reglab/statecodes huggingface dataset:
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 2 - GOVERNMENT TAKING OF PRIVATE PROPERTY (§§ 12-1-201 — 12-1-206) › Section 12-1-201 - Purpose of part

The purpose of this part is to provide a mechanism for education of, and consideration by, state agencies and the public regarding what government actions may result in an unconstitutional taking of private property, in order to avoid an unnecessary burden on the public treasury and unwarranted interference with private property rights. It is not the purpose of this part either to enlarge or to reduce the scope of private property protections afforded by the constitution of the United States or Tennessee.
Acts 1994, ch. 924, § 2.
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 2 - GOVERNMENT TAKING OF PRIVATE PROPERTY (§§ 12-1-201 — 12-1-206) › Section 12-1-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Government action" does not include:
(A)
The formal exercise of the power of eminent domain;
(B)
The forfeiture or seizure of private property by law enforcement agencies as evidence of a crime or for violations of law;
(C)
Orders issued by a state agency or court of law that result from a violation of law and that are authorized by statute; or
(D)
The discontinuation of government programs;
(2)
"Private property" means real property, or improvements to real property, not owned by the federal government or a state agency; and
(3)
"Unconstitutional taking" or "taking" means the taking of private property by government action such that compensation to the owner of that property is required by either:
(A)
The fifth or fourteenth amendment to the Constitution of the United States; or
(B)
The Constitution of Tennessee, Art. 1, § 21.
Acts 1994, ch. 924, § 3.
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 2 - GOVERNMENT TAKING OF PRIVATE PROPERTY (§§ 12-1-201 — 12-1-206) › Section 12-1-203 - Guidelines for avoiding unconstitutional takings

The attorney general and reporter shall develop and submit to the secretary of state for publication in the Tennessee administrative register guidelines to assist in the identification and evaluation of government actions that may result in unconstitutional taking. The attorney general and reporter shall base the guidelines on current law as articulated by the United States supreme court and the supreme court of Tennessee, and shall update the guidelines at least on an annual basis to take account of changes in the law. Nothing in the guidelines shall be construed either to enlarge or to reduce the scope of private property protection afforded by the constitution of the United States or Tennessee. Furthermore, in reviewing rules in the process of promulgation, the attorney general and reporter shall not approve rules that would effect an unconstitutional taking.
Acts 1994, ch. 924, § 4.
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 2 - GOVERNMENT TAKING OF PRIVATE PROPERTY (§§ 12-1-201 — 12-1-206) › Section 12-1-204 - Effect of taking on property valuation

If a court determines that a government action has resulted in an unconstitutional taking in Tennessee, the effect on the valuation of such property shall be taken into account in determining the value of the property for property tax purposes under title 67, chapter 5, part 6.
Acts 1994, ch. 924, § 5.
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 2 - GOVERNMENT TAKING OF PRIVATE PROPERTY (§§ 12-1-201 — 12-1-206) › Section 12-1-205 - Attorneys' fees

An owner of private property who successfully establishes that a government action is an unconstitutional taking of such owner's private property requiring payment or just compensation shall be entitled to recover the same attorneys' fees, costs and expenses as are allowable in actions brought pursuant to §
29-16-123(b)
. Such recovery shall be in accordance with the procedures provided in such section.
Acts 1994, ch. 924, § 6.
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 2 - GOVERNMENT TAKING OF PRIVATE PROPERTY (§§ 12-1-201 — 12-1-206) › Section 12-1-206 - Limitation of action

An owner of private property shall commence any proceedings claiming a government action is an unconstitutional taking within the same limitation of actions period as provided in §
29-16-124
for actions commenced pursuant to §
29-16-123
.
Acts 1994, ch. 924, § 7.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 1 - GENERAL PROVISIONS (§§ 12-2-101 — 12-2-123) › Section 12-2-101 - Development of natural resources

The governor is empowered to develop the natural resources of any and all property owned by the state. In order to carry out the provision of this section, the governor may use any of the resources, facilities, and activities of any department of the state. The governor may enter into contracts for the state with any person to do the necessary work that may be required, and if necessary, may lease any of the property at a reasonable rental or royalty in order that any of the mineral and oil resources may be properly developed.
Acts 1919, ch. 191, §§ 1, 2; Shan. Supp., §§ 241a2, 241a3; Code 1932, §§ 185, 186; T.C.A. (orig. ed.), § 12-201.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 1 - GENERAL PROVISIONS (§§ 12-2-101 — 12-2-123) › Section 12-2-102 - Inventory maintained by governor

