reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-108 - Location of first of two lines

If, in determining any controversy over routes, it shall appear to the court that the second company, in good faith, intends to and probably will construct its road, the first line constructed shall be located, if practicable, so as not to make it unreasonably expensive to construct the other one.
Acts 1899, ch. 399, § 1; Shan., § 1880a3; Code 1932, § 3148; T.C.A. (orig. ed.), § 65-608.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-109 - Right-of-way authorized

The corporation shall have the right, in pursuance of the general law authorizing the condemnation of private property for works of internal improvement, to appropriate as an easement a right-of-way, not exceeding two hundred feet (200'), over the land of any person through which the line of the track may be located.
Acts 1875, ch. 142, § 6; Shan., § 2413; Code 1932, § 4003; T.C.A. (orig. ed.), § 65-609.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-110 - Monopolizing right-of-way prohibited - Condemnation as in other cases

No railroad company, whose railroad may be built in this state, has the right to hold, to the exclusion of other railroads to be built, by purchase or condemnation for its right-of-way, a wider strip of land than shall be necessary for its reasonable use in the transaction of its business; and any land owned, or right-of-way held, or acquired, by any such railroad company, which a jury of inquiry in condemnation proceedings shall find necessary for such reasonable use and business of the company, may be condemned for the use of other railroads thereafter to be built, in like manner as other private property.
Acts 1899, ch. 399, § 1; Shan., § 1880a1; mod. Code 1932, § 3146; T.C.A. (orig. ed.), § 65-610.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-111 - Joint right-of-way or joint use of track

(a)
In case any railroad company has acquired or owns a right-of-way over which its road is not already built, through or along any narrow pass, cliff, or gorge, where it may be unreasonably expensive or impracticable to put down more than one (1) track or line of railroad, any other railroad company, in good faith, desiring to build its line of road through or along the same narrow pass, cliff, or gorge, shall have the right to condemn a joint use of the right-of-way through or along the same, and, if after any railroad to be constructed through or along the same shall already have been constructed, any other railroad so desiring to build through or along such narrow pass, gorge, or cliff shall have the right to condemn a joint use of so much of the track as may be necessary, in like manner as railroads have the right to cross each other.
(b)
Reasonable compensation shall be paid to the railroad company owning such right-of-way, or to the one whose right-of-way, or right-of-way and track, may be so condemned for such joint use with the other road, for its property and improvements and injury to its business, if any, which compensation, together with such reasonable restrictions as the jury of inquiry may prescribe at the expense of the second road for safely using such joint track, shall be fixed by the jury as in other cases of assessment of damages in the condemnation of private property.
Acts 1899, ch. 399, § 2; Shan., §§ 1880a4, 1880a5; Code 1932, §§ 3149, 3150; T.C.A. (orig. ed.), §§ 65-611, 65-612.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-112 - Existing rights-of-way unaffected

Nothing contained in §
65-6-107
, §
65-6-108
, §
65-6-110
, or §
65-6-111
, shall be construed to affect any rights railroad companies, whose roads are already constructed and being operated, may have in respect to rights-of-way over which railroads are already being operated, it being the intention of such sections not, in any manner, to add to or take from such rights as they may have in those rights-of-way, but to apply only to roads or extensions or branch roads to be built.
Acts 1899, ch. 399, § 2; Shan., § 1880a6; Code 1932, § 3151; T.C.A. (orig. ed.), § 65-613.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-113 - Right-of-way at state line

When any railroad of another state shall intersect the line of the state of Tennessee, at a point within five (5) miles of any railroad in this state, such road of other states is granted the right-of-way from such point of intersection to any point on the line of road in this state; provided, that such point of connection between the roads shall not be more than five (5) miles distant from the state line, and the same shall be subject to all laws of the state in reference to the right-of-way.
Acts 1871, ch. 55, § 1; Shan., § 1488; Code 1932, § 2570; T.C.A. (orig. ed.), § 65-614.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-114 - Rights of foreign companies

