reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 7 - SUBSCRIPTION TO RAILROAD STOCK BY COUNTIES AND MUNICIPALITIES (§§ 65-7-101 — 65-7-116) › Section 65-7-109 - Election - Style of ballot

At the election thus held, those voters who are in favor of the subscription shall put upon their tickets the words, "For subscription," and those opposed, "No subscription"; provided, that in cities and towns where the Australian or Dortch ballot law applies, the ticket or ballot used in such election shall conform as near as may be to the style of the ballot prescribed by law. Such ballot shall be deemed legally sufficient if it has plainly printed thereon substantially the following: "Shall (name of county, city, or town) subscribe $ ____________________ to the capital stock of the (name of railroad company) in accordance with the terms and conditions of the application of (name of railroad company) submitted to the (name of county, city, or town), on ____________________ day of ____________________ 20____________________," followed by the words "Yes" and "No" so that voters can intelligently vote their choices by making a cross mark (X) after the word "Yes" or "No."
Acts 1887, ch. 3, § 8; Shan., § 1566; Acts 1917, ch. 11, § 1; 1917, ch. 105, § 1; mod. Code 1932, § 2620; T.C.A. (orig. ed.), § 65-709.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 7 - SUBSCRIPTION TO RAILROAD STOCK BY COUNTIES AND MUNICIPALITIES (§§ 65-7-101 — 65-7-116) › Section 65-7-110 - Action on return of commission

It is the duty of the county legislative body, or governing body of such city or town, as the case may be, to convene on the call of its presiding officer, for the purpose of acting on the return of the county election commission, within ten (10) days after such election; and if it appears that the same was, in all respects, fair, and that three-fourths (3/4) of the legal votes cast at such election were in favor of subscription, then it shall have full power, and shall proceed, to make and execute all necessary orders, and take such action as may be required to make the subscription effective according to the terms thereof and these provisions.
Acts 1887, ch. 3, § 9; impl. am. Acts 1907, ch. 436, § 1; Shan., §1567; Code 1932, § 2621; impl. am. Acts 1972, ch. 740, §7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-710.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 7 - SUBSCRIPTION TO RAILROAD STOCK BY COUNTIES AND MUNICIPALITIES (§§ 65-7-101 — 65-7-116) › Section 65-7-111 - Second election

Should any county, town, or city fail to vote the subscription to any railroad at any election held for the purpose, the county, city, or town may, in its discretion, at any time after thirty (30) days, order another election, if desired by the railroad company.
Acts 1887, ch. 3, § 10; Shan., § 1568; Code 1932, § 2622; T.C.A. (orig. ed.), § 65-711.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 7 - SUBSCRIPTION TO RAILROAD STOCK BY COUNTIES AND MUNICIPALITIES (§§ 65-7-101 — 65-7-116) › Section 65-7-112 - Subscriptions - Time of payment

Such subscription of any county or incorporated city or town shall not become due and payable unless the railroad company shall have constructed and put in operation within the time fixed in the application, and substantially in the direction and on the line as shown in the plan or map, that portion of its railroad located within the county making the subscription, or that portion of its railroad located within the county in which is situated the incorporated city or town making the subscription, as the case may be; provided, that any county, incorporated city, or town making a subscription under these provisions, may, in addition to the restrictions imposed by this section, stipulate with the railroad company that its subscription shall not become due and payable until the company shall construct its road to such points, or for such distances, as may be agreed upon.
Acts 1887, ch. 3, § 11; Shan., § 1569; Code 1932, § 2623; T.C.A. (orig. ed.), § 65-712.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 7 - SUBSCRIPTION TO RAILROAD STOCK BY COUNTIES AND MUNICIPALITIES (§§ 65-7-101 — 65-7-116) › Section 65-7-113 - Bond issue for payment

When such subscription shall become due and payable, as provided in §
65-7-112
, the county or city or town making the subscription shall make and execute its coupon bonds for the amount of such subscription, payable not more than twenty (20) years after date, and bearing interest at such rate as may be agreed upon, payable semiannually, and deliver the same to the railroad company; provided, that such county, city, or town may pay such subscription in cash at maturity, if it shall so elect.
Acts 1887, ch. 3, § 12; Shan., § 1570; Code 1932, § 2624; Acts 1980, ch. 601, §21; T.C.A. (orig. ed.), § 65-713.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 7 - SUBSCRIPTION TO RAILROAD STOCK BY COUNTIES AND MUNICIPALITIES (§§ 65-7-101 — 65-7-116) › Section 65-7-114 - Tax levy to meet bond payments

When the subscription so made becomes due, as provided, it is made the duty of the county legislative body, or municipal authorities, as the case may be, on the receipt of the certificates of stock, as provided in §
65-7-116
, to levy, from time to time, such taxes upon the taxable property, privileges, and persons liable by law to taxation within the county or corporate limits, as the case may be, as will be sufficient and necessary to meet the maturing interest on the bonds of such county, town, or city, and to provide for the payment of the principal; provided, that no tax to pay such subscription exceeding twenty-five percent (25%) of the amount subscribed shall be levied in any one (1) year.
Acts 1887, ch. 3, § 13; Shan., § 1571; Code 1932, §2625; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-714.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 7 - SUBSCRIPTION TO RAILROAD STOCK BY COUNTIES AND MUNICIPALITIES (§§ 65-7-101 — 65-7-116) › Section 65-7-115 - Collection of tax