The governor is authorized and directed to maintain a complete inventory of all state-owned property, together with necessary surveys, maps, photographs and appraisals, and one (1) copy thereof shall be filed in the office of the secretary of state, one (1) with the commissioner of general services, one (1) with the governor, and additional copies with such other public officials as the governor may designate so that the same may be made a part of the permanent records of the state. This inventory shall be added to from time to time as additional property is acquired by the state or by any agency thereof.
Amended by 2013 Tenn. Acts, ch. 454,s 35, eff. 5/16/2013.
Acts 1941, ch. 149, § 1; mod. C. Supp. 1950, § 186.2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 542, § 15; T.C.A. (orig. ed.), § 12-202.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 1 - GENERAL PROVISIONS (§§ 12-2-101 — 12-2-123) › Section 12-2-103 - Inventory by commissioner of general services

The commissioner of general services shall make and maintain a complete inventory in permanent form of all state-owned real property, together with necessary surveys, maps, photographs and appraisals, and when such inventory has been completed, a copy of the same shall be filed in the office of the governor, state treasurer, secretary of state, and such other public officials and departments as the governor may designate. The original copy of the inventory shall remain in the office of the commissioner of general services for safekeeping and be preserved by the commissioner as other public records. Partial copies shall be filed with each department of the state, covering property occupied or used by such department.
Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013.
Acts 1947, ch. 106, § 2; mod. C. Supp. 1950, § 255.77 (Williams, § 254.20); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 12-203.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 1 - GENERAL PROVISIONS (§§ 12-2-101 — 12-2-123) › Section 12-2-104 - Conveyances and documents transmitted to commissioner of general services

It is the duty of each state official who acquires real property by deed, lease or otherwise for the state of Tennessee, upon delivery of the instrument by which the property is conveyed, immediately to transmit the same to the commissioner of general services in order to ensure compliance with §
12-2-105
. Each state official, having in such state official's custody any deeds, leases, abstracts of title, or certificates of title, is hereby directed to transmit the same to the commissioner.
Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013.
Acts 1947, ch. 106, § 5; C. Supp. 1950, § 255.80 (Williams, § 254.23); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 12-204.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 1 - GENERAL PROVISIONS (§§ 12-2-101 — 12-2-123) › Section 12-2-105 - Assembly and recording of conveyances

(a)
It is the duty of the commissioner of general services to collect all deeds to state-owned real property, and record each of the deeds in the county or counties in which the property is located. Thereafter, the commissioner shall transmit to the secretary of state the deeds, and they shall be recorded word for word and indexed in a well-bound book similar in design to the books used by the various county registers. In the event the commissioner is unable to locate any deed to state-owned property, the commissioner shall obtain a certified or photostatic copy of the same, if possible, and file it in such commissioner's office in conformity with this section.
(b)
The above procedure shall be followed in connection with any property which the state as lessee has under lease.
Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013.
Acts 1947, ch. 106, § 3; C. Supp. 1950, § 255.78 (Williams, § 254.21); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 12-205.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 1 - GENERAL PROVISIONS (§§ 12-2-101 — 12-2-123) › Section 12-2-106 - Payment of registers' fees

All county registers of this state are required to extend credit to the commissioner of general services for the recordation of various instruments, including deeds and leases, and, after the instruments have been recorded, the county register will submit such county register's bill for services to the commissioner in order to obtain payment of the same.
Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013.
Acts 1947, ch. 106, § 10; C. Supp. 1950, § 255.85 (Williams, § 254.28); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 12-206.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 1 - GENERAL PROVISIONS (§§ 12-2-101 — 12-2-123) › Section 12-2-107 - Copies of deeds certified by secretary of state

The secretary of state is authorized to issue certified copies of deeds to state-owned property which have been recorded in the secretary of state's office, and the same are declared to be admissible as evidence in any court of this state.
Acts 1947, ch. 106, § 9; C. Supp. 1950, § 255.84 (Williams, § 254.27); T.C.A. (orig. ed.), § 12-207.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 1 - GENERAL PROVISIONS (§§ 12-2-101 — 12-2-123) › Section 12-2-108 - Permanent records of commissioner of general services - Deeds - Records of leases

