reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 23 - ACQUISITION OF LANDS BY POLITICAL SUBDIVISIONS FOR FORESTRY PURPOSES (§§ 11-23-101 — 11-23-105) › Section 11-23-105 - Net income paid into general fund

The net income from such lands shall be paid into the general fund of such county, municipality or political subdivision and shall be used only upon order of its governing body.
Acts 1941, ch. 105, § 5; C. Supp. 1950, § 630.32 (Williams, §630.25e); T.C.A. (orig. ed.), § 11-705.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 24 - MUNICIPAL RECREATIONAL SYSTEMS (§§ 11-24-101 — 11-24-202) › Part 1 - GENERAL PROVISIONS (§§ 11-24-101 — 11-24-113) › Section 11-24-101 - "Municipality" construed to include counties

For the purposes of this part, "municipality" shall be construed to mean any city, town, township, school district, or other political subdivision including counties of the state of Tennessee.
Acts 1937, ch. 307, § 1; mod. C. Supp. 1950, § 3516.1; T.C.A. (orig. ed.), § 11-901.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 24 - MUNICIPAL RECREATIONAL SYSTEMS (§§ 11-24-101 — 11-24-202) › Part 1 - GENERAL PROVISIONS (§§ 11-24-101 — 11-24-113) › Section 11-24-102 - Dedication and acquisition of property for recreational purposes

The governing body of any city or town, or county, or any school district, may dedicate and set apart for use as playgrounds, recreation centers, and other recreational purposes, any lands or buildings, or both, owned or leased by such municipality and not dedicated or devoted to another and inconsistent public use, and such municipality may, in such manner as may now or hereafter be authorized or provided by law for the acquisition of lands or buildings for public purposes, acquire or lease lands or buildings, or both, for such recreational purposes, or if there is no law authorizing such acquisition or leasing of such lands or buildings, the governing body of any such municipality is hereby empowered to acquire lands or buildings, or both, for such purposes by gift, purchase, condemnation or lease.
Acts 1937, ch. 307, § 2; C. Supp. 1950, § 3516.2; T.C.A. (orig. ed.), § 11-902.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 24 - MUNICIPAL RECREATIONAL SYSTEMS (§§ 11-24-101 — 11-24-202) › Part 1 - GENERAL PROVISIONS (§§ 11-24-101 — 11-24-113) › Section 11-24-103 - Operation and maintenance of parks, and recreational facilities and programs

(a)
A municipality has the power to operate and maintain parks and recreation facilities and to conduct recreation programs. This power includes the power to appropriate funds for these purposes.
(b)
A municipality shall use one (1) and only one (1) of the following methods to operate and maintain parks and recreation facilities and to conduct recreation programs:
(1)
The authority to operate and maintain parks and recreation facilities and to conduct recreation programs may be retained by the governing body of a municipality and in that case there may be a recreation advisory board or boards. If an advisory board or boards are created, they shall be so named and shall be created by ordinance. The affairs of advisory boards shall be conducted in a manner determined by the governing body of the municipality. Advisory boards shall not be responsible for the supervision of staff, the hiring or dismissal of staff, the expenditure of public funds or the promulgation or enforcement of rules and regulations governing parks and recreation facilities or programs. However, advisory boards may advise the governing body of the municipality on any of these matters and act on behalf of the governing body, on a case by case basis, if so authorized by the governing body;
(2)
The authority to operate and maintain parks and recreation facilities and to conduct recreation programs may be delegated by the governing body of a municipality to a parks and recreation board as permitted by §
11-24-104(a)
; and
(3)
The authority to operate and maintain parks and recreation facilities and to conduct recreation programs may be delegated by the governing body of a municipality to a joint board or authority as permitted by §
11-24-105
.
(c)
A municipality may employ a parks and recreation director and any other supervisory or maintenance staff as it deems proper. The director shall be qualified by education and experience and be of good moral character.
(d)
Nothing in this section shall be interpreted as abolishing or limiting the powers or authority of local parks and recreation boards or special boards of trustees with responsibility for park properties pursuant to existing state law.
(e)
Notwithstanding chapter 21 of this title, or any other law to the contrary, if by resolution or ordinance a county legislative body selects one of the methods enumerated in subsection (b) to manage county parks and recreation facilities and programs, then chapter 21 shall not apply within the county until such resolution or ordinance is superseded or repealed.
Acts 1937, ch. 307, § 3; C. Supp. 1950, § 3516.3; T.C.A. (orig. ed.), § 11-903; Acts 1985, ch. 133, § 1; 2000, ch. 857, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 24 - MUNICIPAL RECREATIONAL SYSTEMS (§§ 11-24-101 — 11-24-202) › Part 1 - GENERAL PROVISIONS (§§ 11-24-101 — 11-24-113) › Section 11-24-105 - Joint systems