The taxes prescribed in §
65-7-114
shall be levied and collected as other county, town, or corporation taxes, and paid into the treasury of the county, city or town as other taxes.
Acts 1887, ch. 3, § 14; Shan., § 1572; Code 1932, § 2626; T.C.A. (orig. ed.), § 65-715.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 7 - SUBSCRIPTION TO RAILROAD STOCK BY COUNTIES AND MUNICIPALITIES (§§ 65-7-101 — 65-7-116) › Section 65-7-116 - Issuance of stock

The railroad company shall, when the subscription becomes due and payable, as prescribed, make out and deliver to the county, city, or town, as the case may be, certificates of its capital stock amounting to the subscription, and the certificates shall be held, owned, and voted by such county, city, or town as by other stockholders, and the certificates of stock, and dividends and profits thereon, and the public benefits derived from the construction and operation of the railroad, shall be in full consideration of such subscription and the benefits derived therefrom by the railroad company.
Acts 1887, ch. 3, § 15; Shan., § 1573; Code 1932, § 2627; T.C.A. (orig. ed.), § 65-716.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 8 - PURCHASE AND SALE OF RAILROADS (§§ 65-8-101 — 65-8-109) › Section 65-8-101 - Power to acquire and operate other railroads

Every railroad corporation in this state, and railroad companies existing under the joint legislation of this and another state or states, and railroad companies incorporated by this, or another or other state or states, whose roads connect with, or intersect each other in this or any other state, and all railroad corporations created in this state, or by virtue of statutes of any other state, ratified and confirmed by the authority of this state, has the power to acquire, by purchase or other lawful contract, and have, hold, use, and operate, any railroad, with its franchises, belonging to any other railroad corporation; and likewise to have, hold, use, and operate any such railroad, with its franchises, which it may have purchased or acquired.
Acts 1871, ch. 22, § 1; 1871, ch. 69, § 1; 1875, ch. 51, § 1; 1877, ch. 72, § 1; Shan., § 1509; mod. Code 1932, § 2580; T.C.A. (orig. ed.), § 65-801.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 8 - PURCHASE AND SALE OF RAILROADS (§§ 65-8-101 — 65-8-109) › Section 65-8-102 - Borrowing money for payment - Issuance of bonds

Any railroad company described in §
65-8-101
shall have the power to borrow money and to issue its bonds therefor, or for any other indebtedness or liability which it may incur, or may have incurred, in the exercise of its lawful purposes, and to secure the payment of such bonds, with the interest thereon, by a mortgage of the whole or any part of its railroad and equipment and other property and franchises, containing such provisions as its directors shall approve.
Acts 1871, ch. 22, § 3; 1871, ch. 69, § 1; Shan., § 1510; Code 1932, § 2581; T.C.A. (orig. ed.), § 65-802.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 8 - PURCHASE AND SALE OF RAILROADS (§§ 65-8-101 — 65-8-109) › Section 65-8-103 - Continuation of business by seller to wind up business

In case the railroad company, whose corporate powers have been transferred by a sale as aforementioned, has brought suits in law or equity, or holds any claims or rights of action, excepted and reserved by the terms of the sale, the corporation may have a continuance sufficiently long for the purpose of collecting the claims and paying to or dividing the same among the stockholders or the persons entitled to such claims.
Acts 1871, ch. 22, § 2; Shan., § 1510a1; Code 1932, § 2582; T.C.A. (orig. ed.), § 65-803.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 8 - PURCHASE AND SALE OF RAILROADS (§§ 65-8-101 — 65-8-109) › Section 65-8-104 - Authority to purchase under judicial sale

Any railroad corporation which has been created, or whose corporate existence has been recognized, by any act of the general assembly, is empowered to become a purchaser of any railroad sold in this or any adjoining state under any judicial proceeding in such state, or sold by any person who may have purchased or derived title under or from any such judicial sale.
Acts 1877, ch. 20, § 1; Shan., § 1511; Code 1932, § 2583; T.C.A. (orig. ed.), § 65-804.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 8 - PURCHASE AND SALE OF RAILROADS (§§ 65-8-101 — 65-8-109) › Section 65-8-105 - Rights of purchase under judicial sale

All the rights, privileges, and immunities appertaining to the franchises sold under judicial proceedings instituted against delinquent railroads by the state, under the act of incorporation and the amendments thereto, and the general internal improvement law of the state, and acts amendatory thereof, shall be transferred to, and vest in, the purchaser.
Acts 1870-1871, ch. 23, § 10; Shan. § 1512; mod. Code 1932, §2584; T.C.A. (orig. ed.), § 65-805.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 8 - PURCHASE AND SALE OF RAILROADS (§§ 65-8-101 — 65-8-109) › Section 65-8-106 - Sale under mortgage

