is located the final right-of-way plans. The plans shall accurately portray the right-of-way, land, material, easement, or other legal right acquired and the precise location of the right-of-way, land, material, easement, or other legal right. (2) "Final right-of-way plans" means the entire plans of the project in any particular county, subject to subdivision (b)(1).
(1) The state, when it exercises its power of eminent domain to make acquisitions for road purposes, or when it acquires land by voluntary purchase for road purposes, shall cause to be filed and recorded in the office of the register in the county where the acquisition is located the final right-of-way plans. The plans shall accurately portray the right-of-way, land, material, easement, or other legal right acquired and the precise location of the right-of-way, land, material, easement, or other legal right.
(2) "Final right-of-way plans" means the entire plans of the project in any particular county, subject to subdivision (b)(1).
(c) Notwithstanding any law or regulation to the contrary, when acquiring land by voluntary purchase for road purposes, the state, through the department of transportation or any agent of the department of transportation, shall, upon the request of the landowner, allow the landowner or the landowner's representative to examine the entire appraisal, if an appraisal was conducted. If an appraisal was not conducted, the landowner or landowner's representative may examine any other documents used to determine the proposed purchase price. This examination shall take place at the department's office for the region in which the property in question lies.
Acts 1919, ch. 149, § 9; impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b9; Code 1932, § 3178; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; Acts 1979, ch. 164, § 1; T.C.A. (orig. ed.), § 54-510; Acts 1981, ch. 264, § 12; 2000, ch. 940, § 1.