(a)
Any railroad corporation created by the laws of any other state shall be empowered to extend its railroad into this state a distance not exceeding five (5) miles from the point of its entrance into this state, for the purpose of reaching a terminal point, or a general or a union depot in, or in the vicinity of, any city, town, or village in this state.
(b)
Such corporations may acquire the right-of-way for their railroads from the line of this state to their terminal points or depots in this state by purchase or by gift or by condemnation.
(c)
Such corporations shall have the power to purchase, hold, use, and enjoy all real estate necessary for the erection and maintenance of their depots, shops, yards, sidetracks, turnouts, and switches, both along the route and at their terminal points in this state; provided, that they shall first apply for and receive a charter in this state.
Acts 1887, ch. 160, §§ 1-3; Shan., §§ 1874-1876; Code 1932, §§ 3139-3141; T.C.A. (orig. ed.), §§ 65-615 -- 65-617.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-115 - Gauge of road

Any railroad corporation, whose line is located wholly or partly in the state, may adopt such gauge or gauges as its authorities may choose, and may alter the same at pleasure.
Acts 1885, ch. 20, § 1; Shan., § 2414; Code 1932, § 4004; T.C.A. (orig. ed.), § 65-618.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-116 - Change of terminus before final location

Any railroad company may, by resolution of its board of directors, change either terminus of its line of railroad at any time before the final location of the same. This resolution shall be certified by the president and secretary of the company, under its corporate seal, and filed and registered as an amendment of its charter.
Acts 1887, ch. 39, §§ 1, 2; Shan., § 2415; mod. Code 1932, § 4005; T.C.A. (orig. ed.), § 65-619.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-117 - Power to relocate lines

Any railroad company owning or operating a railroad or any part thereof in this state, whether chartered under the laws of this state or under the laws of any other state or states, is empowered to relocate or change its lines or tracks, to build second main or double tracks, relocate any part or parts of its lines for the purpose of reducing or taking out curves or reducing grades, and to build embankments for the purpose of avoiding trestles upon which the railroad may be constructed, or to widen cuts when necessary for proper construction; provided, that where there is a relocation of any part of a road and any industry located upon the original road, the railroad shall keep and maintain a spur or sidetrack to such industry; and where any landowner or the heir or devisee or successor in title by conveyance or otherwise of any landowner who donated the original right of way, or who parted with the easement upon or title to the same in any other manner than by voluntary sale for a full cash consideration, shall be injured by such relocation, the railroad company shall be liable therefor; provided, that under this section and §§
65-6-118
,
65-6-123
,
65-6-129
and
65-6-131
, no railroad shall be authorized to change the location of its line or lines within any incorporated towns, or cities, except by consent of the governing authorities of such incorporated towns or cities.
Acts 1907, ch. 464, § 1; Shan., § 1880a9; mod. Code 1932, § 3154; T.C.A. (orig. ed.), § 65-620.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-118 - Acquisition of real estate for relocation of lines

For the purposes mentioned in §
65-6-117
, authority is granted to such railroad companies to acquire by purchase, and to hold such real estate as may be necessary.
Acts 1907, ch. 464, § 2; Shan., § 1880a10; mod. Code 1932, § 3155; T.C.A. (orig. ed.), § 65-621.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-119 - Construction and maintenance of roadbeds

Any railroad company owning or operating a railroad or any part thereof in this state, whether chartered under the laws of this state or under the laws of any other state or states, is empowered to fill its trestles and to make all creek changes necessary for the same; to construct channels and canals contiguous to its rights of way so as to prevent the unnecessary crossing of creeks and to make such other changes in the beds of creeks as may be necessary for the proper construction and maintenance of its roadbeds; provided, that where any property owner is damaged by such change in a creek, such landowners shall be entitled to just compensation for the same.
Acts 1911, ch. 55, § 1; Shan., § 1490a1; Code 1932, § 2576; T.C.A. (orig. ed.), § 65-622.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-120 - Construction of railroad on county highways

It is unlawful for any corporation or person to construct or use an ordinary railroad for the transportation of freight and passengers upon any county road or county highway of this state, without the consent of the county legislative body of the county in which the road lies. Before it is lawful for the county legislative body to give such consent, the corporation desiring to construct such railroad shall procure and file with the county legislative body the written consent of the owners of the lands abutting upon such road or highway, aggregating in such abutting length at least one-half (1/2) of all the lands in value, such value to be the value of the abutting lands running back from such road two hundred feet (200') upon both sides of the road to be occupied by the railroad. Any ordinary railroad constructed upon such county road or highway, without the consent of the county legislative body first lawfully obtained, shall be considered a nuisance, and liable to be treated as such, both by the public authorities and by private persons. But when the consent of the county legislative body has been first lawfully obtained, such railroad may be lawfully constructed and operated upon such road or highway under such restrictions as to the manner of construction and mode of use as the county legislative body may see fit to impose in granting the license; provided, that railroads already constructed upon any road or highway of this state under a license of the county legislative body are declared to be lawfully constructed, and this section shall not be construed as requiring a new license from the county legislative body for such construction or operation under its provisions.
Acts 1889, ch. 226, § 1; Shan., § 1879; Code 1932, § 3144; impl. am. Acts 1978 ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-631.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-121 - Compensation for damages from construction on county highway