(a)
The purchasers of any railroad chartered by this state, and lying in whole or in part in this state, sold under any mortgage executed by it, when put in possession of the railroad by any court of competent jurisdiction, shall have the same right to operate the same in this state as the incorporated company which executed the mortgage.
(b)
When a mortgage executed, as provided or allowed by law, upon the franchises and property, of every description of an incorporated railroad lying within the state, either in whole or in part, shall be foreclosed in any court of this state or of the United States having jurisdiction thereof, by sale under the mortgage, the purchasers at the sale shall, by virtue thereof, be entitled to and be invested with the franchises and property, and with all the rights, privileges, and immunities appertaining thereto by the laws of this state, in the act of incorporation of the company, and the amendments thereto, and the general internal improvement law, or other laws of this state, in as full a manner as the company or companies are or were.
Acts 1877, ch. 12, §§ 1, 2; Shan., §§ 1513, 1514; Code 1932, §§ 2585, 2588; T.C.A. (orig. ed.), §§ 65-806, 65-808.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 8 - PURCHASE AND SALE OF RAILROADS (§§ 65-8-101 — 65-8-109) › Section 65-8-107 - Sale under judgment

Whenever the property and franchises of any railroad are sold, under any judgment, decree, or process from any of the courts of record of this state, for the payment of any debt due from the incorporated company, the purchasers at the sale, or their assignees, may organize into a corporate body, with the right to have, hold, and operate the property and franchises so purchased, with all powers, rights, privileges, and immunities, and subject to all the restrictions, imposed by the original charter, and amendments thereto, of the corporation whose property and franchises have been sold.
Acts 1879, ch. 52, § 2; Shan., § 1513a; Code 1932, § 2586; T.C.A. (orig. ed.), § 65-807.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 8 - PURCHASE AND SALE OF RAILROADS (§§ 65-8-101 — 65-8-109) › Section 65-8-108 - Right of purchaser to tax exemption waived

Nothing in §
65-8-106
, §
65-8-107
or §
65-10-112
shall be construed to exempt the railroad and its property from liability to state, county, and municipal taxation; and the purchasers shall waive any right of exemption from taxation, if any existed in the original charter, or other law of this state, in favor of such railroad property or stock therein.
Acts 1877, ch. 12, §§ 2, 5; Shan., § 1514a1; Code 1932, § 2589; T.C.A. (orig. ed.), § 65-809.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 8 - PURCHASE AND SALE OF RAILROADS (§§ 65-8-101 — 65-8-109) › Section 65-8-109 - Organization of new company by purchasers

(a)
The purchasers at the sale mentioned in §§
65-8-107
and
65-8-108
may, after being put in possession of the property, meet, adopt a name for the corporation to operate the railroad, and elect a board of directors, of their numbers, of not less than three (3), at least one (1) of whom shall reside in this state.
(b)
At such meeting, every person interested in the purchase shall be entitled to one (1) vote for every one hundred dollars ($100) of such interest, unless the number of votes to which each party shall be entitled, and the mode of representing the interest of the purchasers, shall have been previously agreed upon among the parties interested in the purchase.
(c)
The board of directors shall proceed to elect a president and such other officers as may be expedient for the proper management of the property, fix their compensation and duties, and adopt bylaws for the government of the company, not inconsistent with the laws of this state; and shall fix the amount of the capital stock of the company, and the amount of stock or bonds, or both, which shall represent the interest of the purchasers, dividing such stock into shares of one hundred dollars ($100) each.
(d)
The board of directors shall make a certificate showing the name of the corporation, the amount of its capital stock, the shares into which the same is divided, the number and residence of the board of directors, where the road lies, and the name or names by which it had theretofore been chartered and known, and shall cause the same to be signed by the president and the members of such board, and to be filed with the secretary of state; and thereupon the purchasers shall be a body corporate, under the name so adopted, with all the rights, powers, privileges, immunities, and franchises possessed under the laws of this state by the company or companies whose road and franchises were sold as aforementioned under the acts of incorporation thereof, or any amendments thereto, and any subsequent act or acts of this state; and with all the rights, powers, privileges, and franchises possessed by the corporation formed and organized for the building of railroads under this Code.
(e)
The board of directors shall issue, to the parties interested in the purchase of the railroads, shares of the capital stock thereof of one hundred dollars ($100) each, to such amount as the board of directors shall determine, in proportion to such interested parties' rights and interests in the property, which shares shall be fully paid, and not liable to calls; and also such bonds and obligations as the board of directors may determine.
Acts 1877, ch. 12, § 3; Shan., §§ 1515-1519; Code 1932, §§ 2590-2594; T.C.A. (orig. ed.), §§ 65-810 -- 65-814.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 9 - CONSOLIDATION OF RAILROADS (§§ 65-9-101 — 65-9-109) › Section 65-9-101 - Power to consolidate