Any two (2) or more municipalities may jointly provide, establish, maintain and conduct a supervised recreation system and acquire property for and establish and maintain playgrounds, recreation centers, and other recreational facilities and activities.
Acts 1937, ch. 307, § 5; C. Supp. 1950, § 3516.5; T.C.A. (orig. ed.), § 11-905.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 24 - MUNICIPAL RECREATIONAL SYSTEMS (§§ 11-24-101 — 11-24-202) › Part 1 - GENERAL PROVISIONS (§§ 11-24-101 — 11-24-113) › Section 11-24-106 - Gifts of property for recreational purposes - Expenditure of funds

A recreation board or commission or other authority in which this part vests the power to provide, establish, maintain and conduct such supervised recreation system may accept any grant or devise of real estate or any gift or bequest of money or other personal property or any donation to be applied, principal or income, for either temporary or permanent use for playgrounds or recreation purposes, but if the acceptance thereof for such purpose will subject the municipality to additional expense for improvement, maintenance or renewal, the acceptance of any grant or devise of real estate shall be subject to the approval of the governing body of such municipality. Money received for such purpose, unless otherwise provided by the terms of the gift or bequest, shall be deposited with the treasurer of the municipality to the account of the recreation board or other body having charge of such work, and the same may be withdrawn and paid out in the same manner as money appropriated for recreational purposes.
Acts 1937, ch. 307, § 6; C. Supp. 1950, § 3516.6; T.C.A. (orig. ed.), § 11-906.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 24 - MUNICIPAL RECREATIONAL SYSTEMS (§§ 11-24-101 — 11-24-202) › Part 1 - GENERAL PROVISIONS (§§ 11-24-101 — 11-24-113) › Section 11-24-107 - Bonds - Issuance authorized for recreational purposes

The governing body of any municipality may, pursuant to law, provide that the bonds of such municipality may be issued in the manner provided by law for the issuance of bonds for other purposes, for the purpose of acquiring lands or buildings for playgrounds, recreation centers and other recreational purposes, and for the equipment for such items.
Acts 1937, ch. 307, § 7; C. Supp. 1950, § 3516.7; T.C.A. (orig. ed.), § 11-907.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 24 - MUNICIPAL RECREATIONAL SYSTEMS (§§ 11-24-101 — 11-24-202) › Part 1 - GENERAL PROVISIONS (§§ 11-24-101 — 11-24-113) › Section 11-24-108 - Maintenance and conduct - Funding and taxation

(a)
It is the duty of the governing body of a municipality or county to provide for maintenance and conduct of any recreation system created under this part.
(b)
The funds for such maintenance and conduct may be provided from any of the following sources:
(1)
By taxes levied upon real and personal property of the municipality or county;
(2)
From the general revenue of the municipality or county from whatever source;
(3)
From reasonable fees and charges for program services and for use of facilities; and
(4)
From any otherwise lawful funding source considered by the governing body to be appropriate for these purposes.
Acts 1937, ch. 307, § 8; C. Supp. 1950, § 3516.8; T.C.A. (orig. ed.), § 11-908; Acts 1992, ch. 696, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 24 - MUNICIPAL RECREATIONAL SYSTEMS (§§ 11-24-101 — 11-24-202) › Part 1 - GENERAL PROVISIONS (§§ 11-24-101 — 11-24-113) › Section 11-24-109 - Special playground and recreation tax

The governing body of any municipality or county adopting this part may levy and collect a tax, the rate of which to be set by the governing body and the proceeds to be designated as a special playground and recreation tax, and shall be levied and collected in like manner as a general tax of the municipality, but the same shall be in addition to and exclusive of all other taxes such municipality may levy or collect, nor shall such tax be sealed down under any existing law.
Acts 1937, ch. 307, § 9; C. Supp. 1950, § 3516.9; T.C.A. (orig. ed.), § 11-909; Acts 1992, ch. 696, § 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 24 - MUNICIPAL RECREATIONAL SYSTEMS (§§ 11-24-101 — 11-24-202) › Part 1 - GENERAL PROVISIONS (§§ 11-24-101 — 11-24-113) › Section 11-24-110 - Use of school district buildings, grounds or equipment by municipal recreation system