(a)
Upon recordation of the deeds by the secretary of state, the secretary of state shall promptly return the same to the commissioner of general services for safekeeping in the commissioner's office as public records, together with abstracts of title, and certificates of title, covering the property.
(b)
It is the further duty of the commissioner to keep a permanent record in the commissioner's office of deeds which have come into the commissioner's possession, showing where the property is located, its size, its cost, when acquired, and such other information as the commissioner deems necessary.
(c)
Upon recordation of leases by the secretary of state, the secretary of state shall promptly return the same to the commissioner for safekeeping in the commissioner's office. Such leases may be disposed of pursuant to guidelines established by the public records commission; however, such leases must be maintained for a period of no less than seven (7) years from the termination date of the lease. Leases which have been in existence for more than twenty (20) years on June 25, 1991, may be disposed of pursuant to such guidelines established by the public records commission. Prior to disposal of all other leases, the leases must be preserved on appropriate electronic or other storage media for the duration specified in §
10-7-303(e)
.
Amended by 2023 Tenn. Acts, ch. 25, s 2, eff. 3/10/2023.
Amended by 2013 Tenn. Acts, ch. 454, s 36, eff. 5/16/2013.
Acts 1947, ch. 106, § 4; C. Supp. 1950, § 255.79 (Williams, § 254.22); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 12-208; Acts 1991, ch. 498, §§ 1-3.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 1 - GENERAL PROVISIONS (§§ 12-2-101 — 12-2-123) › Section 12-2-109 - Withdrawal of papers from commissioner's office

The commissioner of general services shall not permit any deeds, leases, abstracts of title, certificates of title or other instruments on file in the commissioner's office to be withdrawn or taken therefrom except in instances where it may be necessary to use them in connection with pending or threatened litigation affecting any of the lands, and then the attorney general and reporter may withdraw the papers temporarily from the office of the commissioner of general services for use in connection with such pending or threatened litigation, leaving a descriptive receipt therefor.
Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013.
Acts 1947, ch. 106, § 6; C. Supp. 1950, § 255.81 (Williams, § 254.24); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 12-209.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 1 - GENERAL PROVISIONS (§§ 12-2-101 — 12-2-123) › Section 12-2-110 - Provisions in pari materia

Sections
12-2-103
- 12-2-111 shall be read in pari materia with §
12-2-102
, except insofar as those sections are expressly in conflict therewith, and, in the event of such conflict, §§
12-2-103
- 12-2-111 shall prevail.
Acts 1947, ch. 106, § 11; mod. C. Supp. 1950, § 255.86 (Williams, § 254.29); T.C.A. (orig. ed.), § 12-210.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 1 - GENERAL PROVISIONS (§§ 12-2-101 — 12-2-123) › Section 12-2-111 - Engineer and assistants to commissioner

The commissioner of general services, on approval of the governor, is empowered to employ a qualified engineer and such other assistants as may be necessary to enable the commissioner to fully perform the duties and to execute the powers conferred by §§
12-2-103
- 12-2-110.
Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013.
Acts 1947, ch. 106, § 7; C. Supp. 1950, § 255.82 (Williams, § 254.25); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 12-211.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 1 - GENERAL PROVISIONS (§§ 12-2-101 — 12-2-123) › Section 12-2-113 - Public properties may be used to promote and foster industrial development

(a)
The state of Tennessee and the counties and cities thereof are authorized and empowered to permit use of their respective properties to promote and foster industrial development and create employment opportunities within their respective boundaries so long as such use does not unreasonably interfere with the use of such properties for their public purposes.
(b)
The state of Tennessee is specifically authorized through the governor and the commissioner of finance and administration, acting in cooperation with the state department involved, to enter into contracts with utility districts, water districts, local governments, industry or others for the sale of water from reservoirs owned by the state, in order that the purposes set forth in subsection (a) can be achieved.
Acts 1963, ch. 331, § 1; 1969, ch. 8, § 1; modified; T.C.A., § 12-228.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 1 - GENERAL PROVISIONS (§§ 12-2-101 — 12-2-123) › Section 12-2-116 - Agreements for private development, construction and operation of facilities - Requirements

