reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 14 - PRIVATE ROADS (§§ 54-14-101 — 54-14-119) › Section 54-14-113 - Report modified, and easement of way granted, upon payment of damages, costs, and, if awarded, attorney's fees

(a)
The report may be modified by the court and the easement or right-of-way may be granted or decreed to the petitioners as the court may deem proper upon the payment to the defendant, or to the clerk of the court for the defendant's use, of the damages assessed, with costs and, if awarded pursuant to subsection (b), attorney's fees.
(b)
In addition to the damages and costs awarded to the defendant as provided by §§
54-14-103
and
54-14-109
, the court may award reasonable attorney's fees to the defendant. The court shall not award attorney's fees if the court finds the defendant has acted in bad faith.
Amended by 2020 Tenn. Acts, ch. 703, s 5, eff. 6/22/2020.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a11; Code 1932, § 2757; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1913.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 14 - PRIVATE ROADS (§§ 54-14-101 — 54-14-119) › Section 54-14-114 - Appeal from jury of view - New trial before a jury summoned in usual way - Exclusive remedy

(a)
Within thirty (30) days, either party may appeal to the court from the finding of the jury of view, and demand a trial by a jury and, upon giving security for costs, may have a new trial before a jury of twelve (12) persons to be summoned and impaneled by the court in the usual way.
(b)
The demand for a trial by a jury in accordance with subsection (a) shall be the exclusive remedy for relief from the finding of a jury of view and no other appeal from the finding shall lie. The jury must either affirm the finding of the jury of view or set apart a different quantity of land or property for ingress or egress to the land of the petitioner; but, in no event, shall the party petitioning for a right of way pursuant to this part be left without a sufficient outlet of ingress and egress.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a12; Code 1932, § 2758; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), §54-1914; Acts 2008 , ch. 1082, § 4.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 14 - PRIVATE ROADS (§§ 54-14-101 — 54-14-119) › Section 54-14-115 - Verdict affirming jury of view or more unfavorable to appellant - Costs

If the verdict of the jury upon the trial affirms the finding of the jury of view, or is more unfavorable to the appellant than the finding of the jury, the costs shall be adjudged against the appellant; otherwise, the court may award costs as in chancery cases.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a13; Code 1932, § 2759; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1915.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 14 - PRIVATE ROADS (§§ 54-14-101 — 54-14-119) › Section 54-14-116 - Writ of possession to petitioners

Upon the hearing of the case by the court or upon the judgment being pronounced on the verdict of the jury, the court may order a writ of possession to issue to place the petitioners in possession of the easement or right-of-way awarded to them.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a14; Code 1932, § 2760; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1916.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 14 - PRIVATE ROADS (§§ 54-14-101 — 54-14-119) › Section 54-14-117 - Easement belongs to owners of lands benefited - Reversion when not used

The easement or right-of-way shall belong to the owners of the lands benefited by the easement or right-of-way, and continue as long as the easement or right-of-way is used and maintained by them, their heirs or assigns, but upon the easement or right-of-way falling into nonuse or when the easement or right-of-way is not maintained or kept up, it shall cease and the original owner or owners of the servient land, their heirs or assigns may take possession of the easement or right-of-way to the exclusion of all other parties.
Acts 1921, ch. 75, § 3; Shan. Supp., § 1634a15; Code 1932, § 2761; T.C.A. (orig. ed.), § 54-1917.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 14 - PRIVATE ROADS (§§ 54-14-101 — 54-14-119) › Section 54-14-118 - Mutual use easement or right-of-way

In lieu of the absolute easement or right-of-way provided for in this chapter, the court, in its discretion, may grant a mutual use easement or right-of-way to the petitioner or petitioners and the owner or owners of the servient land. Under a mutual use easement or right-of-way, the petitioner shall be required to pay the damages assessed by the jury and the costs, ownership to the land shall not be affected and both the petitioner and the owner of the servient land shall have the right to use the easement or right-of-way.
Acts 1991, ch. 337, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 14 - PRIVATE ROADS (§§ 54-14-101 — 54-14-119) › Section 54-14-119 - No right to easement or right-of-way if cut-off or obstruction result of intentional and knowing action of the owner of surrounding land

