Chapter 1
Department of Transportation

Part 1
General Provisions

54-1-101 — 54-1-104. [Repealed.]

Compiler's Notes. Former §§ 54-1-10154-1-104 (Acts 1917, ch. 74, § 6; 1919, ch. 149, §§ 1, 5; 1923, ch. 7, § 34; Shan. Supp., §§ 1720a7b1, 1720a7b5, 1720a7b53, 373a86, 1720a29b22; Code 1932, §§ 309, 3171, 3174, 3211; Acts 1957, ch. 335, § 1; 1959, ch. 325, § 1; 1972, chs. 526, 829, § 7; 1973, ch. 140, § 2; 1974, ch. 419, § 1; T.C.A. (orig. ed.), §§ 54-101, 54-102, 54-111, 54-112), concerning the bureau of highways (now department of transportation) and its director (now commissioner), were repealed by Acts 1981, ch. 264, § 1. For new law, see §§ 4-3-104, 4-3-113, and 4-3-2303.

54-1-105. Duties of commissioner.

  1. The commissioner of transportation shall have charge of all records of the department of transportation, shall keep a book of records of all proceedings and orders pertaining to the business of the department, and shall keep on file copies of all plans, specifications, and estimates prepared by the department.
  2. The commissioner shall:
    1. Cause to be made and kept blueprints and maps showing a general highway plan of the state; the plan to consist of the main traveled roads that will, when improved, show and provide a connected system of improved highways throughout the state;
    2. Collect information and statistics with reference to the mileage, character, and condition of highways and bridges in the counties;
    3. Investigate and determine the method of road construction best adapted to the various sections; and
    4. Establish standards for the construction and maintenance of highways in the counties, giving due regard to topography, natural conditions, availability of road material, prevailing traffic conditions, and ways and means of the counties to meet their portion of the cost of building and maintaining roads under this chapter and chapters 2 and 5 of this title.
  3. The commissioner may at all times be consulted by the county and district officers having authority over highways and bridges and, in like manner, call on the county and district officials for information relative to highways and bridges within their county or district, in order to determine the character and have the general supervision of the construction, repair and maintenance of all roads improved under this chapter and chapters 2 and 5 of this title.

Acts 1919, ch. 149, § 6; impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b6; Code 1932, § 3175; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-113; Acts 1981, ch. 264, § 12.

Cross-References. Duties of commissioner, § 4-3-2303.

NOTES TO DECISIONS

1. Subject Matter Jurisdiction.

Trial court in county in which highway was being built did not have subject matter jurisdiction to hear petition for injunctive relief to direct highway commissioner to perform duties, even though that was where the affected property was located; jurisdiction was proper in the county where highway commissioner had offices. Southwest Williamson County Cmty. Ass'n v. Saltsman, 66 S.W.3d 872, 2001 Tenn. App. LEXIS 641 (Tenn. Ct. App. 2001).

Collateral References. 39 Am. Jur. 2d Highways, Streets, and Bridges § 13 et seq.

39A C.J.S. Highways § 155 et seq.

Highways 90 et seq.

54-1-106 — 54-1-114. [Repealed.]

Compiler's Notes. Former §§ 54-1-10654-1-114 (Acts 1917, ch. 74, § 3; 1919, ch. 149, §§ 3, 4, 14; 1923, ch. 7, § 35; Shan., §§ 1720a29b7-1720a29b11; Shan. Supp., §§ 373a87, 1720a7b3, 1720a7b4, 1720a7b14, 1720a7b42-1720a7b46; Code 1932, §§ 310, 3172, 3173, 3183, 3200-3204; mod. C. Supp. 1950, § 3201; Acts 1961, ch. 207, § 1; T.C.A. (orig. ed.), §§ 54-103, 54-105 — 54-110, 54-114, 54-115), concerning highway bureau (now department of transportation) assistants, engineers, expenses, and depository of records, were repealed by Acts 1981, ch. 264, § 1. For new law, see §§ 4-3-104, 4-3-113, and 4-3-2303.

54-1-115. Status of highway projects — Reports to general assembly.

  1. The department shall furnish to each member of the general assembly on a quarterly basis, beginning March 1, 1970, a report on the status of highway projects in the county or counties that the member represents.
  2. The report shall include, but not be limited to:
    1. A list of road locations and times scheduled for construction within the county or counties;
    2. A status report on the roads under construction, and their scheduled completion date, including notation of any delays or speedups and reasons for delays or speedups;
    3. Any changes in previously announced plans for highways;
    4. Any highway projects under consideration, which report will be furnished only upon request;
    5. Notification of all public hearings on proposed highways; and
    6. Any additional information that the department feels would be helpful to a member of the general assembly becoming better informed on the operation of the department in the area the member represents.

Acts 1970, ch. 485, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-130; Acts 1981, ch. 264, § 12.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

54-1-116, 54-1-117. [Repealed.]

Compiler's Notes. Former §§ 54-1-116 and 54-1-117 (Acts 1917, ch. 74, § 9; Shan., §§ 1720a29b39-1720a29b42; Shan. Supp., §§ 1720a7b70-1720a7b73; Acts 1929 (E.S.), ch. 33, § 1; Code 1932, § 3233; Acts 1951, ch. 47, § 1; 1976, ch. 614, § 2; T.C.A. (orig. ed.), §§ 54-116, 54-123), concerning reports of completed projects and cooperation with highway departments of other states, were repealed by Acts 1981, ch. 264, § 1. For new law, see §§ 4-3-104, 4-3-113, 4-3-2303.

54-1-118. Contracting with University of Tennessee.

The commissioner is authorized and empowered to enter into a contract or contracts with the University of Tennessee regarding:

  1. The development and testing of new materials to be used in constructing and maintaining roads, bridges and highways;
  2. The development of more economical methods of designing, constructing and maintaining roads, bridges and highways; and
  3. The training of personnel in the fundamentals of highway engineering.

Acts 1951, ch. 127, § 1 (Williams, § 3175.1); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-124; Acts 1981, ch. 264, § 12.

54-1-119. Design-build contracts.

    1. Notwithstanding any other law to the contrary, the department may award contracts using a design-build procedure in accordance with this section.
    2. As used in this section, “design-build contract” means an agreement that may include, but is not limited to, design, right-of-way acquisition, or utility relocation, or all of those, along with the construction of a project by a single entity.
  1. Selection criteria for a design-build contract shall include the cost of the project and may include design-build firm qualifications, time of completion, innovation, design and construction quality, design innovation, or other technical or quality related criteria, as determined by the department.
  2. The department is authorized to award a stipulated fee to design-build firms that submit responsive proposals but are not awarded the design-build contract. The department shall not be required to award a stipulated fee, but if it elects to award the fee, the amount of the stipend and the terms under which stipends are to be paid shall be stated in the request for proposals.
  3. The department's authority to use design-build contracting procedures as provided in this section shall be subject to the following limitations:
    1. The department may initiate up to fifteen (15) design-build contracts in any one (1) fiscal year, if the contract has a total estimated contract amount of less than one million dollars ($1,000,000);
    2. The department may not initiate more than five (5) design-build contracts in any one (1) fiscal year, if the contract has a total estimated contract amount in excess of one million dollars ($1,000,000); and
    3. If the proposed design-build contract has a total estimated contract amount in excess of seventy million dollars ($70,000,000), the department shall specifically identify the project as a proposed design-build project in the transportation improvement program submitted annually to the general assembly in support of the commissioner's annual funding recommendations.
  4. The department shall prepare a report on the effectiveness of design-build contracts and submit it to the chairs of the transportation and safety committee of the senate and transportation committee of the house of representatives upon the completion of three (3) design-build contracts that have a total contract amount in excess of one million dollars ($1,000,000).
  5. The department may establish agency policy, or the department may promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or both, in furtherance of this part.

Acts 2007, ch 274 § 1; 2013, ch. 236, § 90.

Compiler's Notes. Former § 54-1-119 (Acts 1951, ch. 127, § 2 (Williams, § 3175.2); 1957, ch. 77, § 1; 1961, ch. 221, § 1; 1970, ch. 401, § 1; T.C.A. (orig. ed.), § 54-125), concerning expenditures authorized for testing new materials or developing methods for designing, constructing and maintaining roads, bridges and highways, was repealed by Acts 1985, ch. 156, § 1.

Amendments. The 2013 amendment substituted “the chairs of the transportation and safety committee of the senate and transportation committee of the house of representatives” for “the chairs of the transportation committees of the senate and house of representatives” in the middle of (e).

Effective Dates. Acts 2013, ch. 236, § 94. April 19, 2013.

54-1-120 — 54-1-123. [Repealed.]

Compiler's Notes. Former §§ 54-1-12054-1-123 (Acts 1929, ch. 102, §§ 1-4; Code 1932, §§ 3238-3241; T.C.A. (orig. ed.), §§ 54-126 — 54-129), concerning the acquisition of realty and erection of structures, were repealed by Acts 1981, ch. 264, § 1. For present provisions, see §§ 4-3-2303, title 4, ch. 15, 12-1-10612-1-108.

54-1-124. Funds for contracts with disadvantaged business concerns or enterprises.

  1. As used in this section, “disadvantaged business concern or enterprise” includes, but is not limited to, a business concern or enterprise that is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who personally manages and controls the daily operations of the business concern or enterprise and who is impeded from normal entry into the economic mainstream because of:
    1. A disability as defined in § 4-26-102; or
    2. Past practices of racial discrimination against African-Americans.
  2. The commissioner of transportation is authorized to set aside an amount not to exceed ten percent (10%) of certain funds appropriated by congress for use by the department of transportation to contract with disadvantaged business concerns or enterprises.
  3. This section shall be automatically repealed upon the expiration of the federal law appropriating the funds.

Acts 1984, ch. 737, §§ 1, 2; 1987, ch. 277, § 1; 1993, ch. 488, § 5; 1994, ch. 767, § 3; 1994, ch. 981, § 3.

Cross-References. Enhanced policymaking role for minority business, § 4-3-2305.

54-1-125. [Repealed.]

Acts 1990, ch. 1061, §§ 1-3; repealed by Acts 2013, ch. 308, § 23, effective July 1, 2013.

Compiler's Notes. Former § 54-1-125 concerned the wildflower preservation and propagation pilot project.

54-1-126. Responsibility for maintenance of public roads, streets, highways or bridges.

  1. The department of transportation is responsible for the maintenance of only those public roads, streets, highways or bridges and similar structures that are designated by the department as being on the state system of highways or the state system of interstate highways.
  2. The department shall enter into a written contract with each city, county, or metropolitan government before undertaking any work or providing any funds for work with respect to public roads, streets, highways or bridges and similar structures within their boundaries, other than those designated by the department as being on the state system of highways or the state interstate system of highways. These contracts shall include a provision that the city, county or metropolitan government is solely responsible for all maintenance of the completed work. The contract shall not be valid in the absence of the maintenance provision.
  3. The department of transportation is responsible for maintenance of public roads and bridges within the boundaries of parks, as defined by § 11-3-101, administered by the department of environment and conservation, as follows:
    1. Maintenance work undertaken by the department of transportation shall be limited to the following items as necessary to maintain the roadway:
      1. Resurfacing and repair of the travel lanes and shoulders;
      2. Repair and cleaning of drainage structures;
      3. Repair of bridges and abutments;
      4. Repair of retaining walls and tunnels; and
      5. Replacement or repair of traffic control devices installed in accordance with the Manual on Uniform Traffic Control Devices, including regulatory and warning signs and pavement markings;
    2. Maintenance of the public roadway rights-of-way, including mowing and litter removal, as well as maintenance of golf cart paths, greenways, trails, parking lots, driveways, restricted access service roads, and any similar facilities shall remain the responsibility of the department of environment and conservation. The department of transportation may perform any of this maintenance work on behalf of the department of environment and conservation in accordance with an interagency agreement; provided, that the agreement shall require the department of transportation to be reimbursed for the cost of performing the work;
    3. In coordination with the department of environment and conservation, the department of transportation shall develop and maintain an inventory of public roads and bridges within each state park that are eligible for maintenance by the department of transportation under this subsection (c) and shall develop a program to prioritize maintenance needs. The department may enter into a written agreement with the department of environment and conservation related to such maintenance work;
    4. The department of transportation is authorized to use state highway funds, established in chapter 2, part 1 of this title, to fund the maintenance work authorized in this subsection (c), in accordance with normal budget procedures; and
    5. The department of transportation may enter into agreements with the counties or municipalities in which the state park is located to perform maintenance work on public roads within state parks, and the department may use state highway funds to reimburse the counties or municipalities for the costs of performing such maintenance work.

Acts 1991, ch. 133, §§ 1, 2; 2017, ch. 425, § 1.

Amendments. The 2017 amendment added (c).

Effective Dates. Acts 2017, ch. 425, § 5. July 1, 2017.

Cross-References. Negligence concerning planning, construction and maintenance of public roads, bridges, etc. in state highway systems, § 9-8-307.

Attorney General Opinions. Neither the Department of Transportation nor any other agency of state or local government has express authority to grant a citizen permission to erect a cross or similar memorial upon a right-of-way of a state or interstate highway, but the Department does have authority to remove and dispose of crosses and similar memorials, that have been erected or placed upon the right-of-way of a state or interstate highway, OAG 05-016 (2/03/05).

54-1-127. Installation of natural gas line via bridge attachment.

The commissioner of transportation has the authority to approve, for economic development purposes, installation of a natural gas line via bridge attachment.

Acts 1992, ch. 897, § 2.

54-1-128. Borrow excavations — Exemption of certain road work construction from local and regional zoning and planning regulations.

  1. For purposes of this section, “borrow material” or “borrow excavation” is as defined in the Tennessee department of transportation, bureau of highways, standard specifications for road and bridge construction, March 1981, as amended.
    1. No local or regional zoning and planning regulations regarding the area from which borrow material is obtained shall apply to road work construction projects for construction work performed under a contract entered into with the state; provided, that the borrow pit from which the material is obtained:
      1. Is temporary, and the use of the pit does not exceed the completion date of the state project;
      2. Meets all storm water runoff requirements;
      3. Meets the requirements of the federal Clean Water Act and the federal Water Pollution Control Act, compiled in 33 U.S.C. § 1251, et seq.;
      4. Has a reclamation plan approved by the municipality or county in which the project is located; provided, that if a proposed reclamation plan is not approved within thirty (30) days after it is filed with the appropriate county or municipal officer by the operator of the borrow excavation, then the operator may begin work pending plan approval;
      5. Is not located on a street or road currently operating below level of service “C,” or is located on a street or road that would be reduced below level of service “C” by traffic generated by the borrow site operation; and
      6. In all other ways meets the requirements of the state contract governing the section of road where the borrow material is to be used.
    2. The borrow material shall not be used for any other purpose.
  2. Local governments may require surety that affected streets and roads will be restored to their original condition.
  3. Reclamation of the borrow pit shall be completed before final acceptance of the project.

Acts 1993, ch. 79, § 1; 1994, ch. 714, § 1.

54-1-129. Informational signs.

  1. Notwithstanding any law to the contrary, it is the duty of the department of transportation to erect and maintain informational signs at sites and facilities that serve the educational, historical and cultural interests of the citizens of the state, including the erection and maintenance of the signs along the various highways of Tennessee for radio stations that regularly broadcast public service information regarding weather conditions, travel and road conditions and/or tourism-related sites and facilities in their respective areas. In order to be eligible for the highway signage, radio stations shall demonstrate that no less than one fourth (¼) of their total broadcast programming consists of public service information regarding weather conditions, travel and road conditions and/or tourism-related sites and facilities in their respective areas, and that the public service information is broadcast regularly at intervals of no greater than thirty (30) minutes during the period of time the radio station is on the air.
  2. The department shall promulgate rules and regulations, within the specific parameters of subsection (a), to establish eligibility standards for the erection of highway signs for radio stations broadcasting public service information.
  3. Erection of the informational signs shall be within the guidelines prescribed by the Manual on Uniform Traffic Control Devices.
  4. This section shall become operative only if the federal highway administrator advises the commissioner of transportation in writing that this section shall not render Tennessee in violation of federal laws and regulations and subject to penalties prescribed in the federal laws and regulations.

Acts 1995, ch. 108, §§ 1-4.

54-1-130. Allowable overhead, costs and rates for design and consultant contracts.

In order to promote engineering and design quality and to ensure the maximum benefits of competition by professional engineering and design service firms, the commissioner of transportation is authorized to establish cost principles to be used to determine the reasonableness and allowability of various costs, including overhead rates, salary limits, allowable expense reimbursements and other costs the commissioner may deem necessary to regulate as they are applicable to design and consultant contracts. The overhead rates for professional engineering and design service firms shall not exceed one hundred forty-five percent (145%) of the consultant's direct labor costs. Nothing in this section shall be construed to require competitive bidding of design and consultant contracts.

Acts 1996, ch. 1002, § 1.

54-1-131. Web page.

  1. The department of transportation shall develop and maintain a web page on the world wide web of the Internet. The web page shall include:
    1. Construction locations on all interstate highways maintained by the department; and
    2. A map, updated weekly, of construction locations and areas of possible delay.
  2. The department is authorized to include additional information on the web page as deemed necessary by the department to provide and promote safe and efficient use of the state system of highways and the state system of interstate highways.

Acts 1999, ch. 318, § 1.

54-1-132. Criminal history background checks for applicants — Authorization.

The commissioner is authorized to seek criminal history background checks pursuant to § 38-6-109 for applicants for the job classes of highway response operator 1 and 2 and highway response supervisor 1 and 2. The commissioner is further authorized to require the applicants to provide fingerprint samples to the Tennessee bureau of investigation and the federal bureau of investigation for the purpose of conducting a criminal history background check.

Acts 2002, ch. 739, § 1.

54-1-133. Funding for signing and marking memorial highways and bridges.