Section
65-6-120
shall not be construed so as to prevent the owners of land abutting upon such road from obtaining due compensation for damages arising from the construction of such railroad, such damages to be just compensation for all property taken, injured, or damaged by the building or operations of the railroad, such damages to be ascertained and paid before the right to appropriate the property to be occupied shall accrue, as provided by law.
Acts 1889, ch. 226, § 2; Shan., § 1880; Code 1932, § 3145; T.C.A. (orig. ed.), § 65-632.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-122 - Tracks not to obstruct travel on highways, streets, and alleys

The line or track of the road shall be so constructed as not to interfere with the convenient travel of the public along the highways, county roads, streets, and alleys of cities, towns, and villages, and so as to allow vehicles conveniently and safely to pass over or under the line or track, and so as not to interrupt travel on foot or horseback, or in vehicles of any kind, in the proper use of the public road, street, or alley in the usual and proper mode for their convenience.
Acts 1875, ch. 142, § 6; Shan., § 2417; mod. Code 1932, § 4006; T.C.A. (orig. ed.), § 65-633.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-123 - Condemnation of property to provide water for trains

Any railroad corporation owning or operating a railroad or any part thereof in this state, whether chartered under the laws of this state or under the laws of any other state or states, is empowered to condemn property for a site for a reservoir or tank; also, the use of the water from any running stream, and also a way along which to lay pipeline or lines to convey water to its reservoir or tanks, whenever the same or any of them may be needed for the purpose of such railroad. The powers conferred in this section shall be exercised only for the erecting and maintaining of tanks and reservoirs for the purpose of operating trains. This section does not apply to springs or private ponds.
Acts 1907, ch. 254, § 1; Shan., § 1880a8; mod. Code 1932, § 3153; T.C.A. (orig. ed.), § 65-634.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-124 - Damage to forest growth in construction of railroads

For all damages caused to forest growth by any person or construction company employed in the construction of any railroad to be built in this state, the person shall be primarily liable for the damage arising from such construction.
Acts 1907, ch. 397, § 13; Shan., § 2883a75b15 (p. 7226); Code 1932, § 5243; T.C.A. (orig. ed.), § 65-635.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-125 - Right to build branch roads

Any railway corporation chartered under the general laws of the state, which may desire to build a branch road or branch roads from its main stem, shall have the right to do so by amendment of its charter.
Acts 1889, ch. 158, § 1; Shan., § 2426; mod. Code 1932, § 4011; T.C.A. (orig. ed.), § 65-636.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-126 - Branch lines for industrial purposes

Any railroad company operating a railroad, or any part of same, in this state, shall have power to build or acquire lateral or branch lines of railroad, not to exceed fifteen (15) miles in length, for any one (1) of such lateral or branch roads, extending from its main stem in the state to any mine or quarry, or into any mineral section of country tributary to such main stem, or to any mill, factory, or to the bank of any navigable stream, for the purpose of developing the resources of the country without any amendment to the charter of the railroad. Such railroads shall have power to condemn private property for use in the construction and operation of such lateral or branch roads; provided, that private property shall not be taken therefor, against the owner's will, without condemnation thereof, as provided by law in other cases, and such roads shall be, as common carriers, subject to the same duties and restrictions as the main lines with which they connect.
Acts 1895, ch. 152, § 1; 1899, ch. 259, § 1; 1903, ch. 210, § 1; Shan., §§ 1489, 1872a1; mod. Code 1932, §§ 2571, 3137; modified; T.C.A. (orig. ed.), § 65-637.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-127 - Power to build or extend lines and facilities

Any railroad company owning or operating any railroad or any part thereof in the state, whether chartered under the laws of this state or under the laws of any other state or states, is empowered to build cut-off lines, branch lines, and other lines for the purpose of the better and more expeditious handling of the public business in the transportation of freight and passengers, and to construct, build, or extend any main line, branch line, or other line into, and to serve, other and different territory, and to build second main or double tracks, turnouts, switches, spur tracks, side-tracks, stations, depots, and terminal facilities.
Acts 1911, ch. 70, § 1; Shan., § 1489a1; Code 1932, § 2572; T.C.A. (orig. ed.), § 65-638.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-128 - Acquisition of land by purchase or condemnation