(a)
Any county board of education or the governing body of any special school district may grant the use of any buildings, grounds, or equipment of the district to any municipal recreation system for the purpose of carrying out this part whenever such use of the school buildings, grounds or equipment for such purposes will not interfere with the use of the buildings, grounds and equipment for any purposes of the public school system.
(b)
The departments of environment and conservation and education shall assist municipal recreation systems with a positive program of technical advice so as to assure that school officials and municipal recreation systems cooperate in making school facilities available for recreational purposes. In providing this service, such departments shall work cooperatively with the Tennessee School Boards Association and the Tennessee Recreation and Parks Association. All state and local officials working in furtherance of this section shall take due notice of the model Tennessee agreement between school boards and parks and recreation agencies as jointly published by the Tennessee School Boards Association and the Tennessee Parks and Recreation Association and as this document may from time to time, be amended. A current copy of this document with amendments shall be kept on file in the office of the parks and recreation technical advisory service.
Acts 1937, ch. 307, § 10; C. Supp. 1950, § 3516.10; T.C.A. (orig. ed.), § 11-910; Acts 1989, ch. 23, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 24 - MUNICIPAL RECREATIONAL SYSTEMS (§§ 11-24-101 — 11-24-202) › Part 1 - GENERAL PROVISIONS (§§ 11-24-101 — 11-24-113) › Section 11-24-111 - Proceeds from amusement facilities - Restoration of historic structures

(a)
Any municipality, county or metropolitan government which rents, leases, or otherwise makes available to any private entity or person, space within a public park for the operation of a sports or amusement facility operated for profit, shall be entitled to devote a portion of the proceeds it receives from the operation of such facility for the repair and restoration of any historic structure, including fortifications from the Civil War period, which is located in the same park.
(b)
This section shall not apply to counties having a population of not less than three hundred fifteen thousand (315,000) nor more than three hundred fifty thousand (350,000) according to the federal census of 1980 or any subsequent census.
Acts 1983, ch. 30, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 24 - MUNICIPAL RECREATIONAL SYSTEMS (§§ 11-24-101 — 11-24-202) › Part 1 - GENERAL PROVISIONS (§§ 11-24-101 — 11-24-113) › Section 11-24-112 - Rules and regulations

(a)
Parks and recreation boards created under §
11-24-104(a)
or joint systems created under §
11-24-105
are empowered to make, alter, amend or repeal rules and regulations for the protection, regulation and control of parks, preserves, parkways, playgrounds, recreation centers, and other property under their control. No rules and regulations adopted shall be contrary to, or inconsistent with, the laws of the state of Tennessee or the ordinances of the municipality within which a facility is located. Such rules and regulations shall be enforced by local law enforcement officials.
(b)
Rules and regulations shall not take effect until ten (10) days after their adoption by the board, after their publication once a week for two (2) weeks in at least one (1) paper circulating in the county and after a copy thereof has been posted near each gate or principal entrance to the public ground to which they apply. All rules, after being so adopted and after notice is given, shall be subject to enforcement by a fine of not more than fifty dollars ($50.00) for each violation to be levied against any person found guilty of violating such rules and regulations.
(c)
Copies of rules and regulations subject to such enforcement must be available for public inspection or review at the principal office of the parks and recreation board or joint system. Any county adopting this section is authorized to make such additional rules and regulations for the reasonable implementation of this section, and these rules and regulations shall be enforceable by the sheriff of the county.
(d)
This section shall not apply to counties having a metropolitan form of government.
Acts 1984, ch. 902, §§ 1, 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 24 - MUNICIPAL RECREATIONAL SYSTEMS (§§ 11-24-101 — 11-24-202) › Part 1 - GENERAL PROVISIONS (§§ 11-24-101 — 11-24-113) › Section 11-24-113 - Individual honored by park, recreation or other property dedication need not be deceased

No municipality, recreation board or commission or other authority in which this part vests the power to provide, establish, maintain and conduct a supervised recreation system shall require that any parks, recreation facilities and other property under its control be named in dedication only to individuals who are deceased at the time of such naming.
Acts 2009, ch. 500, § 3.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 24 - MUNICIPAL RECREATIONAL SYSTEMS (§§ 11-24-101 — 11-24-202) › Part 2 - VOLUNTEER SERVICES (§§ 11-24-201 — 11-24-202) › Section 11-24-201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of environment and conservation; and
(2)
"Municipality" means any city, town, metropolitan government, or other political subdivision, including counties, of the state of Tennessee.
Acts 1993, ch. 256, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 24 - MUNICIPAL RECREATIONAL SYSTEMS (§§ 11-24-101 — 11-24-202) › Part 2 - VOLUNTEER SERVICES (§§ 11-24-201 — 11-24-202) › Section 11-24-202 - Programs established by formal agreements

The governing body of any municipality or the recreation board or commission, as appropriate, may enter into formal agreements with business and civic groups and individuals for volunteer services to maintain and make improvements to real and personal property in municipal parks in accordance with plans devised by the municipality or its recreation board after consultation with the volunteers.
Acts 1993, ch. 256, § 2.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 25 - DOE MOUNTAIN RECREATION AUTHORITY ACT OF 2012 (§§ 11-25-101 — 11-25-119) › Section 11-25-101 - Short title

This chapter shall be known and may be cited as the "Doe Mountain Recreation Authority Act of 2012."
Acts 2012, ch. 1106, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 25 - DOE MOUNTAIN RECREATION AUTHORITY ACT OF 2012 (§§ 11-25-101 — 11-25-119) › Section 11-25-102 - Legislative findings - Purpose - Liberal construction