Notwithstanding §
54-14-102
, there is no right to have an easement or right-of-way condemned and set aside for the benefit of the land surrounded or enclosed by the lands of any other person if the court determines that the ingress or egress to and from the surrounded or enclosed land is cut off or obstructed entirely from a public road or highway as a result of the intentional and knowing action of the owner of the surrounded or enclosed land.
Acts 2020, ch. 703, § 3.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 16 - CONTROLLED-ACCESS FACILITIES (§§ 54-16-101 — 54-16-113) › Section 54-16-101 - "Controlled-access facility" defined

(a)
For the purposes of this chapter, "controlled-access facility" means a highway or street specially designed for through traffic, and over, from or to which owners or occupants of abutting land or other persons have no right or easement of access from abutting properties.
(b)
The highways or streets may be parkways, from which trucks, buses, and other commercial vehicles shall be excluded; or they may be freeways open to use by all customary forms of street and highway traffic.
Acts 1955, ch. 147, § 1; T.C.A., § 54-2001.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 16 - CONTROLLED-ACCESS FACILITIES (§§ 54-16-101 — 54-16-113) › Section 54-16-102 - Authorization - State and local powers granted

(a)
The highway authorities of the state, counties, cities, and towns, acting alone or in cooperation with each other or with any federal, state, or local agency, or any other state having authority to participate in the construction and maintenance of highways, are authorized to plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide controlled-access facilities for public use wherever the authority or authorities are of the opinion that traffic conditions, present or future, justify the special facilities; provided, that within cities and towns the authority shall be subject to municipal consent as may be provided by law.
(b)
The highway authorities of the state, counties, cities, or towns, in addition to the specific powers granted in this chapter, also have and may exercise, relative to controlled-access facilities, any and all additional authority now or hereafter vested in them relative to highways or streets within their respective jurisdictions.
(c)
The authorities may regulate, restrict, or prohibit the use of the controlled-access facilities by the various classes of vehicles or traffic in a manner consistent with §
54-16-101
.
Acts 1955, ch. 147, § 2; T.C.A., § 54-2002.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 16 - CONTROLLED-ACCESS FACILITIES (§§ 54-16-101 — 54-16-113) › Section 54-16-103 - Construction and design - Control of traffic

(a)
The highway authorities of the state, counties, cities, and towns are authorized to design any controlled-access facility and to regulate, restrict, or prohibit access to best serve the traffic for which the facility is intended, and their determination of the design shall be final. In this connection, the highway authorities are authorized to divide and separate any controlled-access facility into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations, or by designating the separate roadways by signs, markers, stripes, and other devices.
(b)
No person shall have any right of ingress or egress to, from or across controlled-access facilities to or from abutting lands, except at designated points at which access may be permitted, upon terms and conditions that may be specified from time to time.
Acts 1955, ch. 147, § 3; T.C.A., § 54-2003.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 16 - CONTROLLED-ACCESS FACILITIES (§§ 54-16-101 — 54-16-113) › Section 54-16-104 - Acquisition of property - Title acquired

(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.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 16 - CONTROLLED-ACCESS FACILITIES (§§ 54-16-101 — 54-16-113) › Section 54-16-105 - Grade separation - Access connections

(a)
The highway authority may designate and establish controlled-access highways as new and additional facilities or may designate and establish an existing street or highway as included within a controlled-access facility.
(b)
(1)
The state or any of its subdivisions have the authority to provide for the elimination of intersections at grade of controlled-access facilities with existing state and county roads, and city or town streets, by grade separation of service road, or by closing off the roads and streets at the right-of-way boundary line of the controlled-access facility.
(2)
After the establishment of any controlled-access facility, no highway or street that is not part of the facility shall intersect the facility at grade.
(c)
No city or town street, county or state highway, or other public way shall be opened into or connected with the controlled-access facility without the consent and previous approval of the highway authority in the state, county, city or town having jurisdiction over the controlled-access facility. Consent and approval shall be given only if the public interest shall be served by the consent and approval.
(d)
Any abutting property owner claiming damages by virtue of the closing of any street or road on which the owner's property abuts shall have a right of action as provided by §
29-16-123
.
Acts 1955, ch. 147, § 5; T.C.A., § 54-2005.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 16 - CONTROLLED-ACCESS FACILITIES (§§ 54-16-101 — 54-16-113) › Section 54-16-106 - Agreements between public agencies