For the purposes mentioned in §§
65-6-119
and
65-6-127
, power is granted to such railroad company to acquire by purchase and to hold such real estate as may be necessary or proper, and to acquire such real estate as may be necessary or proper for such purposes, by condemnation of private property for works of internal improvement as set forth in §§
29-16-104
- 29-16-124, 29-16-202 and 29-16-203.
Amended by 2014 Tenn. Acts, ch. 927,s 12, eff. 5/16/2014.
Acts 1911, ch. 55, § 2; 1911, ch. 70, § 2; Shan., §§ 1489a2, 1490a2; Code 1932, §§ 2573, 2577; T.C.A. (orig. ed.), § 65-639.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-129 - Powers in addition to those existing under charters

The powers conferred by §§
65-6-117
- 65-6-119, 65-6-127 and 65-6-128 are in addition to the powers which railroad companies have by virtue of their charters or by virtue of the general laws of the state.
Acts 1907, ch. 464, § 3; 1911, ch. 55, § 3; 1911, ch. 70, § 3; Shan., §§ 1489a3, 1490a3; 1880a11; Code 1932, §§ 2574, 2578, 3156; modified; T.C.A. (orig. ed.), § 65-640.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-130 - Acquisition of branches and extensions

All railroad companies existing under the laws of this state, or of this state and any other state or states, whose charter of incorporation is granted by this state, are empowered to acquire the line or lines of any other railroad company, either in this state or any other state or states, which may connect with and form parts or branches or extensions of the line of such company chartered by this state, or by this state and any other state or states; and are empowered to so acquire such branches or extensions by purchase, lease, or otherwise, and pay for the same by the issue of their own capital and bonds, or by guaranteeing those issued by the company whose line may be so acquired, purchased, or leased; but nothing in this section shall be construed to authorize the acquisition in any way by any corporation or company of parallel or competing lines.
Acts 1891, ch. 125, § 1; Shan., § 1521; Code 1932, § 2596; T.C.A. (orig. ed.), § 65-641.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-131 - Consolidation of competing or parallel lines unlawful - Liability for taxes

Nothing in this chapter shall be construed to make it lawful for any railroad corporation to purchase or consolidate with any parallel or competing line of railway, whether constructed or in course of construction, or to exempt railroad companies from paying state, county, or municipal taxes upon such extensions, branches or new lines.
Acts 1889, ch. 158, § 3; 1895, ch. 152, § 2; 1899, ch. 259, § 2; 1899, ch. 399, § 2; 1907, ch. 464, § 4; 1911, ch. 55, § 4; Shan., §§ 1490, 1490a4, 1873, 1880a7, 1880a12, 2428; mod. Code 1932, §§ 2575, 2579, 3138, 3152, 3157, 4012; modified; T.C.A. (orig. ed.), § 65-642.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-132 - Trees to be cut down

(a)
Every company or person operating a railroad in this state shall cut down all trees standing on its lands which are six (6) or more inches in a diameter two feet (2') above the ground and of sufficient height to reach the roadbed if they should fall.
(b)
A failure to comply with subsection (a) will render the company liable for all damages to person or property resulting therefrom; also to a penalty of one hundred dollars ($100), to be recovered on suit brought in the name of any citizen before any tribunal having jurisdiction, half of which shall go to the treasury of the county in which such provisions may have been disregarded, and the other half to the plaintiff.
Acts 1870-1871, ch. 78, §§ 1, 2; Shan., §§ 1584, 1585; mod. Code 1932, §§ 2648, 2649; T.C.A. (orig. ed.), §§ 65-643, 65-644.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-133 - Railroad police officers