(a)
It is hereby found and determined that:
(1)
There is an immediate need to conserve Doe Mountain, an iconic eight thousand six hundred (8,600) acre forested mountain presently under threat from economic distress;
(2)
It is through conservation of these same Appalachian Mountains, in particular, Doe Mountain, that will give rise to an unparalleled location for family-oriented, multi-use outdoor recreation, job creation, and economic growth;
(3)
The conservation of Doe Mountain and the proper development of multi-use recreational opportunities on the mountain requires partnerships between state and local government, the private sector, conservationists, and an engaged local community to preserve the mountain's unique nature and realize its economic potential;
(4)
In many instances, effective cooperation between these parties has been hampered by inadequate statutory authority and management expertise. An authority vested with the full range of necessary statutory powers is, therefore, needed to ensure the success of Doe Mountain's conservation and to realize its full economic potential for the citizens of this state; and
(5)
Realizing that the economic development potential of newly acquired conservation lands calls for a new mechanism to manage these lands for multi-use outdoor recreation opportunities and to make the public aware of these opportunities, the general assembly, therefore, intends to vest an authority with the powers set forth herein to prepare comprehensive, long-range, site-specific master plans and to ensure compliance with such plans; to conserve the land, waters, and wildlife of Doe Mountain in a manner protective of the resource, including, where applicable, transfer of lands management for natural areas and/or wildlife management areas; and to foster economic development for the people by the development and operation of multi-use, family-oriented outdoor recreation opportunities.
(b)
It is the purpose of this chapter to address these findings by providing for the establishment of the Doe Mountain Recreation Authority to protect and conserve the natural resources of Doe Mountain through planning, promoting, financing, constructing, managing, and developing multi-use recreational opportunities for public participation and enjoyment that will create jobs and facilitate economic development.
(c)
This chapter shall be liberally construed in conformity with its purpose.
Acts 2012, ch. 1106, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 25 - DOE MOUNTAIN RECREATION AUTHORITY ACT OF 2012 (§§ 11-25-101 — 11-25-119) › Section 11-25-103 - Creation and establishment of the authority

There is hereby created and established the "Doe Mountain Recreation Authority," being a public body corporate and politic.
Acts 2012, ch. 1106, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 25 - DOE MOUNTAIN RECREATION AUTHORITY ACT OF 2012 (§§ 11-25-101 — 11-25-119) › Section 11-25-104 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Adventure tourism activities" means outdoor recreational opportunities such as equine and motorized trail riding, rappelling, road biking, rock climbing, hang gliding, spelunking, shooting sports, mountain biking, canoeing, paragliding, zip lining and other such activities;
(2)
"Authority" means the Doe Mountain recreation authority;
(3)
"Board" means the board of directors of the authority;
(4)
"Bonds" or "revenue bonds" means bonds, notes, interim certificates or other obligations of an authority issued pursuant to this chapter, or pursuant to any other law, as supplemented by, or in conjunction with, this chapter;
(5)
"County" means the county in this state in which Doe Mountain is located;
(6)
"Governing body" means the legislative body of a county as defined in this chapter;
(7)
"Municipality" means any county, or any incorporated city or town in this state with respect to which the authority may be organized;
(8)
"Person" means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character;
(9)
"Project" means any outdoor recreational facility, or any other structure, improvement, or facility constructed, leased, equipped, renovated or acquired for any of the purposes set forth in this chapter, and also includes, but is not limited to, trails, roads, streets, bridges, towers, erosion control facilities, paths, signs, shelters, cabins, and utility services, such as water, sanitary sewer, electricity, gas and natural gas, and telecommunications that are constructed, leased, equipped, renovated or acquired as a supporting system or facility for any of the purposes set forth in this chapter; provided, that such supporting system or facility is dedicated for public use;
(10)
"Revenues" means all revenues derived from and on account of a project, directly or indirectly, including license or admission fees, payments under a lease or sale contract and repayments under any loan agreement, or under notes, debentures, bonds and other secured or unsecured debt obligations of a lessee or contracting party delivered as provided in this chapter, and any revenues pledged by a municipality;
(11)
"Outdoor recreational facilities" means and includes projects, facilities, improvements, and structures erected for any and all types of recreational pursuits, including, but not limited to, adventure tourism activities, camping, hiking, hunting, fishing, wildlife viewing, or any other outdoor recreational activity that adds to the recreational enrichment and economic development of the community; and
(12)
"State" means the state of Tennessee and, unless otherwise indicated by the context, any agency, authority, branch, bureau, commission, corporation, department or instrumentality of the state, now or hereafter existing.
Acts 2012, ch. 1106, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 25 - DOE MOUNTAIN RECREATION AUTHORITY ACT OF 2012 (§§ 11-25-101 — 11-25-119) › Section 11-25-105 - Filing of charter

