reglab/housing_qa huggingface dataset:
TN Code § 69-5-105 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-105. Compensation of Attorneys

 The petitioners for the proposed district are authorized to employ counsel or attorneys to assist in filing the petition and in all preliminary matters necessary in having such district established, and attending to the matters thereof, so far as may be necessary and so far as the county court may think needed after the district is ordered established, contracting with such attorneys for the amount to be paid for their services, which contract shall be approved by the county court, if deemed reasonable; and if not deemed reasonable, the county court shall, by order, fix the amount to be allowed for such legal services, the court fixing such amount as it deems reasonable and proper; and the amount of fees thus fixed shall become a debt and charge against the district as other preliminary expenses are, such as charges for services of an engineer, and be paid in like manner.
TN Code § 69-5-106 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-106. Petitioners' Committee

 The petitioners are authorized to select from their number a committee of three (3) or five (5), as they shall deem expedient, which committee shall act for the petitioners in all such preliminary matters as their services may be needed in having the district established, and which committee shall have the power to bind the petitioners in all preliminary matters looking to the establishment of the district. This committee shall elect out of its members such officers as it deems necessary, and shall keep a record of the committee's proceedings. The members of this committee shall receive for service such compensation as shall be fixed by the county court, which shall be paid out of the funds of the district when established in the same way as is provided for the payments of other just charges against the district.
TN Code § 69-5-107 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-107. Preliminary Hearing — Notice and Requisites

 When a petition is filed with all the necessary allegations, is sworn to by one (1) or more petitioners, and shows that fifty-one percent (51%) in acres of the land within the bounds of the district sought to be created is owned by the petitioners, and as further required by § 69-5-103; when the petition is accompanied by a general plat, and a general description of the district sought to be created; when a description, by surrounding landowners, is given in the petition, of the respective tracts of land within the bounds and the names of the owners of the tracts, who are not petitioners are set out in the petition; when the petitioners ask that provision be made for funds to defray the preliminary costs and expenses up to the stage in the proceedings where the report of the commissioners for the assessment of benefits have been filed and confirmed; and when the court deems it expedient that provision should be made for such a fund, to cover the preliminary costs and expenses; then the court shall set a day for the hearing, and direct that publication for all landowners set out in the petition, who are not petitioners, be made in some newspaper published in the county in which the district is located, and if located in more than one (1) county, then in a newspaper in each county, in which the lands in the proposed district are located, the publications to be for three (3) consecutive weeks, the last publication to be at least ten (10) days before the day set for the hearing; and the publication shall notify such landowners of the pending suit, the prayer for the creation of a fund to pay the preliminary costs and expenses, the day fixed for the hearing, and notify them to appear and show cause why an assessment to create the fund should not be made.
TN Code § 69-5-108 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-108. Preliminary Hearing — Procedure and Decree

 The landowners shall make their appearance and file their objections, if any, on or before twelve o'clock (12:00) noon of the day set for hearing. After the hour fixed for the filing of objections, the court shall proceed to hear and determine the matter of making an assessment to raise a fund for the payment of the preliminary costs and expenses. The court will determine from proof offered, approximately, the amount necessary to cover the cost and expenses, and if the court is of the opinion that it is not expedient to make an assessment for such purposes, the court will so decree; but if the court is of the opinion that it is expedient, the court will make an assessment for the amount determined, upon the respective tracts of land set out in the petition, and make the assessment on the basis of acreage.
TN Code § 69-5-109 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-109. Appeal From Preliminary Decree

 Any party aggrieved may appeal from the decision of the court in making or refusing to make the assessment. The appeal shall be made in the same manner and upon the same terms provided for appeals from the action of the court in creating or refusing to create a drainage district as provided in part 5 of this chapter.
TN Code § 69-5-110 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-110. Assessment Book — Collection by County Trustee