Every railroad corporation existing in this state, and having authority to operate and maintain a railroad in this state, has the power to consolidate with any other railroad corporation whose road connects with or intersects the road of such existing corporation, or any branch of such road.
Acts 1871, ch. 69, § 1; 1875, ch. 51, § 1; 1877, ch. 72, § 2; Shan., § 1522; Code 1932, § 2597; T.C.A. (orig. ed.), § 65-901.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 9 - CONSOLIDATION OF RAILROADS (§§ 65-9-101 — 65-9-109) › Section 65-9-102 - Consolidation agreement

The agreement of consolidation shall be in writing, and shall set forth the corporate name agreed upon, and the terms and conditions of the consolidation.
Acts 1871, ch. 69, § 1; 1877, ch. 72, § 2; Shan., § 1523; Code 1932, § 2598; T.C.A. (orig. ed.), § 65-902.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 9 - CONSOLIDATION OF RAILROADS (§§ 65-9-101 — 65-9-109) › Section 65-9-103 - Approval of stockholders

The consolidation shall not have effect until the terms and conditions of the agreement shall have been approved by a majority of the stockholders of each of the consolidating companies, at a regular annual meeting.
Acts 1867-1868, ch. 72, § 1; 1871, ch. 69, § 1; 1877, ch. 72, § 2; Shan., § 1524; mod. Code 1932, § 2599; T.C.A. (orig. ed.), § 65-903.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 9 - CONSOLIDATION OF RAILROADS (§§ 65-9-101 — 65-9-109) › Section 65-9-104 - Agreement and evidence of approval recorded

The agreement, together with the evidence of the stockholders' approval, shall be filed and recorded in the office of the secretary of state.
Acts 1871, ch. 69, § 1; 1877, ch. 72, § 2; Shan., § 1525; Code 1932, § 2600; T.C.A. (orig. ed.), § 65-904.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 9 - CONSOLIDATION OF RAILROADS (§§ 65-9-101 — 65-9-109) › Section 65-9-105 - Rights of creditors

The rights of creditors of the consolidating companies shall not be affected or impaired by such consolidation.
Acts 1871, ch. 69, § 1; 1877, ch. 12, § 4; 1877, ch. 72, § 2; Shan., § 1526; Code 1932, § 2601; T.C.A. (orig. ed.), § 65-905.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 9 - CONSOLIDATION OF RAILROADS (§§ 65-9-101 — 65-9-109) › Section 65-9-106 - Rights and liabilities of consolidated corporation

The corporation, formed by the consolidation of two (2) or more railroad corporations, shall have, possess, and exercise all the rights, powers, privileges, immunities, and franchises, and be subject to all the duties and obligations, not inconsistent with this chapter, conferred and imposed by the laws of this state upon such companies so consolidating, or either of them.
Acts 1877, ch. 72, § 3; Shan., § 1527; Code 1932, § 2602; T.C.A. (orig. ed.), § 65-906.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 9 - CONSOLIDATION OF RAILROADS (§§ 65-9-101 — 65-9-109) › Section 65-9-107 - Powers of consolidated corporation

The corporation shall have power to:
(1)
Fix the number of its directors and the time of their election;
(2)
Fix the number, names, and duties of its officers;
(3)
Pass bylaws for the government of the company, and the management of its affairs;
(4)
Create and divide its capital stock into two (2) or more classes, including common and preferred stock, any of which may be stock without par value and to issue the same, all as provided by title 48, chapter 16, pertaining to ordinary domestic corporations, which sections are declared to extend to corporations formed by the consolidation of two (2) or more railroad corporations; and any such corporation, heretofore so formed under the laws of this state, may avail itself of the powers and privileges hereby conferred by amendment or amendments to the charter of incorporation of such corporation, in the manner and by the means as now provided by law, or to the agreement of consolidation, setting forth the maximum number of shares of stock with nominal or par value and the maximum number of shares without nominal or par value that the corporation is authorized to have outstanding at any time, the classes, with the distinguishing characteristics of each, if any, into which the same are divided, and the nominal or par value of shares of stock other than shares which it is stated are to have no nominal or par value;
(5)
Issue bonds and dispose of same in such form, and denomination, and bearing such interest, as the board of directors may determine, and to secure the payment thereof by mortgage of every and all the property and franchises of the consolidated company, and of the companies from which it was formed; and
(6)
Do all other acts and things which the companies so consolidating, or either of them, might have done previous to such consolidation.
Acts 1877, ch. 72, § 3; Shan., § 1528; Code 1932, § 2603; Acts 1937, ch. 170, § 1; C. Supp. 1950, § 2603; T.C.A. (orig. ed.), § 65-907.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 9 - CONSOLIDATION OF RAILROADS (§§ 65-9-101 — 65-9-109) › Section 65-9-108 - Privileges and exemption from taxation not transferred