The authority shall file its charter with the secretary of state pursuant to title 48, chapter 51. The charter shall be placed on record in the office of the register of deeds of Johnson County. Upon such recordation of its charter, the authority shall be authorized to function in accordance with its charter and of this chapter.
Acts 2012, ch. 1106, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 25 - DOE MOUNTAIN RECREATION AUTHORITY ACT OF 2012 (§§ 11-25-101 — 11-25-119) › Section 11-25-108 - Additional powers and duties - Authority defined as an adventure tourism business

(a)
In addition to other powers and duties specified in this chapter, the authority shall:
(1)
Establish bylaws and make all rules and regulations not inconsistent with this chapter, deemed expedient for the management of the affairs of the authority;
(2)
Set the amount of all fees required by this chapter;
(3)
Receive, administer and account for all moneys derived under this chapter, which shall be used to defray expenses incurred in the administration of this chapter;
(4)
Keep a public record of its proceedings;
(5)
Seek relief at law or equity to restrain or enjoin any act or practice in violation of this chapter or of any rule promulgated to effectuate the purposes of this chapter, or to obtain compensation for the breach of any duty owed the authority, provided that jurisdiction and venue are conferred upon the chancery court of the county to hear and determine such a suit, and that no bond shall be required for the prosecution of the suit or for the issuance of an injunction; and
(6)
Have other powers and duties that are necessary to effectuate this chapter.
(b)
For purposes of §
11-11-205
only, the authority shall be defined as an adventure tourism business.
Acts 2012, ch. 1106, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 25 - DOE MOUNTAIN RECREATION AUTHORITY ACT OF 2012 (§§ 11-25-101 — 11-25-119) › Section 11-25-109 - Meetings - Records - Business plans - Governmental immunity

(a)
All meetings of the authority's board, including the organization's meeting provided for in §
11-25-106(c)
, shall be open to the public, pursuant to §
8-44-102
. Notice and an agenda for such meetings shall be mailed to each board member and published on the authority's website at least five (5) days prior to the date of the meeting. Special meetings may be held at any time upon waiver of notice of a meeting by all board members, or may be called by the chair or any two (2) board members at any time, upon three (3) days' notice to all board members and published on the authority's website.
(b)
A majority of the board members constitutes a quorum for the transaction of business. A majority vote of the board members in attendance at any meeting of the board is sufficient to authorize any act taken pursuant to the powers set forth in this chapter.
(c)
The board may conduct special or regular meetings by conference call or video conference, provided the electronic nature of the meeting is included in the meeting notice, and opportunity for public participation is provided.
(d)
All official records of the authority shall be prima facie evidence of all matters required to be kept in the records.
(e)
Except as otherwise provided by this section, business plans, specifically including, but not limited to, financial statements, pricing, and market strategies, submitted by individuals or entities who have contracted with, or seeking to contract with, the authority to provide services pursuant to the powers set forth in this chapter, shall be treated as confidential and may not be disclosed except by order of a court of competent jurisdiction or by permission of the individual or entity.
(f)
(1)
Members of the authority are officers of the state in carrying out the duties imposed by this chapter, and as such have the full measure of governmental immunity provided by law.
(2)
(A)
For the purposes of this subsection (f), "members" means directors, officers, employees of the authority, and persons designated by the authority as participants in volunteer programs authorized by the authority.
(B)
Such volunteers shall not be eligible for workers' compensation or other benefits from the state, nor shall such staff be members of the Tennessee consolidated retirement system.
Amended by 2014 Tenn. Acts, ch. 830,s 2, eff. 7/1/2014.
Acts 2012, ch. 1106, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 25 - DOE MOUNTAIN RECREATION AUTHORITY ACT OF 2012 (§§ 11-25-101 — 11-25-119) › Section 11-25-110 - Initial meeting

At the initial meeting of the board, the board and The Nature Conservancy shall undertake to develop and publish a written management plan for the authority, which shall be publicly available. The board has the power to employ engineers, surveyors, conservation experts, outdoor recreation experts, management experts, and other professionals necessary for such study, and to have prepared surveys, maps, profiles, plans and descriptions, and such other data as may be necessary. The plan shall consider whether, and to what extent, lands of the authority should be owned and managed as natural areas and/or wildlife management areas by the department of environment and conservation and the wildlife management authority, respectively. The authority may, in consultation with The Nature Conservancy, thereafter biennially review, revise, and republish its management plan.
Acts 2012, ch. 1106, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 25 - DOE MOUNTAIN RECREATION AUTHORITY ACT OF 2012 (§§ 11-25-101 — 11-25-119) › Section 11-25-111 - Contribution of funding, facilities, and equipment - Financing