The highway authorities of the state, counties, cities, and towns are authorized to enter into agreements with each other, or with the federal government, respecting the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of controlled-access facilities or other public ways in their respective jurisdictions, to facilitate the purposes of this chapter.
Acts 1955, ch. 147, § 6; T.C.A., § 54-2006.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 16 - CONTROLLED-ACCESS FACILITIES (§§ 54-16-101 — 54-16-113) › Section 54-16-107 - Control over local service roads

(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.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 16 - CONTROLLED-ACCESS FACILITIES (§§ 54-16-101 — 54-16-113) › Section 54-16-108 - Rules of the road - Violations - Penalties

(a)
It is unlawful for any person to:
(1)
Drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on controlled-access facilities;
(2)
Make a left turn or a semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation or line;
(3)
Drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section or line; or
(4)
Drive any vehicle into the controlled-access facility from a local service road, except through an opening provided for that purpose in the dividing curb, dividing section or dividing line that separates the service road from the controlled-access facility proper.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1955, ch. 147, § 8; T.C.A., § 54-2008; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 16 - CONTROLLED-ACCESS FACILITIES (§§ 54-16-101 — 54-16-113) › Section 54-16-109 - Commercial enterprises and services on controlled-access facility prohibited - Exception - Establishment on private property abutting local service roads

(a)
No commercial enterprise or activity for serving motor vehicle users, other than emergency services for disabled vehicles, shall be authorized or conducted by the commissioner of transportation, any other official or agency of the state, or any political subdivision of the state on property designated as, or acquired for, or in connection with, a controlled-access facility.
(b)
The highway authorities of the state, counties, cities and towns as authorized in §
54-16-107
may construct local service roads adjacent to a controlled-access facility in a manner that facilitates the establishment and operation of competitive commercial enterprises for serving motor vehicle users on private property abutting the service roads.
Acts 1957, ch. 247, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2009; Acts 1981, ch. 264, § 12.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 16 - CONTROLLED-ACCESS FACILITIES (§§ 54-16-101 — 54-16-113) › Section 54-16-110 - Interstate Route 440 designated parkway

Interstate Route 440 in Davidson County is designated as a parkway.
Acts 1980, ch. 837, § 3.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 16 - CONTROLLED-ACCESS FACILITIES (§§ 54-16-101 — 54-16-113) › Section 54-16-111 - Rest area mileage information signs

(a)
Notwithstanding any other provision of law to the contrary, the commissioner of transportation is directed to include as a part of all signage at interstate rest areas in the state information that indicates the mileage to the next closest interstate rest area as a means of assistance to the tourists who travel our great state.
(b)
The erection of informational signs or the inclusion of mileage information on existing signs shall be within the guidelines prescribed by the Manual on Uniform Traffic Safety.
(c)
This section becomes operative only if the federal highway administrator advises the commissioner in writing that this section does not render Tennessee in violation of federal laws and regulations and subject to penalties prescribed in the laws and regulations.
Acts 1993, ch. 146, §§ 1-3.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 1 - SCENIC HIGHWAY SYSTEM ACT OF 1971 (§§ 54-17-101 — 54-17-116) › Section 54-17-101 - Short title

This part shall be known and may be cited as the "Scenic Highway System Act of 1971."
Acts 1971, ch. 431, § 1; modified; T.C.A., § 54-2501.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 1 - SCENIC HIGHWAY SYSTEM ACT OF 1971 (§§ 54-17-101 — 54-17-116) › Section 54-17-102 - Scenic highway system established

