reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-310) › Part 2 - CHARTER FORM OF GOVERNMENT (§§ 5-1-201 — 5-1-215) › Section 5-1-207 - Charter commission - Appropriations - Assistance of public officials

(a)
Whenever any charter commission is established, it shall be the duty of the legislative body of the county to appropriate sufficient funds to defray the expenses of such commission, which appropriation shall be not more than fifty thousand dollars ($50,000). Such funds shall be disbursed by the county mayor or other fiscal officer of the county upon vouchers or warrants signed by the chair and the secretary of such commission.
(b)
All public officials shall, upon request, furnish the commission with all information and assistance necessary or appropriate for its work.
Acts 1979, ch. 402, § 7; T.C.A., § 5-127; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-310) › Part 2 - CHARTER FORM OF GOVERNMENT (§§ 5-1-201 — 5-1-215) › Section 5-1-208 - Charter commission - Duties

(a)
Each charter commission shall prepare and file the charter proposed by it not later than nine (9) months after the date of its initial meeting, or within such extended limit of time as may be authorized by resolution of the legislative body of the county.
(b)
The chair of the charter commission shall certify and file copies of such proposed charter with the county clerk and with the county election commission. Such copies shall be public records, available for inspection or examination by any interested person. Such charter commission shall also furnish or make available to every daily or weekly newspaper published in the county a complete copy of such charter.
(c)
Such charter commission shall take such other steps within the limitation of its available funds as it deems reasonable and appropriate to inform the public throughout the county of the contents of the proposed charter, and the same may be published or summarized in pamphlets and booklets to be made available for general distribution.
Acts 1979, ch. 402, § 8; T.C.A., § 5-128.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-310) › Part 2 - CHARTER FORM OF GOVERNMENT (§§ 5-1-201 — 5-1-215) › Section 5-1-209 - Charter referendum

(a)
After a copy of the proposed charter has been certified to the county election commission, as provided in §
5-1-208
, it shall be the duty of the county election commission to hold a referendum election for the ratification or rejection of the proposed charter.
(b)
The ballots used in the election shall have printed on them a brief summary of the proposed charter as required by §
2-5-208(f)
. The ballots shall be prepared so as to provide a choice for voters as follows:
For a charter form of county government ____________________.
Against a charter form of county government ____________________.
(c)
The referendum election shall be held at the time of the next general election. Notice of the referendum election shall be given as required in other elections on questions submitted to the vote of the people.
(d)
The proposed charter shall be deemed ratified and adopted if it is approved by a majority of those voting in the referendum.
(e)
(1)
The returns of the referendum election shall be certified by the county election commission to the secretary of state, together with a copy of the charter previously filed with such county election commission by the charter commission.
(2)
Thereupon, the secretary of state shall issue a proclamation showing the result of such election on the adoption or rejection of the proposed charter, one (1) copy of which proclamation shall be attached to the copy of the charter theretofore certified to the secretary of state and one (1) copy of which shall be delivered to the county clerk, who shall attach the same to the copy of the charter theretofore certified to such county clerk.
(3)
Whenever a charter form of county government has been adopted, such two (2) certified copies with proclamations attached thereto shall be deemed duplicate original copies of the charter of such government.
(4)
The certified copy of the charter and proclamation deposited with the county clerk shall subsequently be delivered by such county clerk to such officer of the county government as the charter may direct.
Acts 1979, ch. 402, § 9; T.C.A., § 5-129.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-310) › Part 2 - CHARTER FORM OF GOVERNMENT (§§ 5-1-201 — 5-1-215) › Section 5-1-212 - Charter adoption - Rights, etc., preserved

(a)
The creation and establishment of a charter form of county government pursuant to this part shall not alter or change zoning regulations effective in the county, but the same shall continue until modified or changed by the county legislative body acting under authority granted in the charter.
(b)
Nothing in the charter of a county shall be construed to abolish, limit or abrogate any rights, privileges, duties or liabilities created by contract with the existing form of county government prior to the adoption of the county charter.
(c)
Nothing in the charter of a county shall be construed to abolish, limit or abrogate any rights of or against the county existing prior to the adoption of the county charter.
Acts 1979, ch. 402, § 12; T.C.A., § 5-132.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-310) › Part 2 - CHARTER FORM OF GOVERNMENT (§§ 5-1-201 — 5-1-215) › Section 5-1-213 - Chartered counties - Privilege taxes

Each county government created and established pursuant to this part shall be authorized and empowered to levy within its area any and every privilege tax that a county is now authorized to levy or may hereafter be authorized to levy.
Acts 1979, ch. 402, § 13; T.C.A., § 5-133.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-310) › Part 2 - CHARTER FORM OF GOVERNMENT (§§ 5-1-201 — 5-1-215) › Section 5-1-214 - Charter adoption - Effective date