(a)
The governing body of the county, or the governing body of any city or town, adjacent to or in the proximity of any real property owned by the authority, has the right to contribute, out of the general fund or any special fund of such county or city, such amount as such legislative body sees fit, to be used in the preliminary expenses of the authority, or in the maintenance of the authority, or for capital improvements or projects of the authority.
(b)
For the purpose of aiding and cooperating with the authority, the governing body may assign or loan any of its employees, and may provide necessary office space, equipment, and other facilities, for the use of the authority, as the governing body may approve.
(c)
In addition to the methods of financing authorized in this chapter, administrative costs of the authority as well as the cost of any general plan, improvement, project, program, or work benefiting the authority or in support of the purposes for which the authority is organized, generally may be financed by any fee, special assessment, or general fund tax revenue appropriated by a public or private act of the general assembly.
Acts 2012, ch. 1106, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 25 - DOE MOUNTAIN RECREATION AUTHORITY ACT OF 2012 (§§ 11-25-101 — 11-25-119) › Section 11-25-112 - No power of eminent domain

The authority shall not have the power of eminent domain.
Acts 2012, ch. 1106, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 25 - DOE MOUNTAIN RECREATION AUTHORITY ACT OF 2012 (§§ 11-25-101 — 11-25-119) › Section 11-25-113 - Annual audit and reports

(a)
The board shall cause an annual audit to be made of the books and records of the authority. The comptroller of the treasury, through the department of audit, shall be responsible for determining that such audits are made in accordance with generally accepted governmental auditing standards and that such audits meet the minimum standards prescribed by the comptroller of the treasury.
(b)
These audits shall be made by certified public accountants. In the event the board shall fail or refuse to have the audit made, then the comptroller of the treasury may appoint a certified public accountant, or direct the department of audit to make the audit, the cost of such audit to be paid by the authority.
(c)
The authority shall prepare an annual report of its business affairs and transactions, a copy of which shall be available for public inspection, and filed by January 31 of each year with the comptroller of the treasury, the office of governor, and the speakers of the house of representatives and the senate.
Acts 2012, ch. 1106, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 25 - DOE MOUNTAIN RECREATION AUTHORITY ACT OF 2012 (§§ 11-25-101 — 11-25-119) › Section 11-25-114 - Public instrumentality - Public nonprofit corporation

(a)
The authority is hereby declared to be performing a public function and to be a public instrumentality. The acquisition, operating and financing of any project by the authority is declared to be for a public and governmental purpose and a matter of public necessity. Accordingly, the authority and all properties at any time owned by it and the income from the properties and all bonds issued by the authority and the income from the bonds shall be exempt from all state, county and municipal taxation. For purposes of the Tennessee Securities Act of 1980, compiled in title 48, chapter 1, part 1, bonds issued by the authority shall be deemed to be securities issued by a public instrumentality or a political subdivision of the state.
(b)
The authority shall be a public nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any person.
Acts 2012, ch. 1106, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 25 - DOE MOUNTAIN RECREATION AUTHORITY ACT OF 2012 (§§ 11-25-101 — 11-25-119) › Section 11-25-116 - Execution in the name of the corporation

All leases, contracts, deeds of conveyance, or instruments in writing executed by the authority, shall be executed in the name of the authority by the chair of the authority, or by such other officer as the board of directors of the authority, by resolution, may direct.
Acts 2012, ch. 1106, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 25 - DOE MOUNTAIN RECREATION AUTHORITY ACT OF 2012 (§§ 11-25-101 — 11-25-119) › Section 11-25-117 - Net earnings

As a public body, no part of the net earnings of the authority remaining after payment of its expenses shall inure to the benefit of any individual, firm or corporation, except that in the event the board of directors of the authority shall determine that sufficient provision has been made for the full payment of the expenses, bonds, and other obligations of the authority, then any net earnings of the authority thereafter accruing shall be paid to the municipality or municipalities with respect to which the authority was organized; provided, that nothing contained in this section shall prevent the board of directors from transferring all or any part of its properties in accordance with the terms of any lease entered into by the authority.
Acts 2012, ch. 1106, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 25 - DOE MOUNTAIN RECREATION AUTHORITY ACT OF 2012 (§§ 11-25-101 — 11-25-119) › Section 11-25-118 - Dissolution of the corporation

Whenever the board of directors of the authority, by resolution, determines that there has been substantial compliance with the purposes for which the authority was formed, and all bonds theretofore issued and all obligations theretofore incurred by the authority have been fully paid, then the members of the board of directors shall thereupon execute and file for record in the office of the secretary of state a certificate of dissolution reciting such facts and declaring the authority to be dissolved. Upon the filing of such certificate of dissolution, the authority shall stand dissolved, the title to all funds and properties owned by it at the time of such dissolution shall vest in the state, in the manner approved by the board and the state, and possession of such funds and properties shall forthwith be delivered to the state. Upon dissolution of the authority, any of its assets shall be distributed as shall be directed by the board and the state, but in no event shall such costs be distributed to any person other than a governmental entity.
Acts 2012, ch. 1106, § 1.
2023 Tennessee Code › Title 11 - NATURAL AREAS AND RECREATION (§§ 11-1-101 — 11-25-119) › Chapter 25 - DOE MOUNTAIN RECREATION AUTHORITY ACT OF 2012 (§§ 11-25-101 — 11-25-119) › Section 11-25-119 - Construction of chapter