(a)
There is established a system of scenic highways for the state.
(b)
The system shall consist of those highways or roads or sections of the highways or roads that are so designated by the general assembly from time to time according to this part.
Acts 1971, ch. 431, § 2; 1976, ch. 819, § 1; modified; T.C.A., § 54-2502.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 1 - SCENIC HIGHWAY SYSTEM ACT OF 1971 (§§ 54-17-101 — 54-17-116) › Section 54-17-103 - Chapter definitions

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.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 1 - SCENIC HIGHWAY SYSTEM ACT OF 1971 (§§ 54-17-101 — 54-17-116) › Section 54-17-104 - Purposes, standards and objectives

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.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 1 - SCENIC HIGHWAY SYSTEM ACT OF 1971 (§§ 54-17-101 — 54-17-116) › Section 54-17-106 - Severability

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.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 1 - SCENIC HIGHWAY SYSTEM ACT OF 1971 (§§ 54-17-101 — 54-17-116) › Section 54-17-107 - Management - Promotion

(a)
Once the general assembly designates a highway or road or a portion of the highway or road as a scenic highway, the state or local agency having jurisdiction of the highway shall erect appropriate signs marking the designation, in accordance with the rules and regulations authorized to be promulgated, from funds appropriated by the general assembly for that purpose. The signs shall conform to standards established by the comprehensive statewide scenic highway plan; furthermore, the state or local agency having jurisdiction over the particular scenic highway shall provide proper marking, maintenance, and refuse removal services in connection with the highway.
(b)
The department of tourist development shall study each newly designated scenic highway with the intention of including it in state and national promotional campaigns. In no instance may scenic highways be promoted through advertisement on any sign, structure or advertising device other than signs used for marking scenic highways by the department of transportation or local agency having jurisdiction.
(c)
The department of economic and community development shall act to coordinate the efforts of local planning commissions, development districts, chambers of commerce, convention and visitors bureaus, and other federal, state, local, and private organizations in continuing the promotion and development of the scenic highway system.
Amended by 2013 Tenn. Acts, ch. 308, s 33, eff. 7/1/2013.
Acts 1971, ch. 431, § 7; impl. am. Acts 1972, ch. 829, § 7; Acts 1976, ch. 819, § 5; modified; T.C.A., § 54-2507.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 1 - SCENIC HIGHWAY SYSTEM ACT OF 1971 (§§ 54-17-101 — 54-17-116) › Section 54-17-108 - Advertising or junkyards prohibited on scenic highways - Authority of commissioner to acquire

(a)
Whenever a road or highway has been designated part of the system, it is unlawful for any person to construct, use, operate or maintain any sign, except as provided in subsection (c) or §
54-17-109
, or junkyard within two thousand feet (2,000') of any road or highway that is a designated part of the system and that is located either outside the corporate limits of any city or town or at any place within a tourist resort county, as defined in §
42-1-301
.
(b)
The commissioner is authorized to acquire an outdoor advertising device or junkyard by purchase, gift, or condemnation, and to pay just compensation for the removal of these devices and junkyards.
(c)
Any outdoor advertising device lawfully in existence prior to the designation of the scenic byway may be maintained, repaired, or reconstructed according to the original application for the outdoor advertising permit.
Amended by 2020 Tenn. Acts, ch. 706, s 2, eff. 6/22/2020.
Acts 1971, ch. 431, § 8; 1976, ch. 819, § 6; T.C.A., § 54-2508; Acts 1981, ch. 166, § 1; 1991, ch. 301, §§ 1, 4.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 1 - SCENIC HIGHWAY SYSTEM ACT OF 1971 (§§ 54-17-101 — 54-17-116) › Section 54-17-109 - Excepted signs