  1. The department, subject to appropriation by the general assembly, shall fund from resources in the highway fund the cost of signage and marking of an interstate, United States highway, or state highway designated as a memorial highway or memorial bridge for any of the following individuals killed in the line of duty:
    1. A member of the military, including the reserves and national guard; or
    2. Any state or local public safety official, including, but not limited to, members of the highway patrol, county law enforcement officials, local police officers, firefighters, whether paid or volunteer, and emergency medical personnel.
  2. The department of transportation, subject to appropriation by the general assembly, shall fund from resources in the highway fund the cost of signage and markers installed on a conventional state highway under the DUI memorial signing program pursuant to § 54-5-1003.

Acts 2002, ch. 790, § 5; 2013, ch. 308, § 1; 2016, ch. 1039, § 3.

Compiler's Notes. This section was originally enacted as § 54-1-132. It was redesignated as this section, due to multiple enactments at § 54-1-132.

The provisions of Acts 2002, ch. 792, § 5, concerning funding for signing and marking memorial highways, appear to conflict with the provisions of Acts 2002, ch. 790, § 5 codified here.

Acts 2016, ch. 1039, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Tyler Head Law”.

Acts 2016, ch. 1039, § 4 provided that the department of transportation is urged to install as soon as reasonably practicable a memorial sign pursuant to this act to honor the memory of Tyler Head, the namesake of this act and twenty-year old college student, who tragically passed away at the scene of a violent head-on collision on February 3, 2012, in which the other driver had been under the influence of alcohol; provided, that all of the requirements of this act have been met.

Amendments. The 2013 amendment inserted “, subject to appropriation by the general assembly,” in the introductory paragraph.

The 2016 amendment added (b).

Effective Dates. Acts 2013, ch. 308, § 46. July 1, 2013.

Acts 2016, ch. 1039, § 5. July 1, 2016.

Attorney General Opinions. T.C.A. § 54-1-133 does not constitute a standing general appropriation of funds for the cost of signage and marking of an interstate, U.S. highway, or state highway designated as a memorial highway or memorial bridge for a member of the military or a public safety official killed in the line of duty, OAG 04-093 (5/18/04).

54-1-134. Vandalism of state highway structures.

    1. As used in this subsection (a), “state highway structure” includes any state highway facility; building; bridge; overpass; tunnel; barricade; fence; wall; traffic control device; right-of-way; sign or marker of any nature whatsoever erected upon or maintained within or adjacent to a state highway or the state highway right-of-way by any authorized source or under the authority of the department; and letters or figures of any nature whatsoever on any sign, marker, barricade or fence.
    2. It is an offense for any person who is not authorized to construct or repair a state highway structure to knowingly carve upon, write, paint or otherwise mark upon, deface, rearrange, or alter any state highway structure.
    3. It is an offense for any person who is not authorized to construct or repair a state highway structure to knowingly, in any manner, destroy, damage, knock down, mutilate, mar, steal or remove any state highway structure.
    4. A violation of subdivision (a)(2) or (a)(3) is a Class A misdemeanor.
    5. Whenever any state highway structure described in this subsection (a) is damaged knowingly or negligently by any person, firm or corporation, the person, firm or corporation shall be liable for the damage to the state highway structure, to be recovered by a civil action in the name of the state. The civil action shall be instituted by the attorney general and reporter, whose duty it shall be to represent the state in the action.
    1. Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for a violation of this section shall receive a reward of two hundred fifty dollars ($250). The county where the conviction occurs shall provide the reward money from the proceeds of the fines collected under this section.
    2. The proceeds from the fines imposed for violations of this section shall be collected by the respective court clerks and then deposited in a dedicated county fund. The fund shall not revert to the county general fund at the end of a fiscal year but shall remain for the vandalism enforcement rewards established in subdivision (b)(1).
    3. Each county shall expend the funds generated by the fines provided for in this section by appropriation for the vandalism enforcement rewards. Excess funds, if any, may be expended for litter control programs on adoption of an appropriate resolution by the county legislative body.

Acts 2004, ch. 514, § 1; 2013, ch. 472, § 1.

Amendments. The 2013 amendment rewrote (a) which read: “(a)(1) It is an offense for any person who is not authorized to construct or repair a highway structure to knowingly carve upon, write, paint or otherwise mark upon, or in any manner destroy, mutilate, deface, mar, steal or remove any highway bridge, overpass, tunnel, fence, wall, traffic control device, sign or other public highway structure or building.“(2) A violation of subdivision (a)(1) is a Class A misdemeanor.”

Effective Dates. Acts 2013, ch. 472, § 5. July 1, 2013.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

54-1-135. Transportation system failure.

  1. In the event of a transportation system failure, an imminent threat of a failure, or other emergency that the commissioner reasonably believes would present a hazard to the traveling public or a significant delay in transportation, then the commissioner shall have the authority to enter into contracts narrowly tailored to remedy the actual or imminent failure or other emergency by one of the following methods:
    1. When conditions allow, bids will be taken at a special letting. The commissioner is authorized to waive any provisions of this title related to bidding to effectuate this special letting including advertisement, time periods and notice; or
    2. If the commissioner determines that the failure, threatened failure, or other emergency requires immediate attention, then the commissioner may enter into a contract through noncompetitive selection of a prequalified contractor available to undertake the repairs immediately.
  2. In the event the commissioner enters into a contract under this section, the commissioner shall provide immediate written notice to the commissioner of finance and administration and to the comptroller. Within thirty (30) days of the commissioner entering into a contract under this section, copies of all bids and supporting documentation shall be filed with the fiscal review committee.

Acts 2004, ch. 603, § 1.

54-1-136. Biofuels and the implementation of incentives to encourage the production of biofuels.

  1. The department of transportation is authorized to undertake public-private partnerships with transportation fuel providers, including, but not limited to, farmer co-ops, to install a network of refueling facilities, including storage tanks and fuel pumps, dedicated to dispensing biofuels, including, but not limited to, ethanol (E85) and biodiesel (B20).
  2. To accomplish the purposes of this section, the department may establish a grant program to render financial assistance to help pay the capital costs of purchasing, preparing, and installing fuel storage tanks and fuel pumps for biofuels at private sector fuel stations. The department may apply for, and make reasonable efforts to secure, federal assistance and other funding sources for the grant program. The department may attempt to maximize the total investment in biofuel refueling facilities.
  3. For the purpose of establishing biofuel storage tanks and fuel pumps at private sector fuel stations, the department shall use any federally-appropriated funds or the general assembly may appropriate the funds to the department from sources other than the state highway fund.
    1. The Tennessee department of agriculture shall have the authority to inspect and test biofuels under the Kerosene and Motor Fuels Quality Inspection Act of 1989, compiled in title 47, chapter 18, part 13.
    2. The department of agriculture is authorized to develop and implement an alternative fuel research program to stimulate public and private research into both the technology of converting Tennessee agriculture products, including, but not limited to, soybeans, switchgrass and other biomass, into alternative fuels and the production capabilities needed to deliver alternative fuels to Tennessee consumers.
  4. No expenditure of public funds, pursuant to this section, shall be made in violation of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d.
  5. The department may also develop and implement a program to encourage all political subdivisions of the state and public colleges and universities to increase the number of vehicles that use alternative fuels in the fleets of all political subdivisions, colleges, or universities.

Acts 2005, ch. 370, §§ 1–5; 2007, ch. 456, § 1.

Cross-References. Petroleum products and alternative fuels tax law, title 67, ch. 3.

Part 2
Unlawful Acts

54-1-201. Contracts in which officers of department of transportation or relatives interested prohibited and void.

No contract shall be let to or made with any person in which any officer of the department of transportation is interested, directly or indirectly, or with whom any officer of the department is knowingly related, either by blood or marriage within the fourth degree, computing by the civil law. Nor shall any stockholder or other person in any way interested in any firm or corporation be related within the fourth degree to any member of the department. Neither shall any engineer in the employ of the department have any interest in any contract or be knowingly related within the fourth degree to any person interested in the contract. Any contract where the interest or relationship exists shall be void.

Acts 1917, ch. 74, § 7; Shan., § 1720a29b33 (p. 6551); Shan. Supp., § 1720a7b64; Code 1932, § 3224; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-117; Acts 1981, ch. 264, § 12.

Collateral References. Highways 90 et seq.

54-1-202. Offense for official to enter into certain contracts.

It is a Class E felony for any officer of the department to enter knowingly into any contract under this chapter and chapters 2, 4, and 5 of this title with:

  1. Any person related to the officer or to any other officer of the department within the fourth degree;
  2. Any corporation in which the officer or any other member of the department is interested, directly or indirectly; or
  3. Any corporation in which any person knowingly related to the officer is interested, directly or indirectly.

Acts 1917, ch. 74, § 8; Shan., § 1720a29b34 (p. 6551); Shan. Supp., § 1720a7b65; Code 1932, § 3225; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-118; Acts 1981, ch. 264, § 12; 1989, ch. 591, § 51.

Cross-References. Penalty for Class E felony, § 40-35-111.

54-1-203. Felonious acts of officers or employees enumerated.

It is also a Class E felony for any officer of the department, or for any person in the employ of the officer, to commit any fraudulent act whatever with respect to the expenditure of the funds mentioned in this chapter and chapters 2, 4, and 5 of this title, among the counties entitled to the funds, or otherwise, or in respect to the designation or laying out of any road, making plans and specifications for the road, advertising for bids, receiving bids, letting or making contracts, approving or accepting roads, bridges, etc., or otherwise in any manner whatsoever acting in bad faith in respect to any duty imposed upon any of the officials, engineers, or other employees, by this chapter and chapters 2, 4, and 5 of this title, or by doing any prohibited act, or failing willfully to discharge any duty required, whether any actual loss or damage results from the act or failure to act or not.

Acts 1917, ch. 74, § 8; Shan., § 1720a29b35 (p. 6552); Shan. Supp., § 1720a7b66; Code 1932, § 3226; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-119; Acts 1981, ch. 264, § 12; 1989, ch. 591, § 52.

Cross-References. Penalty for Class E felony, § 40-35-111.

54-1-204. [Obsolete.]

Code Commission Notes.

Former § 54-1-204 (Acts 1917, ch. 74, § 8; Shan., § 1720a29b36; Shan. Supp., § 1720a7b67; mod. Code 1932, § 3227; T.C.A. (orig. ed.), § 54-120), concerning punishment for convictions of felonies, was deleted as obsolete by the code commission in 1993.

54-1-205. Employee encouraging purchase of particular material or product unlawful.

  1. It is unlawful for any employee of the department of transportation to encourage in any manner the purchase of any particular material or product or to assist in the initiation of requisitions for any materials or products to be purchased by any department of this state when such employee is directly interested as defined in § 12-4-101 in such material or product.
  2. A violation of subsection (a) is a Class C misdemeanor.

Acts 1953, ch. 161, § 1 (Williams, § 3227.1); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-121; Acts 1981, ch. 264, § 2; T.C.A. § 54-1-206; Acts 2013, ch. 308, § 6.

Code Commission Notes.

Former § 54-1-206 was transferred to subsection (b) of this section by the code commission in 2008.

Amendments. The 2013 amendment substituted “this state when such employee is directly interested as defined in § 12-4-101 in such material or product” for “the state of Tennessee” at the end of (a).

Effective Dates. Acts 2013, ch. 308, § 46. July 1, 2013.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

54-1-206. [Transferred.]

Code Commission Notes.

Former § 54-1-206 (Acts 1953, ch. 161, § 2 (Williams, § 3227.1); T.C.A. (orig. ed.), § 54-122; Acts 1989, ch. 591, § 113), concerning penalty for violations of § 54-1-205, was transferred to § 54-1-205(b) by the code commission in 2008.

Part 3
Transportation Reporting Act of 2001

54-1-301. Short title.

This part shall be known and may be cited as the “Transportation Reporting Act of 2001.”

Acts 2001, ch. 298, § 2.

54-1-302. Annual report on transportation — Required information.

  1. Beginning June 30, 2001, and every quarter thereafter, the department of transportation shall generate a report to be submitted to the general assembly and the state building commission on the status of all highway and road projects approved by the general assembly as part of the department's budget. The status report shall include a current list of projects being planned, projects under construction, and anticipated starting dates for projects not yet underway.
  2. With respect to each project referenced in subsection (a), the report shall:
    1. State the initial contract price;
    2. Identify the final cost of the project; and
    3. If there is a significant change in cost, state the amount by which the authorized expenditures exceed the initial contract price, as well as the contributing factors for the cost changes.

Acts 2001, ch. 298, § 3.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

Part 4
Litter Prevention and Control

54-1-401. Litter prevention and control.

In recognition of the exorbitant societal costs associated with littering and in the interest of a cleaner, more beautiful Tennessee, the department of transportation is authorized to establish a litter prevention and control program.

Acts 2005, ch. 128, § 1; 2013, ch. 308, § 4.

Amendments. The 2013 amendment deleted “to be known as ‘Don't Trash Tennessee’” from the end.

Effective Dates. Acts 2013, ch. 308, § 46. July 1, 2013.

Cross-References. Litter control, § 39-14-501 et seq.

Litter prevention and control, § 4-7-301 et seq.

54-1-402. Citizen reporting of littering.

The litter prevention and control program may include as one (1) of its components a process by which citizens can report directly to the department of transportation instances of persons littering from motor vehicles onto the state's roads and highways, whether the offenders are intentionally littering or are accidentally dropping objects or debris from an uncovered or improperly secured load. The process may provide the capability for citizens to report litterers online by means of the completion of a standard form, the form to be accessed via the Internet from the program's web site. The department may also make provisions for citizens to report litterers via e-mail and a toll-free telephone line.

Acts 2005, ch. 128, § 2; 2013, ch. 308, § 5.

Compiler's Notes.  The toll-free number referred to in this section is 1-877-8-LITTER (1-877-854-8837).

Amendments. The 2013 amendment substituted “The litter prevention and control program” for “The ‘Don't Trash Tennessee’ program” at the beginning.

Effective Dates. Acts 2013, ch. 308, § 46. July 1, 2013.

54-1-403. Minimum information in a report — Confidentiality.

  1. When reporting litterers to the department of transportation, whether via the Internet, e-mail or telephone, citizens shall provide the following information, at a minimum:
    1. The offender's motor vehicle registration number, Tennessee plates only;
    2. The make and model of the offender's motor vehicle;
    3. The date and time of day the littering offense occurred;
    4. The approximate location at which the littering offense occurred;
    5. The person or entity who committed the littering offense, whether driver, passenger or accidental discharge from a load; and
    6. The item or items improperly discharged from the motor vehicle that are the basis for the littering offense.
  2. Litter reports, whether made via the Internet, e-mail or telephone, shall be deemed confidential. Neither the identity of the person making the report, nor the specific information compiled in the report, shall be available to any person other than an official or employee of the department having responsibility in the administration and enforcement of the program.

Acts 2005, ch. 128, § 3.

Compiler's Notes.  The toll-free number referred to in this section is 1-877-8-LITTER (1-877-854-8837).

Cross-References. Confidentiality of public records, § 10-7-504.

54-1-404. Verification of reported motor registration number and notification of owner or lessee of vehicle.

Upon receipt of the information required by § 54-1-403, the department of transportation may verify the reported motor vehicle registration number through the department of safety. Upon completing verification, if possible, the department of transportation may mail a letter to the owner or lessee of the motor vehicle at the address affiliated with the registration number. The letter may inform the owner or lessee of the motor vehicle that a concerned citizen has reported witnessing the commission of a littering offense from the motor vehicle. The letter may strongly discourage the owner or lessee from committing a subsequent littering offense or allowing a subsequent littering offense to be committed from the person's motor vehicle and warn the owner or lessee of the penalties for littering under Tennessee law.

Acts 2005, ch. 128, § 4.

54-1-405. Construction — Expenditure of funds.

This part shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to this part, unless the funds are specifically appropriated by the general appropriations act.

Acts 2005, ch. 128, § 5.

54-1-406. Rules and regulations.

The commissioner of transportation is authorized to promulgate rules and regulations to effectuate the purposes of §§ 54-1-40154-1-404. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2005, ch. 128, § 6.

Part 5
Tennessee Department of Transportation Contracts for Construction Manager/General Contractor Services

54-1-501. Use of project delivery method of construction manager/general contractor (CM/GC) services.

  1. Notwithstanding any other law to the contrary, the department is authorized to use the project delivery method of construction manager/general contractor (CM/GC) services. The CM/GC method allows the department to engage a construction manager during the design process to provide input on the design. During the design phase, the construction manager provides advice, including, but not limited to, constructability review, scheduling, pricing, and phasing to assist the department in designing a more efficient and well-designed project. The construction manager/general contractor may subsequently construct the project if the department and the CM/GC reach agreement on a guaranteed maximum price for construction.
  2. The department will select CM/GC projects based upon generally accepted industry criteria that include factors such as fostering innovation, mitigating risk, improving design quality, improving cost control, and optimizing construction schedules. Projects suited for the CM/GC process include instances where the department needs feedback during the design phase due to complex components that require innovation. Other projects that are suited for CM/GC are projects that have public involvement, third-party considerations such as acquisition of right-of-way or utility relocation issues, or other factors that impact the overall schedule. Projects not suited for the CM/GC process include routine maintenance and resurfacing projects or other construction projects that present a low level of technical complexity, a low level of risk management, and simple traffic phasing, and that do not have any compelling need for project acceleration.
  3. Before using the CM/GC method of project delivery, the commissioner shall send written notice to the chair of the transportation and safety committee of the senate and the chair of the transportation committee of the house of representatives. The written notice must identify the project and the reasons for deciding to use the CM/GC method.

Acts 2013, ch. 366, § 1; 2019, ch. 106, § 1.