If a charter is approved as provided in §
5-1-209
, the charter form of government shall take effect in the county on September 1 of the year in which the terms of the incumbent members of the county legislative body expire; provided, that such referendum shall have been held at least eighty (80) days prior to such date.
Acts 1979, ch. 402, § 14; T.C.A., § 5-134.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-310) › Part 2 - CHARTER FORM OF GOVERNMENT (§§ 5-1-201 — 5-1-215) › Section 5-1-215 - Financial policy on debt required for certain counties

The county legislative body of any county having a charter form of government that has a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, shall adopt a financial policy establishing guidelines and goals in regard to the amount and type of debt issued by or on behalf of such county. Such policy shall be adopted within one (1) year from May 30, 2001.
Acts 2001, ch. 326, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-310) › Part 3 - COUNTY OFFICIALS CERTIFICATE TRAINING PROGRAM ACT (§§ 5-1-301 — 5-1-310) › Section 5-1-301 - Short title

This part shall be known and may be cited as the "County Officials Certificate Training Program Act."
Acts 1989, ch. 303, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-310) › Part 3 - COUNTY OFFICIALS CERTIFICATE TRAINING PROGRAM ACT (§§ 5-1-301 — 5-1-310) › Section 5-1-302 - Participants

In the interpretation of this part, "participant" includes county sheriffs, trustees, state court clerks, county clerks, county mayors, registers of deeds, assessors of property, chief administrative officers of the county highway departments, county legislative body members, and the staff, employees, deputies and assistants to such officials who take courses under the county officials certificate training program (COCTP) as administered by the University of Tennessee institute for public service's center for government training.
Acts 1989, ch. 303, § 2; 2003, ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-310) › Part 3 - COUNTY OFFICIALS CERTIFICATE TRAINING PROGRAM ACT (§§ 5-1-301 — 5-1-310) › Section 5-1-303 - Creation

There is hereby created a county officials certificate training program (COCTP) to be offered and administered by the University of Tennessee institute for public service's center for government training, with the assistance of the University of Tennessee institute for public service's county technical assistance service, and conducted in cooperation with the Tennessee County Services Association (TCSA), the County Officials Association of Tennessee (COAT), and the Tennessee Sheriffs' Association (TSA).
Acts 1989, ch. 303, § 3.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-310) › Part 3 - COUNTY OFFICIALS CERTIFICATE TRAINING PROGRAM ACT (§§ 5-1-301 — 5-1-310) › Section 5-1-304 - Levels of training - Credit hours - Curricula certification

(a)
The county officials certificate training program (COCTP) shall be composed of three (3) levels of training: introductory, intermediate, and advanced.
(b)
At the successful completion of all three (3) levels, a participant shall have accumulated a minimum of one hundred fifteen (115) credit hours of instruction or related association involvement.
(c)
Curricula shall be offered for certification for the following county offices: county mayor, county legislative body member, county clerk, chief administrative officer of the county highway department, register of deeds, trustee, assessor of property, state court clerks and sheriff.
Acts 1989, ch. 303, § 4; 2003, ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-310) › Part 3 - COUNTY OFFICIALS CERTIFICATE TRAINING PROGRAM ACT (§§ 5-1-301 — 5-1-310) › Section 5-1-305 - Introductory level - Requirements

(a)
For successful completion of the introductory level, thirty-six (36) credit hours of course work from the introductory level curricula, which may include up to eight (8) credits for association activities, within the county officials certificate training program (COCTP) must be completed by a participant.
(b)
The introductory level curricula shall be the same for all of the county offices included within the COCTP and shall be developed by the University of Tennessee institute for public service's center for government training.
(c)
Introductory level requirements shall include one (1) course on county budgeting and one (1) course on supervisory/management skills.
(d)
Upon successful completion of the introductory level, a participant will be awarded an introductory level certificate by the University of Tennessee institute for public service's center for government training.
Acts 1989, ch. 303, § 5.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-310) › Part 3 - COUNTY OFFICIALS CERTIFICATE TRAINING PROGRAM ACT (§§ 5-1-301 — 5-1-310) › Section 5-1-306 - Introductory level renewal sticker

Participants who do not wish to enter the intermediate level or the advanced level or who cannot complete the requirements of the next level within one (1) year may complete eighteen (18) hours of training from courses not taken within the previous year and earn a renewal sticker to attach to the introductory level certificate.
Acts 1989, ch. 303, § 6.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-310) › Part 3 - COUNTY OFFICIALS CERTIFICATE TRAINING PROGRAM ACT (§§ 5-1-301 — 5-1-310) › Section 5-1-307 - Intermediate level - Requirements