The following signs are excepted from §
54-17-108
:
(1)
Official signs and notices, including directional and warning signs, authorized or required by law;
(2)
Utility signs; and
(3)
Signs other than outdoor advertising devices, as defined in §
54-21-102
, if such signs:
(A)
(i)
Have a sign face that does not exceed one hundred square feet (100 sq. ft.) in total area if the sign is an on-premises device; or
(ii)
Have a sign face that does not exceed twelve square feet (12 sq. ft.) in total area if the sign is not an on-premises device;
(B)
Do not contain any flashing, intermittent, or moving lights; and
(C)
Are located at least one thousand feet (1,000') apart along the highway frontage if the signs are on-premises devices larger than twelve square feet (12 sq. ft.) and more than one (1) such sign is located on the same property.
Amended by 2020 Tenn. Acts, ch. 706, s 3, eff. 6/22/2020.
Acts 1971, ch. 431, § 9; impl. am. Acts 1972, ch. 829, § 7; Acts 1976, ch. 819, § 7; T.C.A., § 54-2509; Acts 1992, ch. 693, § 16; 1995, ch. 476, § 2; 1995, ch. 530, §§ 1, 3-5; 1996, ch. 1000, §§ 1, 3-7; 1997 , ch. 71, § 1; 1997 , ch. 156, § 2; 2000, ch. 615, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 1 - SCENIC HIGHWAY SYSTEM ACT OF 1971 (§§ 54-17-101 — 54-17-116) › Section 54-17-110 - Removal or abatement of advertising structures and junkyards

(a)
Any advertising structure or junkyard that is constructed or erected in violation of this part constitutes a public nuisance subject to abatement as provided by law.
(b)
If the advertising structure or junkyard is declared a nuisance, it shall immediately be removed or abated and for that purpose the district attorney general or the district attorney general's duly appointed representative or any authorized representative of the state may enter onto private property without incurring any liability.
(c)
The power of eminent domain may be utilized to remove existing advertising structures or junkyards from within one thousand feet (1,000') of either side of designated Tennessee scenic highways.
(d)
Should the state fail to enforce this section, any citizen or group of citizens may institute legal proceedings in a court of competent jurisdiction to require the state to enforce this section.
Acts 1971, ch. 431, § 10; 1976, ch. 819, § 8; modified; T.C.A., § 54-2510.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 1 - SCENIC HIGHWAY SYSTEM ACT OF 1971 (§§ 54-17-101 — 54-17-116) › Section 54-17-111 - Trash dumping prohibited - Penalties

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.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 1 - SCENIC HIGHWAY SYSTEM ACT OF 1971 (§§ 54-17-101 — 54-17-116) › Section 54-17-112 - Criminal sanctions

(a)
Any person, firm or corporation violating any provision of this part commits a Class C misdemeanor.
(b)
Each and every day during which a violation of any provision of this part continues is deemed a separate offense.
(c)
The attorney general and reporter, the district attorney general for the judicial district in which the violation occurs or is threatened, any state, municipal or county official or any adjacent or neighboring property owner who would be damaged by a violation of this part, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or other appropriate action, actions or proceedings to prevent, enjoin or abate or remove the violation.
Acts 1971, ch. 431, § 12; modified; T.C.A., § 54-2512; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 1 - SCENIC HIGHWAY SYSTEM ACT OF 1971 (§§ 54-17-101 — 54-17-116) › Section 54-17-113 - Statutory conflict

Whenever a provision of this part is found to be in conflict with a provision of any private or public act or local ordinance or code, the provision that establishes the higher standard for promotion and protection of the health, safety, and welfare of the people shall prevail; provided, that §§
54-17-108
and
54-17-115
shall prevail in all applicable instances, any other provision of law to the contrary notwithstanding.
Acts 1971, ch. 431, § 13; 1976, ch. 819, § 9; T.C.A., § 54-2513.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 1 - SCENIC HIGHWAY SYSTEM ACT OF 1971 (§§ 54-17-101 — 54-17-116) › Section 54-17-115 - Building restrictions near scenic highways