Amendments. The 2019 amendment rewrote the section which read: “(a)  This part shall be known and may be cited as the “Tennessee Department of Transportation Contracts for Construction Manager/General Contractor Services Pilot Program.”“(b)  This part provides a pilot program that allows the department to engage in an alternative procurement procedure for certain transportation projects performed by the department of transportation.“(c)  It is the intent of the general assembly in enacting this part to provide a pilot program to test the utilization of a construction manager/general contractor (CM/GC) method as a cost-effective and efficient option for constructing transportation projects.“(d)  The CM/GC method allows the department to engage a construction manager during the design process to provide input on the design. During the design phase, the construction manager provides advice including, but not limited to, constructability review, scheduling, pricing, and phasing to assist the department to design a more efficient and well-designed project. The construction manager/general contractor may subsequently construct the project if the department and the CM/GC reach agreement on a guaranteed maximum price for construction.”

Effective Dates. Acts 2013, ch. 366, § 2. July 1, 2014; provided, that, for the purpose of promulgating rules and regulations, the act took effect May 13, 2013.

Acts 2019, ch. 106, § 11. April 11,  2019.

54-1-502. Part definitions.

As used in this part:

  1. “Authorized contingency” means the contingency prepared and submitted by the CM/GC as part of the GMP, which is designed to cover costs that may result from incomplete design, unforeseen and unpredictable conditions, or uncertainties within the defined project scope which a prudent CM/GC would not have reasonably detected or anticipated during the discharge of CM/GC's pre-construction duties;
  2. “Commissioner” means the commissioner of transportation;
  3. “Construction manager/general contractor” or “CM/GC” means a business firm, separate from the project designer, that is able to provide pre-construction services during the design and development phase of a project;
  4. “Construction manager/general contractor method” or “CM/GC method” means a project delivery method in which a construction manager is procured to provide pre-construction services and the CM/GC may subsequently construct the project, or any part of the project, if the department and the firm reach agreement on a guaranteed maximum price;
  5. “Department” means the department of transportation;
  6. “Guaranteed maximum price” or “GMP” means the total dollar amount within which the CM/GC commits to complete construction of the project, including the CM/GC's direct costs, overhead, and profit, plus any authorized contingency. The GMP may be supplemented at a later date to cover additional costs arising from changes in the scope of work as the department may subsequently direct in writing; and
  7. “Pre-construction services” may include, but not be limited to, cost estimates, schedule analysis, sequencing of work, risk identification and mitigation, constructability reviews, evaluation of alternative construction options, assistance with various permits, coordination with public or private utility service providers, communication with third-party stakeholders and/or the public, development of a GMP, and any directly related or similar services as may be necessary or useful to assist the department with the design and development of a project to the construction phase.

Acts 2013, ch. 366, § 1.

Effective Dates. Acts 2013, ch. 366, § 2. July 1, 2014; provided, that, for the purpose of promulgating rules and regulations, the act took effect May 13, 2013.

54-1-503. Selection of projects by department.

The department's authority to use the CM/GC method as provided in this part is subject to the following limitations:

  1. If a proposed CM/GC contract has a total estimated contract amount in excess of seventy million dollars ($70,000,000), then the department shall specifically identify the project as a proposed CM/GC project in the transportation improvement program submitted annually to the general assembly in support of the commissioner's annual funding recommendations; and
  2. The cumulative cost of the CM/GC projects awarded in any single fiscal year must not exceed twenty-five percent (25%) of the total amount of construction contract awards made in the previous fiscal year, except as the general assembly may otherwise approve in accordance with the annual appropriations act.

Acts 2013, ch. 366, § 1; 2019, ch. 106, § 2.

Amendments. The 2019 amendment rewrote the section which read: “(a)  Notwithstanding any other law to the contrary, during the term of this pilot program, the commissioner may select up to a total of three (3) projects for the use of the CM/GC method of project delivery. The aggregate total construction costs of the pilot program projects shall not exceed two hundred million dollars ($200,000,000). The first CM/GC project shall not exceed seventy million dollars ($70,000,000) in construction costs, and no CM/GC project shall exceed one hundred million dollars ($100,000,000) in construction costs.“(b)  After the first project subject to the CM/GC method has begun, the department shall not initiate any other project using the CM/GC method until after a contract for construction of the first CM/GC project has been awarded.“(c)  Before using the CM/GC method of project delivery, the commissioner shall send written notice to the chair of the transportation and safety committee of the senate and the chair of the transportation committee of the house of representatives. The written notice shall identify the project and the reasons for deciding to use the CM/GC method.”

Effective Dates. Acts 2013, ch. 366, § 2. July 1, 2014; provided, that, for the purpose of promulgating rules and regulations, the act took effect May 13, 2013.

Acts 2019, ch. 106, § 11. April 11,  2019.

54-1-504. Multi-phase process for selecting the CM/GC that is the most responsive and responsible proposer.

  1. If the commissioner determines that the CM/GC method of procurement is appropriate for a project, the commissioner shall establish a multi-phase process as described in subdivisions (b)(1)-(4) to select the CM/GC that is the most responsive and responsible proposer.
    1. Phase 1 of the process is the appointment of the selection committee, as follows:
      1. For each request for proposal (RFP) for CM/GC services, the commissioner shall appoint a selection committee to evaluate and score all responsive proposals in accordance with the procedures established in the RFP;
      2. The selection committee shall have a total of eight (8) members. The commissioner shall appoint five (5) department employees to the selection committee based on their qualifications and experience, including at least one (1) employee who is a licensed professional engineer in this state;
      3. In addition, the commissioner shall appoint three (3) members who are not employees of the department, all of whom must be residents of this state, with one (1) member appointed from and residing in each grand division of the state. At least two (2) of these three (3) members must have a minimum of ten (10) years of construction or highway engineering design experience, and at least one (1) of these two (2) members must have a valid professional engineering license. The other one (1) of these three (3) members must have either a minimum of ten (10) years of construction or highway engineering design experience or a minimum of five (5) years of employment experience in a banking, finance, accounting, surety, or insurance position.
    2. Phase 2 of the process is the development and issuance of the request for proposals (RFP), as follows:
      1. The RFP used to solicit a CM/GC proposal shall be reviewed by the selection committee established under subdivision (b)(1). Prior to the issuance of the RFP, the selection committee shall approve the proposed RFP indicating that the RFP complies with the requirements in this part, in a closed meeting that is not open to the public and by a majority vote;
      2. The RFP shall not require prior experience with any particular project delivery method as a condition for submitting a responsive proposal. Further, the RFP shall not solicit information concerning prior experience with any particular contract delivery method, and the RFP shall not give any credit or preference for any particular contract delivery method experience in the scoring of any proposal. The RFP shall include, but not be limited to, the following:
        1. The procedures for submitting proposals and the criteria for evaluating qualifications and the relative weight for each criterion as indicated in the technical score matrix, which shall be attached to the RFP;
        2. The form of the contract to be awarded for pre-construction services;
        3. A listing of the types and scope of pre-construction services that will be required;
        4. The scope of the intended construction work, with a requirement that the CM/GC, if awarded the construction contract, shall complete at least thirty percent (30%) of the negotiated construction cost of the entire project internally. The cost for pre-construction services shall not be considered part of the thirty percent (30%) but may be considered a specialty item;
        5. Any budget limits for the construction project and the pre-construction services;
        6. The method of payment and structure of fees for the pre-construction services;
        7. A requirement that the proposer submit relevant information regarding any licenses, registration and credentials that may be required to construct the project, including information on the revocation or suspension of any license, registration or credential. A Tennessee contractor's license shall not be required to submit a proposal or to be considered for award of a contract for pre-construction services; provided, however, that a Tennessee contractor's license shall be required prior to the execution of any contract for pre-construction services or to construct the project;
        8. A requirement that the proposer submit evidence that establishes the entity has the capacity to obtain the required bonding and insurance for the project;
        9. A requirement that the proposer submit information concerning any debarment or default from a federal, state or local government project within the past five (5) years;
        10. A requirement that the proposer provide information concerning the bankruptcy or receivership of any member of the entity including information concerning any work completed by a surety;
        11. A requirement that the proposing firm provide evidence that the proposing firm has actual experience in the successful construction of other highway transportation projects, as well as the competency, capability and capacity to complete a project of similar size, scope or complexity; and further, the proposing firm may not rely on the construction experience of a subcontractor or other team member for the purpose of meeting this requirement;
        12. An affidavit that shall be signed by each proposer competing for a CM/GC contract affirming that the company, its agents, subcontractors and employees have not violated the prohibitions described in subdivisions (b)(3)(F) and (G); and
        13. A prohibition that excludes any person or firm that has received compensation for assisting the department in preparing the RFP from submitting a proposal in response to the RFP, or participating as a CM/GC team member;
      3. Once the selection committee has approved the RFP and determined that it complies with the requirements of this part, the RFP shall be published on the department's Internet web site, and may be advertised in a newspaper of general circulation in the region of the state where the work is to be performed and/or published in such other internet or print media of general circulation so as to afford an opportunity for qualified firms to be considered for award of the contract.
    3. Phase 3 of the process, which may be known as the “CM/GC Selection-Design Phase,” is as follows:
      1. The department's RFP shall establish a procedure for the evaluation and selection of a CM/GC to perform pre-construction services and potentially construct the project. Members of the selection committee are to be instructed as to their responsibilities and duties, as established in this part, prior to their review or evaluation of the proposals;
      2. All proposals received by the department in response to the RFP, and any documents used by the selection committee to evaluate and score the proposals, shall remain confidential and not subject to disclosure to any proposer or to the public until after the department issues a written notice of award as provided in subdivision (b)(3)(E);
      3. The RFP may provide for the selection committee to make an initial review and evaluation of interested proposers through a request for qualifications (RFQ), with a more detailed proposal to be submitted by a selected list of proposers, and it may provide for interviews or presentations. The RFP may also provide for a process by which members of the selection committee, through a department employee identified in the RFP as a point of contact, may request and obtain information on technical matters to assist them in the evaluation of proposals;
      4. Upon completion of the evaluation process, each member of the selection committee shall independently review and score the proposals. Each member shall score the proposals pursuant to the scoring matrix that the department provides in the RFP and based on the RFP's evaluation criteria. The scores will be tallied and averaged according to the procedure established in the RFP; provided, however, that the scores of the two (2) selection committee members giving the highest and lowest scores on a proposal shall be excluded when computing the average score for each proposal. Upon completion of the scoring, the proposals will be ranked in order of the highest aggregate score to the lowest aggregate score. The proposer whose proposal receives the highest aggregate score will be considered the best-evaluated proposer;
      5. The proposals shall be submitted in rank order to the commissioner. The commissioner may either accept the selection committee's recommendation of the best-evaluated proposer, or the commissioner may reject all proposals and proceed with construction of the project through any lawful method for procuring a construction services contract. The department shall send all proposers a written notice of award to the best-evaluated proposer, or a written notice that all proposals have been rejected. If the department issues a written notice of award, the notice shall include a copy of the scores from each member of the selection committee for each RFP proposal;
      6. Throughout the selection process:
        1. The members of the selection committee shall not communicate with each other concerning their review or evaluation of the proposals;
        2. Any entity that submits a proposal in response to the RFP, as well as their employees, agents and subcontractors, shall not communicate with any member of the selection committee, or with any employee or official of the department, concerning the review or evaluation of any proposal, except that a proposer may communicate with those department employees who are specifically listed in the RFP as appropriate points of contact and in accordance with procedures established in the RFP that allow proposers to communicate with entities such as utilities and permit agencies. Any proposer's failure to comply with this restriction shall render said proposer's RFP response ineligible for selection;
        3. To confirm that no member of the selection committee has been improperly influenced, prior to reviewing the RFP responses, each committee member must affirmatively complete an affidavit indicating that such member has not discussed the proposals or such member's review of the same with any other selection committee member, with any department employee other than those listed in the RFP as an appropriate point of contact, or with any of the proposers, their agents, employees or subcontractors;
        4. Each member of the selection committee shall also be required to complete an affidavit stating that such member is not aware of having any conflict of interest, financial or otherwise, regarding the member's ability to fairly evaluate all proposals;
      7. Entities competing for a CM/GC contract are also prohibited from offering or paying a contingency fee of any type that is directly tied to specific actions or work designed to help the proposer obtain a contract through the CM/GC RFP process. The selected CM/GC firm shall complete an affidavit affirming this information before being awarded a contract. Falsely affirming that a contingency fee, associated with the CM/GC RFP process, was neither offered nor paid shall be grounds for debarment of the proposer under official compilation Rules and Regulations of the State of Tennessee, Chapter 1680-05-01, governing suspension and debarment for department contractors.
    4. Phase 4 of the process, which may be known as the “CM/GC Selection- Construction Phase,” is as follows:
      1. Once the design has been completed, or has been sufficiently developed to allow the CM/GC to prepare a proposed guaranteed maximum price for construction of the project, or a part of the project, the department shall conduct the steps described in subdivision (4)(B) before proceeding with any construction of the project;
      2. The department shall:
        1. Prepare and compile the contract plans, specifications, special provisions, and other requirements which will comprise the contract for construction of the project;
        2. Prepare a detailed construction cost estimate to evaluate the appropriate price for construction of the project as designed; and
        3. If directed by the commissioner, have an independent third-party estimator prepare a detailed construction cost estimate to confirm the appropriate price for construction of the project as designed;
      3. The department's detailed construction cost estimate, and any construction cost estimate prepared by an independent third-party estimator, shall not be disclosed to the CM/GC, and shall remain confidential and not subject to public disclosure until after award of the contract for construction of the project;
      4. The contract shall require the CM/GC to self-perform a portion of the construction work comprising at least thirty percent (30%) of the total cost for construction, excluding specialty items. The cost for pre-construction services shall not be considered part of the thirty percent (30%) but may be considered a specialty item;
      5. Based on the contract plans, specifications, special provisions, and other contract terms and conditions compiled by the department, the CM/GC shall prepare a guaranteed maximum price, including any authorized contingency, for construction of the project. When completed, the CM/GC's proposed GMP shall be submitted to the department for review. The CM/GC's proposed GMP shall otherwise remain confidential and not subject to public disclosure until after award of the contract for construction of the project;
      6. The department shall compare the CM/GC's proposed GMP with its own confidential construction estimate, and with any construction estimate prepared by an independent third-party estimator. If the GMP does not exceed the department's estimate, or the independent third-party estimate, by more than ten percent (10%), the commissioner may, but is not required to, award the contract for construction of the project to the CM/GC;
      7. If the commissioner rejects the proposed GMP, the department may continue to conduct contract discussions with the CM/GC to develop an acceptable GMP for the project as designed. Alternatively, the department may direct the CM/GC to provide additional pre-construction services as needed to assist in the further development of contract plans, terms, or specifications for the purpose of repeating the Phase 4 process steps established in this subdivision (b)(4);
      8. If the CM/GC and the commissioner are unable to reach agreement on the GMP, the commissioner may proceed with construction of the project through the low bid procurement process.

Acts 2013, ch. 366, § 1; 2019, ch. 106, §§ 3-7.

Amendments. The 2019 amendment rewrote (1)(C) which read: “(C)  In addition, the commissioner shall appoint three (3) members who are not employees of the department, all of whom shall be residents of this state. At least one (1) member shall be appointed from and reside in each of the grand divisions of this state. At least one (1) of these three (3) members shall have a degree in banking, finance or accounting and a minimum of five (5) years of employment experience in a banking, finance or accounting position. Each of the other two (2) members shall have a minimum of ten (10) years of construction or highway engineering design experience, and at least one (1) of these two (2) members shall have a valid professional engineering license.”; deleted “For the purposes of the pilot program,” from the beginning of (2)(B); added “and in accordance with procedures established in the RFP that allow proposers to communicate with entities such as utilities and permit agencies” at the end of the first sentence of (3)(F)(ii); substituted “Rules and Regulations of the State of Tennessee, Chapter 1680-05-01” for “Rules and Regulations of the State of Tennessee, Chapter 1680-5-1” in the last sentence of (3)(G); and  substituted “Phase 4” for “Phase IV” at the beginning of the introductory language of (4) and near the end of the second sentence of (4)(G).

Effective Dates. Acts 2013, ch. 366, § 2. July 1, 2014; provided, that, for the purpose of promulgating rules and regulations, the act took effect May 13, 2013.

Acts 2019, ch. 106, § 11. April 11,  2019.

Cross-References. Confidentiality of public records, § 10-7-504.

Grand division, title 4, ch. 1, part 2.

54-1-505. Protesting the award of a CM/GC contract.