(a)
For successful completion of the intermediate level, fifty-one (51) credit hours of course work, including twenty-seven (27) credit hours for all officials and twenty-four (24) credit hours from the office specific courses developed for each of the county offices included in the county officials certificate training program (COCTP) must be completed by a participant.
(b)
All intermediate level courses will include a post test as part of the course work, which must be passed by the participant prior to receiving credit for the course work.
(c)
Participants who do not pass an intermediate level course shall repeat the course.
(d)
Intermediate level courses may be taken prior to introductory level courses.
(e)
Certificates will only be awarded by the University of Tennessee institute for public service's center for government training in the proper sequence.
(f)
Upon successful completion of the intermediate level, a participant will be awarded an intermediate level certificate by the University of Tennessee institute for public service's center for government training.
Acts 1989, ch. 303, § 7.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-310) › Part 3 - COUNTY OFFICIALS CERTIFICATE TRAINING PROGRAM ACT (§§ 5-1-301 — 5-1-310) › Section 5-1-308 - Advanced level - Requirements

(a)
For successful completion of the advanced level, twenty-eight (28) credit hours of course work must be completed by a participant. Such course work shall include a fourteen-hour roundtable discussion of the intergovernmental issues affecting counties in particular and the way the management knowledge gained through the county officials certificate training program (COCTP) can be applied, as well as the participation in a real-life case study exercise to identify a specific problem/opportunity in the office discussing with other roundtable participants the manner in which the participant would address the problem or opportunity with skills learned in the COCTP.
(b)
At the end of the advanced level, participants who have successfully completed all three (3) levels will be designated "Certified Public Administrators", in recognition of the significant time committed to their professional development, by the University of Tennessee institute for public service's center for government training.
Acts 1989, ch. 303, § 8.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-310) › Part 3 - COUNTY OFFICIALS CERTIFICATE TRAINING PROGRAM ACT (§§ 5-1-301 — 5-1-310) › Section 5-1-309 - Modification of course level requirements

Modification of the course level requirements outlined in this part, including renewal criteria for any level, may be made by the University of Tennessee institute for public service's center for government training with the concurrence of a majority of the education committees of the associations referred to in §
5-1-303
.
Acts 1989, ch. 303, § 9.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 2 - CHANGES IN BOUNDARIES-NEW COUNTIES (§§ 5-2-101 — 5-2-118) › Section 5-2-101 - New counties - General requirements

(a)
New counties may be established by the general assembly that consist of not less than two hundred seventy-five square miles (275 sq. mi.), and that shall contain a population of not less than seven hundred (700) qualified voters.
(b)
No line of such county shall approach the courthouse of any old county from which it may be taken nearer than eleven (11) miles, nor shall such old county be reduced to less than five hundred square miles (500 sq. mi.).
(c)
No part of a county shall be taken off to form a new county or a part thereof without the consent of two thirds (2/3) of the qualified voters in such part taken off; and where an old county is reduced for the purpose of forming a new one, the seat of justice in the old county shall not be removed without the concurrence of two thirds (2/3) of both branches of the general assembly.
Code 1858, § 82 (deriv. Const. 1834, art. 10, § 4); Shan., § 100 (as mod. by Const. 1870, art. 10, § 4); Code 1932, § 117; T.C.A. (orig. ed.), § 5-201.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 2 - CHANGES IN BOUNDARIES-NEW COUNTIES (§§ 5-2-101 — 5-2-118) › Section 5-2-102 - New counties - Notice of petition for creation

When it is intended to petition the general assembly to create a new county, notice of such intention shall be posted on meeting days of the county legislative bodies, at least sixty (60) days next preceding the annual election of representatives to the general assembly, at the front doors of the courthouses of the counties from which the new county is proposed to be formed, which notice shall set forth the names of such counties, and the metes and bounds proposed for the new county.
Code 1858, § 83 (deriv. Acts 1849-1850, ch. 112); Shan., § 101; Code 1932, § 120; T.C.A. (orig. ed.), § 5-202.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 2 - CHANGES IN BOUNDARIES-NEW COUNTIES (§§ 5-2-101 — 5-2-118) › Section 5-2-103 - Memorial for division of county

(a)
Any person desiring to divide a county shall prefer a memorial to the general assembly for that purpose.
(b)
The memorial shall describe the line or lines of the proposed division and be accompanied by a fair and accurate plat of the county to be divided, representing together the old counties and the new one, the survey and plat to be made by a sworn surveyor, and by such surveyor subscribed and certified to be just and true.
Code 1858, §§ 88, 89 (deriv. Acts 1796 (March S.), ch. 13, §§1, 2); Shan., §§ 110, 111; Code 1932, §§129, 130; T.C.A. (orig. ed.), § 5-203.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 2 - CHANGES IN BOUNDARIES-NEW COUNTIES (§§ 5-2-101 — 5-2-118) › Section 5-2-104 - Boundary changes - Plats and surveys