(a)
(1)
The exposed portion of buildings constructed or erected on property located within one thousand feet (1,000') of a scenic highway shall not exceed a height of thirty-five feet (35') above the level of the highway on property located below the level of the highway, or a height of thirty-five feet (35') above the ground line on property located above the level of the highway.
(2)
The restriction on buildings shall apply to the scenic highway, notwithstanding the route being located inside or outside a municipality and notwithstanding any law or ordinance to the contrary.
(b)
It is the legislative intent of this section, in part, that possession of a building permit at the time a road or highway is designated a scenic highway shall not allow any future construction based on that permit.
(c)
(1)
This section shall not apply to any building in existence at the time a road or highway is designated a part of the system.
(2)
Silos and buildings designed for agricultural use are exempted from the application of this section.
(3)
Any geographic area designated by state law and managed by a development authority authorized to promote and regulate technology-based economic development is exempt from the application of this section.
(4)
Section
54-17-113
shall not apply to this section.
Acts 1972, ch. 685, § 1; 1973, ch. 9, § 4; 1976, ch. 819, § 10; modified; T.C.A., § 54-2515; Acts 1987, ch. 30, § 1; 1990, ch. 660, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 1 - SCENIC HIGHWAY SYSTEM ACT OF 1971 (§§ 54-17-101 — 54-17-116) › Section 54-17-116 - Effect of designation - Existing building permits - Construction of part

(a)
Designation of a road or highway as a scenic highway under this part shall be presumed to arise from the public necessity and to protect the public good.
(b)
Section
54-17-115
shall become effective immediately upon designation of a road or highway as a scenic highway, the issuance of any building permit to the contrary notwithstanding, unless construction under the permit is so substantial as to render compliance with this part unfeasible.
(c)
The designation of scenic highways by the general assembly shall not give rise to actions for damages in any court of this state. This part shall be liberally construed to effect its remedial purposes.
Acts 1973, ch. 9, § 5; modified; T.C.A., § 54-2516.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 2 - TENNESSEE PARKWAY SYSTEM ACT (§§ 54-17-201 — 54-17-208) › Section 54-17-201 - Short title

This part shall be known and may be cited as the "Tennessee Parkway System Act."
Acts 1982, ch. 865, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 2 - TENNESSEE PARKWAY SYSTEM ACT (§§ 54-17-201 — 54-17-208) › Section 54-17-202 - Legislative findings

(a)
This state has abundant natural and scenic assets and recreational resources for the enjoyment of our citizens and those of other states.
(b)
Their general welfare will be enhanced by providing a road system that will promote the enjoyment of these assets and resources in accordance with this part.
Acts 1982, ch. 865, § 2.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 2 - TENNESSEE PARKWAY SYSTEM ACT (§§ 54-17-201 — 54-17-208) › Section 54-17-204 - Route and promotional markers

(a)
The department of transportation is directed to erect suitable route and promotional markers for the parkway system.
(b)
The cost of erecting the markers shall be paid from appropriations made to the department of transportation.
Acts 1982, ch. 865, § 5.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 2 - TENNESSEE PARKWAY SYSTEM ACT (§§ 54-17-201 — 54-17-208) › Section 54-17-205 - Existing outdoor advertising structures

(a)
Whenever a road or highway has been designated part of the Tennessee parkway system, it is unlawful for any person to construct, use, operate, or maintain any sign, except as provided in subsection (c) or §
54-17-206
, or junkyard within two thousand feet (2,000') of any road or highway that is a designated part of the system and that is located either outside the corporate limits of any city or town or at any place within a tourist resort county, as defined in §
42-1-301
.
(b)
The commissioner is authorized to acquire an outdoor advertising device or junkyard by purchase, gift, or condemnation, and to pay just compensation for the removal of these structures and junkyards.
(c)
Any outdoor advertising device lawfully in existence prior to the designation of the parkway may be maintained, repaired, or reconstructed according to the original application for the outdoor advertising permit.
Amended by 2020 Tenn. Acts, ch. 706, s 5, eff. 6/22/2020.
Acts 1982, ch. 865, § 6.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 2 - TENNESSEE PARKWAY SYSTEM ACT (§§ 54-17-201 — 54-17-208) › Section 54-17-206 - Advertising structures, junkyards, and trash dumping