(a)
Any company or corporation owning or operating a railroad in this state may apply to the governor to commission such number of its agents, servants or employees as the company shall designate to act as police officers for the company.
(b)
The governor, upon such application, shall appoint such persons as the company designates, or as many thereof as the governor deems proper to be such police officers, and shall give commissions to those appointed.
(c)
Before entering into the performance of police duties, every police officer so appointed shall take and subscribe an oath of office, and enter into a surety bond in the sum of one thousand dollars ($1,000), payable to the state, conditioned for the faithful performance of such duties. Such oath of office and such bond, with a copy of the commission, shall be filed with the secretary of state.
(d)
Each police officer shall have and exercise throughout every county in which the company for which such officer was appointed shall do business, operate, or own property, the power to make arrests for violation of law on the property of such company, and to arrest persons, whether on or off such company's property, violating any law on such company's property, under the same conditions under which deputy sheriffs or other peace officers may by law make arrests, and shall have authority to carry weapons for the reasonable purpose of their offices. The keepers of jails in any county or municipality wherein the violation occurs for which any such arrest is made shall receive all persons arrested by such police officer to be dealt with according to law, and persons so arrested shall be received by keepers of jails on the same basis and shall have the same status as prisoners arrested by any other police officer.
(e)
Every police officer so appointed shall, when on duty, carry a badge or identification card identifying the officer as a member of the police department of such railroad company for or which such officer is appointed, and the officer shall exhibit such badge or identification card, on demand, and before making an arrest.
(f)
The compensation for such police officers shall be paid by the company for which they are respectively appointed.
(g)
When a company no longer requires the services of a police officer so appointed, it shall file a notice to that effect with the secretary of state. Thereupon, the powers of such police officer shall cease and terminate.
(h)
Any person commissioned as a police officer pursuant to this section shall, prior to such commission, receive peace officer standards and training certification.
Acts 1969, ch. 111, §§ 1-7; T.C.A., §§ 65-648 -- 65-654; Acts 2009, ch. 372, § 3.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 1 - GENERAL PROVISIONS (§§ 65-6-101 — 65-6-134) › Section 65-6-134 - Locomotive engineer's operator permit

Every company, association, person or other entity which employs or permits any person to operate a railroad locomotive shall issue to such person an engineer's operator permit. Such permit shall include the engineer's name, address, description, date of birth and a certification that such person is qualified as a locomotive engineer.
Acts 1980, ch. 542, § 2; T.C.A., § 65-655.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 2 - CLEARANCE REQUIREMENTS (§§ 65-6-201 — 65-6-208) › Section 65-6-201 - Minimum clearance requirements

(a)
The minimum clearance requirements for all railroads operating in this state, in the construction or relocation subsequent to April 13, 1949, of tracks, tunnels, bridges, or structures adjacent to tracks, shall be as described in this part, except as otherwise provided.
(b)
No railroad corporation shall operate any cars, trains, motors, engines, or other rolling equipment on its tracks, or tracks of others, except as provided in this part, on which overhead or side clearances, or clearances between tracks, are less than the minimum prescribed in this part, if such tracks, bridges, tunnels or structures adjacent to such track are constructed or relocated subsequent to April 13, 1949.
Acts 1949, ch. 178, § 1; C. Supp. 1950, § 2670.1; T.C.A. (orig. ed.), § 65-623.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 2 - CLEARANCE REQUIREMENTS (§§ 65-6-201 — 65-6-208) › Section 65-6-202 - Part definitions

For the purpose of this part, the following definitions will govern:
(1)
"Height" of a freight car is the distance between the top of the rail and the top of the running board;
(2)
"Overhead clearance" is the vertical distance between the two (2) rails from the level of the top of the highest rail to a structure or obstruction above on tangent track and from the mean level of the two (2) rails on curved track;
(3)
"Side" of a freight car is that part or appurtenance of the car at the maximum distance measured at right angles from the center line of the car;
(4)
"Side clearance" is the shortest distance from the center line of track to a structure or obstruction at the side of track up to a distance of fifteen feet (15') and six inches (6") from the top of the rail; and
(5)
"Width" of a freight car is twice the distance from the center line to the side of a car as defined in this section.
Acts 1949, ch. 178, § 2; C. Supp. 1950, § 2670.2; T.C.A. (orig. ed.), § 65-624.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 2 - CLEARANCE REQUIREMENTS (§§ 65-6-201 — 65-6-208) › Section 65-6-203 - Overhead clearance

(a)
The minimum overhead clearance above railroad tracks which are used or purported to be used for transporting freight cars shall be twenty-two feet (22'). Structures constructed prior to April 13, 1949, may be maintained at such clearance as was lawful at the time of construction.
(b)
The overhead clearance above the top of the rail of such tracks located inside of buildings may be reduced to seventeen feet (17'); provided, that this clearance shall apply only to tracks operating within the buildings; and provided further, that when an overhead clearance of less than twenty-two feet (22') exists on tracks inside such buildings, all cars, trains, motors, engines or equipment shall be brought to a stop before entering such buildings.
Acts 1949, ch. 178, § 3; C. Supp. 1950, § 2670.3; T.C.A. (orig. ed.), § 65-625.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 2 - CLEARANCE REQUIREMENTS (§§ 65-6-201 — 65-6-208) › Section 65-6-204 - Side clearance