This chapter shall not be construed as a restriction or limitation upon any powers that an authority, as a public corporation, might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers. No proceedings, notice or approval shall be required for the organization of the authority or the issuance of any bonds or any instrument as security for the bonds, except as provided in this chapter, any other law to the contrary notwithstanding; provided, that nothing in this chapter shall be construed to deprive the state and its governmental subdivisions of their respective police powers over properties of the authority, or to impair any power over same.
Acts 2012, ch. 1106, § 1.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 1 - ACQUISITION OF PROPERTY (§§ 12-1-101 — 12-1-206) › Part 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-111) › Section 12-1-101 - Acceptance of gifts

(a)
The governor is authorized to accept, on behalf of the state, gifts of real estate or personal property upon such terms and conditions and for such uses and purposes as may be agreed upon by the grantor or donor thereof and the governor.
(b)
Notwithstanding subsection (a), the commissioner or appointing authority of any executive branch department or agency of state government is authorized to accept, on behalf of their department or agency, gifts of personal property with a value not exceeding five thousand dollars ($5,000). Any gift with a value exceeding five thousand dollars ($5,000) must be accepted by the governor pursuant to subsection (a).
(c)
Any gift accepted pursuant to subsection (a) or (b) must be reported to the commissioner of finance and administration and to the director of the fiscal review committee within thirty (30) days of acceptance. The commissioner shall maintain a registry of such gifts that is available for public inspection.
(d)
Nothing in this section shall be construed to limit, diminish, supersede or otherwise alter specific authority of commissioners or appointing authorities to accept and receive gifts or donations that is otherwise granted elsewhere in this code.
Acts 1941, ch. 129, § 1; mod. C. Supp. 1950, § 186.1; T.C.A. (orig. ed.), § 12-101; Acts 2005, ch. 32, § 1.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 1 - ACQUISITION OF PROPERTY (§§ 12-1-101 — 12-1-206) › Part 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-111) › Section 12-1-102 - Authority for purchase of federal surplus property

Notwithstanding any statute, public or private, providing the details of purchases on behalf of the state, or any political subdivision thereof, the state, or any political subdivision thereof, may purchase any surplus property offered for sale by the United States government from such government in such manner and on such terms as may be agreed upon between the seller and the buyer, including the right to execute deferred payment obligations and to make such purchases without taking bids or making advertisements therefor; provided, that all such purchases should be made by the agency of the state or political subdivision charged by existing or future law, with the authority to make purchases generally for the buyer.
Acts 1945, ch. 16, § 1; mod. C. Supp. 1950, § 423.2 (Williams, § 423.27); T.C.A. (orig. ed.), § 12-102.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 1 - ACQUISITION OF PROPERTY (§§ 12-1-101 — 12-1-206) › Part 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-111) › Section 12-1-103 - Commission to purchase federal property

There is appointed a commission to be composed of the governor, state treasurer and attorney general and reporter, which commission is clothed with authority to purchase from the federal government such property as the federal government may offer for sale and which may be used advantageously, in the discretion of the commission, by any department or agency of the state.
Acts 1945, ch. 168, § 1; C. Supp. 1950, § 1032.1; T.C.A. (orig. ed.), § 12-103.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 1 - ACQUISITION OF PROPERTY (§§ 12-1-101 — 12-1-206) › Part 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-111) › Section 12-1-104 - Federal improvements on state land

This commission may contract for and purchase any improvements or installations which may be located on lands belonging to the state and which have been placed on such lands by the federal government, or by any agency thereof, with authority reserved in the federal government to remove such improvements or installations, if it so elects. The terms and conditions of any such purchase shall be agreed upon by this commission and the proper representatives of the federal government.
Acts 1945, ch. 168, § 2; C. Supp. 1950, § 1032.2; T.C.A. (orig. ed.), § 12-104.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 1 - ACQUISITION OF PROPERTY (§§ 12-1-101 — 12-1-206) › Part 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-111) › Section 12-1-105 - Payment for federal property

Payment for any purchases made under §§
12-1-103
and
12-1-104
shall be made out of any money in the state treasury not otherwise appropriated, and notwithstanding any contrary provision in any other statute.
Acts 1945, ch. 168, § 2; C. Supp. 1950, § 1032.2; T.C.A. (orig. ed.), § 12-105.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 1 - ACQUISITION OF PROPERTY (§§ 12-1-101 — 12-1-206) › Part 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-111) › Section 12-1-106 - Land acquired by commissioner - Payment