(a)
The provisions of the Scenic Highway System Act of 1971, compiled in part 1 of this chapter, regarding signs, outdoor advertising devices, junkyards, and trash dumping applies to the Tennessee parkway system. If a conflict exists between this part and part 1 of this chapter regarding signs, outdoor advertising devices, junkyards, and trash dumping, due to a road having been designated as being on both the scenic highway system pursuant to part 1 of this chapter and the parkway system pursuant to this part, then part 1 of this chapter shall prevail. It is the intent of the general assembly that nothing contained in this subsection (a) shall be construed as having any retroactive force or taking away any vested right or be applied to any contractual obligation.
(b)
Subsection (a) shall not apply to those parts of the system lying within any comprehensively zoned area, unless otherwise provided by the zoning regulations and within one-half (½) mile of any section of the parkway system where it crosses an interstate highway system.
(c)
The following signs are excepted from this part:
(1)
Official signs and notices, including directional and warning signs, authorized or required by law;
(2)
Utility signs; and
(3)
Signs other than outdoor advertising devices, as defined in §
54-21-102
, if such signs:
(A)
(i)
Have a sign face that does not exceed five hundred square feet (500 sq. ft.) in total area if the sign is an on-premises device; or
(ii)
Have a sign face that does not exceed twenty square feet (20 sq. ft.) in total area if the sign is not an on-premises device;
(B)
Do not contain any flashing, intermittent, or moving lights; and
(C)
Are located at least one thousand feet (1,000') apart along the highway frontage if the signs are on-premises devices larger than twenty square feet (20 sq. ft.) and more than one (1) such sign is located on the same property.
Amended by 2020 Tenn. Acts, ch. 706, s 6, eff. 6/22/2020.
Acts 1982, ch. 865, § 7; 1984, ch. 613, §§ 1, 2, 4; 1990, ch. 873, § 1; 1991, ch. 233, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 2 - TENNESSEE PARKWAY SYSTEM ACT (§§ 54-17-201 — 54-17-208) › Section 54-17-207 - Additions to system - Designation powers of commissioner

Additions to the parkway system shall be part of the system of state highways, and the commissioner of transportation shall have the same powers set forth in §§
54-5-101
and
54-5-102
with regard to designating the parkway system as the commissioner has to designate the system of state highways.
Acts 1984, ch. 613, § 3.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 17 - SCENIC ROADWAYS (§§ 54-17-101 — 54-17-208) › Part 2 - TENNESSEE PARKWAY SYSTEM ACT (§§ 54-17-201 — 54-17-208) › Section 54-17-208 - Severability

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.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 18 - HIGHWAY PLANNING (§§ 54-18-101 — 54-18-220) › Part 1 - COOPERATIVE PLANNING AGREEMENTS (§§ 54-18-101 — 54-18-104) › Section 54-18-101 - Cooperative planning agreements authorized

The department of transportation, with the cooperation of the department of economic and community development, and counties, cities and towns of the state, with the cooperation of their respective planning commissions, are authorized to enter into cooperative planning agreements that provide for a continuing and comprehensive transportation planning process.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 130, § 1; impl. am. Acts 1972, ch. 542, § 15; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2101; Acts 1981, ch. 264, § 12.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 18 - HIGHWAY PLANNING (§§ 54-18-101 — 54-18-220) › Part 1 - COOPERATIVE PLANNING AGREEMENTS (§§ 54-18-101 — 54-18-104) › Section 54-18-102 - Organizational framework included in agreement

Cooperative agreements shall include an organizational framework for carrying out the planning process in a manner that ensures that decisions are reflective of, and responsive to, both the programs of the department of transportation and the needs and desires of the local governments.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 130, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2102; Acts 1981, ch. 264, § 12.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 18 - HIGHWAY PLANNING (§§ 54-18-101 — 54-18-220) › Part 1 - COOPERATIVE PLANNING AGREEMENTS (§§ 54-18-101 — 54-18-104) › Section 54-18-103 - Scope of agreements