The minimum side clearance from center line of standard gauge railroad tracks which are used or purported to be used for transporting freight cars, except as prescribed in this section, shall be as follows:
(1)
All structures and obstructions, except as specifically mentioned in this section, eight feet (8');
(2)
All posts, pipes, crossing signals, and similar obstructions, eight feet (8');
(3)
Platforms eight inches (8") or less above top of rail, four feet (4') and eight inches (8");
(4)
Platforms four feet (4') or less above top of rail, seven feet (7') and six inches (6"), except platforms of railroad freight warehouse stations and freight transfer points, which shall have a clearance of not less than five feet (5') and nine inches (9");
(5)
Platforms more than four feet (4') above top of rail used principally for loading and unloading refrigerator cars, eight feet (8');
(6)
Switch boxes, switch operating mechanisms, and accessories necessary for the control and operation of signals and interlockers, projecting four inches (4") or less above top of rail, three feet (3');
(7)
Low switch stands, dwarf signal stands and derail stands at center line of stand, six and one-half feet (6 1/2');
(8)
All structural parts of railroad bridges shall have clearances which conform to the recommendation of the A.R.E.A. in effect when construction is begun;
(9)
The side clearances specified in this section shall not apply to mail cranes during such times as the arms of such cranes are supporting mail sacks for delivery; provided, that the top arm is not lower than ten feet (10') and eight inches (8") above top of rail and neither arm extends within six feet (6') and five inches (5") from the center line of track;
(10)
Icing platforms, seven feet (7'); and
(11)
All minimum side clearances prescribed in this section are for tangent tracks. All structures adjacent to curve tracks shall have an additional minimum side clearance compensated for the curvature. Structures constructed prior to April 13, 1949, may be maintained at such clearance as was lawful at the time of construction.
Acts 1949, ch. 178, § 4; C. Supp. 1950, § 2670.4; Acts 1951, ch. 144, § 1; T.C.A. (orig. ed.), § 65-626.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 2 - CLEARANCE REQUIREMENTS (§§ 65-6-201 — 65-6-208) › Section 65-6-205 - Minimum distance between track

(a)
The minimum distance between the center lines of parallel standard gauge tracks shall be fourteen feet (14') except as provided in this section.
(b)
The center line of any standard gauge ladder track, constructed parallel to any other adjacent track, shall have a clearance of not less than eighteen feet (18') from the center line of such other track.
(c)
The minimum distance between the center lines of parallel team, house and industry tracks shall be thirteen feet (13').
(d)
Tracks constructed prior to April 13, 1949, may be maintained at such clearance as was lawful at the time of construction.
Acts 1949, ch. 178, § 5; C. Supp. 1950, § 2670.5; T.C.A. (orig. ed.), § 65-627.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 2 - CLEARANCE REQUIREMENTS (§§ 65-6-201 — 65-6-208) › Section 65-6-206 - Clearance of articles stored near tracks

No merchandise, material or other articles shall be placed or permitted to remain either on the ground or on the platforms adjacent to any track at a distance less than eight feet (8') from the center line of track; provided, that this provision does not apply to materials to be used in the repair, replacement or maintenance of the tracks.
Acts 1949, ch. 178, § 6; C. Supp. 1950, § 2670.6; T.C.A. (orig. ed.), § 65-628.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 2 - CLEARANCE REQUIREMENTS (§§ 65-6-201 — 65-6-208) › Section 65-6-207 - Enforcement

The department of transportation is directed to enforce compliance with this part; provided, that the commissioner of transportation or the commissioner's designee shall have the power and the duty to prescribe and authorize a vertical or side clearance less than the minimum required in this part in particular cases when, on application therefor, after notice posted at the railroad station nearest the place affected, and after hearing if requested, the department of transportation may find a reasonable necessity or justification for such action; and provided further, that this part shall not apply to temporary forms, supports, falsework, bracing, etc., used only during and in the construction or repair of any underpass or overpass for a street, road or highway.
Acts 1949, ch. 178, § 7; C. Supp. 1950, § 2670.7; Acts 1953, ch. 179, § 1; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-629; Acts 1995, ch. 305, § 24.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 2 - CLEARANCE REQUIREMENTS (§§ 65-6-201 — 65-6-208) › Section 65-6-208 - Penalty for noncompliance