(a)
(1)
Notwithstanding any other provisions of this part, the commissioner of general services, with the approval of the state building commission and subject to the policies and procedures of the commission, may in order to provide utilization of state-owned lands and facilities in the public interest, enter into agreements for the private development, redevelopment, construction and operation of facilities on lands owned by or under the control of the state.
(2)
Such agreements may include provisions for the sale, lease or other conveyance of state-owned real property, subject to the approval of the commissioner and the state building commission. The requirements of §
12-2-112
shall not apply to such conveyances.
(b)
Any agreements entered into in accordance with this section shall be entered into only after public advertisement and only after proposals have been requested and evaluated pursuant to the policies and procedures of the state building commission.
(c)
Any agreements for the sale of state-owned real property entered into under this section shall contain the provision that the state shall have the first right for repurchase of such previously state-owned real property, including all improvements thereof, under any subsequent offer for sale of such real property. The repurchase amount shall be at no more than fair market value as established by appraisal.
Amended by 2013 Tenn. Acts, ch. 454,s 36, eff. 5/16/2013.
Acts 1990, ch. 734, § 2.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 1 - GENERAL PROVISIONS (§§ 12-2-101 — 12-2-123) › Section 12-2-118 - Operation of school system or school placed on probation

Whenever the commissioner of education is authorized by the state board of education to take responsibility for the operation of any local school system or school that has been placed on probation pursuant to title 49, chapter 1, part 6, the commissioner or agents duly appointed by the commissioner to operate such local school system or school shall have all powers authorized by this title and necessary to the operation of such school or local education agency.
Acts 1998, ch. 737, § 3.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 1 - GENERAL PROVISIONS (§§ 12-2-101 — 12-2-123) › Section 12-2-119 - Disposition of proceeds from sale and conveyance of surplus real property or improvements managed as state office buildings and support facilities revolving fund property

Notwithstanding any law to the contrary, proceeds from the sale and conveyance of surplus real property or improvements managed as state office buildings and support facilities revolving fund property shall be deposited in the state office buildings and support facilities revolving fund, created by §
9-4-901
, to be used for capital outlay.
Added by 2013 Tenn. Acts, ch. 454,s 9, eff. 5/16/2013.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 1 - GENERAL PROVISIONS (§§ 12-2-101 — 12-2-123) › Section 12-2-120 - Disposition of proceeds from sale and conveyance of surplus real property or improvements used for operation of state prisons

Notwithstanding any law to the contrary, proceeds from the sale and conveyance of surplus real property or improvements used for operation of state prisons, if not managed as state office buildings and support facilities revolving fund property, shall be deposited in a reserve for correctional facilities, which hereby is created in the general fund, to be used for capital outlay for replacement facilities of the department of correction and other capital outlay of the department.
Amended by 2022 Tenn. Acts, ch. 1131, s 1, eff. 6/1/2022.
Added by 2013 Tenn. Acts, ch. 454, s 9, eff. 5/16/2013.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 1 - GENERAL PROVISIONS (§§ 12-2-101 — 12-2-123) › Section 12-2-121 - Disposition of proceeds from the sale and conveyance of surplus real property or improvements used for state armories or other operations of the department of military

Notwithstanding any law to the contrary, proceeds from the sale and conveyance of surplus real property or improvements used for state armories or other operations of the department of military, if not managed as state office buildings and support facilities revolving fund property, shall be deposited in a reserve for military facilities, which hereby is created in the general fund, to be used for capital outlay for replacement facilities of the department and other capital outlay of the department.
Added by 2013 Tenn. Acts, ch. 454,s 9, eff. 5/16/2013.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 1 - GENERAL PROVISIONS (§§ 12-2-101 — 12-2-123) › Section 12-2-122 - Reserve for forestry facilities created

Notwithstanding any law to the contrary, proceeds from the sale and conveyance of surplus real property or improvements used for state forestry or other operations of the department of agriculture, if not managed as state office buildings and support facilities revolving fund property, shall be deposited in a reserve for forestry facilities, which hereby is created in the general fund, to be used for capital outlay for replacement facilities of the department and other capital outlay of the department.
Added by 2014 Tenn. Acts, ch. 917,s 4, eff. 5/13/2014.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 2 - SALE OF CONFISCATED MOTOR VEHICLES AND INTOXICATING LIQUORS (§§ 12-2-201 — 12-2-209) › Section 12-2-202 - Public sale and advertisement