 When the assessment has been made, the court will fix the dates within which the assessment shall be collected. The county clerk shall make out an assessment list, or book, giving alphabetically the name of the owner, and the boundaries of the land, the number of acres, and the amount assessed against each tract, and the clerk will make the same substantially in the form used for state and county tax books, and when so made the clerk will certify the same to the trustee of the county, and it shall be the duty of the trustee of the county to proceed at once to collect the assessments within the dates prescribed by the court. The trustee will pay the amount collected on the assessments to the county clerk, to be paid out on the cost and expenses under the orders of the court; and for collecting and paying over the assessments, the trustee will be allowed as compensation for collection and paying over the funds, two percent (2%) of the amount collected and paid over.
TN Code § 69-5-111 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-111. Collection of Assessment by Other Counties

 If the district sought to be created embraces lands lying in more than one (1) county, the clerk of the county in which the petition was filed and in which the matter is pending will make out the assessment list, or book, for the entire district, and shall then copy so much of the assessment roll, or book, as contains the assessment on lands in any county, other than the county where the petition was filed, and the matter is pending, and certify under seal, that it is a correct copy of that part or portion of such roll, or book, and transmit or deliver it to the trustee of such other county, and take a receipt for it; and it shall be the duty of such trustee to receive and receipt for it, and collect it, and pay over the amount collected to the clerk of the county where the petition was filed, and the matter is pending.
TN Code § 69-5-112 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-112. Assessment Constitutes Lien

 The assessment so made shall be a lien upon the respective tracts of land upon which it is assessed; and this lien shall be enforced in the same manner as provided for the enforcement of liens in §§ 69-5-819 — 69-5-823.
TN Code § 69-5-113 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-113. Assessments — Bonds of County Trustee and County Clerk

 The county trustee or trustees, before receiving the assessment roll, or book, and proceeding to the collection of the assessments, and the county clerk, before receiving the funds from the trustee or trustees, shall, respectively, enter into a bond in double the amount that will come into their hands, respectively, payable to the state of Tennessee, and conditioned for the faithful paying over and accounting for the funds arising from the assessment.
TN Code § 69-5-114 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-114. Proceedings for Preliminary Expense Fund Not to Delay Other Proceedings — Application of Acreage Provision

 This proceeding to create a fund for the payment of the cost and expenses shall not interfere with or delay the other proceedings, and the matter, in all other respects, may be proceeded with as provided in this part, and by law; provided, that the above percent acreage provision of § 69-5-107 shall only apply to and be limited to a proceeding under §§ 69-5-107 — 69-5-115(a).
TN Code § 69-5-115 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-115. Engineer

  After such petition has been so filed and bond taken and approved, the county court shall, at the first session thereafter, regular, special, or adjourned, and may at a later session, appoint a disinterested and competent engineer and have placed in the engineer's hands a copy of the petition.   The engineer shall proceed to examine the lands described in the petition, and any other lands that would be benefited by the improvement, or necessary in carrying out such improvement, and survey and locate such drain or drains, ditch or ditches, levee or levees, improvement or improvements, as may be practicable to carry out the purposes of the petition and that will be of public benefit or utility or conducive to the public health or welfare.   Engineers appointed by the county courts shall be paid for their services at such rates as the courts appointing them may fix, and, if not so fixed, at the rate of five dollars ($5.00) per day while engaged in the work, and, in addition, all actual traveling expenses, an itemized account of such expenses to be kept by them and reported and sworn to.   The engineer shall return and file the proceedings with the county clerk, which return shall set forth the starting point, the route, the terminus, or termini of the ditch or ditches, drain or drains, levee or levees, or other improvements, such as the straightening or shortening of watercourses, cleaning out the beds thereof, together with a plat and profile showing the ditches, drains, or other improvements, and the course and length of the same, approximately, through each tract of land as far as may be practicable, and the total length and the course and the elevation, as near as may be, of all lakes, ponds, and deep depressions in the district, and the fall obtainable across the district, and the boundary of the proposed district, and the description of each tract of land in the district, as shown by the tax books, and the names of the owners of the tract, as shown by the tax books, together with the probable cost of the improvement, and such other facts and recommendations as the engineer may deem material.   The court may at any time recall the appointment of any engineer, if deemed advisable to do so, and appoint another to act in the engineer's place.
TN Code § 69-5-116 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-116. Location of Drains and Ditches