(a)
All applications for legislation changing county lines shall be accompanied by:
(1)
An accurate survey and plat, showing the changes asked for, and giving courses and distances of the county line as it will be left after such change should be made; and
(2)
After consideration of the potential impact to all relevant departments, a resolution approved by two-thirds (2/3) of the county commissioners of all counties affected by such boundary line change.
(b)
No bill providing for such change shall be in order unless so accompanied.
Amended by 2022 Tenn. Acts, ch. 940, s 1, eff. 4/29/2022.
Acts 1895, ch. 105, § 1; Shan., § 93; Code 1932, § 111; T.C.A. (orig. ed.), § 5-204; Acts 1999, ch. 331, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 2 - CHANGES IN BOUNDARIES-NEW COUNTIES (§§ 5-2-101 — 5-2-118) › Section 5-2-105 - Transferred areas - Continuing liability

The fractions taken from old counties to form new counties, or taken from one (1) county and added to another shall continue to be liable for their pro rata of all debts contracted by their respective counties prior to the separation, and be entitled to their proportion of any stocks or credits belonging to such old counties.
Const. 1870, art. 10, § 4; Shan., § 100a1; Code 1932, §118; T.C.A. (orig. ed.), § 5-205.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 2 - CHANGES IN BOUNDARIES-NEW COUNTIES (§§ 5-2-101 — 5-2-118) › Section 5-2-106 - Transferred areas - Voting rights

The registered voters who may be included in any new county shall vote with the county or counties from which they may have been stricken off, for members of congress, for governor and for members of the general assembly until the next apportionment of members to the general assembly after the establishment of such new county.
Const. 1870, art. 10, § 5; Shan., § 100a2; mod. Code 1932, §119; Acts 1972, ch. 740, § 4(1); T.C.A. (orig. ed.), § 5-206.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 2 - CHANGES IN BOUNDARIES-NEW COUNTIES (§§ 5-2-101 — 5-2-118) › Section 5-2-107 - Transcription of records

The county legislative bodies of new counties so formed may appoint a commissioner or commissioners to transcribe the records of all title deeds to lands and mortgages and other pertinent instruments affecting lands lying in the new counties, and when the transcript is completed, the register of the county from which the same is taken shall affix such register's certificate to the transcript, and the same shall be filed with the register of the new county, and a copy from the transcript shall be as valid evidence of title in all courts of law and equity in this state as the original would be; provided, that the expenses of the transcript shall be paid by the county or counties for whose benefit the same is made.
Acts 1870-1871, ch. 112, § 2; Shan., § 109; Code 1932, § 128; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-207.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 2 - CHANGES IN BOUNDARIES-NEW COUNTIES (§§ 5-2-101 — 5-2-118) › Section 5-2-108 - New or altered counties - Pending litigation

(a)
All actions at law or in equity, or causes in the court of general sessions of any old county where new counties have been formed from the territory of the same, if the parties interested in the suits live in the new counties so formed, and the subject matter of the suits originated within the limits of the new county, upon application of the parties litigant, or either of them, may be removed to the new county.
(b)
When the plaintiff and defendant in any litigation both reside in a new county established by law, the litigation, if pending in one (1) of the old counties from which the new county is taken, may be transferred to the court established for the new county, either common law, chancery, or criminal, according to the nature of the case.
Code 1858, § 84 (deriv. Acts 1835-1836, ch. 86, § 1); Acts 1870-1871, ch. 112, § 1; Shan., §§ 102, 108; Code 1932, §§ 121, 127; impl. am. Acts 1978, ch. 934, § 36; T.C.A. (orig. ed.), §§ 5-208, 5-209, 5-2-109.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 2 - CHANGES IN BOUNDARIES-NEW COUNTIES (§§ 5-2-101 — 5-2-118) › Section 5-2-110 - Transfer of court records

In all cases where new counties are formed out of fractions of old counties, or where fractions of one county are attached to another county, it shall be the duty of the judge or judges of the court of general sessions of the old county, or of the county from which the fraction is taken, to deliver all the dockets, papers, public laws and statutes belonging to that judge's office to the nearest judge of the new county, or of the county to which the fraction is attached, and the judges to which the dockets, etc., are delivered, shall have the same authority over the dockets, etc., and the judgments thereon, as is by law conferred on the judge rendering such judgment.
Acts 1873, ch. 114, § 1; Shan., § 105; Code 1932, §124; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 5-210.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 2 - CHANGES IN BOUNDARIES-NEW COUNTIES (§§ 5-2-101 — 5-2-118) › Section 5-2-111 - Process on transferred records