(a)
Whenever any of such property as motor vehicles and intoxicating beverages has finally been forfeited to the state, or turned over to the state for sale and disposal, without further proceedings, and no court or other competent authority has ordered the property to be returned to the claimant, the chief procurement officer is hereby directed and authorized to proceed to sell the property at public sale for cash in conformity with this part.
(b)
In connection with the sale of such property, the chief procurement officer shall fully advertise the property to be sold in the manner provided in the following sections.
(c)
Notwithstanding any law to the contrary, including, but not limited to, provisions related to the manner of advertisement, the chief procurement officer is authorized to dispose of, by advertising on the internet and selling by internet auction, confiscated intoxicating beverages, confiscated motor vehicles and any other lawfully confiscated property.
Acts 1959, ch. 303, § 2; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; T.C.A., § 12-220; Acts 2008, ch. 882, § 1; 2011, ch. 295, § 9(a), (c).
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 2 - SALE OF CONFISCATED MOTOR VEHICLES AND INTOXICATING LIQUORS (§§ 12-2-201 — 12-2-209) › Section 12-2-203 - Manner of advertisement and sale of confiscated motor vehicles - Storage prior to sale

(a)
Notice of intended disposal by public sale shall be entered by the chief procurement officer in at least one (1) newspaper of general circulation in the county or counties in which disposal is to be made. The advertisement shall contain the manner in which interested parties can obtain information regarding the make, model, condition, and options which may be on the vehicle. Printed public notes shall be posted in at least two (2) public places in the county in which the vehicle was seized and confiscated, and one (1) of the public places shall be the courthouse. The advertisement shall give the date, time and place of the sale, and shall also contain information as to where the vehicle may be inspected prior to such sale. The day of the sale shall be held not less than seven (7) days nor more than fifteen (15) days from the day of the notice in the newspaper, excluding Saturdays, Sundays and holidays. The sale shall be for cash and bids may be submitted in writing to the chief procurement officer at Nashville.
(b)
Whenever any motor vehicle has been seized and confiscated and is to be disposed of under this part, the chief procurement officer shall determine the place of storage and location of sale. The chief procurement officer is hereby authorized in the chief procurement officer's discretion to appoint or designate some suitable person to hold or conduct the sale as authorized hereunder. The chief procurement officer or such person designated to hold the sale is hereby authorized to reject any and all bids which might be received when, in the chief procurement officer's opinion, the bid received is not commensurate with the fair market value of the vehicle offered for sale, and, in such instances, the vehicle shall be readvertised for sale.
(c)
The property shall also be circularized to such persons, firms, and car dealers, who have indicated a desire to be notified when any motor vehicles are to be offered for sale.
Acts 1959, ch. 303, § 2; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; T.C.A., § 12-221; Acts 1992, ch. 713, §§ 1, 2; 2011, ch. 295, § 9(a), (d).
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 2 - SALE OF CONFISCATED MOTOR VEHICLES AND INTOXICATING LIQUORS (§§ 12-2-201 — 12-2-209) › Section 12-2-204 - Manner of advertisement and sale of confiscated intoxicating beverages

(a)
In connection with the advertisement concerning the sale of intoxicating beverages, the advertisement shall contain the manner in which interested parties can obtain information regarding the description of the beverages to be sold, the number of bottles, the size of bottles, and the brand name or names. The advertisement shall likewise contain the time and place of the sale and such a sale for intoxicating beverages shall only be held in a wet county.
(b)
The advertisement shall be for a period of not less than ten (10) days, excluding Saturdays, Sundays and holidays, by printed public notices posted in at least two (2) public places in the county where the beverages are to be sold and one (1) of the places shall include the courthouse. In addition thereto, a copy of the notice of sale shall be circularized and mailed to at least twenty-five percent (25%) of the licensed retail liquor dealers in the city and county in which the sale is to be held. All persons submitting a bid for the intoxicating beverages shall be licensed to sell such intoxicating beverages in this state, and all bids received shall be in writing and the terms of the sale shall be cash.
Acts 1959, ch. 303, § 2; T.C.A., § 12-222; Acts 1992, ch. 713, § 3.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 2 - SALE OF CONFISCATED MOTOR VEHICLES AND INTOXICATING LIQUORS (§§ 12-2-201 — 12-2-209) › Section 12-2-205 - Determination of fair market value prior to sale

