2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 212 - HAZARDOUS WASTE MANAGEMENT (§§ 68-212-101 — 68-212-509) › Part 5 - PROPERTY WHERE METHAMPHETAMINE MANUFACTURED (§§ 68-212-501 — 68-212-509) › Section 68-212-503 - Quarantine of property

(a)
The purpose of the quarantine provided for in this section is to prevent exposure of any person to the hazards associated with methamphetamine and the chemicals associated with the manufacture of methamphetamine.
(b)
Any property, or any structure or room in any structure on any property wherein the manufacture of a controlled substance listed in §
39-17-408(d)(2)
is occurring or has occurred, may be quarantined by the local law enforcement agency where such property is located. The law enforcement agency which quarantines the property shall be responsible for posting signs indicating that the property has been quarantined and, to the extent they can be reasonably identified, for notifying all parties having any right, title or interest in the quarantined property, including any lienholders.
(c)
(1)
Any person who has an interest in property quarantined pursuant to this section may file a petition in the general sessions, criminal, circuit or chancery court of the county in which the property is located. Such a petition shall be for the purpose of requesting that the court order the quarantine of such property be lifted for one (1) of the following reasons:
(A)
That the property was wrongfully quarantined; or
(B)
That the property has been properly cleaned, all hazardous materials removed and that it is now safe for human use but the law enforcement agency who imposed the quarantine refuses to lift it.
(2)
The court shall take such proof as it deems necessary to rule upon a petition filed pursuant to this section and, after hearing such proof, may grant the petition and lift the quarantine or deny the petition and keep the quarantine in place.
(d)
(1)
It is an offense for any person, other than one carrying out the purposes of this part, knowingly to inhabit quarantined property; to enter onto quarantined property without federal, state, county or municipal government authorization; to offer such property to the public for temporary or indefinite habitation; or to remove any signs or notices of the quarantine.
(2)
A violation of this subsection (d) is a Class B misdemeanor.
(e)
(1)
As used in this subsection (e):
(A)
"Person" means a landlord, owner, manager, caretaker, agent of the owner or employee; and
(B)
"Property":
(i)
Means real property and any building, structure, or room located on such property on or in which a person performs compensated labor or is employed to or has a duty or responsibility to care for or manage; and
(ii)
Does not include property:
(a)
(1)
Which the person owns; or
(2)
On which the person has a mortgage or other form of indebtedness to own;
(b)
On which the person resides; and
(c)
From which the person receives no compensation in the form of rent, lease payments, or otherwise in exchange for allowing another person to temporarily reside on the property.
(2)
It is an offense for a person who knows, or reasonably should know, that a controlled substance listed in §
39-17-408(d)(2)
has been manufactured or is being manufactured in or on any property to intentionally fail to notify the appropriate law enforcement agency within twenty-four (24) hours of acquiring such knowledge.
(3)
A violation of this section is a Class B misdemeanor.
Amended by 2014 Tenn. Acts, ch. 640, s 1, eff. 7/1/2014.
Acts 2004, ch. 855, § 4; 2005, ch. 18, §§ 6, 7; 2010 , ch. 899, § 1.