Where the docket shall have been delivered as provided in §
5-2-110
, it shall be the duty of the magistrate of the new county to issue executions, scire facias, and such other process as may be necessary for the enforcement of the judgments thereon, to the same extent and in as full a manner as the magistrate of the old county could have done, and it shall be the duty of the county clerk of the new county, upon presentation of any such process, to certify to the official character of the magistrate issuing the execution or other process, and any such process so certified shall have the same force and validity in any other county as is now by law given to such process when issued by a magistrate of an old county and certified by the clerk thereof.
Acts 1873, ch. 114, § 2; Shan., § 106; Code 1932, §125; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 5-211.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 2 - CHANGES IN BOUNDARIES-NEW COUNTIES (§§ 5-2-101 — 5-2-118) › Section 5-2-112 - Dissolution of new county - Pending litigation

(a)
When a new county that has been established by act of the general assembly and that has gone into operation is subsequently dissolved in any way or for any reason, the pending litigation in the courts and before the judges of the court of general sessions of that county shall not abate, but shall be transferred to the courts and judges of the old county from which the new county was formed.
(b)
The suits before judges of the court of general sessions, in such cases, will follow the place where the judge holds such judge's court.
(c)
Suits in court shall be transferred to the county in which the defendant resides, if the defendant resides in either of the old counties from which the new county was taken, and, if not, to the old county selected by the plaintiff.
Code 1858, §§ 85, 86; Shan., §§ 103, 104; Code 1932, §§ 122, 123; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 5-212.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 2 - CHANGES IN BOUNDARIES-NEW COUNTIES (§§ 5-2-101 — 5-2-118) › Section 5-2-113 - Dissolution of new county - Fiduciaries

The executors, administrators and guardians appointed in such dissolved counties, who have not settled and closed their trusts, shall make settlements in the court of general sessions of the county that would have had jurisdiction if such new county had never been organized; and such persons may be proceeded against as if appointed in the old county.
Code 1858, § 87 (deriv. Acts 1849-1850, ch. 28, § 1); Shan., § 107; Code 1932, § 126; impl. am. Acts 1978, ch. 934, § 36; T.C.A. (orig. ed.), § 5-213.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 2 - CHANGES IN BOUNDARIES-NEW COUNTIES (§§ 5-2-101 — 5-2-118) › Section 5-2-114 - Location of boundaries - Authority of state board of equalization

The state board of equalization shall have jurisdiction to determine the location of county boundaries.
Acts 1972, ch. 622, § 1; T.C.A., § 5-214.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 2 - CHANGES IN BOUNDARIES-NEW COUNTIES (§§ 5-2-101 — 5-2-118) › Section 5-2-115 - Location of boundaries - Assessment of property - Effects of county boundary changes - Notification

(a)
In circumstances where property is claimed to be located within the boundaries of two (2) adjoining counties and the property has been assessed for property taxation by both counties, the location of county boundaries shall be determined by the state board of equalization.
(b)
If the state board determines that the entire property lies within either of the respective counties, it shall declare the assessment made by the other county void.
(c)
Upon a determination by the state board that the property is partially located within the boundaries of both counties, it shall determine the number of acres or amount of property lying within each of the respective counties and determine the pro rata value of the property lying within each of the counties and assess the same pursuant to §
67-5-505
.
(d)
When property has been assessed in one county for five (5) years or more, the state board shall not have authority to rule that such property shall be located in a different county, but the board shall have authority to redress double assessment in these circumstances by voiding the later assessment to the extent it represents an assessment by both counties.
Acts 1972, ch. 622, § 2; 1975, ch. 156, § 1; T.C.A., § 5-215; Acts 2000, ch. 622, §1; 2010 , ch. 739, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 2 - CHANGES IN BOUNDARIES-NEW COUNTIES (§§ 5-2-101 — 5-2-118) › Section 5-2-116 - Location of boundaries - Purposes other than assessment

(a)
In circumstances where a dispute arises concerning the location of a county line for purposes other than property taxation, the state board of equalization shall have authority to determine the location of county lines.
(b)
In such disputes, the state board shall not have the authority to locate a county line so that property that has been assessed for property taxation purposes in one (1) county for five (5) years or more is located in a different county.
Acts 1972, ch. 622, § 3; 1975, ch. 156, § 2; T.C.A., § 5-216.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 2 - CHANGES IN BOUNDARIES-NEW COUNTIES (§§ 5-2-101 — 5-2-118) › Section 5-2-117 - Location of boundaries - Effect of determination

Any determination of the state board of equalization regarding the location of county boundaries shall be final and conclusive subject to judicial review.
Acts 1972, ch. 622, § 4; T.C.A., § 5-217.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 2 - CHANGES IN BOUNDARIES-NEW COUNTIES (§§ 5-2-101 — 5-2-118) › Section 5-2-118 - Location of boundaries - Shelby County - Fayette County