Prior to the sale of any such property as herein authorized, the chief procurement officer shall determine the fair market value of the property to be sold.
Acts 1959, ch. 303, § 2; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; T.C.A., § 12-223; Acts 1992, ch. 713, § 4; 2011, ch. 295, § 9(a).
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 2 - SALE OF CONFISCATED MOTOR VEHICLES AND INTOXICATING LIQUORS (§§ 12-2-201 — 12-2-209) › Section 12-2-206 - Rejection of bids - Readvertisement

Any and all bids received by the chief procurement officer for any of the property to be sold hereunder may be rejected by the chief procurement officer, and the property may be readvertised for sale when, in the opinion of the chief procurement officer, no bid had been received commensurate with the fair market value of the property offered for sale.
Acts 1959, ch. 303, § 2; impl. am. Acts 1961, ch. 97, § 5; T.C.A., § 12-224; Acts 2011, ch. 295, § 9(e).
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 2 - SALE OF CONFISCATED MOTOR VEHICLES AND INTOXICATING LIQUORS (§§ 12-2-201 — 12-2-209) › Section 12-2-207 - Retention of administration costs - Disposition of remaining proceeds

(a)
The state shall retain a fee for all property sold hereunder to defray the costs of administering this part. The amount of the fee shall be determined in the same manner as is authorized for the sale of state surplus property under §
12-2-411
. The remainder of the proceeds shall be paid over to the respective departments and agencies of the state in accordance with the particular law under which the property was seized and confiscated.
(b)
When any intoxicating liquor has been seized and confiscated by a law enforcement officer of any county or municipality, the state shall retain a fee for administrative expenses. The amount of the fee shall be determined in the same manner as is authorized for the sale of state surplus property under §
12-2-411
. The balance of the proceeds of the sale shall be paid over to the particular county or municipality served or represented by the arresting officer or officers making such seizure and confiscation, as now authorized under §
57-9-115
.
Acts 1959, ch. 303, § 2; T.C.A., § 12-225; Acts 1992, ch. 713, §§ 5, 6.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 2 - SALE OF CONFISCATED MOTOR VEHICLES AND INTOXICATING LIQUORS (§§ 12-2-201 — 12-2-209) › Section 12-2-208 - Purchase by officer unlawful - Penalty for violation

(a)
(1)
Except as provided in subsection (b), it is hereby declared unlawful for any state, city or county officer, employee or such officer's or employee's agent to buy or offer to buy any of the property to be sold hereunder except by bid at public auction during the tenure of such person's office or employment, or for six (6) months thereafter.
(2)
Any such person violating or attempting to violate this subsection (a) or subsection (b) shall be dismissed and discharged from such person's respective job or position, and shall forfeit any pay or compensation which might be due such person. In addition thereto, any such sale is hereby expressly declared null and void, and such person shall, in addition, forfeit all right and title in the property.
(3)
A violation of this section is a Class C misdemeanor.
(b)
Notwithstanding subdivision (a)(1), it is declared unlawful for any state, city or county officer, employee or such officer's or employee's agent directly or indirectly involved in the confiscation of such property to buy or offer to buy any of the property to be sold hereunder. It is further declared unlawful for officers and employees designated by the procurement office, in accordance with applicable regulations of the procurement commission, to buy or offer to buy any of the property to be sold hereunder.
Acts 1959, ch. 303, § 3; T.C.A., § 12-226; Acts 1989, ch. 591, § 113; 1998, ch. 1043, § 1; 2011, ch. 295, § 9(f).
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 2 - SALE OF CONFISCATED MOTOR VEHICLES AND INTOXICATING LIQUORS (§§ 12-2-201 — 12-2-209) › Section 12-2-209 - Application of law

This part is applicable to all motor vehicles seized and confiscated in any county or municipality in this state when the same has been used to store or transport intoxicating beverages in violation of the liquor laws of the state, and this part likewise applies to the seizure and confiscation of intoxicating beverages owned or possessed in violation of the liquor laws of the state, whether the beverages are stamped or unstamped, and this part applies to both wet and dry counties.
Acts 1959, ch. 303, § 4; T.C.A., § 12-227.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 3 - SALES AND LEASES BY MUNICIPALITIES TO AND FROM NOT-FOR-PROFIT CORPORATIONS (§§ 12-2-301 — 12-2-306) › Section 12-2-301 - Part definitions