Planning may include, but shall not be limited to:
(1)
The collection, analysis, and interpretation of pertinent data concerning transportation facilities, travel patterns, land use, economic activity, (population and employment), financial resources, and existing legislation;
(2)
The forecasting of future development and of future travel demands;
(3)
The establishment of transportation objectives and standards;
(4)
The development and evaluation of transportation plans through an appraisal of practicable alternatives;
(5)
The preparation and dissemination of pertinent information needed by official agencies in their considerations leading to the adoption of plans and necessary for realistic decisions by citizens with respect to their support of improvement programs; and
(6)
The preparation of recommendations concerning the scheduling of the improvements, coordination with other development programs, revision of ordinances and regulations, and additional legislation, if necessary.
Acts 1963, ch. 130, § 3; T.C.A., § 54-2103.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 18 - HIGHWAY PLANNING (§§ 54-18-101 — 54-18-220) › Part 1 - COOPERATIVE PLANNING AGREEMENTS (§§ 54-18-101 — 54-18-104) › Section 54-18-104 - Purpose of part

It is the intent of this part to fit transportation planning with comprehensive local planning and state highway planning into a coordinated whole, and that the state agencies and local governments involved are to be authorized to do everything necessary and proper to achieve that end, including arrangements for keeping the coordinated planning current and periodic reappraisals of transportation plans.
Acts 1963, ch. 130, § 4; T.C.A., § 54-2104.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 18 - HIGHWAY PLANNING (§§ 54-18-101 — 54-18-220) › Part 2 - PLANS FOR STREET AND HIGHWAY SYSTEMS (§§ 54-18-201 — 54-18-220) › Section 54-18-201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Board" means the board of adjustment required by this part, a board of zoning appeals designated to act as a board of adjustment, a county board of adjustment, and a municipal board of adjustment;
(2)
"Building" means any building, structure or improvement of any kind or part of the building, structure or improvement that through erection, construction, reconstruction, addition or alteration in any manner becomes a part of the realty;
(3)
"Chief executive" means the mayor of a municipality and the county mayor;
(4)
"Commissioner" means the commissioner of transportation;
(5)
"County" means, with respect to residency requirements of officers or to territorial jurisdiction, the area within the county outside municipalities;
(6)
"County register" means the register of deeds of the county, and the register of deeds of the county in which a municipality is located;
(7)
"Highway" means any public way or part of the public way, including, but not limited to, a street, avenue, highway, or road. For a county, the public ways in the territory outside the boundaries of municipalities; for municipalities, the public ways within their corporate boundaries;
(8)
"Legislative body" means the board or body in which the general legislative powers of a county or municipality are vested; the county legislative body, county council, county commission or other body to which most or all county functions or powers are delegated; city council, board of mayor and aldermen, board of commissioners or other body to which most or all municipal functions or powers are delegated;
(9)
"Municipality" means an incorporated city or town. With respect to residency requirements of officers or to territorial jurisdiction, "municipality" means the area within the corporate limits of a municipality;
(10)
"Ordinance" means the form of action of the municipal legislative body in exercising the powers under this part;
(11)
"Planning commission" means the duly constituted planning commission of the county or municipality; for a county, the regional planning commission; for a municipality, the municipal planning commission or regional planning commission that has been designated a planning commission for a municipality; and
(12)
"Resolution" means the form of action of the county legislative body in exercising the powers under this part.
Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 251, § 1; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., §§ 54-2201, 54-19-101; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 18 - HIGHWAY PLANNING (§§ 54-18-101 — 54-18-220) › Part 2 - PLANS FOR STREET AND HIGHWAY SYSTEMS (§§ 54-18-201 — 54-18-220) › Section 54-18-202 - Grant of power - Highway maps

Counties and municipalities are authorized under the conditions and procedures in this part to develop, establish, and preserve plans for coordinated, efficient and economic highway systems through the adoption and amendment of official highway maps.
Acts 1965, ch. 251, § 2; T.C.A., §§ 54-2202, 54-19-102.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 18 - HIGHWAY PLANNING (§§ 54-18-101 — 54-18-220) › Part 2 - PLANS FOR STREET AND HIGHWAY SYSTEMS (§§ 54-18-201 — 54-18-220) › Section 54-18-203 - Objectives in adopting official map

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