The boundary line between Shelby County and Fayette County shall be revised so that the new boundary line is established as follows:
Starting at 881979.25, 339362.988 using state plane coordinate system feet to the north ROW line of U.S. Route 64 and also being the Shelby/Fayette Census County line used during the 2020 decennial census, then continuing to follow the north ROW line of U.S. Route 64 to 882208.999, 339462.774 being the southeast corner of the city of Arlington boundary and the north ROW of Braggs Drive. 882446.823, 347518.595 to 882678.993, 347556.253 north to 882999.026, 352890.871 being the north line of Donaldson Drive, then 883069.42, 352904.659 to 883088.68, 353336.334 to 882946.247, 353335.427 north to 883405.242, 359782.405 west 883159.589, 359801.227 north 883187.697, 360769.797 to 883183.462, 361179.937 then with a line identified as "county line" in the Fayette County parcel data 883494.906, 361324.25 then with a line identified as "county line" in the Fayette County parcel data 883199.561, 361485.534 then with a line identified as "county line" in the Fayette County parcel data 884030.465, 361643.962 then with a line identified as "county line" in the Fayette County parcel data 883502.208, 362294.051 northerly 883570.648, 362509.372, to 883621.035, 362788.147 then to the south ROW line of I-40 883683.362, 363764.332 to 884088.462, 368912.876 to 884122.047, 369526.035 to south side of ROW 884183.894, 370489.372 crossing ROW 884184.303, 370519.051 to 884139.163, 371413.127 to 884117.892, 372149.138 to 884020.079, 374931.699 crossing railroad 884161.515, 378467.292 to north line of the city of Arlington boundary then southwesterly to 884078.532, 378415.714 being the Shelby/Fayette Census County line used during the 2020 decennial census.
Acts 2023, ch. 183, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-101 - State consolidation committee

(a)
There is created a state consolidation committee composed of the following members:
(1)
The governor;
(2)
The attorney general and reporter or the attorney general and reporter's representative;
(3)
The commissioner of revenue or the commissioner's representative;
(4)
The commissioner of transportation or the commissioner's representative;
(5)
The commissioner of education or the commissioner's representative;
(6)
The commissioner of environment and conservation or the commissioner's representative; and
(7)
The director and secretary of the state planning office [abolished].
(b)
(1)
The governor shall serve as chair of the committee and the committee shall meet subject to the call of the governor.
(2)
All members shall be notified, in advance, of the time and place of each meeting, and four (4) members shall constitute a quorum.
Acts 1939, ch. 224, § 2; C. Supp. 1950, § 136.1 (Williams, § 136.2); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 542, § 15; impl. am. Acts 1972, ch. 829, § 5; T.C.A. (orig. ed.), § 5-301.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-102 - County consolidation committee

(a)
Upon receipt of a petition, signed by qualified voters of any one (1) county, equal in number to at least twenty-five percent (25%) of the number of votes cast in the county for governor in the last general election, requesting the consolidation of the county or parts of the county with one (1) or more adjoining counties, the state consolidation committee shall appoint a county consolidation committee for the county.
(b)
The county consolidation committee shall be composed of the county mayor and the county trustee of the petitioning county, the county mayors of the adjoining counties, and five (5) signers of the petition designated by the governor.
Acts 1939, ch. 224, § 3; C. Supp. 1950, § 136.2 (Williams, § 136.3); impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), §5-302; Acts 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-103 - Joint committee - Hearings and report

(a)
The state consolidation committee and the county consolidation committee shall act as a joint committee to consider the request for consolidation and shall hold hearings thereon within the petitioning county.
(b)
The hearings shall be public and representatives of the governing bodies of the counties concerned in the proposed consolidation shall be invited to attend.
(c)
Within ninety (90) days of the receipt of the petition by the state consolidation committee, the joint committee shall report its findings and recommendations on the feasibility of consolidation of the petitioning county with another county or counties.
(d)
If such consolidation should be found desirable, the report shall recommend, among other things, the county or counties with which the petitioning county should be consolidated, and shall set the boundaries thereof.
(e)
The findings of the report shall be published in a newspaper or newspapers or a periodical of general distribution within the counties so affected.
Acts 1939, ch. 224, § 3; C. Supp. 1950, § 136.2 (Williams, §136.3); T.C.A. (orig. ed.), § 5-303.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-104 - Referendum