As used in this part, unless the context otherwise clearly requires:
(1)
"Governing body" includes all bodies and boards, by whatsoever names they may be known, charged with the governing of a municipality;
(2)
"Municipality" includes any county, city or town of the state;
(3)
"Not-for-profit corporation" means a general welfare corporation organized under § 48-1101(15) [repealed] as it existed prior to July 1, 1969, or a corporation, not-for-profit, organized under title 48 for the acquisition, construction, equipment and furnishing of buildings, structures, facilities and permanent improvements of all descriptions for lease, subdivision or conveyance to counties, cities and towns of the state; and
(4)
"Project" means and includes any building, structure, facility or permanent improvement, including the necessary equipment and furnishings therefor, which a municipality proceeding under this part is authorized to own, use or operate under any other provision of law.
Acts 1965, ch. 328, § 1; impl. am. Acts 1968, ch. 523, § 1 (17.06); T.C.A., § 12-229.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 3 - SALES AND LEASES BY MUNICIPALITIES TO AND FROM NOT-FOR-PROFIT CORPORATIONS (§§ 12-2-301 — 12-2-306) › Section 12-2-302 - Powers and duties of municipality

In order to provide projects for a municipality and to enable the construction and financing thereof on lands owned by the municipality or by a not-for-profit corporation, but for no other purpose unless authorized by law, a municipality has the following powers and duties:
(1)
Without limitation by reason of any other provisions of law, the power to sell and convey title to a not-for-profit corporation any land and any existing building thereon owned by the municipality for such consideration and upon such terms and conditions as in the judgment of the governing body are in the interests of the municipality;
(2)
Without limitation by reason of any other provisions of law, the power to lease to a not-for-profit corporation for a term or terms, not exceeding fifty (50) years each, any land and existing buildings thereon owned by the municipality upon such terms and conditions as in the judgment of the governing body are in the interests of the municipality;
(3)
The power to lease or sublease from a not-for-profit corporation and to make available for public use any project erected upon land conveyed or leased to a not-for-profit corporation or upon any of the land owned by a not-for-profit corporation upon such terms, conditions and rentals as in the judgment of the governing body are in the interests of the municipality;
(4)
The power to pledge and assign all or any part of the revenues derived from the operation of a project as security for the payment of rentals due and to become due under any lease or sublease under subdivision (3);
(5)
The power to covenant and agree in any lease or sublease made under subdivision (3) to impose fees, rentals or other charges for the use and occupancy or other operation of such project in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease; and
(6)
The power and duty, upon receipt of notice of any assignment by any such not-for-profit corporation of any lease or sublease made under subdivision (3), or of any of its rights under any such lease or sublease, to recognize and give effect to such assignment, and to pay to the assignee thereof rentals and other payments then due or which may become due under any such lease or sublease which has been so assigned by such not-for-profit corporation.
Acts 1965, ch. 328, § 2; impl. am. Acts 1968, ch. 523, § 1 (17.06); T.C.A. (orig. ed.), § 12-230.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 3 - SALES AND LEASES BY MUNICIPALITIES TO AND FROM NOT-FOR-PROFIT CORPORATIONS (§§ 12-2-301 — 12-2-306) › Section 12-2-303 - Municipality's liability under lease - Actions by not-for-profit corporations as lessors

The municipality shall be liable for accrued rentals and for any other default under any lease or sublease made under §
12-2-302(3)
, and may be sued therefor on contract as in other contract actions, except that it shall not be necessary for the not-for-profit corporation, as lessor, under any such lease or sublease or any assignee of such lessor or any person or legal entity proceeding on behalf of such lessor to file any claim or take any other action or proceeding prior to the commencement of any such action.
Acts 1965, ch. 328, § 3; impl. am. Acts 1968, ch. 523, § 1 (17.06); T.C.A., § 12-231.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 3 - SALES AND LEASES BY MUNICIPALITIES TO AND FROM NOT-FOR-PROFIT CORPORATIONS (§§ 12-2-301 — 12-2-306) › Section 12-2-304 - Municipality's obligations not within debt limitations