  1. A proposer who participated in the CM/GC RFP process may protest the award of a CM/GC contract to the commissioner. The protest shall be submitted in writing within seven (7) calendar days after the proposer knows or should have known of the facts giving rise to the protest. In the case of a pending award, a stay of award may be requested. The commissioner or the commissioner's designee has the authority to settle and resolve a protest.
  2. Upon receipt of the “notice of award” letter which will be sent to all proposers by email, facsimile or mail prior to awarding the contract to the recommended proposer, the proposers shall have seven (7) calendar days to review the procurement file and to file a protest. In no event shall any protest be allowed, however, more than seven (7) calendar days after the proposer knew or should have known of the facts giving rise to the protest. If no protest letter with a protest bond is received in accordance with the requirements described in this subsection (b), then the department shall proceed with the award. The protest procedures and protest bond requirements are as follows:
    1. The protester shall deliver by mail or hand delivery an original protest letter, manually signed in ink, with a protest bond to the commissioner within seven (7) calendar days after the proposer knew or should have known of the facts giving rise to the protest. The protest letter shall include the solicitation number, the reason or reasons for the protest, and the signature of an attorney or protesting party indicating that the signer has read the document, and that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass, limit competition, or to cause unnecessary delay or needless increase in the cost of the procurement or of the litigation;
    2. The protest, and any review or appeal thereof, shall be based exclusively on the written record of the CM/GC procurement process described in § 54-1-504(b)(2) and (3), unless there are specific factual allegations that, in the course of evaluating or scoring the proposals, the selection committee or a member thereof has engaged in unlawful conduct or conduct so arbitrary and capricious as to amount to an illegality, in which case evidence outside the written record may be submitted;
    3. The protest bond shall be in the amount of two percent (2%) of the department's estimate of the total project cost;
    4. If the protest is not resolved by mutual agreement, the protester may request that the matter be considered at a meeting with the state protest committee created in § 4-56-103. The protester shall be required to submit a letter of appeal to the commissioner of general services and the commissioner of transportation requesting a meeting with the state protest committee within seven (7) calendar days from the date of the final determination letter provided by the commissioner or the commissioner's designee. In the event that a letter of appeal is not received within the seven (7) calendar days, the department shall proceed with an award;
    5. If the protester submits a letter of appeal to the state protest committee within the seven (7) calendar days, the state protest committee shall hold a protest meeting and make a final determination in writing to the protester and the commissioner;
    6. The department shall hold the protest bond for at least eleven (11) calendar days after the date of the final determination by the commissioner or the commissioner's designee. If the protester appeals the commissioner's final determination to the state protest committee, the protest bond shall be held until the commissioner is instructed by the state protest committee to either keep the bond or return it to the protester. The protester shall be notified in writing of the decision to keep the protest bond or shall be sent the protest bond by certified mail; provided, however, that the bond may only be retained if the commissioner determines that there is substantial evidence in the record to establish that the protest was brought or pursued in bad faith, or that the protest does not state on its face a valid basis for protest;
    7. A decision rendered by the state protest committee may be appealed by filing a petition for a writ of certiorari with the Chancery Court of Davidson County within sixty (60) days of the state protest committee's final decision.

Acts 2013, ch. 366, § 1; 2019, ch. 106, § 8.

Amendments. The 2019 amendment substituted “two percent (2%)” for “five percent (5%)” in (b)(3).

Effective Dates. Acts 2013, ch. 366, § 2. July 1, 2014; provided, that, for the purpose of promulgating rules and regulations, the act took effect May 13, 2013.

Acts 2019, ch. 106, § 11. April 11,  2019.

54-1-506. Debriefing on selection process.

After the protest period has expired, and the contract for pre-construction services has been awarded, the department's procurement files shall be subject to public inspection pursuant to § 10-7-504(a)(7), and the department shall, upon request after award of the pre-construction services contract has been awarded, provide any unsuccessful proposer with a debriefing on the selection process. The debriefing shall be provided within the earliest mutually convenient time after award of the contract. The debriefing shall be limited to discussion of the strengths and weaknesses of the proposal submitted by the unsuccessful proposer and shall not include specific discussion of any other firm's competing proposal.

Acts 2013, ch. 366, § 1; 2019, ch. 106, § 9.

Amendments. The 2019 amendment substituted “the department shall, upon request after award of the pre-construction services contract has been awarded, provide” for “the department shall within five (5) business days after the protest period has expired, provide” near the middle of the first sentence.

Effective Dates. Acts 2013, ch. 366, § 2. July 1, 2014; provided, that, for the purpose of promulgating rules and regulations, the act took effect May 13, 2013.

Acts 2019, ch. 106, § 11. April 11,  2019.

54-1-507. Establishment of policies and promulgation of rules and regulations.

The department may establish agency policies and/or promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, in furtherance of this part.

Acts 2013, ch. 366, § 1.

Effective Dates. Acts 2013, ch. 366, § 2. July 1, 2014; provided, that, for the purpose of promulgating rules and regulations, the act took effect May 13, 2013.

54-1-508. [Repealed.]

Acts 2013, ch. 366, § 1; repealed by Acts 2019, ch. 106, § 10, effective April 11, 2019.

Compiler's Notes. Former § 54-1-508 concerned the termination of the Tennessee Department of Transportation Contracts for Construction Manager/General Contractor Services Pilot Program.

Chapter 2
State Highway Funds

Part 1
General Provisions

54-2-101. [Repealed.]

Compiler's Notes. Former § 54-2-101 (Acts 1919, ch. 149, § 10; Shan. Supp., § 1720a7b10; Code 1932, § 3179; T.C.A. (orig. ed.), § 54-201), concerning appropriation to the highway fund of automobile license and registration taxes and penalties, was repealed by Acts 1981, ch. 264, § 3. For current law, see § 55-6-107.

54-2-102. Custody of department of transportation funds.

All funds, revenues, taxes and proceeds of notes or bond issues that are now or may be hereafter devoted or allocated to the department of transportation shall be placed in the custody of the state treasurer in an account to be known as the “department of transportation state highway fund” or “highway fund.”

Acts 1931 (2nd Ex. Sess.), ch. 7, § 1; mod. C. Supp. 1950, § 3196.1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-202; Acts 1981, ch. 264, § 12; 2009, ch. 197, § 2.

Amendments. The 2009 amendment added “in an account to be known as the ‘department of transportation state highway fund’ or ‘highway fund’” to the end.

Effective Dates. Acts 2009, ch. 197, § 4. July 1, 2009.

Collateral References. 39 Am. Jur. 2d Highways, Streets, and Bridges § 137 et seq.

40 C.J.S. Highways § 176.

Highways 97.1 et seq.

54-2-103. Department of transportation funds to be kept separate — Manner of drawing out.

Notwithstanding any law to the contrary, the department of transportation state highway fund shall be kept separate and apart from all other funds; and, except as authorized by § 47-18-1311, no part shall be transferred or otherwise diverted to any other department or agency of state government and shall only be drawn out of the state treasury as provided in §§ 54-2-104 and 54-2-105.

Acts 1917, ch. 74, § 1; Shan., § 1720a29b1; Acts 1919, ch. 188, § 1; 1923, ch. 62, § 1; Shan. Supp., § 1720a7b39; Code 1932, § 3196; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-203; Acts 1981, ch. 264, § 12; 2009, ch. 197, § 3.

Amendments. The 2009 amendment rewrote the section which read: “All of the funds of the department of transportation shall be kept separate and apart from all other funds, and no part shall be diverted to any other branch of the state government, and shall only be drawn out of the state treasury as provided in §§ 54-2-104 and 54-2-105.”

Effective Dates. Acts 2009, ch. 197, § 4. July 1, 2009.

54-2-104. Disbursement of department of transportation funds — Voucher-warrant — Preparation and form.

Upon the receipt by the commissioner of transportation of any project estimate, account or other item of disbursement other than payroll payments, it shall be the duty of the commissioner to prepare a voucher-warrant for the amount for which the commissioner approves the account, project estimate or other disbursement, payable to the party entitled to the disbursement, and approved by the commissioner. The voucher-warrant shall be transmitted to the commissioner of finance and administration, together with the statement of account, estimate or other disbursement the commissioner may require, and when the voucher-warrant has been approved by the commissioner of finance and administration in accordance with law, the commissioner of finance and administration shall sign the voucher-warrant and shall deliver the voucher-warrant to the department of transportation for transmission to the party entitled to the voucher-warrant. When made out by the commissioner of transportation, the voucher-warrant shall contain the project number for which it is drawn and other memoranda or data the commissioner of transportation may deem requisite for purposes of identification and record. Upon presentation of the voucher-warrant, when properly signed by the commissioner of finance and administration and the commissioner of transportation, it shall be the duty of the state treasurer to pay the voucher-warrant.

Acts 1931 (2nd E.S.), ch. 7, § 1; mod. C. Supp. 1950, § 3196.2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-204; Acts 1981, ch. 264, § 12.

54-2-105. Payroll accounts — Depository bond.

When, in the course of the work of the department of transportation, the commissioner of transportation finds it necessary to make payments of salaries or personal expenses, or both, now authorized by law to the personnel of the department, in all cases except where an appropriation for salaries and expenses and/or wages is made by the general appropriations act, the commissioner shall prepare in duplicate payrolls and/or expense accounts, showing in detail the payments due to each and every employee of the department, properly itemizing all expense accounts, which payrolls and expense accounts may be in one (1) document or in several, at the discretion of the commissioner. The original of the payrolls shall be filed in the department and a duplicate copy of the payrolls shall be certified by the commissioner as being correct, and the commissioner shall then draw a voucher-warrant for the total amount of the payroll or payrolls, and the voucher-warrant, when found to be correct by the commissioner of finance and administration, shall be signed by the commissioner of finance and administration. Upon presentation of the voucher-warrant to the state treasurer, it shall be the state treasurer's duty to pay the voucher-warrant and to deposit the proceeds of the voucher-warrant into a state depository the state treasurer selects, the voucher-warrant to be deposited to the credit of the commissioner of transportation, payroll account. The commissioner of transportation may then draw checks payable to the order of the respective parties to whom the salaries, wages and/or expenses may be due for the amounts due each. The payrolls, when in possession of the state depository designated by the state treasurer, shall be protected by the regular depository bond. All checks drawn by the commissioner of transportation on the payroll account shall be segregated month by month and preserved for a period of twelve (12) months and, at the expiration of the twelve-month period, the commissioner of transportation may transfer the checks to the archives of the state.

Acts 1931 (2nd Ex. Sess.), ch. 7, § 2; mod. C. Supp. 1950, § 3196.3; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-205; Acts 1981, ch. 264, § 12.

54-2-106, 54-2-107. [Repealed.]

Compiler's Notes. Former §§ 54-2-106, 54-2-107 (Acts 1917, ch. 74, § 2; 1919, ch. 149, § 21; Shan., § 1720a29b5; Acts 1923, ch. 62, § 2; Shan. Supp., §§ 1720a7b21, 1720a29b7; Code 1932, §§ 3184, 3198; T.C.A. (orig. ed.), §§ 54-206, 54-207), concerning the use of highway bureau (now department of transportation) funds, were repealed by Acts 1981, ch. 264, § 3. For public finances generally, see title 9.

54-2-108. Short-term notes — Issuance in anticipation of collections to start construction of any project.

The commissioner of finance and administration and state treasurer shall anticipate the collection of highway funds, and issue short-term notes when requested by the department of transportation, to start the construction or reconstruction of any project that has been accepted by an officer or agency of the federal government, as provided in any act of congress granting funds for the construction of roads, and as provided in this chapter and chapters 1 and 5 of this title.

Acts 1917, ch. 74, § 11; Shan., § 1720a29b44 (p. 6553); Shan. Supp., § 1720a7b75; Code 1932, § 3235; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-208; Acts 1981, ch. 264, § 12.

54-2-109 — 54-2-112. [Repealed.]

Compiler's Notes. Former §§ 54-2-10954-2-112 (Acts 1917, ch. 74, § 10; 1919, ch. 149, § 8; 1929 (E.S.), ch. 24, §§ 1, 2; Shan., § 1720a29b43; Shan. Supp., §§ 1720a7b8, 1720a7b74; Code 1932, §§ 3177, 3234, 3236, 3237; Acts 1978, ch. 910, §§ 1, 2; T.C.A. (orig. ed.), §§ 54-209 — 54-212), concerning rentals from state-owned property and contribution and participation of counties and individuals, were repealed by Acts 1981, ch. 264, § 3. For public finances generally, see title 9.

Part 2
Access Improvement Fund Act of 1971 [Repealed]

54-2-201. [Repealed.]

Acts 1971, ch. 262, § 1; T.C.A., § 54-213; repealed by Acts 2013, ch. 203, § 1, effective April 23, 2013; and by Acts 2013, ch. 308, § 24, effective July 1, 2013; and by Acts 2013, ch. 454, § 8, effective May 16, 2013.

Compiler's Notes. Former part 2, §§ 54-2-20154-2-209, concerned the Access Improvement Fund Act of 1971.

54-2-202. [Repealed.]

Acts 1971, ch. 262, § 2; T.C.A., § 54-214; repealed by Acts 2013, ch. 203, § 1, effective April 23, 2013; and by Acts 2013, ch. 308, § 24, effective July 1, 2013; and by Acts 2013, ch. 454, § 8, effective May 16, 2013.

Compiler's Notes. Former part 2, §§ 54-2-20154-2-209, concerned the Access Improvement Fund Act of 1971.

54-2-203. [Repealed.]

Acts 1971, ch. 262, § 3; T.C.A., § 54-215; repealed by Acts 2013, ch. 203, § 1, effective April 23, 2013; and by Acts 2013, ch. 308, § 24, effective July 1, 2013; and by Acts 2013, ch. 454, § 8, effective May 16, 2013.

Compiler's Notes. Former part 2, §§ 54-2-20154-2-209, concerned the Access Improvement Fund Act of 1971.

54-2-204. [Repealed.]

Acts 1971, ch. 262, § 4; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-216; Acts 1981, ch. 264, § 12; repealed by Acts 2013, ch. 203, § 1, effective April 23, 2013; and by Acts 2013, ch. 308, § 24, effective July 1, 2013; and by Acts 2013, ch. 454, § 8, effective May 16, 2013.

Compiler's Notes. Former part 2, §§ 54-2-20154-2-209, concerned the Access Improvement Fund Act of 1971.

54-2-205. [Repealed.]

Acts 1971, ch. 262, § 5; T.C.A., § 54-217; repealed by Acts 2013, ch. 203, § 1, effective April 23, 2013; and by Acts 2013, ch. 308, § 24, effective July 1, 2013; and by Acts 2013, ch. 454, § 8, effective May 16, 2013.

Compiler's Notes. Former part 2, §§ 54-2-20154-2-209, concerned the Access Improvement Fund Act of 1971.

54-2-206. [Repealed.]

Acts 1971, ch. 262, § 6; T.C.A., § 54-218; repealed by Acts 2013, ch. 203, § 1, effective April 23, 2013; and by Acts 2013, ch. 308, § 24, effective July 1, 2013; and by Acts 2013, ch. 454, § 8, effective May 16, 2013.

Compiler's Notes. Former part 2, §§ 54-2-20154-2-209, concerned the Access Improvement Fund Act of 1971.

54-2-207. [Repealed.]

Acts 1971, ch. 262, § 7; T.C.A., § 54-219; repealed by Acts 2013, ch. 203, § 1, effective April 23, 2013; and by Acts 2013, ch. 308, § 24, effective July 1, 2013; and by Acts 2013, ch. 454, § 8, effective May 16, 2013.

Compiler's Notes. Former part 2, §§ 54-2-20154-2-209, concerned the Access Improvement Fund Act of 1971.

54-2-208. [Repealed.]

Acts 1971, ch. 262, § 8; T.C.A., § 54-220; repealed by Acts 2013, ch. 203, § 1, effective April 23, 2013; and by Acts 2013, ch. 308, § 24, effective July 1, 2013; and by Acts 2013, ch. 454, § 8, effective May 16, 2013.

Compiler's Notes. Former part 2, §§ 54-2-20154-2-209, concerned the Access Improvement Fund Act of 1971.

54-2-209. [Repealed.]

Acts 1971, ch. 262, § 9; T.C.A., § 54-221; repealed by Acts 2013, ch. 203, § 1, effective April 23, 2013; and by Acts 2013, ch. 308, § 24, effective July 1, 2013; and by Acts 2013, ch. 454, § 8, effective May 16, 2013.

Compiler's Notes. Former part 2, §§ 54-2-20154-2-209, concerned the Access Improvement Fund Act of 1971.

Chapter 3
Tennessee Tollway Act

54-3-101. Short title.

This chapter shall be known and may be cited as the “Tennessee Tollway Act.”

Acts 2007, ch. 597, § 2.

Compiler's Notes. Former ch. 3, §§ 54-3-10154-3-106 (Acts 1917, ch. 16, §§ 1, 2; 1917, ch. 58, § 1; Shan., §§ 1720a26b1-1720a26b5; Acts 1919, ch. 149, § 12; Shan. Supp., §§ 1720a7b12, 1720a7b34-1720a7b38; Code 1932, §§ 3181, 3191-3195; Acts 1951, ch. 26, § 1; T.C.A. (orig. ed.), §§ 54-301 — 54-306), concerning federal aid, was repealed by Acts 1981, ch. 264, § 4. For current law, see § 4-3-2303.

54-3-102. Legislative intent — Conformance with statewide transportation plan — Development of alternatives — Environmental evaluation — Hearings.

  1. It is the intent of the general assembly to supplement this title by authorizing tolling as an additional and alternative method for funding or financing the development and operation of highways and appurtenant facilities or other transportation-related facilities.
  2. The development of any tollway or toll facility project by or under the authority of the department shall be in accordance with the department's long-range statewide transportation plan. The department shall specifically identify any proposed tollway or toll facility project in the transportation improvement program furnished to the general assembly in support of the commissioner's annual funding recommendations. For each tollway or toll facility project included in a transportation improvement program, there shall be submitted to the general assembly, either with the transportation improvement program upon its submission to the general assembly or prior to the submission to the general assembly, any plans, feasibility analysis and other such information as may be available that describes the proposed project, the need for the project and any other information upon which the decision of the commissioner to recommend the project was based. No further development of any such tollway or toll facility project shall occur until the commissioner's annual funding recommendations, including the proposed tollway or toll facility project, have been approved by the general assembly pursuant to the express provisions of the general appropriations act or as otherwise provided by law.
  3. The development of any tollway or toll facility project by or under the authority of the department shall consider alternatives to the project, shall consider the economic, social and environmental effects of the tollway project, and shall consider the findings of the environmental evaluation process and public comments, including comments from any metropolitan planning organization or rural planning organization, or both, in which the project is located, before developing any final construction plans for the tollway or toll facility. If the proposed project involves federal aid funding or constitutes a major federal action, the department's environmental evaluation process shall be subject, as applicable, to the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. If the proposed project does not involve federal aid funding and does not otherwise constitute a major federal action, it shall be subject to environmental evaluation and documentation in accordance with such policies and procedures as the department may establish.
  4. The development of any tollway or toll facility project by or under the authority of the department shall be subject to public hearings conducted in accordance with such procedures as the department may establish. The department shall hold the public hearings at convenient locations during the environmental evaluation of the project and prior to plans for the tollway project being finally adopted.
  5. The environmental evaluation and public hearing provisions of subsections (c) and (d) shall not apply to the authorization, sale or issuance of bonds under this chapter.