No franchise, right, power, immunity, or exemption not granted at the time of consolidation by the laws of this state to the railway companies which may form part of such consolidated company shall be given to, transferred to, or conferred upon any such consolidated company, or company or person operating such consolidation of railroads as provided for in this chapter or in any other law of this state; and no exemption from taxation of railroad property and franchises, and capital stock therein, contained in railway charters or other railway laws of this state, shall be transferred to, or conferred upon, such consolidated company, or the property and franchises and capital stock therein, of such consolidation of railroads, or of the property appertaining to and used in the operation of such railroads.
Acts 1877, ch. 72, § 3; Shan., § 1529; Code 1932, § 2604; T.C.A. (orig. ed.), § 65-908.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 9 - CONSOLIDATION OF RAILROADS (§§ 65-9-101 — 65-9-109) › Section 65-9-109 - Consolidation of proposed roads

(a)
It is lawful for any railroad corporation, existing in this state under a general law, that now has under construction, or proposes to construct and operate and maintain, a railroad for the transportation as common carrier of persons and freights, to consolidate with any other railroad corporation that has under construction, or proposes to construct and operate and maintain, another such railroad for the transportation of persons and freights.
(b)
The consolidation provided for in subsection (a) shall not have effect until the terms and conditions of the agreement shall have been approved by a majority of the stockholders of each of the consolidating companies at a regular annual meeting, or at a called meeting called for that purpose.
(c)
This section shall not apply to corporations whose proposed railroad line or lines shall run parallel to each other, or in any way compete with each other for the transportation of persons and freights from or to the same points, it being the intention to apply this section, and extend the privileges granted, to such corporations as have, or may have, under construction, or propose to construct, such railroad lines as, when consolidated, will form one (1) continuous line, or one will be but an extension of another or others.
(d)
This section shall apply to railroads under construction, or proposed to be constructed, which, when completed, are to be connected, and form one (1) continuous line in this or other states; provided, that the part of the road so consolidated lying in this state shall be subject to the jurisdiction of the state in its legislative and judicial departments to the same extent as if no such consolidation had been made.
Acts 1887, ch. 188, §§ 1-4; Shan., §§ 1532-1535; Code 1932, §§ 2605-2608; T.C.A. (orig. ed.), §§ 65-909 -- 65-912.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 1 - GENERAL PROVISIONS (§§ 65-10-101 — 65-10-113) › Section 65-10-101 - Lien of contractors

Where any railroad company contracts with any person for the grading of its roadway, the construction or repair of its culverts, bridges, and masonry, the furnishing of cross-ties, the laying of its track, the erection of its depots, platforms, wood or water stations, section houses, machine shops, or other buildings, or for the delivery of material for any of these purposes, or for engineering or superintendence, there shall be a lien upon such railroad, its franchise and property, in favor of the person with whom the railroad company contracts for the performance of the work or the delivery of the materials, to the amount of the debt contracted for such performance or delivery.
Acts 1883, ch. 220, § 1; Shan., § 3570; mod. Code 1932, § 7992; T.C.A. (orig. ed.), § 65-1001.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 1 - GENERAL PROVISIONS (§§ 65-10-101 — 65-10-113) › Section 65-10-102 - Duration of contractors' lien

The lien shall continue in force for six (6) months after the performance of the work or the delivery of the material, and until the termination of any suit commenced within the time for its enforcement.
Acts 1883, ch. 220, § 1; Shan., § 3571; Code 1932, § 7993; T.C.A. (orig. ed.), § 65-1002.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 1 - GENERAL PROVISIONS (§§ 65-10-101 — 65-10-113) › Section 65-10-103 - Enforcement of contractors' lien

This lien may be enforced by a suit against the railroad company in the circuit or chancery court of the county where the work, or some part thereof, was done, or the material, or some part thereof, was delivered.
Acts 1883, ch. 220, § 2; Shan., § 3572; mod. Code 1932, § 7994; T.C.A. (orig. ed.), § 65-1003.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 1 - GENERAL PROVISIONS (§§ 65-10-101 — 65-10-113) › Section 65-10-104 - Pleadings

The pleading of the plaintiff or complainant shall set out, with reasonable certainty, the work done or the materials furnished, the amount of indebtedness claimed therefor, and the nature and the substance of the contract, and such suit shall be docketed and conducted as other suits in the court.
Acts 1883, ch. 220, § 2; Shan., § 3573; mod. Code 1932, § 7995; T.C.A. (orig. ed.), § 65-1004.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 1 - GENERAL PROVISIONS (§§ 65-10-101 — 65-10-113) › Section 65-10-105 - Lien of subcontractors against contractor

When any principal contractor, by which is meant one who contracts directly with the railroad companies, shall refuse to pay any subcontractor, mechanic, laborer, or other person employed by the principal contractor for the performance of any of such work or the delivery of materials for the purposes provided for in §
65-10-101
, such subcontractor, mechanic, laborer, or other person so employed by the principal contractor may elect to give notice, in writing, to the railroad company, setting out the work done or material furnished, and the amount claimed therefor, and, thereupon, the amount that may be due or owing from the railroad company to the principal contractor, not exceeding the sum claimed, shall be bound and liable, in the hands of the railroad company, for the payment of the amount so claimed, and shall constitute a first lien in favor of the claimant, superior to all other liens upon the company's railroad, and shall continue in force for a period of ninety (90) days from the date of service of such notice, and until the termination of any suit commenced within that time to enforce it.
Acts 1883, ch. 220, § 3; Shan., § 3574; mod. Code 1932, § 7996; T.C.A. (orig. ed.), § 65-1005.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 1 - GENERAL PROVISIONS (§§ 65-10-101 — 65-10-113) › Section 65-10-106 - Payment into court by railroad