The obligations assumed and undertaken by a municipality pursuant to a lease or sublease made under §
12-2-302(3)
, including any unconditional or other obligation to pay rentals for a fixed term or terms, shall not be deemed or construed as constituting a debt of the municipality within the terms, provisions or limitations of any constitutional, statutory, charter or other limitations.
Acts 1965, ch. 328, § 4; T.C.A., § 12-232.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 3 - SALES AND LEASES BY MUNICIPALITIES TO AND FROM NOT-FOR-PROFIT CORPORATIONS (§§ 12-2-301 — 12-2-306) › Section 12-2-305 - Provision in lease to convey title upon retirement of obligations

Every lease and sublease made by a municipality with a not-for-profit corporation under §
12-2-302(3)
shall include a provision requiring such not-for-profit corporation to transfer and convey all of its right, title and interest in and to the project covered thereby immediately upon the payment and retirement of all bonds and other obligations issued by such not-for-profit corporation for the purpose of financing the cost of such project.
Acts 1965, ch. 328, § 5; impl. am. Acts 1968, ch. 523, § 1 (17.06); T.C.A., § 12-233.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 3 - SALES AND LEASES BY MUNICIPALITIES TO AND FROM NOT-FOR-PROFIT CORPORATIONS (§§ 12-2-301 — 12-2-306) › Section 12-2-306 - Powers conferred supplementary to other powers - Limitations do not restrict powers granted by other laws

The powers conferred by this part shall be in addition and supplementary to and the limitations by such sections shall not affect the powers conferred by any other general, special or local law. Projects may be undertaken under this part, notwithstanding that any other general, special or local law may provide for the acquisition, construction or lease of projects by municipalities, and without regard to the requirements, restrictions, limitations or other provisions contained in any other general, special or local law.
Acts 1965, ch. 328, § 6; T.C.A., § 12-234.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-401 - Short title

This part shall be known and may be cited as the "State Surplus Personal Property Act of 1976."
Acts 1976, ch. 821, § 1; T.C.A., § 12-235.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-402 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Commission" means the procurement commission;
(2)
"Commissioner" means the commissioner of general services;
(3)
"Personal property" or "property" means every species of state property which is not either:
(A)
Real property, the disposal of which is subject to this title, governing the disposal of state real property; or
(B)
Intangible personal property as defined in §
67-5-501
, relative to the assessment of intangible personal property for tax purposes; and
(4)
"Surplus" or "surplus property" means that personal property which has been determined to be obsolete, outmoded, or no longer usable by the state and declared as such, by the commissioner or head of the releasing department or agency, in accordance with this part.
Acts 1976, ch. 821, § 2; T.C.A., § 12-236; Acts 2011, ch. 295, §§ 9(a), 19; 2012, ch. 626, § 4.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-404 - Declaration of property as surplus

Each article of personal property to be disposed of as surplus property under this part shall be declared surplus by the commissioner or head of the releasing department or agency in accordance with this part and the regulations of the procurement commission. The commissioner shall approve or disapprove any such declarations pursuant to regulations of the procurement commission.
Acts 1976, ch. 821, § 4; T.C.A., § 12-238; Acts 2011, ch. 295, §§ 9(a), 19; 2012, ch. 626, § 4.
2023 Tennessee Code › Title 12 - PUBLIC PROPERTY, PRINTING AND CONTRACTS (§§ 12-1-101 — 12-12-113) › Chapter 2 - ADMINISTRATION AND DISPOSITION OF STATE PROPERTY (§§ 12-2-101 — 12-2-501) › Part 4 - STATE SURPLUS PERSONAL PROPERTY ACT OF 1976 (§§ 12-2-401 — 12-2-421) › Section 12-2-405 - Determination of method of disposal

(a)
If the commissioner approves the declaration of property as surplus, the commissioner shall assign the property designated as surplus to one (1) of the four (4) methods of disposal set forth in this part, in accordance with regulations of the procurement commission. Such assignment and classification shall be duly recorded in writing with appropriate supporting documentation.
(b)
In classifying surplus property for disposal, the following criteria shall be considered:
(1)
The character, utility and functionality of the property;
(2)
The economies of disposal in light of all relevant circumstances attendant the proposed disposal, including the condition and climate of the potential market and present estimated market value of the property, transportation costs, and other cost factors associated with disposal; and
(3)
Sound fiscal and budgetary policy and practices.
Acts 1976, ch. 821, § 5; T.C.A., § 12-239; Acts 2011, ch. 295, §§ 9(a), 19; 2012, ch. 626, § 4.