 The ditches and drains provided for shall be surveyed and located along the general course of the natural streams and watercourses, or in the general course of the natural drainage of the lands of the district, unless there is some special and good reason why the natural course should be departed from to secure a new and better outlet, having due regard to the straightening and shortening of such natural streams, watercourses, and course of natural drainage.
TN Code § 69-5-117 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-117. Drains and Ditches Crossing Railroad Property

 When such ditch or drain crosses any railroad track or right-of-way, it shall be located at the place of the natural waterway across the right-of-way, unless the railroad company has provided another place in the construction of its roadbed for flow of the water, or unless another place for so crossing its right-of-way is agreed upon by the railroad company; and if located at the place provided by or agreed upon by the railroad company, such company shall be estopped from afterwards objecting to such location on the ground that it is not the place of the natural waterway.
TN Code § 69-5-118 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-118. Engineer's Assistants

 The engineer may employ necessary help, such as axmen, rodmen, returning an itemized expense account, or the court may contract with such engineer to furnish all such help, and to do the entire work, or any specific part thereof, for a sum stipulated and agreed upon.
TN Code § 69-5-119 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-119. Plan Approval or Rejection

 Upon the filing of the return of the engineer, the 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 this part, but if it does not appear to be expedient, or is not approved, the court is authorized to direct the engineer, or another engineer selected by it, to prepare another plan. If the court should deem the proposed improvement inexpedient or inadvisable, after an examination of the return of the engineer, or after a second or 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.
TN Code § 69-5-120 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-120. Issuance and Service of Summons Upon Approval of Plan

  When the plan, if any, has the approval of the court, the court shall order the county clerk to issue a summons, or writ, to the sheriff of the proper county, the writs to run in the name of the state, commanding the sheriff to summon the persons named in the writ to appear before the court on the day set by it for the hearing of the petition. The writ or summons shall name to be served the owners of all the tracts or lots of land not petitioners, within the proposed levee, improvement, or drainage district, as shown by the tax books of the county, or by affidavit filed, and upon the persons in actual occupancy of the lands or lots, and also upon any lienholder or encumbrancers of any land in the proposed district, as shown by the county records, and shall notify them of the pendency of the petition and the prayer of the petition; but no copy of the petition shall accompany the writ.   Such writ shall be served at least ten (10) days before the time set for the hearing of the petition; but the writ shall not be issued for or served upon any of the persons described in subsection (a), who shall file with the clerk a statement in writing, signed by the party entering an appearance at the hearing and waiving any additional notice, or the service of the writ may be acknowledged.   In case any such owner, lienholder, or encumbrancer is a nonresident of the state, or that person's name or residence cannot be ascertained after diligent inquiry, and these facts are made to appear by affidavit filed, then publication shall be made for such party for two (2) consecutive weeks in some newspaper of the county where the proceeding is pending notifying such party or parties of the pendency and prayer of the petition, and to appear at the time set for the hearing of the petition, the last publication to be at least ten (10) days before the time set for such hearing. Proof of such publication may be made as provided by law in chancery cases. The actual owners, or such encumbrancers, may be made to appear to the clerk by the affidavit of any person acquainted with the facts or by the averments of the petition if sworn to.   Such writ, or summons, and the publication notice need not set out in any detail the contents of the petition, or of its prayer.
TN Code § 69-5-121 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-121. Hearing Postponed Pending Notice — Hearing Without Formal Answers