Acts 2007, ch. 597, § 3.

54-3-103. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Ancillary agreements” means contracts or agreements facilitating the issuance and sale of bonds, including contracts or agreements providing for liquidity and credit enhancement and reimbursement agreements relating to the contracts or agreements providing for liquidity and credit enhancement;
  2. “Bonds” means any bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, debentures, warrants, commercial paper, or other obligations or any other evidence of indebtedness or evidence of borrowed money issued or entered into by or on behalf of the department to finance tollway projects;
  3. “Commissioner” means the commissioner of transportation;
  4. “Department” means the state department of transportation;
  5. “Develop” or “development” means the entire process of bringing a tollway or toll facility project to completion, including, but not limited to, planning, feasibility analysis, environmental evaluation, preliminary engineering, design, acquisition of rights-of-way, relocation of utilities, permitting, environmental mitigation, contracting, funding and construction;
  6. “Hedging agreements” means interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings, or both, and other interest rate hedging agreements relating to bonds;
  7. “Operate” or “operation” means any activity associated with the management, operation and maintenance of a completed tollway project, including, but not limited to, collecting tolls; installing, repairing, or replacing equipment; maintenance, repair, or improvement of the tollway facility; the payment of debt service on bonds, amounts payable under hedging agreements and ancillary agreements and other costs related thereto; the payment of salaries, benefits and other costs of employees or employment necessary to the operation of tollways and toll facilities, including the collection of tolls and the payment of costs of operation and debt service; contracting or administering contracts related to any such activity; and the funding or financing of any such activity;
  8. “State funding board” means the state funding board established in § 9-9-101;
  9. “State tollway fund” means each separate fund established in accordance with § 54-3-105, or all such funds, as the context may require, and shall include any accounts and subaccounts in the fund or funds;
  10. “Toll” means any fee or charge for the use of a tollway or toll facility;
  11. “Toll revenue” means revenues or moneys received by the department from the collection of tolls; from any lease, concession, franchise, license, or other agreement for the right to operate all or part of a tollway, toll facility, or an appurtenant facility; and any other revenues or moneys received by the department from the operation of a tollway or toll facility;
  12. “Tollway” or “toll facility” means any highway, bridge, tunnel, parking lot or garage, and/or other paved surface or structure designed to carry or contain land transportation vehicles, or any other transportation-related facility, the development or operation of which may be wholly or partially funded or financed with toll revenues; and
  13. “Tollway project” or “toll facility project” means any capital project involving the development or operation of a tollway or toll facility.

Acts 2007, ch. 597, § 4.

54-3-104. Development and operation of tollway or toll facility projects — Funding — Setting and collecting tolls.

  1. The department is authorized to develop tollway or toll facility projects and to operate tollways or toll facilities as further provided in this chapter.
  2. In order to develop and operate tollways or toll facilities, the department may expend funds from the state tollway fund and the state highway fund, as appropriated by the general assembly, and any funds, grants, or loans received from or made available by the federal government or any other government agency that may be lawfully applied to any tollway or toll facility project.
  3. The commissioner is authorized to set tolls for the use of tollways or toll facilities, subject to any resolutions or indentures authorizing bonds. Upon or prior to the issuance of any bonds, and until such time as the bonds are no longer outstanding under the resolution or indenture providing for the issuance of the bonds, the commissioner shall prescribe and collect, or shall cause to be prescribed and collected, tolls for the use of tollways and toll facilities, and shall revise the tolls from time to time whenever necessary, to produce revenue, together with other moneys that may be available, sufficient to:
    1. Provide for all costs of operation of the tollway project or projects and toll facility project or projects, including reasonable reserves for the costs of operation; and
    2. Pay when due all bonds and interest on the bonds, obligations under hedging agreements and ancillary agreements, and other indebtedness incurred by the state for the payment of which the tolls shall have been pledged, charged or otherwise encumbered, and interest thereon, including reasonable reserves therefor.
  4. The authority to develop and operate tollways or toll facilities and to set tolls as provided in this chapter shall not apply to any highway, bridge or other transportation-related facility constructed prior to June 28, 2007, except that additional lane capacity constructed on or along an existing highway or bridge after June 28, 2007, may be developed and operated as a tollway.

Acts 2007, ch. 597, § 5.

54-3-105. Establishment of state tollway fund.

  1. The department of finance and administration is authorized to establish such funds, in the state treasury and/or with a trustee, paying agent or other custodian, as may be necessary, convenient or desirable to implement this chapter and to comply with the terms of any resolution or indenture authorizing any bonds.
  2. The following shall be credited to the state tollway fund as established in accordance with this section:
    1. All toll revenues received by the department;
    2. Any revenues or funds that the general assembly may appropriate to the state tollway fund;
    3. Any proceeds of bonds or other indebtedness incurred by the state to finance costs associated with the development of tollway projects and toll facility projects;
    4. Any funds the department may receive from the federal government or any other government agency or private entity that by grant, donation, loan, or otherwise is permitted to be deposited in the state tollway fund for the purposes of the state tollway fund; and
    5. Any interest earnings on deposits of or investments made from any funds held in the state tollway fund, unless otherwise permitted or required by a resolution or indenture authorizing bonds.
  3. At the request of the commissioner, the state funding board may pledge, encumber, transfer, or otherwise obligate funds held in the state tollway fund as security for bonds, hedging agreements, ancillary agreements or other indebtedness incurred by the state on behalf of the department for the purpose of developing and operating a tollway or toll facility, subject to any resolutions or indentures authorizing bonds or other evidences of indebtedness.
  4. The state tollway fund may be used for the following purposes:
    1. To defray costs associated with the development and operation of tollways or toll facilities authorized under this chapter;
    2. To pay the principal, interest and any premium due with respect to any bonds issued or other indebtedness incurred by the state for any tollway or toll facility project, and to pay any costs incurred by the department or state funding board in connection with the issuance and payment of the bonds or other indebtedness;
    3. To pledge as security for bonds, hedging agreements, ancillary agreements or other indebtedness incurred by the state on behalf of the department for the purpose of developing and operating a tollway or toll facility; and
    4. Any other manner that the state highway fund may be lawfully used.

Acts 2007, ch. 597, § 6.

54-3-106. Department authority — United States citizenship required for operators.

  1. In addition to such other authority to enter into contracts as may be provided by law, the department is given full authority to enter into contracts, agreements or understandings with private parties, the federal government, or other governmental agencies for the purpose of developing or operating a tollway or toll facility, or any part of a tollway or toll facility, including, but not limited to, the following:
    1. Design-build contracts with private entities pursuant to which all or part of the design, right-of-way acquisition, relocation of utilities and construction of a tollway or toll facility is accomplished by a private entity or entities on behalf of the department;
    2. Service agreements for the operation of a tollway, toll facility, or appurtenant facility; and
    3. Agreements with the federal government or other governmental agencies for the purpose of undertaking all or any part of a tollway or toll facility project.
  2. Any contracts, agreements or understandings entered into for the operation of a tollway or a toll facility shall be with a person who is a United States citizen or with a corporation, firm, partnership, or other business entity in which more than fifty percent (50%) of the equity of the corporation, firm, partnership, or other business entity is owned by a person or persons who are United States citizens.

Acts 2007, ch. 597, § 7; 2008, ch. 684, § 1.

Amendments. The 2008 amendment added (b).

Effective Dates. Acts 2008, ch. 684, § 2. April 2, 2008.

54-3-107. Rules and regulations.

The commissioner shall promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to carry out this chapter. The commissioner is given full authority to enforce the rules and regulations promulgated pursuant to this chapter.

Acts 2007, ch. 597, § 8.

54-3-108. Traffic laws — Fine for not paying toll.

  1. The traffic laws of this state, including the applicable traffic laws of any municipality through which a tollway passes, and the regulations promulgated by the commissioner in accordance with this chapter, shall govern the use of any tollway or toll facility authorized under this chapter. State and local law enforcement authorities are authorized to enforce the traffic laws and the regulations.
  2. Any person who uses a tollway facility without paying the toll required for the use of the tollway facility commits a Class C misdemeanor and is subject to a fine only of not more than fifty dollars ($50.00).

Acts 2007, ch. 597, § 9.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

54-3-109. Bonds.

  1. The state funding board is authorized to issue bonds of this state, without limitation as to amount, for the purpose of financing costs associated with the development of tollway projects and toll facility projects, as shall be requested by the commissioner. The request shall be accompanied by such information as the state funding board may require.
  2. The bonds shall be issued from time to time in such principal amounts and bearing such terms, including, but not limited to, optional or mandatory redemption prior to maturity, and may be sold in such manner, either at competitive or negotiated sale, and at such prices and subject to such terms and conditions, as shall be determined by the state funding board. The state funding board may delegate to any member of the state funding board the power to establish any such matters within parameters determined by the state funding board.
  3. The bonds shall be payable solely from and secured solely by moneys on deposit from time to time in the state tollway fund, including any proceeds of bonds as may be deposited in the state tollway fund, and shall not be a debt of, nor constitute a general obligation or pledge of the full faith and credit of, the state, except to the extent expressly provided by this section, or of any county, municipality, taxing entity or other political subdivision thereof.
  4. In case any member of the state funding board whose signature appears on any bond ceases to be a member before the delivery of the bond, that signature nevertheless shall be valid and sufficient for all purposes, the same as if the member had remained in office until delivery.
  5. With respect to all or any portion of any issue of bonds, the state funding board may authorize and enter into hedging agreements and ancillary agreements, upon request by the commissioner, under such terms and agreements as the funding board may determine, including, but not limited to, with respect to hedging agreements, provisions permitting the funding board to pay to or receive from any person or entity any loss of benefits under the agreement upon early termination of the agreement, or default under the agreement.
  6. When entering into any ancillary agreements, hedging agreements and agreements with purchasers of bonds, evidencing a transaction bearing a reasonable relationship to this state and also to another state or nation, the state funding board may agree in the written contract or agreement that the rights and remedies of the parties to the contracts and agreements shall be governed by the laws of this state, or the laws of the other state or nation; provided, that jurisdiction over the state funding board against which an action on such a contract or agreement is brought shall lie solely in the Tennessee claims commission or, if and to the extent permitted by law, a court in this state that would otherwise have jurisdiction of actions brought in contract against the state funding board.
  7. All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking and investment business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, curators, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any of the bonds, and the bonds shall be authorized security for all public deposits. Nothing contained in this subsection (g) with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.
  8. The state funding board is authorized to procure such legal and technical advice, approving opinions and financial assistance as it may consider necessary, and also to pay all necessary expenses, in connection with carrying into effect this section, all of which may be funded from proceeds of the bonds or other state indebtedness.
  9. The powers conferred by this section shall be in addition and supplementary to any other general, special or local law. No proceedings, notice or approval shall be required for the issuance of any bonds or any instrument as security for the bonds, except as may be provided in this section, any other law to the contrary notwithstanding.
  10. The proceeds of sale of the bonds shall be deposited in the state tollway fund and disbursed in accordance with law and other instruments governing the state tollway fund, but only for the purposes of this chapter.
  11. The bonds and the interest on the bonds shall be exempt from taxation by the state and by any county, municipality or taxing entity of the state, except for inheritance, transfer and estate taxes.
  12. A resolution authorizing bonds may provide that the bonds contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and the regularity of their issuance. The validity of the authorization and issuance of bonds shall not be dependent on or affected in any way by proceedings taken for, or contracts or agreements made in connection with, the development of tollway projects or toll facility projects.
  13. When any bonds are paid and discharged, they shall be cancelled and the cancelled bonds retained and made available for examination in annual audits. The state funding board may, by resolution, authorize and direct the paying agent for the bonds or other person in possession of bonds to destroy all bonds duly paid and cancelled; provided, that the bonds paid and cancelled during any fiscal year may be destroyed only after the fiscal audit of the state covering the fiscal year has been completed. The paying agent or other person in possession of the bonds shall furnish a certified list of bonds duly paid and cancelled showing, for each issue of bonds the bond number, amount, date paid and such additional information as the state funding board may require. This subsection (m) shall be in addition to any other law. Where this subsection (m) is in conflict with other law, this subsection (m) shall prevail.
  14. In order to secure the payment of the principal of and interest on the bonds, and the payment of obligations under any ancillary agreements and hedging agreements, including obligations for termination or other nonperiodic payments, or in connection with such bonds or agreements, the state funding board shall have the power to:
    1. Pledge all or any part of the toll revenues, or other moneys on deposit in the state tollway fund, or any rights to receive the revenues and moneys, to the punctual payment of the principal of and interest on the bonds and obligations under any such agreements, and covenant against thereafter pledging any such toll revenues or other monies to any other bonds or obligations. It is intended that the Perfection, Priority and Enforcement of Public Pledges and Liens Act, compiled in title 9, chapter 22, shall apply to the pledge;
    2. Covenant as to establishment and maintenance and collection of tolls;
    3. Provide for the terms, form, payment, registration, exchange, execution and authentication of the bonds in a manner not inconsistent with this section, which may include the appointment of paying agents, registrars and authenticating agents within or without the state;
    4. Covenant as to the use and disposition of the proceeds from the sale of the bonds in a manner not inconsistent with this chapter;
    5. Covenant as to limitations on the issuance of additional obligations to finance tollway projects or toll facility projects and on the lien on toll revenues or other moneys for the payment and security of the additional obligations;
    6. Covenant as to the amount and kind of insurance to be maintained on tollway projects and toll facility projects, and the use and disposition of insurance moneys;
    7. Covenant as to the operation of tollway projects and toll facility projects;
    8. Covenant to set aside or pay over reserves and sinking funds for the bonds and as to the disposition of the reserves and sinking funds;
    9. Redeem the bonds, and covenant for their redemption and to provide the terms and conditions of the redemption;
    10. Covenant as to books of account, as to the inspection and audit of the books of account, and as to the accounting methods;
    11. Covenant as to the investment of moneys on deposit in the state tollway fund;
    12. Covenant and prescribe as to what occurrences shall constitute events of default and the terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which the declaration and its consequences may be waived;
    13. Covenant as to the rights, remedies, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation;
    14. Make such covenants and do any and all such acts and things as may be necessary, convenient or desirable in order to secure the bonds, or in the discretion of the state funding board, to make the bonds more marketable, notwithstanding that the covenants, acts or things may not be enumerated in this section, it being the purpose of this section to give the state funding board power to do all things in the issuance of the bonds and for their security that may be consistent with the Tennessee constitution;
    15. Vest in a trustee or trustees, which may be located within or without the state, powers and duties, including the right to enforce any covenants made to secure, or to pay, the bonds, limitations on liabilities, and the terms and conditions upon which the holders of the bonds or any portion or percentage of them may enforce any covenants under the bonds or duties imposed by the bonds;
    16. Prescribe a procedure by which the terms of any resolution authorizing bonds, or any other contract with bondholders, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated and as to the amount of bonds the holders of which must consent to the amendment or abrogation, and the manner in which the consent must be given;
    17. Covenant and provide for the discharge and satisfaction and defeasance of all or any part of bonds and the indebtedness evidenced by the bonds; and
    18. Execute all instruments and perform such other acts as are necessary, convenient or desirable in the exercise of the powers granted in this section, or in the performance of the covenants or duties of the funding board.
  15. Nothing in this chapter shall be construed so as to impair the obligation of any contract made by the state upon any bonds, hedging agreements and ancillary agreements. The state covenants and agrees with the holders of the bonds that so long as the bonds are outstanding and unpaid, the state shall not limit or alter the rights and obligations of the state funding board and the commissioner under this section to prescribe, maintain and revise tolls and apply the toll revenues and other moneys on deposit in the state tollway fund, including the continuing appropriation thereof, as provided in this chapter.

Acts 2007, ch. 597, § 10.

54-3-110. Appropriations of the state funding board.

By authorizing the issuance of bonds, hedging agreements and ancillary agreements which are not a liability of the state, payable other than from toll revenues and other moneys on deposit in the state tollway fund, the general assembly intends that such authorizations shall constitute:

  1. A direct and continuing appropriation to the state funding board of the toll revenues and other moneys on deposit in the state tollway fund from time to time and to the state funding board a sum sufficient from the state tollway fund to satisfy obligations under the bonds and the resolutions or indentures authorizing the bonds, under hedging agreements, and under ancillary agreements; and
  2. The authority to expend those funds in accordance with this chapter, subject to any resolutions or indentures authorizing bonds.

Acts 2007, ch. 597, § 11.

54-3-111. State immunity.

Nothing in this chapter shall be construed as either waiving the immunity of the state from suit or as extending its consent to be sued.

Acts 2007, ch. 597, § 12.

54-3-112. Liberal construction.

In order to effectuate the purposes and policies prescribed in this chapter, this chapter shall be liberally construed.

Acts 2007, ch. 597, § 13.

54-3-113. Pilot program.

  1. This chapter shall be initially limited to a pilot program, as further provided in this section, to be conducted for the purpose of evaluating the feasibility of tolling as an additional method for funding the development of highways or other transportation-related facilities.
  2. The pilot program created by this chapter shall be limited to the following:
      1. One (1) new highway project, including any bridges and other structures that may be necessary to complete the project; and
      2. One (1) major bridge project crossing a major river, together with any related highway facilities and structures needed to complete the project and give it logical termini; or
    1. Two (2) new highway projects, including any bridges and other structures that may be necessary to complete each project; or
    2. Two (2) major bridge projects crossing a major river, together with any related highway facilities and structures needed to complete each project and give it logical termini.
  3. It is the intent of the general assembly that the department shall proceed to identify and initiate the development of these pilot projects as soon as reasonably practical.
    1. No pilot project shall be developed until the department conducts one (1) or more public hearings for the specific purpose of receiving public comments concerning tolling as an alternative means of funding or financing bridges or highways within the state and until the department submits a written report, reviewing the public comments, to the chairs of the finance, ways and means committees of the senate and of the house of representatives and to the chairs of the transportation and safety committee of the senate and transportation committee of the house of representatives.
    2. No pilot project shall be developed by the department without the prior approval of the general assembly as provided in § 54-3-102(b).
  4. The department shall not develop any tollway project or toll facility project that is not within the pilot program created in this section until after the general assembly has expressly authorized the department to proceed with additional tollway projects and toll facility projects.