If, after notice provided for in §
65-10-105
, the principal contractor shall bring suit against the railroad company, the latter may relieve itself by paying into court the amount so claimed, and the person giving such notice shall be summoned to contest the matter with the principal contractor, and such judgment be rendered thereon as the right may appear.
Acts 1883, ch. 220, § 3; Shan., § 3575; Code 1932, § 7997; T.C.A. (orig. ed.), § 65-1006.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 1 - GENERAL PROVISIONS (§§ 65-10-101 — 65-10-113) › Section 65-10-107 - Enforcement of lien against contractor

The claim provided for in §
65-10-105
may be enforced against the railroad company, as garnishee, and the principal contractor, as debtor, in such court or before any judge of the court of general sessions of the county having jurisdiction of the amount claimed.
Acts 1883, ch. 220, § 3; Shan., § 3576; mod. Code 1932, § 7998; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 65-1007.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 1 - GENERAL PROVISIONS (§§ 65-10-101 — 65-10-113) › Section 65-10-108 - Lien of laborer or materialman against subcontractor

If any subcontractor refuses to pay any mechanic, laborer, or other person employed by such contractor, for the performance of any of the work, or the delivery of material for the purposes provided for in §
65-10-101
, such mechanic, laborer, or other person so employed by the subcontractor may elect to give notice, in writing, to the principal contractor, setting out the work done or the material furnished, and the amount claimed therefor; and thereupon the amount that may be due or owing from the principal contractor to the subcontractor, not exceeding the amount of the claim, shall be bound and liable in the hands of the principal contractor, for the amount so claimed, for a period of ninety (90) days from the date of the service of notice upon the principal contractor, or the principal contractor's agent or attorney, and until the termination of any suit commenced within that time for the collection of such claim.
Acts 1883, ch. 220, § 4; Shan., § 3577; mod. Code 1932, § 7999; T.C.A. (orig. ed.), § 65-1008.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 1 - GENERAL PROVISIONS (§§ 65-10-101 — 65-10-113) › Section 65-10-109 - Enforcement of lien against subcontractor

The notice provided for in §
65-10-105
shall operate as a first lien in favor of the claimant upon the amount that may be due from the principal contractor to the subcontractor, and may be enforced against the principal contractor as garnishee and the subcontractor as debtor.
Acts 1883, ch. 220, § 4; Shan., § 3578; mod. Code 1932, § 8000; T.C.A. (orig. ed.), § 65-1009.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 1 - GENERAL PROVISIONS (§§ 65-10-101 — 65-10-113) › Section 65-10-110 - Payment into court by principal contractor

The principal contractor may, upon receiving the notice provided for in §
65-10-105
, be relieved, if sued, by paying the sum claimed into court, which payment into court shall discharge the principal contractor from liability to the subcontractor for the amount so paid into court; and thereupon the subcontractor shall be summoned to answer the demand of the claimant, and such judgment shall be rendered thereon as the right may appear.
Acts 1883, ch. 220, § 4; Shan., § 3579; Code 1932, § 8001; T.C.A. (orig. ed.), § 65-1010.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 1 - GENERAL PROVISIONS (§§ 65-10-101 — 65-10-113) › Section 65-10-111 - Equipment and rolling stock

(a)
In any written contract of or for the sale of the railroad equipment or rolling stock, deliverable immediately or subsequently at stipulated periods, by the terms of which the purchase money, in whole or in part, is to be paid in the future, it may be agreed that the title to the property so sold or contracted to be sold shall not pass to or vest in the vendee until the purchase money shall have been fully paid, or that the vendor shall have and retain a lien thereon for the unpaid purchase money, notwithstanding delivery thereof to and possession by the vendee; provided, that the terms of credit for the payment of the purchase money shall not exceed fifteen (15) years from the execution of the contract.
(b)
In any written contract for the leasing or renting of railroad equipment or rolling stock, it is lawful to stipulate for a conditional sale thereof at the termination of such lease, and to stipulate that the rentals received may, as paid or when paid in full, be applied and treated as purchase money, and that the title of such property shall not vest in such lessee or vendee until the purchase money shall have been paid in full, notwithstanding delivery to and possession by such lessee or vendee, subject, however, to the proviso contained in subsection (a).
(c)
Every such contract specified in this section shall be good, valid, and effectual, both in law and equity, against all purchasers and creditors; provided, first, the same shall be acknowledged by the vendee or lessee before some officer authorized by law to take acknowledgments of deeds in the form required as to conveyance of real estate; second, such instrument shall be registered in the office of the register of the county in which, at the time of the execution thereof, is situated the principal office of the vendee or lessee in this state; and third, each locomotive engine or car so sold or contracted to be sold or leased as aforementioned shall have the name of the vendor or lessor, or the assignee of such vendor or lessor, plainly placed or marked on each side thereof, or be otherwise marked so as to indicate the ownership thereof.
Acts 1885, ch. 96, §§ 1-3, 5; 1903, ch. 199, § 1; Shan., §§ 3587-3589; Code 1932, §§ 8009-8011; T.C.A. (orig. ed.), §§ 65-1018 -- 65-1020; Acts 1991, ch. 360, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 1 - GENERAL PROVISIONS (§§ 65-10-101 — 65-10-113) › Section 65-10-112 - Priority of judgments for timbers, work, or damages