The commissioner of any department of the state, with the approval of the commissioner of finance and administration, is authorized to acquire land on behalf of the state either by purchase or condemnation for use for public purposes. The land shall be paid for out of any available funds in the state treasury not otherwise appropriated.
Acts 1943, ch. 89, § 1; mod. C. Supp. 1950, § 3166.1; T.C.A. (orig. ed.), § 12-106; Acts 1984, ch. 770, § 1.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 1 - ACQUISITION OF PROPERTY (§§ 12-1-101 — 12-1-206) › Part 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-111) › Section 12-1-107 - Application for purchase of land

In the event it becomes necessary to so acquire any land under authority of §§
12-1-106
- 12-1-108, the commissioner of the department seeking to have the same acquired shall make a request in writing to the governor, giving in detail the location of the land sought to be acquired, its probable cost, the necessity for the acquisition and all other information the commissioner deems material, and if the governor approves the request for acquisition, the commissioner shall then be authorized to acquire the land.
Acts 1943, ch. 89, § 1; C. Supp. 1950, § 3166.1; T.C.A. (orig. ed.), § 12-107.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 1 - ACQUISITION OF PROPERTY (§§ 12-1-101 — 12-1-206) › Part 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-111) › Section 12-1-108 - Condemnation request

In the event it becomes necessary to condemn the land, the commissioner and the governor shall request the attorney general and reporter in writing to file the proper condemnation proceedings, which shall be under the general laws relating to the acquisition of land for public purposes by condemnation, authority being granted for that purpose.
Acts 1943, ch. 89, § 1; mod. C. Supp. 1950, § 3166.1; T.C.A. (orig. ed.), § 12-108.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 1 - ACQUISITION OF PROPERTY (§§ 12-1-101 — 12-1-206) › Part 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-111) › Section 12-1-109 - Land for institutional water or sewage system

The state, acting through the department or agency having the power of supervision over any penal, charitable, reformatory, or educational institution belonging to the state, with the approval of the governor, shall have the right to acquire by purchase, donation, or condemnation on behalf of the state, all necessary land with interests therein, including necessary flowage rights, rights of riparian owners on any stream within the state, and easements for pipelines for the purpose of the installation of a system of waterworks or sewage disposal, for the use of such institution. The state shall make compensation in such case to the owner of such land or rights out of any funds belonging to the state, not otherwise appropriated.
Acts 1929, ch. 121, §§ 1, 2; mod. Code 1932, §§ 3165, 3166; modified; T.C.A. (orig. ed.), § 12-109.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 1 - ACQUISITION OF PROPERTY (§§ 12-1-101 — 12-1-206) › Part 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-111) › Section 12-1-110 - Joint purchase of art

(a)
Any state agency authorized to purchase a work of art is authorized to enter into contracts with a private or public foundation to jointly purchase a work of art as defined in §
47-25-1002
. Such contracts shall be entered into in accordance with state purchasing statutes and regulations.
(b)
Such contracts, to be mutually agreed upon, shall provide that neither party may dispose of its partial ownership without the consent of the other, and shall set forth in detail the proportion of ownership of each party, the alternation of custody of the work of art, provision for conservation treatment, if needed, provision for transport between the parties, and the conditions of display and care to be observed while the work of art is in the control of each party.
(c)
No such contract shall be binding on the state agency until it is reviewed and approved by the office of the attorney general and reporter as to its legality for new purchases.
(d)
Nothing in this section shall be construed to apply to property already owned by the state, nor shall it impair the obligation of state agencies to dispose of their ownership or part ownership in property in accordance with applicable state statutes and regulations governing disposal of state property.
Acts 1988, ch. 598, § 1.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 1 - ACQUISITION OF PROPERTY (§§ 12-1-101 — 12-1-206) › Part 1 - GENERAL PROVISIONS (§§ 12-1-101 — 12-1-111) › Section 12-1-111 - Continued validity of agreement between local government and adjoining private property owner for agricultural use of government land upon sale of such land to another local government

(a)
If any real property owned by a local government, where a written agreement was executed allowing adjoining private property owners to utilize the local government's real property for agricultural use when the property was transferred by execution of a quitclaim deed to the local government, is then sold or transferred to another local government or to a state agency, then the written agreement shall continue to be valid.
(b)
Any local government transferring or selling real property as described in subsection (a) shall give written notice to any affected private property owners thirty (30) days prior to the sale or transfer.
(c)
If any private property owner is required to cease agricultural use of any real property that is sold or transferred to a state agency pursuant to subsection (a), then the state agency shall be responsible for providing information regarding potential grant funding for fencing and watering livestock and may work with the owner to seek such funding, if such funding is available; provided, that the owner shall be responsible for maintaining any of the resulting improvements.
Added by 2015 Tenn. Acts, ch. 496,s 1, eff. 5/20/2015.