Any railroad failing or refusing to comply with this part is subject to a penalty of one hundred dollars ($100) for each violation. This penalty shall be enforced and collected as provided by this part. Any judgment rendered for such penalty may also contain an order by the court directing compliance.
Acts 1949, ch. 178, § 8; C. Supp. 1950, § 2670.8; T.C.A. (orig. ed.), § 65-630.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 3 - CATTLE GUARDS (§§ 65-6-301 — 65-6-303) › Section 65-6-301 - Cattle guards on unfenced track

Each railroad company whose unfenced track passes through a field or enclosure is required to place a good and sufficient cattle guard or stops at the points of entering such field or enclosure, and keep the same in good repair.
Acts 1889, ch. 248, § 1; Shan., § 1595; Code 1932, § 2662; T.C.A. (orig. ed.), § 65-645.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 3 - CATTLE GUARDS (§§ 65-6-301 — 65-6-303) › Section 65-6-302 - Enlargement of unfenced area

In case a field or enclosure through which unfenced railroad track passes shall be enlarged or extended, or the owner of the land over which such unfenced track passes shall open a field so as to embrace the track of such railroad, such railroad company is required to place good and sufficient cattle guards or stops at the margin of such enclosure or fields, and keep the same in repair; provided, that such owner shall give the nearest or most accessible agent of such company thirty (30) days' notice of such change.
Acts 1889, ch. 248, § 2; Shan., § 1596; Code 1932, § 2663; T.C.A. (orig. ed.), § 65-646.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 6 - RAILROADS - POWERS - CONSTRUCTION AND MAINTENANCE (§§ 65-6-101 — 65-6-303) › Part 3 - CATTLE GUARDS (§§ 65-6-301 — 65-6-303) › Section 65-6-303 - Penalty for noncompliance

Any railroad company neglecting or refusing to comply with this part shall be liable for all damages sustained by anyone by reason of such neglect or refusal; and, in order for the injured party to recover all damages such person sustained, it shall be only necessary for such person to prove such neglect or refusal, and the amount of such damages; provided, that such company shall not be liable if it shall be shown that the opening of such field was made capriciously and with intent to annoy and molest such company.
Acts 1889, ch. 248, § 3; Shan., § 1597; Code 1932, § 2664; T.C.A. (orig. ed.), § 65-647.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 7 - SUBSCRIPTION TO RAILROAD STOCK BY COUNTIES AND MUNICIPALITIES (§§ 65-7-101 — 65-7-116) › Section 65-7-101 - Power of locality to become stockholder

Any county, incorporated city, or town may become a stockholder in any railroad company incorporated under the general laws of this state, to an amount not exceeding, in the aggregate, one-tenth (
1
/
10
) of its taxable property, by complying with the requirements of this chapter.
Acts 1887, ch. 3, § 1; Shan., § 1558; Code 1932, § 2612; T.C.A. (orig. ed.), § 65-701.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 7 - SUBSCRIPTION TO RAILROAD STOCK BY COUNTIES AND MUNICIPALITIES (§§ 65-7-101 — 65-7-116) › Section 65-7-102 - Right to subscribe to stock

No county, incorporated city, or town shall subscribe to the capital stock of any railroad company under this chapter unless its railroad runs through the county or within one (1) mile of the incorporated city or town making the subscription; provided, that any county within which the railroad or any of its branches terminates may subscribe under this chapter.
Acts 1887, ch. 3, § 2; Shan., § 1559; Code 1932, § 2613; T.C.A. (orig. ed.), § 65-702.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 7 - SUBSCRIPTION TO RAILROAD STOCK BY COUNTIES AND MUNICIPALITIES (§§ 65-7-101 — 65-7-116) › Section 65-7-103 - Conditions precedent to subscription