Acts 2007, ch. 597, § 16; 2009, ch. 54, § 1; 2013, ch. 236, § 90; 2013, ch. 308, §§ 7, 25.

Amendments. The 2009 amendment, in the introductory language of (b), substituted “the following” for “no more than two (2) projects, as follows”; redesignated former (b)(1) and (b)(2) as present (b)(1)(A) and (b)(1)(B), respectively; in present (b)(1)(A), substituted “One (1) new highway project” for “A new highway project”; in present (b)(1)(B), substituted “One (1) major bridge project” for “A major bridge project”; and added present (b)(2) and (b)(3).

The 2013 amendment by ch. 236 substituted “the chairs of the transportation and safety committee of the senate and transportation committee of the house of representatives” for “the chairs of the transportation committees of the senate and of the house of representatives” at the end of (d)(1).

The 2013 amendment by ch. 308 deleted the second sentence in (c) which read: “It is further the intent of the general assembly that, to the extent feasible, consistent with legal requirements and available funding, that the department proceed with such development with the goal that at least one (1) of the pilot projects shall be ready to proceed to contract for design and construction, or separate contracts for design and construction, as appropriate, within five (5) years after June 28, 2007.”; and, in (e), deleted the first two sentences which read: “The department shall evaluate the progress of the pilot program and shall provide a written report of the evaluation to the general assembly on or before January 1, 2009. The written report shall contain such information as required by § 54-3-102(b).” and deleted “this report has been submitted to the general assembly and” following “until after”.

Effective Dates. Acts 2009, ch. 54, § 2. April 14, 2009.

Acts 2013, ch. 236, § 94. April 19, 2013.

Acts 2013, ch. 308, § 46. July 1, 2013.

Chapter 4
State Funds for Local Aid

Part 1
County Aid Funds

54-4-101. Source — Payment — Use.

  1. All state moneys appropriated or allotted for the maintenance and improvement of county systems shall be known as county aid funds, to be paid over by the commissioner of finance and administration to the trustees of the several counties in the proportion directed in § 54-4-103, to be used by the county highway authorities in building or maintaining, or both, county roads and bridges; provided, that any county highway may be taken over and constructed, improved or maintained as a hard surface road by the department of transportation out of its own funds.
  2. Any county has the power and authority by resolution of the governing body of the county, to pledge county aid funds to the punctual payment of principal of and interest on bonds, notes or other evidence of indebtedness issued for the purpose of building, maintaining or improving county roads and bridges, but only after receiving in writing the concurrence of the current superintendent of roads to pledge county aid funds to a bond issue.

Acts 1931, ch. 45, § 1; C. Supp. 1950, § 3291.1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-401; Acts 1987, ch. 176, § 1.

Cross-References. Pledge of sales and use tax proceeds for county purposes, § 67-6-712.

Attorney General Opinions. Inability of county to use gas tax funds to maintain municipal roads and bridges, OAG 99-166 (8/19/99).

Comparative Legislation. State funds for local aid:

Ala.  Code § 23-1-100 et seq.

Ark.  Code § 27-72-101 et seq.

Ga. O.C.G.A. § 32-5-1 et seq.

Ky. Rev. Stat. Ann. § 178.150.

Miss.  Code Ann. § 65-9-1 et seq.

Mo. Rev. Stat. § 231.450 et seq.

N.C. Gen. Stat. § 136-66.1.

Va. Code § 33.1-23.01 et seq.

Cited: Rogers v. Sain, 679 S.W.2d 450, 1984 Tenn. App. LEXIS 2968 (Tenn. Ct. App. 1984).

NOTES TO DECISIONS

1. Control of Automobile Revenue.

Private Acts 1935, ch. 6, applicable to Moore County by reference to the federal census, which diverted all automobile revenue distributable to the county from the control of the bureau of highways (now department of transportation) to the control and direction of 11 district road overseers provided for in such act, was contrary to the general law allocating such revenue to the county subject to the condition that its expenditure shall be under the direction and control of the bureau of highways (department) for the purpose of creating a system of intersecting county and state highways and for this reason was discriminatory and void. Wiseman v. Smith, 170 Tenn. 293, 95 S.W.2d 42, 1935 Tenn. LEXIS 135 (1936).

2. County Revenue After Payment to Trustee.

Where a county's prorated share of the gasoline tax is paid to the county trustee, the county's share of the tax so paid becomes county revenue. Hassell v. Walters, 170 Tenn. 206, 93 S.W.2d 1268, 1935 Tenn. LEXIS 128 (1936).

The funds paid over to the county as county aid funds under this section for the maintenance and improvement of county roads are county revenue for a county purpose so that under § 8-11-110 the county trustee is entitled to a commission of one percent thereon as funds received from or through a collecting officer. State v. Miner, 176 Tenn. 158, 138 S.W.2d 766, 1938 Tenn. LEXIS 148 (1940).

3. Control of County Aid Fund.

Private Acts 1935, ch. 333, which affects Wayne County in its governmental capacity, not by internal control of the county government, but by transference of control to the state director of highways (now commissioner of transportation), and depriving the county of control over county revenues, contravenes this section and is invalid. Hassell v. Walters, 170 Tenn. 206, 93 S.W.2d 1268, 1935 Tenn. LEXIS 128 (1936).

Private Acts 1935, ch. 6, which diverts all the automobile revenue distributable to a certain county from the control of the bureau of highways (now department of transportation) to the control and direction of each of the 11 district road overseers provided for in the act, contrary to the purpose expressed in the general law pertaining to highways, is discriminatory and void. Wiseman v. Smith, 170 Tenn. 293, 95 S.W.2d 42, 1935 Tenn. LEXIS 135 (1936).

These sections and Private Acts 1933, ch. 26, when construed in pari materia, are not inconsistent with each other, and the county road commission has power under the private acts to handle the county aid fund derived from gasoline tax, unless the county legislative body directs that such fund be expended by the bureau of highways (now department of transportation) and the private act does not impliedly repeal these sections. Crockett County v. Walters, 170 Tenn. 337, 95 S.W.2d 305, 1935 Tenn. LEXIS 141 (1936).

Collateral References. 39 Am. Jur. 2d Highways, Streets, and Bridges § 140 et seq.

40 C.J.S. Highways § 176.

Highways 97.1 et seq.

54-4-102. Liability for unauthorized expenditures.

  1. Any county official or person who authorizes, directs or permits the expenditure of county aid funds for any purpose, except those authorized by this part, shall be personally liable for any unauthorized expenditure of the funds.
  2. Officials or persons violating this section in concert with others shall be jointly and severally liable.

Acts 1931, ch. 45, § 2; C. Supp. 1950, § 3291.2; Acts 1972, ch. 708, § 1; T.C.A. (orig. ed.), § 54-402; Acts 1981, ch. 366, § 7; 1981, ch. 418, § 4.

Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Airplanes and Airports, § 5.

Law Reviews.

Preferences, Priorities, and Powers of the State in the Collection of Delinquent Revenue: Tennessee's Tax Enforcement Procedures Act (Donald J. Serkin), 8 Mem. St. U.L. Rev. 707.

NOTES TO DECISIONS

1. Aviation Gasoline Storage.

Code Supplement 1950, § 2726.48 (Williams, § 2726.37) (repealed) providing that amount of gasoline tax equal to seven cents per gallon on motor fuel sold for aviation purposes at airports and landing fields within the state was to be placed to the credit of the bureau of aeronautics (now department of transportation) and distributed in accordance with that statute did not apply to tax collected for privilege of storage of aviation gasoline within the state, and counties were entitled to allocation under this section of their share of tax on gasoline so stored. Nashville v. Gibson County, 201 Tenn. 216, 298 S.W.2d 540, 1956 Tenn. LEXIS 165 (1956).

Counties were not estopped by laches from objecting to distribution of gasoline tax collected on privilege of storage of aviation gasoline in the state in accordance with provisions of Code Supplement 1950, § 2726.48 (Williams, § 2726.37) (repealed) which related solely to distribution of motor fuel sold at airports and landing fields for aviation purposes where there was no stipulation that counties knew or agreed to such allocation. Nashville v. Gibson County, 201 Tenn. 216, 298 S.W.2d 540, 1956 Tenn. LEXIS 165 (1956).

54-4-103. Distribution of funds — Resolution directing expenditure — Bond of officer handling — Compensation of trustee — Final disposition of fund.

    1. The county aid funds shall be divided and distributed to the various counties of the state as follows: fifty percent (50%) of the fund shall be distributed equally among the ninety-five (95) counties of the state, and fifty percent (50%) of the balance shall be distributed among the ninety-five (95) counties on the basis of area and fifty percent (50%) on basis of population, as of the most recent federal census or by special census pursuant to § 9-16-101, and shall be paid over monthly by the commissioner of finance and administration to the various county trustees, to be used by the county highway authorities in the building, repairing and improvement of county roads and bridges or for the funding of mass transit systems; provided, that the county legislative body of any county may at any regular term, by resolution passed by a majority of the members composing the membership of the body, and spread upon the minutes of the body, direct the department of transportation to expend the county's pro rata share of the fund on county highways and bridges designated by resolutions passed from time to time by the county legislative body. In the event the department of transportation is directed to expend the county's pro rata share of the funds, by resolution conforming to the requirements of this subdivision (a)(1), but thereafter the county legislative body and the county highway department are unable to agree on a designation of the roads and bridges on which the funds are to be expended, then the department of transportation shall expend the funds on the county roads and bridges in the county designated by the commissioner. Nothing in this part shall affect the rights or duties now imposed by law on counties having a board of county commissioners in expending funds derived from taxes levied exclusively within and by the county.
    2. “Mass transit systems,” as used in this section, includes, but is not limited to, services also funded under § 18 of the federal Urban Mass Transportation Act of 1964, as amended, and administered by the department.
    1. The trustee of each and every county of the state to which any of this fund is allotted and paid shall receive one percent (1%) of the fund when the allotment for that county has been paid out, as compensation for receiving and disbursing the fund, to be collected and at the times and in the manner that compensation is paid to the trustee for receiving and paying out the general funds belonging to the county, except that when the funds have been turned over to the department of transportation to be expended on the county highways as provided in this section, the funds shall not be turned over to the trustee of the county by the commissioner of finance and administration or the department, but shall be kept and retained by the department and expended on the roads in the same way that this section and §§ 54-4-101 and 54-4-102 require it to be expended; and during the time the funds are retained and expended by the department, neither the department of transportation nor the trustee of the county to which they belong shall be entitled to any compensation out of the funds, but all of the funds shall be expended on or with relation to the public highways in the county.
    2. At any time after the expiration of twelve (12) months from the passage of any resolution by the county legislative body turning the funds over to the department of transportation to be expended on the roads of the county, the county legislative body of the county may, at any regular session of the county legislative body, by resolution adopted by a majority of all the members composing that body and spread on the minutes of the body, direct the department of transportation to turn back to the county all the funds in its hands belonging to the county, to be thereafter expended by the county highway authorities on its county roads, as provided for by this section and §§ 54-4-101 and 54-4-102; provided, that at any regular session of the county legislative body within the twelve-month period, the body may pass a resolution to take effect at the end of the twelve-month period.
    3. During the time the department of transportation is given the expenditure of the funds, it shall not be permitted to obligate this fund by contract or otherwise, beyond the amount of the funds reasonably expected to be received for three (3) months immediately following the contract or obligation, and in no event, beyond the period fixed in the recalling resolution for the return of the funds to the county.
    4. Upon receipt of a certified copy of the resolution, it shall be the duty of the department, within twenty (20) days after the receipt of the copy of the resolution, to pay out of the funds in its hands any unpaid indebtedness created by it due to be paid out of this fund, and to pay the balance of the funds in its hands over to the trustee of the county.
    5. Upon receipt of a certified copy of the resolution, it also shall be the duty of the state to thereafter pay over to the trustee of the county any and all funds allotted to that county from the gasoline tax that have not at that time been paid over to the department of transportation, or that may thereafter be allotted to the county.
  1. Any person vested by law with the authority to administer county highway and bridge funds shall furnish an official bond in the amount of one hundred thousand dollars ($100,000), or in a greater sum as the county legislative body may determine. The bond shall be prepared in accordance with title 8, chapter 19, approved by the county legislative body, recorded in the office of the county register of deeds, and transmitted to the office of the county clerk for safekeeping.
  2. Before distributing to the counties any of the revenues mentioned in this section, the commissioner of finance and administration shall make a monthly deduction from the revenues of twenty-eight thousand two hundred fifty dollars ($28,250), which sum, together with an appropriation per annum from the general fund of the state, shall be apportioned and transmitted to the University of Tennessee for use by the university in operating the county technical assistance service (CTAS) in its institute for public service (IPS) as provided by § 49-9-402.
  3. No more than twenty-two and twenty-two one hundredths percent (22.22%) of funds in the county aid fund may be expended for the purpose of funding mass transit.

Acts 1931, ch. 45, § 3; 1937, ch. 152, § 1; 1945, ch. 179, § 1; C. Supp. 1950, § 3291.3; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 829, § 7; Acts 1972, ch. 841, §§ 1-4; impl. am. Acts 1973, ch. 303, §§ 1, 4, 6; Acts 1977, ch. 40, § 1; 1977, ch. 270, § 21; 1978, ch. 497, § 1; 1978, ch. 806, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-403; Acts 1980, ch. 484, § 1; impl. am. Acts 1981, ch. 264, § 12; Acts 1981, ch. 366, § 8; 1981, ch. 418, § 5; 1990, ch. 822, § 1; 1998, ch. 677, § 17; 2012, ch. 974, § 1.

Compiler's Notes. Section 18 of the Federal Urban Mass Transportation Act of 1964, referred to in this section, was codified as 49 U.S.C. § 1614 and was repealed in 1994 by P.L. 103-272; however, the subject matter formerly covered in this section is now covered generally in 49 U.S.C. §§ 5301 et seq.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2012, ch. 974, § 6 provided that the act, which amended subsection (c), shall apply to the renewal or obtaining of an official bond for any bonding after May 10, 2012.

Amendments. The 2012 amendment substituted “office of the county clerk” for “comptroller of the treasury” at the end of (c).

Effective Dates. Acts 2012, ch. 974, § 6. May 10, 2012.

Law Reviews.

Baker v. Carr — Malapportionment in State Governments Becomes a Federal Constitutional Issue, 15 Vand. L. Rev. 985.

Attorney General Opinions. Use of gasoline tax revenues to fund municipal mass transit systems, OAG 95-094 (9/15/95).

Inability of county to use gas tax funds to maintain municipal roads and bridges, OAG 99-166 (8/19/99).

Cited: Hendon v. Oody (In re Oody), 249 B.R. 482, 2000 Bankr. LEXIS 637 (Bankr. E.D. Tenn. 2000).

NOTES TO DECISIONS

1. County Revenue on Payment to County.

Provision that the equivalent of two cents of the state gasoline tax is to be prorated and distributed to the several counties of the state for use by county authorities in building and maintaining county roads and bridges and that left control of the expenditures to the county authorities affects the counties in a proprietary and not a strictly governmental capacity and such funds become county revenue. Hassell v. Walters, 170 Tenn. 206, 93 S.W.2d 1268, 1935 Tenn. LEXIS 128 (1936).

2. Unlawful Payment out of Fund.

Private act that allowed a portion of county aid fund in particular county to be applied on outstanding bonds of particular county violated Tenn. Const., art. XI, § 8. Hill v. Snodgrass, 167 Tenn. 285, 68 S.W.2d 943, 1933 Tenn. LEXIS 38 (1934).

3. Control of Fund.

Private Acts 1935, ch. 333, which by reference to the federal census took gasoline tax fund given over to the control of the counties from Wayne County and placed the same under control of department of highways (now department of transportation), with authority by the department to appoint a county road supervisor authorized to select the roads, highways and bridges upon which such funds should be expended was contrary to Tenn. Const., art. XI, § 17 in that it created a county office to be filled other than by the (former) county court or the people of the county and was contrary to Tenn. Const., art. XI, § 17 in that it withdrew from the county a benefit conferred by general law and deprived it of control of its gasoline tax revenue which by statute was county revenue. Hassell v. Walters, 170 Tenn. 206, 93 S.W.2d 1268, 1935 Tenn. LEXIS 128 (1936).

Private Acts 1935, ch. 710, which took control of gasoline tax fund given over to the control of the counties by statute from the control of one particular county and gave such fund over to the control of department to be expended on roads and bridges of such county by the state without any control by the county amounted to the suspending of a general law in such a way that such county was deprived of a privilege accorded the other counties of the state of expending the funds allotted it as they saw fit and was void as being in violation of Tenn. Const., art. I, § 8 and art. XI, § 8 which inhibit partial class legislation. Benton County v. Plunk, 170 Tenn. 253, 94 S.W.2d 389, 1936 Tenn. LEXIS 10 (1936).