 If, at the time set for the hearing, it appears to the court that any person entitled to notice as provided has not had such notice, the hearing shall be adjourned until such person can be given the required notice, and the court shall not lose jurisdiction of the subject matter or of the person already properly notified by such adjournment or postponement. The persons concerned may appear and be heard without formally answering such petition in writing.
TN Code § 69-5-122 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-122. Further Examination and Report by Engineer

 At such hearing, the court may order the engineer, or a new engineer appointed by the court, if deemed advisable, to make further examination and report to the court as to the improvement, in which event the hearing shall be continued until the filing of such further report.
TN Code § 69-5-123 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-123. Special Assessment to Pay Preliminary Costs and Expenses

 After the report of the engineer has been filed, accompanied by the plat and a description of the land included within the proposed district, and a description of the surrounding landowners, of the respective tracts of land within the proposed district, and the names of the owners of the tracts, the court shall have the power, if it deems it expedient, to make a special assessment upon all the lands within the proposed district for an amount sufficient to pay the costs and expenses already incurred to the date of filing of the engineer's report, including the expenses in collecting the special assessment.
TN Code § 69-5-124 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-124. Special Assessment — Petition — Notice of Hearing

 A special assessment shall be made only upon petition signed and sworn to by one (1) or more persons owning land within the proposed district, and praying that provision be made for funds to defray the preliminary costs and expenses already incurred up to that stage of the proceedings. Upon the filing of such petition, the court shall set a day for the hearing of that matter and direct that publication for all landowners within the proposed district who are not petitioners in the petition be made in some newspaper published in the county in which the district is located, and if located in more than one (1) county, then in a publication in each county in which the land in the proposed district is located, the publication to be made for three (3) consecutive weeks, the last publication to be at least ten (10) days before the day set for the hearing. The publication shall notify such landowners of the pending suit and the prayer of the petition for the creation and collection of a fund to pay the preliminary costs and expenses and the day fixed for the hearing, and notify the landowners not petitioners in the petition to appear and show cause why an assessment to create the fund should not be made. The landowners shall make their appearance and file their objections, if any, on or before twelve o'clock (12:00) noon of the day set for hearing.
TN Code § 69-5-125 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-125. Special Assessment — Hearing — Amount and Basis of Assessment

 After the hour fixed for the filing of objections, the court shall proceed to hear and determine the matter of making an assessment to raise a fund for the payment of the preliminary costs and expenses. The court will determine from proof offered the amount necessary to cover the cost and expenses, and if the court is of the opinion that it is not expedient to make an assessment for such purposes, the court will so decree; but if the court is of the opinion that it is expedient, the court will make an assessment for the amount determined upon the respective tracts of land in the proposed improvement district, and make the assessment on the basis of acreage.
TN Code § 69-5-126 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-126. Special Assessment — Appeal

 Any party aggrieved may appeal from the decision of the court in making or refusing to make the assessment. The appeal shall be made in the same manner and upon the same terms provided for appeals from the action of the court in creating or refusing to create a drainage district as provided in part 5 of this chapter.
TN Code § 69-5-127 (2021)
2021 Tennessee Code|Title 69 - Waters, Waterways, Drains and Levees|Chapter 5 - Drainage and Levee Districts|Part 1 - Establishment and General Provisions|§ 69-5-127. Special Assessment — Collection

 When the assessment has been made, the court shall fix the dates within which it shall be collected, and the county clerk shall make out an assessment list or book, giving alphabetically the name of the owner, and the boundaries of the land, the number of acres, and the amount assessed against each tract. The county clerk will make the assessment list or book substantially in the form used for state and county tax books, and when so made shall certify it to the trustee of the county, and it shall be the duty of the trustee of the county to proceed at once to collect the assessments within the dates prescribed by the court. The trustee shall pay the amount collected on the assessment to the county clerk, to be paid out on the cost and expenses under the orders of the court, and for collecting and paying over the assessments, the trustee will be allowed, as compensation for collecting and paying over the funds, two percent (2%) of the amount collected and paid over.