(a)
Before any county makes any subscription under this chapter, the president, or other authorized officer or agent of the railroad company, shall submit to the county mayor an application in the name of the company, setting forth the proposed termini of its railroad, the amount of the subscription asked for, the time within which its road will be constructed through the county, and that the application is made under this chapter, and the same shall be accompanied by a plan or map, certified by the chief engineer of the company, showing the general direction and line of its railroad in the county.
(b)
Before an incorporated city or town shall make any subscription under this chapter, such application must be submitted to its mayor or chief executive officer, showing the proposed termini of its railroad, accompanied with the declaration, on the part of the company, that it will locate and construct its railroad within one (1) mile of such incorporated city or town, within such time as shall be fixed in the application.
Acts 1887, ch. 3, § 3; Shan., § 1560; Code 1932, §2614; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 65-703.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 7 - SUBSCRIPTION TO RAILROAD STOCK BY COUNTIES AND MUNICIPALITIES (§§ 65-7-101 — 65-7-116) › Section 65-7-104 - Record of application, plan, and amount - Ordering of election

The county legislative body, or board of mayor and aldermen, or other governing body, as the case may be, shall spread upon its records the application and accompanying plan or map or declaration, and the amount to be voted upon by the people, and shall have full power to order such elections according to the laws regulating elections in this state.
Acts 1887, ch. 3, § 5; Shan., § 1563; Code 1932, §2617; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-704.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 7 - SUBSCRIPTION TO RAILROAD STOCK BY COUNTIES AND MUNICIPALITIES (§§ 65-7-101 — 65-7-116) › Section 65-7-105 - County election on question - Order by legislative body

Upon the presentation of the application, with the accompanying plan or map, as provided in §
65-7-103
, it is made the duty of the county mayor to give ten (10) days' notice to each and every member of the county legislative body of the county mayor's county to assemble at the courthouse of the county, in order to take action on such application. If at such special meeting of the county legislative body a majority of the members in commission shall be of the opinion that an election should be held in the county to determine whether or not the county should make the subscription applied for, the legislative body shall so order.
Acts 1887, ch. 3, § 4; Shan., § 1561; Code 1932, §2615; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 65-705.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 7 - SUBSCRIPTION TO RAILROAD STOCK BY COUNTIES AND MUNICIPALITIES (§§ 65-7-101 — 65-7-116) › Section 65-7-106 - City or town election on question - Order by governing body

In like manner, upon the presentation of the application to the mayor or other chief executive officer of any incorporated city or town, accompanied by a declaration on the part of the company that its line of railroad shall be located and constructed within one (1) mile of such city or town, as provided in §§
65-7-101
- 65-7-105, then it is made the duty of such mayor or chief executive officer to convene the board of mayor and aldermen, or other governing or representative body of such city or town, and submit such application for its consideration. Should a majority of the board of mayor and aldermen, or other governing or representative body of such city or town, be of the opinion that an election should be held in the same to determine whether or not such city or town should make the subscription, it shall so order.
Acts 1887, ch. 3, § 4; Shan., § 1562; Code 1932, § 2616; T.C.A. (orig. ed.), § 65-706.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 7 - SUBSCRIPTION TO RAILROAD STOCK BY COUNTIES AND MUNICIPALITIES (§§ 65-7-101 — 65-7-116) › Section 65-7-107 - Notice of election

The election shall be advertised at least thirty (30) days beforehand, by notice published in a newspaper of the county, if there is one, or if not, posted at the different places of voting, specifying the time it is to be held, for what railroad, and the amount of stock proposed to be taken.
Acts 1887, ch. 3, § 6; Shan., § 1564; Code 1932, § 2618; T.C.A. (orig. ed.), § 65-707.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 7 - SUBSCRIPTION TO RAILROAD STOCK BY COUNTIES AND MUNICIPALITIES (§§ 65-7-101 — 65-7-116) › Section 65-7-108 - Conduct of election - Certificate of result - Validity

The county election commission shall open and hold an election at every voting place established by law in such county, city, or town, and its certificate of the result of the election to the county legislative body, or to the proper authorities of such city or town, shall name, in writing, every established voting place at which an election was opened and held, and every one at which an election was not held. If it shall appear that the election was not opened and held in every voting place, then the election shall be declared null and void, and of no effect, unless it shall be made to appear, to the satisfaction of the county legislative body or city or town authorities, that the officer of elections was present at such voting place on the day and hour required by law, and did endeavor to procure judges and clerks to hold the election, and that the officer of elections was positively unable to do so, and the election at the precinct could not be held for the want of judges and clerks to hold it.
Acts 1887, ch. 3, § 7; impl. am. Acts 1907, ch. 436, § 1; Shan., §1565; Code 1932, § 2619; impl. am. Acts 1972, ch. 740, §7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-708.