(a)
If the report of the joint committee recommends that the petitioning county be consolidated, the county election commission of the petitioning county shall, after publication of the report, call an election in the county on the question of whether a constitutional majority of the qualified voters in the county are in favor of the plan of consolidation as recommended by the joint committee.
(b)
All registered voters in the county may vote in the election.
(c)
(1)
After completion of its duties under §
2-8-105(3)
, the county election commission shall determine and certify the result of the election.
(2)
One (1) copy of the certificate shall be delivered by the county election commission to the county clerk of each of the counties affected, one (1) copy shall be delivered to the state consolidation committee, one (1) copy shall be delivered to the county consolidation committee, and one (1) copy shall be delivered to the secretary of state.
(3)
Any irregularity in the certificate or any failure or omission to deliver, to forward, to file, or to record the certificate, as provided in subdivision (c)(2), shall not affect the validity of the act, or the legality of the consolidation of the petitioning county with any other county or counties; provided, that it be a fact that a constitutional majority of the qualified voters of the petitioning county voted for the consolidation of the county at the election.
Acts 1939, ch. 224, § 4; C. Supp. 1950, § 136.3 (Williams, §136.4); Acts 1972, ch. 740, § 4(2); impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 5-304.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-105 - Dissolution of county - Effective date

(a)
If the result of the election shall show that a constitutional majority of the votes cast, namely two thirds (2/3) or more of the qualified voters in the petitioning county, were in favor of the plan for consolidation, it is declared that the petitioning county shall be, and it shall stand, abolished and dissolved as such, and its territory shall be transferred to, and shall become a part of, the county or counties as set forth in the consolidation plan and any act or acts relating to the creation of the petitioning county shall be and become repealed.
(b)
The effective date of the abolishment of any such county and its offices shall be on the quadrennial date, computed from September 1, 1942, following next after completion of proceedings under this chapter.
Acts 1939, ch. 224, § 5; C. Supp. 1950, § 136.4 (Williams, §136.5); T.C.A. (orig. ed.), § 5-305.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-106 - Dissolution of county - Transfer of functions, etc

Immediately upon the effective date of the consolidation of the petitioning county, all county offices of the county shall be and stand abolished, and it shall be the duty of the several county officers in the county to surrender their offices, books, records, funds and other property, and account to the like officers in the county or counties as set forth in the plan for consolidation; and the receiving officers shall be and become entitled to the offices, books, records, funds and property; and the trustee or county clerk, as the case may be, of the absorbing county or counties, shall collect and disburse, as provided by law, all unpaid taxes, fines, licenses and fees for that portion of the county being consolidated with the absorbing county.
Acts 1939, ch. 224, § 6; C. Supp. 1950, § 136.5 (Williams, § 136.6); impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 5-306.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-107 - Dissolution of county - Rights and duties of county officers

(a)
In the event of a favorable vote under §
5-3-104
, the constitutional and other elective officers of the petitioning county, as provided by law, shall continue to serve out their existing terms of office and shall receive full compensation therefor; provided, that such compensation shall not be on a higher rate than was set for the office one (1) year before the receipt of the petition for consolidation by the state consolidation committee; and provided further, that all such offices and compensation shall be and stand abolished upon the effective date of consolidation.
(b)
It shall be the duty of such officers to assist the like officers of the absorbing county or counties in effecting the necessary transfer of offices, books, records, funds and other property.
Acts 1939, ch. 224, § 7; C. Supp. 1950, § 136.6 (Williams, §136.7); T.C.A. (orig. ed.), § 5-307.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-108 - Districts

(a)
All magisterial or civil districts shall become a part of the absorbing county or counties, as set forth in the consolidation plan.
(b)
(1)
In the event the combined number of magisterial or civil districts in any absorbing county exceeds the constitutional limitation, namely twenty-five (25), the county legislative body of the county shall, in accordance with §§
5-1-111
and
5-1-112
, at its first regular meeting following the consolidation, redistrict the county to provide not more than the constitutional number of magisterial or civil districts.
(2)
In the event the county fails so to act, the state consolidation committee is empowered, authorized and directed so to redistrict the county.
Acts 1939, ch. 224, § 7; C. Supp. 1950, § 136.6 (Williams, § 136.7); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-308.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-109 - Indebtedness and property

In the event of a favorable vote under §
5-3-104
, the indebtedness of the petitioning county shall be and become the obligation of and against the absorbing county or counties, subject to limitations as set forth in any legislation hereinafter enacted and as set forth in the consolidation plan; and in a like manner the title to all the property, real, personal or mixed, or of whatever character, that belongs to the petitioning county, shall pass to and be and become the property of the absorbing county or counties.
Acts 1939, ch. 224, § 8; C. Supp. 1950, § 136.7 (Williams, §136.8); T.C.A. (orig. ed.), § 5-309.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-110 - Transfer of court records