No railroad company shall have power to give or create any mortgage or other kind of lien on its railway property in this state, which shall be valid and binding against judgments and decrees, and executions therefrom, for timbers furnished and work and labor done on, or for damages done to persons and property in the operation of its railroad in this state.
Acts 1877, ch. 12, § 3; 1877, ch. 72, § 3; Shan., § 1530; Code 1932, § 2587; T.C.A. (orig. ed.), § 65-1021.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 1 - GENERAL PROVISIONS (§§ 65-10-101 — 65-10-113) › Section 65-10-113 - Lessee holds subject to burdens against lessor

The lessee of any railroad shall hold such road subject to the liens and liabilities to which it was subject in the hands of the lessor, and be bound for all payments for which the lessor was liable.
Code 1858, § 1123 (deriv. Acts 1857-1858, ch. 8, § 3); Shan., § 1539; Code 1932, § 2609; T.C.A. (orig. ed.), § 65-1022.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 2 - SUBCONTRACTOR'S LIEN AGAINST RAILROAD (§§ 65-10-201 — 65-10-207) › Section 65-10-201 - Direct lien against railroad authorized

Every subcontractor, laborer, materialman, or other person who performs any part of the work in grading any railroad company's roadway, or who constructs or aids in the construction or repairs of its culverts and bridges, or furnishes cross-ties or masonry or bridge timbers for the same, which is used in the building and construction of such railroad, its bridges and culverts, or who lays or aids in the laying of its track, building of its bridges, the erection of its depots, platforms, wood or water stations, section houses, machine shops, or other buildings, or for the delivery of material for any of these purposes, or for any engineering or superintendence, or who performs any valuable service, manual or professional, by which any such railroad company receives a benefit, all and every such person or persons at election shall have a direct lien on such railroad, its franchises and property, for the value of such work and labor done or material furnished or services rendered as set out and specified, in as full and ample a manner as is provided by §
65-10-101
, for persons contracting directly with such railroad company for any such work and labor done or for materials furnished.
Acts 1891, ch. 98, § 1; Shan., § 3580; mod. Code 1932, § 8002; T.C.A. (orig. ed.), § 65-1011.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 2 - SUBCONTRACTOR'S LIEN AGAINST RAILROAD (§§ 65-10-201 — 65-10-207) › Section 65-10-202 - Notice to secure lien

To secure this direct lien, such subcontractor, laborer, materialman, or other person rendering the labor or service, shall, within ninety (90) days after such work and labor is done or completed, or such materials are furnished, or such services are rendered, notify, in writing, any such railroad company, or the owners of such railroad, should it or they reside in the state, or its or their agents or attorneys, should it or they be beyond the limit of the state, that the lien is claimed, specifying in the face of the notice the character of the work and labor done or services rendered, or materials furnished, and the value of such labor, services or materials.
Acts 1891, ch. 98, § 1; Shan., § 3581; mod. Code 1932, § 8003; T.C.A (orig. ed.), § 65-1012.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 2 - SUBCONTRACTOR'S LIEN AGAINST RAILROAD (§§ 65-10-201 — 65-10-207) › Section 65-10-203 - Duration of lien

Such lien shall continue for the space of one (1) year from the service of the notice, and until the termination of any suit, commenced for the enforcement within one (1) year; and the lien shall have priority over all other liens on such railroad, its property and franchises.
Acts 1891, ch. 98, § 1; Shan., § 3582; mod. Code 1932, § 8004; T.C.A. (orig. ed.), § 65-1013.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 2 - SUBCONTRACTOR'S LIEN AGAINST RAILROAD (§§ 65-10-201 — 65-10-207) › Section 65-10-204 - Jurisdiction to enforce lien

The liens provided for in §
65-10-201
may be enforced by suit brought against such railroad company in the circuit or chancery court of the county where the work or material, or any part thereof, was done or furnished, or any part of the services was rendered.
Acts 1891, ch. 98, § 2; Shan., § 3583; Code 1932, § 8005; T.C.A. (orig. ed.), § 65-1014.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 2 - SUBCONTRACTOR'S LIEN AGAINST RAILROAD (§§ 65-10-201 — 65-10-207) › Section 65-10-205 - Pleadings