Where Private Acts 1933, ch. 26, provided that county road commission of Crockett County created by such act should have exclusive power and authority to make expenditures of county road funds or road money the funds to be paid into the hands of the county trustee and by him placed to credit of the county road account to be drawn out of the account only by a road warrant drawn and payable only out of such funds and properly signed by county chair or judge of such county, such act must be construed as being in pari materia with §§ 54-4-10154-4-104 and not as repealing such sections by implication, as there was nothing in the act of 1933 limiting the power of the (former) county court of Crockett County to turn the funds over to the state as provided by this section but rather the act of 1933 must be construed as giving the county highway commissioners control of the gas tax funds and other funds until the county court acts. Crockett County v. Walters, 170 Tenn. 337, 95 S.W.2d 305, 1935 Tenn. LEXIS 141 (1936).

A resolution of the former quarterly county court of Pickett County directing that the county's portion of the gasoline tax be turned over to the state department of highways “to be expended by them for a period of 12 months” but that made no direction for its employment and that placed no restriction on its use was void and the county could maintain suit to recover such funds. Robbins v. Phillips, 175 Tenn. 568, 136 S.W.2d 507, 1939 Tenn. LEXIS 76 (1940).

54-4-104. Claims paid out of fund.

In the event the task of administering a county's pro rata share of the county aid fund is placed on the department of transportation by resolution as provided in § 54-4-103, and, in carrying on the work on the county roads and bridges, an employee or other person is injured or killed or property damage caused so as to render the department liable to an award of the board of claims, then the award shall be paid out of the county's pro rata share of the county aid fund, regardless of whether the funds are being administered by the department on the date of the award.

Acts 1931, ch. 45, § 3-A, as added by Acts 1945, ch. 179, § 2; C. Supp. 1950, § 3291.4 (Williams, § 3291.3b); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-404; Acts 1981, ch. 264, § 12.

Cited: In re Nipper, 243 B.R. 33, 1999 Bankr. LEXIS 1687 (Bankr. E.D. Tenn. 1999).

54-4-105. Salary of trustee not increased.

Nothing in § 54-4-103 shall be construed to increase the salary of trustees of the counties beyond that fixed by any salary law.

Acts 1937, ch. 152, § 2; C. Supp. 1950, § 3291.6 (Williams, § 3291.3a); T.C.A. (orig. ed.), § 54-405.

Cited: In re Nipper, 243 B.R. 33, 1999 Bankr. LEXIS 1687 (Bankr. E.D. Tenn. 1999).

Part 2
Municipal Aid Funds

54-4-201. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Municipal street aid fund” means the funds provided for municipalities by §§ 67-3-901 and 67-3-905;
  2. “Municipality” means any incorporated city or incorporated town charged with the duty of constructing and maintaining streets within its corporate boundaries;
  3. “Street” includes streets, highways, avenues, boulevards, publicly owned rights-of-way, bridges, tunnels, public parking areas or other public ways dedicated to public use and maintained for general public travel lying within a municipality's corporate boundaries; and
  4. “Street improvements” means construction, reconstruction, improvement and maintenance of streets, including paving, repaving, grading and drainage, repairs, cleaning, acquisition and maintenance of rights-of-way, extension and widening of existing streets, elimination of railroad grade crossings, acquisition or lease or lease/purchase of trucks or other equipment necessary in the construction and maintenance of streets, including the purchase, construction or leasing of facilities to store the equipment, street lighting, signage and other traffic control devices, and administrative and other necessary expenses, including labor and employee benefits, in connection with the street improvements.

Acts 1953, ch. 1, § 1 (Williams, § 3407.20); T.C.A. (orig. ed.), § 54-406; Acts 1981, ch. 366, § 9; 1981, ch. 418, § 6; 1993, ch. 178, § 1; 2009, ch. 530, § 98.

Amendments. The 2009 amendment substituted “§§ 67-3-901 and 67-3-905” for “§§ 67-3-617 and 67-3-812” at the end of the definition of “municipal street aid fund”.

Effective Dates. Acts 2009, ch. 530, § 133. June 25, 2009.

Comparative Legislation. State funds for local aid:

Ala.  Code § 23-1-100 et seq.

Ark.  Code § 27-72-101 et seq.

Ga. O.C.G.A. § 32-5-1 et seq.

Ky. Rev. Stat. Ann. § 178.150.

Miss.  Code Ann. § 65-9-1 et seq.

Mo. Rev. Stat. § 231.450 et seq.

N.C. Gen. Stat. § 136-66.1.

Va. Code § 33.1-23.01 et seq.

Cited: Chapman v. Sullivan County, 608 S.W.2d 580, 1980 Tenn. LEXIS 511 (Tenn. 1980).

Collateral References. Highways 97.1 et seq.

54-4-202. [Repealed.]

Compiler's Notes. Former § 54-4-202 (Acts 1953, ch. 1, § 2; T.C.A. (orig. ed.), § 54-407), concerning appropriations available for monthly deposit into the municipal street aid fund, was repealed by Acts 1981, ch. 366, § 10 and Acts 1981, ch. 418, § 7.

54-4-203. Distribution of funds — Basis — Special census.

  1. Funds in the municipal street aid fund shall be distributed to eligible municipalities within the state monthly by the commissioner of finance and administration, or other official now or hereafter charged with the duty of allocating or distributing state funds, in proportion as the population of each municipality bears to the aggregate population of all municipalities according to the 1950 federal census or any subsequent federal census; provided, that, in the case of any area annexed to a municipality subsequent to the latest federal decennial census, the municipality may have a special census within the annexed area taken by the federal bureau of the census or in a manner directed by and satisfactory to the department of economic and community development, in which case the population of the municipality shall be revised and increased in accordance with the special census for purposes of distributing the funds, effective on the next July 1 following the certification of the census results to the commissioner of finance and administration; and provided, further, that the aggregate population of all municipalities used as a base for calculating the distribution shall be adjusted in accordance with the special census, effective on the next July 1 following the certification of the census results to the commissioner. Any eligible municipality incorporated after the last federal decennial census may likewise have a special census taken, and shall share in the distribution of the municipal street aid fund beginning on the next July 1, following certification of the census results to the commissioner. The aggregate population shall likewise be adjusted in accordance with the special census, effective on the next July 1 following the certification of the census results to the commissioner.
  2. Any municipality shall have the right to take not more than four (4) special censuses at its own expense at any time during the interim between the regular decennial federal census. The right shall include the current decennium. The census shall be taken by the federal bureau of the census, or in a manner directed by and satisfactory to the department of economic and community development. The population of the municipality shall be revised in accordance with the special census for purposes of distribution of funds, effective on the next July 1, following the certification of the census results by the federal bureau of the census or the department of economic and community development to the commissioner of finance and administration. The aggregate population shall likewise be adjusted in accordance with the special census, effective on the next July 1, following the certification of the census results by the federal bureau of the census or the department of economic and community development to the commissioner of finance and administration; provided, that any other special census of the entire municipality taken in the same manner provided in this section, under any other law, shall be used for the distribution of the funds, and in that case, no additional special census shall be taken under this section.
  3. Notwithstanding subsections (a) and (b), a premiere tourist resort city, defined as a municipality having a population of one thousand one hundred (1,100) or more persons, according to the 1980 federal census or any subsequent federal census, and in which at least forty percent (40%) of the assessed valuation, as shown by the tax assessment rolls or books of the municipality, of the real estate in the municipality consists of hotels, motels, tourist court accommodations or tourist shops and restaurants, shall be considered a city with a population of ten thousand nine hundred forty-five (10,945) for purposes of distribution of funds under this section.

Acts 1953, ch. 1, § 3 (Williams, § 3407.22); Acts 1957, ch. 362, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 542, § 15; Acts 1974, ch. 514, § 1; T.C.A. (orig. ed.), § 54-408; Acts 1981, ch. 366, § 6; 1984, ch. 708, § 1; 1995, ch. 135, § 1; 2011, ch. 350, § 1.

Compiler's Notes. For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2011 amendment substituted “four (4) special censuses” for “three (3) special censuses” in the first sentence of (b).

Effective Dates. Acts 2011, ch. 350, § 4. May 30, 2011.

Cross-References. Special census by counties, § 9-16-101.

54-4-204. State street aid fund — Funding mass transit.

  1. Except as provided in subsection (f), each municipality shall keep all funds received from the municipal street aid fund in a separate fund designated as the state street aid fund” and may expend the funds only for one (1) or more of the following purposes:
    1. Street improvements;
    2. Principal of and interest on bonds or other indebtedness incurred to pay for street improvements issued after February 19, 1953. The funds may be specifically pledged as security for the bonds or other indebtedness;
    3. The municipality's part of the cost of acquiring rights-of-way for approaches to bridges and tunnels;
    4. To pay the city's part of the cost of grade eliminations on streets and highways, including state and federal highways; and
    5. Not to exceed one third (1/3) of the total costs of rights-of-way for state or federal highways within the municipality's corporate boundaries.
  2. A municipality, in its discretion, may use the funds to pay for street improvement work by the department of transportation or by a county highway or road department or by another municipality, performed under an agreement with the state, county or municipality.
  3. Each municipality shall keep records of receipts into and expenditures from its state street aid fund, in accordance with sound municipal accounting practices, and shall have made an audit at the end of each fiscal year of the accounts of the fund by a certified public accountant, or a public accountant unless otherwise provided by law, and shall submit one (1) certified copy of the audit to the comptroller of the treasury to be reviewed for compliance with this part and minimum standards for municipal audits prescribed by the comptroller of the treasury.
    1. All purchases made with state street aid funds by a municipality shall be made in conformity with public advertisement and competitive bidding laws applicable to the particular municipality.
    2. Nothing in subdivision (d)(1) shall be interpreted as requiring any municipality to employ a licensed engineer to prepare bid specifications and estimates.
  4. Notwithstanding any other law to the contrary, funds in the municipal street aid fund may be expended by municipalities receiving the funds for the purpose of funding mass transit systems. No more than twenty-two and twenty-two one hundredths percent (22.22%) of the funds may be used for the purpose of funding mass transit.
  5. Upon written request of a municipality, the comptroller of the treasury may authorize that funds received from the municipal street aid fund may be kept and accounted for in the general fund of the municipality; provided, that revenues and expenditures related to funds received from the municipal street aid fund shall be accounted for separately in the general fund in a manner that allows identification of the source of revenue and the expenditures related to the revenue.

Acts 1953, ch. 1, § 4 (Williams, § 3407.23); impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 212, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-409; Acts 1980, ch. 881, § 2; impl. am. Acts 1981, ch. 264, § 12; Acts 1981, ch. 366, § 6; 1985, ch. 173, §§ 1, 2; 1995, ch. 31, § 1; 1996, ch. 611, § 1.

54-4-205. Unlawful expenditures a misdemeanor — Liability.

It is a Class C misdemeanor for any municipal official or employee to authorize, direct or permit the expenditure of the funds for any purpose, except those authorized by this part. Any municipal official or employee who violates this section shall be personally liable for any unauthorized expenditure of the funds.

Acts 1953, ch. 1, § 5 (Williams, § 3407.24); T.C.A. (orig. ed.), § 54-410; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Part 3
Metropolitan Government Aid Funds

54-4-301. Counties to keep one fund.

Those counties having a metropolitan form of government shall keep all funds received under this chapter in one (1) fund to be used for the purposes set out in this chapter.

Acts 1977, ch. 139, § 1; T.C.A., § 54-411.

Comparative Legislation. State funds for local aid:

Ala.  Code § 23-1-100 et seq.

Ark.  Code § 27-72-101 et seq.

Ga. O.C.G.A. § 32-5-1 et seq.

Ky. Rev. Stat. Ann. § 178.150.

Miss.  Code Ann. § 65-9-1 et seq.

Mo. Rev. Stat. § 231.450 et seq.

N.C. Gen. Stat. § 136-66.1.

Va. Code § 33.1-23.01 et seq.

Collateral References. Highways 97.1 et seq.

54-4-302. Construction of chapter.

Nothing in this chapter shall be construed to require those counties having a metropolitan form of government to keep separate from each other the funds received under this chapter, to keep separate accounting of the funds or to spend the funds in a particular service district.

Acts 1977, ch. 139, § 1; T.C.A., § 54-411.

Part 4
State-Aid Highway System

54-4-401. Establishment of system.

The commissioner is authorized to establish a state-aid highway system in cooperation with local officials.

Acts 1983, ch. 320, § 2; T.C.A., § 54-6-201.

Cited: Austin v. State, 796 S.W.2d 449, 1990 Tenn. LEXIS 299 (Tenn. 1990).

Comparative Legislation. State funds for local aid:

Ala.  Code § 23-1-100 et seq.

Ark.  Code § 27-72-101 et seq.

Ga. O.C.G.A. § 32-5-1 et seq.

Ky. Rev. Stat. Ann. § 178.150.

Miss.  Code Ann. § 65-9-1 et seq.

Mo. Rev. Stat. § 231.450 et seq.

N.C. Gen. Stat. § 136-66.1.

Va. Code § 33.1-23.01 et seq.

Collateral References. Highways 90 et seq.

54-4-402. Powers and duties of commissioner.

  1. The commissioner has full power, and it is made the duty of the commissioner, after consultation with local officials, to designate those highways and roads that are considered of sufficient importance to be included in the state-aid highway system. In the selection and designation of highways and roads as part of the state-aid highway system, the commissioner shall consider any highways and roads that are not a part of the state highway system, the number of miles of highways and roads in each county, and the area and population of each county, traffic volume, type of traffic, land use, and function that each route serves in the county road network.
  2. After consulting with local officials, the commissioner may make adjustments in the system that appear to be necessary as a result of any change in local conditions and traffic patterns as shown by studies and data of the planning division of the department.
  3. The commissioner is authorized to lease to local officials any equipment of the department.

Acts 1983, ch. 320, §§ 2, 3; T.C.A., § 54-6-202.

54-4-403. Annual program of work.

When the state-aid highway system has been designated as provided in § 54-4-402, the local authorities having authority over the selected roads shall submit an annual program to the department specifying the type of work to be performed in the local entity on the state-aid highway system. The types of qualifying work may include the planning, engineering, right-of-way acquisition, construction, improvement, and rehabilitation of roads and bridges. Upon approval of this annual program by the commissioner, within the funds allocated for the local agency, the program of work shall be carried out as provided in this part.

Acts 1983, ch. 320, § 2; T.C.A., § 54-6-203.

Textbooks. Tennessee Jurisprudence, 23 Tenn. Juris., Streets and Highways, § 7.

54-4-404. Allocation and expenditure of funds — Matching funds — Bridge replacement.

  1. Funds appropriated to the state-aid highway system shall be allocated to the local agencies to be expended upon the designated highways and roads by the same formula as is set forth in § 54-4-103.
  2. No funds shall be either obligated or expended under this program unless the local agency agrees to match the proposed expenditures in an amount of twenty-five percent (25%). All of the required match or a portion of the match may be provided by in-kind contributions.
  3. A local agency may choose to transfer up to fifty percent (50%) of its funds allocated for the state-aid highway system to its state off-system bridge replacement program, in which case the matching requirements for bridge replacement projects as set forth in Acts 1982, ch. 916, § 11, Item 48, shall apply. It may choose to transfer up to that amount to participate in the federal-aid bridge replacement and rehabilitation program.
  4. If any county has an unexpended balance of funds that have accrued in the state treasury and that are available for the benefit of the county under this part, then the county may use the unexpended balance, in whole or in part, to provide a portion of the local agency share required by subsection (b); provided, that the county shall provide at least two percent (2%) of the approved project costs from county funds or in-kind project work approved by the commissioner of transportation, or both.

Acts 1983, ch. 320, § 2; 1985, ch. 219, § 1; T.C.A., § 54-6-204; Acts 2015, ch. 195, § 2; 2017, ch. 442, §§ 1, 2; 2019, ch. 129, § 1.

Compiler's Notes. Acts 1982, ch. 916, referred to in this section, is the Appropriations Act of 1982.

Acts 2015, ch. 195, § 1 provided that the act, which added (d), shall be known and may be cited as the "County Road Relief Act of 2015".

Acts 2015, ch. 195, § 3 provided that nothing in the act, which added (d), shall be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to this act unless such funds are specifically appropriated by the general appropriations act.

Amendments. The 2015 amendment added (d).

The 2017 amendment, in (d)(1), substituted “2015-2016, 2016-2017, 2017-2018, or 2018-2019” for “2015-2016 or 2016-2017” at the end; and, in (d)(2), substituted “2019” for “2017” following “July 1,”.

The 2019 amendment, in (d), deleted former (2) which read: “This subsection (d) is deleted on July 1, 2019, and shall no longer be effective on and after such date.”, and, deleted the former proviso at the end of present (d) which read: “; provided, further, that the county shall initiate the project during fiscal years 2015-2016, 2016-2017, 2017-2018, or 2018-2019”.

Effective Dates. Acts 2015, ch. 195, § 4. April 22, 2015.

Acts 2017, ch. 442, § 3. May 25, 2017.

Acts 2019, ch. 129, § 2. April 9,  2019.

54-4-405. Methods of work.

Work authorized by this part shall be done in one (1) of the following methods:

  1. Upon request of local officials, the department may agree and is fully empowered to act as agent for the local agency to carry out any phase of work authorized on the state-aid highway system;
  2. All preconstruction activities may be performed by the local agency if accomplished in compliance with reasonable standards, which shall be established by the department; or
  3. The construction of highways and roads provided for by this part shall be done in one (1) of the following methods:
    1. By award of a construction contract by a local agency in accordance with procedures approved by the department, which shall include advertisement in a newspaper having circulation in the county in which the work is to be done for at least two (2) weekly issues prior to the date of accepting bids and compliance with a competitive bid procedure consistent with existing laws for the awarding of highway or road construction contracts; or
    2. In accordance with a negotiated contract between the department and a local agency based upon unit prices to be established by the department; provided, that the department may prescribe rules and regulations necessary to ensure that counties with whom contracts are executed are equipped and qualified to do the work.

Acts 1983, ch. 320, § 2; T.C.A., § 54-6-205.

Textbooks. Tennessee Jurisprudence, 23 Tenn. Juris., Streets and Highways, § 28.

54-4-406. Maintenance of roads.