The records, papers, files, etc., in the chancery court, circuit court and court of general sessions of the petitioning county shall be, by the respective clerks of such courts, turned over to the clerks of the respective courts of the absorbing county or counties, as set forth in the consolidation plan.
Acts 1939, ch. 224, § 8; C. Supp. 1950, § 136.7 (Williams, § 136.8); impl. am. Acts 1978, ch. 934, § 36; T.C.A. (orig. ed.), § 5-310.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-111 - Voting - Reapportionment

(a)
From and after the effective date of consolidation, the qualified voters of the petitioning county or any portion thereof shall vote in any general or special election with the voters of the county absorbing the petitioning county or portion thereof.
(b)
The general assembly, following the effective date of consolidation, shall so apportion the members to the general assembly and shall make such adjustments in the judicial districts as may be found necessary.
Acts 1939, ch. 224, § 9; C. Supp. 1950, § 136.8 (Williams, §136.9); T.C.A. (orig. ed.), § 5-311.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-113 - Debt reorganization - Definition of terms

As used in §§
5-3-113
- 5-3-121, the following words and terms have the following meanings:
(1)
"Absorbed county" means any county or a part of any county that is absorbed by another county;
(2)
"Absorbing county" means any county that absorbs any other county or portion of any county;
(3)
"Funding bonds" means bonds issued to pay or to extend the time of payment of debts not evidenced by bonds;
(4)
"Governing body" means the county legislative body of the "absorbing county"; and
(5)
"Refunding bonds" means bonds issued to pay or to extend the time of payment of debts evidenced by bonds.
Acts 1939, ch. 225, § 1; C. Supp. 1950, § 136.10 (Williams, § 136.12); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 5-313.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-114 - Debt reorganization - Plan

(a)
The governing body is authorized and empowered to prepare a plan of debt reorganization, which may include the bonded or floating indebtedness of the absorbing county, together with any bonded or floating indebtedness of any absorbed county, within ninety (90) days after a consolidation shall have taken place between counties or portions of counties.
(b)
The plan of debt reorganization shall be subject to the review of the state consolidation committee, which must approve the plan of debt reorganization in writing before the governing body of the absorbing county undertakes any funding or refunding. To this end, the state consolidation committee shall have the power and authority to demand the production of any and all county books and records, and to require the counties to submit such proofs and information as, in the judgment of the state consolidation committee, may be necessary or helpful.
(c)
Any plan of debt reorganization so prepared may provide for the issuance at one (1) time, or from time to time, of bonds of the absorbing or absorbed county for the following purposes:
(1)
Funding any or all warrants, notes or other indebtedness of such unit not evidenced by bonds, and interest accrued on the warrants, notes or other indebtedness, that are outstanding at the close of the fiscal year immediately preceding the authorization of such funding bonds;
(2)
Refunding any or all bonds of the absorbing and absorbed counties, and interest accrued thereon, whether such units issued such bonds or assumed or became liable therefor, including bonds not matured, if the unmatured bonds be then redeemable, or if the holder thereof be willing to surrender the same for retirement, and including bonds belonging to the sinking funds of such units; and
(3)
To pay any redemption premium upon bonds so refunded and also such expenses as the governing body may deem reasonable and proper for carrying out §§
5-3-113
- 5-3-121.
Acts 1939, ch. 225, § 2; C. Supp. 1950, § 136.11 (Williams, §136.13); T.C.A. (orig. ed.), § 5-314.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-115 - Debt reorganization - Laws relating to particular county

All bonds issued under §§
5-3-113
- 5-3-121 shall be issued according to any other public or private act relating to the absorbing county; provided, that those acts are not in conflict with §§
5-3-113
- 5-3-121.
Acts 1939, ch. 225, § 3; C. Supp. 1950, § 136.12 (Williams, §136.14); T.C.A. (orig. ed.), § 5-315.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 3 - CONSOLIDATION OF COUNTIES (§§ 5-3-101 — 5-3-125) › Section 5-3-116 - Debt reorganization - Bond interest and maturity

According to the debt reorganization plan, approved by the state consolidation committee, the governing body shall by resolution determine the rate or rates of interest to be paid on the bonds, not exceeding six percent (6%) per annum, and the time or times of payment of such interest, and the maturity or maturities of the bonds, which shall be at a time or times not exceeding twenty (20) years from the date of the bonds, in the case of funding bonds, and not exceeding thirty (30) years from the date of the bonds, in the case of refunding bonds; provided, that with the approval of the state consolidation committee, funding bonds may be made to mature at any time or times not exceeding thirty (30) years from the date of the bonds, and refunding bonds may be made to mature at any time or times not exceeding forty (40) years from the date of the bonds.
Acts 1939, ch. 225, § 4; C. Supp. 1950, § 136.13 (Williams, §136.15); T.C.A. (orig. ed.), § 5-316.