The declaration or bill, as the case may be, of a plaintiff or complainant shall set out with reasonable certainty, the work done, services rendered, or materials furnished, the amount claimed therefor, the nature and substance of any contract made with such railroad company, or any contractor or construction company, or subcontractor, as the case may be, accompanying such declaration or bill with a copy of the notice, executed as required in §
65-10-202
.
Acts 1891, ch. 98, § 3; Shan., § 3584; mod. Code 1932, § 8006; T.C.A. (orig. ed.), § 65-1015.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 2 - SUBCONTRACTOR'S LIEN AGAINST RAILROAD (§§ 65-10-201 — 65-10-207) › Section 65-10-206 - Priority of lien

No railroad company shall have power to give or create any mortgage or other kind of lien on its railroad, its property or franchises, in this state, which shall be valid and binding against any judgments or decrees, or execution issued thereon, rendered in any of the courts in this state, for the enforcement of any liens provided for in this chapter; nor shall the liens created by §
65-10-201
be hindered, postponed, delayed or defeated by any contract, real or pretended, made by any railroad company with any principal or construction company, real or pretended.
Acts 1891, ch. 98, § 4; Shan., § 3585; Code 1932, § 8007; T.C.A. (orig. ed.), § 65-1016.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 10 - LIENS ON RAILROAD PROPERTY (§§ 65-10-101 — 65-10-207) › Part 2 - SUBCONTRACTOR'S LIEN AGAINST RAILROAD (§§ 65-10-201 — 65-10-207) › Section 65-10-207 - Indemnity bond - Judgment by motion

Any such railroad company shall have the right to demand from any principal contractor or construction company an indemnity or refunding bond to protect it in case of the enforcement of the liens created by §
65-10-201
; and in case any original contractor or construction company is paid for work done or material furnished, or any part of it, covered by this part, and such original contractor or construction company should fail to pay any subcontractor, laborer, or materialman, for work done or material furnished, as specified in §
65-10-201
, then, upon the payment of such subcontractor, laborer, or materialman of the amount due, such railroad company shall have judgment, by motion, for such amount so paid on such bond in court; but any contractor or construction company shall have the right to intervene and contest the claim of such subcontractor, laborer, or materialman claiming to be employed by such contractor or construction company.
Acts 1891, ch. 98, § 5; Shan., § 3586; mod. Code 1932, § 8008; T.C.A. § 65-1017.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 11 - HIGHWAY CROSSINGS (§§ 65-11-101 — 65-11-116) › Section 65-11-102 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 713,s 1, eff. 4/11/2024.
Acts 1889, ch. 119, § 2; Shan., § 1594; mod. Code 1932, § 2658; Acts 1975, ch. 103, § 1; T.C.A. (orig. ed.), § 65-1102.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 11 - HIGHWAY CROSSINGS (§§ 65-11-101 — 65-11-116) › Section 65-11-103 - Construction, maintenance and repair

Every corporation or person operating a line of railroad within the state is required to maintain or construct to a plane with the rails of the railroad and to keep in repair every public road crossing of such railroad for a distance of ten feet (10') on each side of such railroad track and between the rails thereof. Where superelevated track or tracks or other physical conditions make strict compliance with this section impractical, the plane shall be constructed so as to provide the best vertical alignment under the circumstances with due regard to surface regularity. Nothing in this section is intended to change judicial interpretations of predecessor sections with respect to a railroad's obligation to keep in repair necessary crossing approaches beyond ten feet (10') on each side of such railroad tracks.
Acts 1899, ch. 356, § 1; Shan., § 1594a1; mod. Code 1932, §2660; Acts 1975, ch. 103, § 2; T.C.A. (orig. ed.), § 65-1103; Acts 1992, ch. 1005, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 11 - HIGHWAY CROSSINGS (§§ 65-11-101 — 65-11-116) › Section 65-11-104 - Noncompliance with section 65 - 11 - 103 - Misdemeanor

The failure of any such person to comply with the requirements of §
65-11-103
is a Class C misdemeanor.
Acts 1899, ch. 356, § 2; Shan., § 1594a2; Code 1932, § 2661; T.C.A. (orig. ed.), § 65-1104; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 11 - HIGHWAY CROSSINGS (§§ 65-11-101 — 65-11-116) › Section 65-11-105 - Form of railroad crossing sign

The commissioner of transportation or the commissioner's designee, after conducting such hearing as is deemed appropriate, is empowered and directed to determine a standard railroad crossing sign for the state.
Acts 1921, ch. 41, § 2; Shan. Supp., § 1593a1; mod. Code 1932, § 2659; impl. am. Acts 1955, ch. 69, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 65-1105; Acts 1995, ch. 305, § 25.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 11 - HIGHWAY CROSSINGS (§§ 65-11-101 — 65-11-116) › Section 65-11-106 - Liability for blocking street crossing

No member of a railroad train crew shall be held personally guilty of violating a municipal ordinance regulating the blocking of street crossings by trains or cars, on proof that such action was necessary to comply with the orders or instructions of the crew member's employer or its officers; provided, that nothing in this section shall relieve the employer or railway from any responsibility placed upon it by the ordinance.
Acts 1949, ch. 159, § 1; C. Supp. 1950, § 266.1; T.C.A. (orig. ed.), § 65-1106.