Any road designated as a part of the state-aid highway system shall be maintained by the local agency in which the highway or road is located.

Acts 1983, ch. 320, § 2; T.C.A., § 54-6-206; Acts 1991, ch. 133, § 4.

Part 5
1990 Bridge Grant Program Act

54-4-501. Short title.

This part shall be known and may be cited as the “1990 Bridge Grant Program Act.”

Acts 1990, ch. 717, § 2.

Collateral References. Bridges 1 et seq.

54-4-502. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Commissioner” means the commissioner of transportation;
  2. “Department” means the department of transportation; and
  3. “Local government” means any county, incorporated city or town, and metropolitan form of government, or any of them.

Acts 1990, ch. 717, § 3.

54-4-503. Purpose.

The general assembly finds and declares it to be in the vital interest of the state that a highway bridge replacement and rehabilitation program be established to enable the local governments to replace or rehabilitate certain bridges within their respective jurisdictions when the commissioner finds that a bridge is structurally deficient or functionally obsolete.

Acts 1990, ch. 717, § 4.

54-4-504. Selection process — Eligibility.

  1. The commissioner shall develop a selection process for projects authorized to be funded under this part, and, furthermore, shall establish the policies and procedures by which this program shall be accomplished.
  2. Eligible bridges shall be those located on public roads, other than those on a federal-aid system or the state system of highways.
  3. In order for a local government to be considered eligible for participation in this program, it must be in compliance with any department recommendations, concerning the posting and enforcement of load limits, and the closure of structures, based upon national bridge inspection standards. Whenever the commissioner determines that no local government within a county geographical area has taken necessary action to assure maximum utilization of the program, the county geographical area may be considered ineligible to participate in the following fiscal year.

Acts 1990, ch. 717, § 5.

54-4-505. Allocation of funds.

Subject to the conditions for local government participation set forth in this part, the allocation of funds appropriated to the 1990 bridge grant program each fiscal year shall be in accordance with the general appropriations act.

Acts 1990, ch. 717, § 6.

54-4-506. Expending allocated moneys for other roadway purposes.

Once the local governments within a county geographical area have addressed the project priorities established by the commissioner, application may be made to the commissioner for permission to expend moneys allocated to the area under this part for other roadway purposes. The commissioner must approve the expenditure, and may require that certain conditions be met in conjunction with the expenditure.

Acts 1990, ch. 717, § 7.

54-4-507. Maximum state share of project cost.

  1. The state share payable for a project undertaken pursuant to this part shall be no more than eighty percent (80%) of the approved project cost.
  2. The local government share shall be at least twenty percent (20%) of the approved project cost. This share may be provided by local government funds and in-kind project work approved by the commissioner, or either of them, wholly or partly.
  3. The percentage in subsections (a) and (b) shall also apply to any unexpended balance from appropriations prior to 2004 that are not subject to a written agreement between the local government and the department. In the event there exists a written agreement between the department and the local government, then the percentage contained in the agreement shall continue to apply.
  4. If any county has an unexpended balance of funds that have accrued in the state treasury and that are available for the benefit of the county under this part, then the county may use the unexpended balance, in whole or in part, to provide a portion of the local government share required by subsection (b); provided, that the county shall provide at least two percent (2%) of the approved project costs from county funds or in-kind project work approved by the commissioner of transportation, or both.

Acts 1990, ch. 717, § 8; 1994, ch. 572, § 1; 2004, ch. 512, §§ 2-4; 2014, ch. 573, § 2; 2016, ch. 981, § 1.

Compiler's Notes. Acts 2014, ch. 573, § 1 provided that the act shall be known and cited as the “County Bridge Relief Act of 2014”.

Acts 2014, ch. 573, § 3 provided that nothing in this act shall be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to this act unless such funds are specifically appropriated by the General Appropriations Act.

Amendments. The 2014 amendment, effective from March 28, 2014, until July 1, 2016, added (d) which read: “If any county has an unexpended balance of funds that have accrued in the state treasury and that are available for the benefit of the county under this part, then the county may use the unexpended balance, in whole or in part, to provide a portion of the local government share required by subsection (b); provided, that the county shall provide at least two percent (2%) of the approved project costs from county funds or in-kind project work approved by the commissioner of transportation, or both; provided, further, that the county shall initiate the project during fiscal years 2014-2015 or 2015-2016. This subsection (d) is deleted on July 1, 2016 and shall no longer be effective on and after such date.”

The 2016 amendment, in (d), deleted former (d)(2) which read: “(2)  This subsection (d) is deleted on July 1, 2016 and shall no longer be effective on and after such date.”; and deleted “; provided, further, that the county shall initiate the project during fiscal years 2014-2015 or 2015-2016” from the end of present (d).

Effective Dates. Acts 2014, ch. 573, § 4. March 28, 2014.

Acts 2016, ch. 981, § 2. April 27, 2016.

54-4-508. Project to be maintained by local government.

Any project undertaken pursuant to this part shall be maintained by the local government within whose jurisdiction the project lies.

Acts 1990, ch. 717, § 9; 1991, ch. 133, § 4.

Part 6
High Priority Bridge Replacement Program

54-4-601. Eligibility.

  1. Eligible bridges shall be those located on public roads under the jurisdiction of a local government, and shall not include bridges located on the state system of highways. Any local government that meets the eligibility requirements in § 54-4-504(c) shall be eligible for participation in the high priority bridge replacement program.
  2. For purposes of this part, “bridge” means a structure on a public road, including supports, erected for carrying traffic over a depression or an obstruction, such as water or a highway or railway, and having an opening measured along the center of the roadway of more than twenty feet (20') between under-copings of abutments or spring lines of arches, or extreme ends of openings for multiple boxes; it may also include multiple pipes, where the clear distance between openings is less than half of the smaller contiguous opening.

Acts 2017, ch. 425, § 2.

Effective Dates. Acts 2017, ch. 425, § 5. July 1, 2017.

54-4-602. Selection process.

The commissioner of transportation shall establish criteria for the selection of projects to be funded under the high priority bridge replacement program based on the numbers and structural condition of bridges identified through the National Bridge Inventory as compiled by the department of transportation and other relevant information the commissioner may consider appropriate.

Acts 2017, ch. 425, § 2.

Effective Dates. Acts 2017, ch. 425, § 5. July 1, 2017.

54-4-603. Funding.

  1. Funding for the high priority bridge replacement program shall be separate from funding for the state bridge grant program established in part 5 of this chapter.
  2. The expenditure of funds under this program shall be based on need as determined by the commissioner of transportation and shall not be subject to the formula governing the allocation of funds under the state bridge grant program established in part 5 of this chapter.
  3. The state share payable for a project undertaken pursuant to this part may be up to one hundred percent (100%) of the project cost approved by the department of transportation.
  4. The department of transportation may use funds available through federal, state, or local sources to implement this program.

Acts 2017, ch. 425, § 2.

Effective Dates. Acts 2017, ch. 425, § 5. July 1, 2017.

54-4-604. Maintenance of projects.

Any project undertaken pursuant to this part shall be maintained by the local government, as defined in § 54-4-502, within whose jurisdiction the project lies.

Acts 2017, ch. 425, § 2.

Effective Dates. Acts 2017, ch. 425, § 5. July 1, 2017.

Chapter 5
State Highways

Part 1
General Provisions

54-5-101. System of state highways — Designation by department for construction, repair or maintenance.

The department of transportation has full power, and it is made its duty, through its highway engineers or otherwise, to designate a system of state highways, to designate the road or roads to be constructed, repaired, or maintained by the use of the funds mentioned in chapter 2 of this title, and to lay out and locate all such roads.

Acts 1917, ch. 74, § 5; Shan., § 1720a29b16 (p. 6549); Shan. Supp., § 1720a7b47; Code 1932, § 3205; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-501; Acts 1981, ch. 264, § 12.

Cross-References. Designation of parkway system, § 54-17-207.

Rules and regulations as to highway use, moving vehicles to conform, § 55-7-101.

Law Reviews.

Rulemaking Under the New Tennessee Uniform Administrative Procedures Act (Shelley I. Stiles), 6 Mem. St. U.L. Rev. 171.

Comparative Legislation. State highways:

Ala.  Code § 23-1-1 et seq.

Ark.  Code § 27-67-101 et seq.

Ga. O.C.G.A. § 32-4-20 et seq.

Ky. Rev. Stat. Ann. § 177.010 et seq.

Miss.  Code Ann. § 65-3-1 et seq.

Mo. Rev. Stat. § 227.010 et seq.

N.C. Gen. Stat. § 136-45 et seq.

Va. Code § 33.1-25 et seq.

Cited: Fritts v. Leech, 201 Tenn. 18, 296 S.W.2d 834, 1956 Tenn. LEXIS 458 (1956); United States Fidelity & Guaranty Co. v. Thompson & Green Machinery Co., 568 S.W.2d 821, 1978 Tenn. LEXIS 613 (Tenn. 1978).

Collateral References.

Constitutionality and construction of statute relating to location or relocation of highways. 63 A.L.R. 516.

Power and duty of highway officers as regards location or route of road to be constructed or improved. 91 A.L.R. 242.

Prohibition to control action of administrative officers in establishment of highway. 115 A.L.R. 23, 159 A.L.R. 627.

Highways 97.1 et seq.

54-5-102. Main traveled roads — Designation.

  1. The commissioner is given the power to proceed to designate main traveled roads, with a view to connecting all county seats, and also to designate other main traveled roads, that are deemed of sufficient importance to be included in the general highway plan of the state, and receive for their construction and improvement financial aid under this chapter and chapters 1 and 2 of this title.
  2. It is the intent of the general assembly that all county seats should be connected by a four-lane highway to the nearest interstate highway by the best route available.

Acts 1919, ch. 149, § 7; impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b7; Code 1932, § 3176; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-502; Acts 1981, ch. 264, § 12; 1995, ch. 348, § 3; 2007, ch. 155, § 1.

Cross-References. Designation of parkway system, § 54-17-207.

Textbooks. Tennessee Jurisprudence, 23 Tenn. Juris., Streets and Highways, § 9.

NOTES TO DECISIONS

1. Bypassing County Seat.

The commissioner had the power to select a new Nashville-Clarksville route bypassing Ashland City, a county seat, and costing approximately $502,000 to construct, even though there was an existing Nashville-Clarksville road via Ashland City, where it was shown that to construct a new road via Ashland City would cost at least $965,000 and perhaps $1,676,000. Cheatham County v. Baker, 16 Tenn. App. 1, 64 S.W.2d 31, 1932 Tenn. App. LEXIS 2 (Tenn. Ct. App. 1932).

The commissioner may, after thorough investigation and in his discretion, designate an alternate route bypassing a county seat, at least when he proposes to maintain the main traveled road through the county seat. Cheatham County v. Baker, 16 Tenn. App. 1, 64 S.W.2d 31, 1932 Tenn. App. LEXIS 2 (Tenn. Ct. App. 1932).

A county may require the commissioner to investigate all feasible routes through the county seat before determining on a route bypassing the county seat. Cheatham County v. Baker, 16 Tenn. App. 1, 64 S.W.2d 31, 1932 Tenn. App. LEXIS 2 (Tenn. Ct. App. 1932).

2. Review of Decisions.

A decision as to location or construction of a highway, reached in the reasonable exercise of this discretion, is not subject to judicial review. Cheatham County v. Baker, 161 Tenn. 222, 30 S.W.2d 234, 1929 Tenn. LEXIS 53 (1930).

54-5-103. Chapter definitions.

As used in this chapter and chapters 1 and 2 of this title, unless the context otherwise requires:

  1. “Commissioner” means the commissioner of transportation;
  2. “Department” means the department of transportation; and
  3. “Road” or “highway” is construed to include all bridges upon or that form a part of the highway to be constructed, reconstructed or maintained under this chapter and chapters 1 and 2 of this title.

Acts 1919, ch. 149, § 13; Shan. Supp., § 1720a7b13; Code 1932, § 3182; T.C.A. (orig. ed.), § 54-503.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Eminent Domain, § 17.

54-5-104. Eminent domain.

  1. The department is authorized to condemn the fee to, or an easement in, lands that may be necessary, suitable, or desirable for the construction, reconstruction, development, enlargement, maintenance, repair, drainage, or protection of any street, road, highway, freeway, or parkway, by the officials charged by law with the maintenance or construction of the street, road, highway, freeway, or parkway, including the power to acquire easements in lands adjacent to the lands for related slopes and drainage and any other similar purposes.
  2. This section applies to all transportation purposes, as well as for highway purposes.

Acts 1917, ch. 74, § 5; Shan., § 1720a29b17 (p. 6549); Shan. Supp., § 1720a7b48; mod. Code 1932, § 3206; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; Acts 1973, ch. 49, § 1; T.C.A. (orig. ed.), § 54-504; Acts 1981, ch. 264, § 12.

Cross-References. Additional method of eminent domain, title 29, ch. 17, part 8.

Continuation of condemnation trial, § 29-17-1001.

State powers of eminent domain relating to rights-of-way and road improvement, §§ 54-22-101, 54-22-104.

Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Constitutional Law, § 64; 10 Tenn. Juris., Eminent Domain, § 17; 23 Tenn. Juris., Streets and Highways, § 7.

NOTES TO DECISIONS

1. Condemnation by State.

The commissioner was authorized to condemn right-of-way for state highways under procedures set up by other laws. Department of Highways & Public Works v. Gamble, 18 Tenn. App. 95, 73 S.W.2d 175, 1934 Tenn. App. LEXIS 16 (Tenn. Ct. App. 1934).

2. Condemnation by County.

In an action by a county to condemn land for state public highway purposes, where the commissioner was made a party plaintiff, and there is no allegation that the commissioner agreed to join in the petition, a motion by the commissioner to strike his name from the pleadings should have been sustained. State Dep't of Highways v. Roseborough, 17 Tenn. App. 403, 68 S.W.2d 132, 1933 Tenn. App. LEXIS 75 (Tenn. Ct. App. 1933).

Public Acts 1951, ch. 178, outlining procedure to be followed by various counties in the state exercising right of eminent domain in acquiring land for highway purposes is unconstitutional in that § 9 of the act provides that no trial as to assessments shall be held until 12 months after completion of highway since provision results in unreasonable delay contrary to Tenn. Const., art. I, § 17 and since there is no separability clause in the act, and it appears that act would not have been enacted if § 9 had been omitted, the entire act is unconstitutional. Maury County v. Porter, 195 Tenn. 116, 257 S.W.2d 16, 1953 Tenn. LEXIS 308 (1953).

Collateral References.

Condemnation of materials for highways. 172 A.L.R. 131.

Construction of highway through park as violation of use to which park property may be donated. 60 A.L.R.3d 581.

Incidental private benefit, effect of. 53 A.L.R. 18.

Propriety and effect, in eminent domain proceeding, of instruction to the jury as to landowner's unwillingness to sell property. 20 A.L.R.3d 1081.

54-5-105. Attorneys general to represent department.

The attorney general and reporter and the district attorney general in each case shall act as attorneys for the department without additional compensation.

Acts 1917, ch. 74, § 5; Shan., § 1720a29b18 (p. 6550); Shan. Supp., § 1720a7b49; Code 1932, § 3207; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; modified; T.C.A. (orig. ed.), § 54-505; Acts 1981, ch. 264, § 12.

Cross-References. District attorneys general representing department of transportation, § 8-6-303.

NOTES TO DECISIONS

1. Attorney General as Party.

The attorney general need not consent to a condemnation proceeding for state highway right-of-way or join as a party, but he merely represents the department in the litigation. Department of Highways & Public Works v. Gamble, 18 Tenn. App. 95, 73 S.W.2d 175, 1934 Tenn. App. LEXIS 16 (Tenn. Ct. App. 1934).

2. Effect of County Counsel Joining State.

Where counsel for a county without authority joined the state and its commissioner as petitioners in a condemnation proceeding, a judgment rendered against the state was void because of § 20-13-103. State Dep't of Highways v. Roseborough, 17 Tenn. App. 403, 68 S.W.2d 132, 1933 Tenn. App. LEXIS 75 (Tenn. Ct. App. 1933).

54-5-106. Judgments and expenses in condemnation cases paid out of county general funds.

All judgments rendered and other expenses necessarily incurred in condemnation proceedings shall be paid out of the general funds of the county in which the expenses are incurred and standing to the credit of the trustee, on the warrant or voucher of the county mayor drawn under the direction of the commissioner.

Acts 1917, ch. 74, § 5; Shan., § 1720a29b19 (p. 6550); impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b50; Code 1932, § 3208; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 54-506; Acts 1981, ch. 264, § 12; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Law Reviews.

Constitutional Law — 1960 Tennessee Survey (James C. Kirby, Jr.), 13 Vand. L. Rev. 1021.

Cited: Williams v. Nicely, 230 S.W.3d 385, 2007 Tenn. App. LEXIS 111 (Tenn. Ct. App. Feb. 28, 2007).

NOTES TO DECISIONS

1. Liability of County.

As between a county and the landowner, the county is not relieved of liability for land taken for highway purposes prior to Acts 1931, ch. 57 (see now § 54-5-111) although, under such act, the liability of the state to compensate the landowner is the primary obligation. State Dep't of Highways v. Roseborough, 17 Tenn. App. 403, 68 S.W.2d 132, 1933 Tenn. App. LEXIS 75 (Tenn. Ct. App. 1933).

The county in which the highway is constructed is liable for the value of the land taken for highway purposes and for damages incident to the construction of such highway by the department. Charleston v. Ailey, 210 Tenn. 211, 357 S.W.2d 339, 1962 Tenn. LEXIS 426 (1962).

Fact that city was incorporated after county had assumed liability for taking of land for highway purposes and damages incident to taking did not relieve county of such liability even though city had agreed to make payment out of funds loaned by county although under the circumstances the city was also liable to the landowners. Charleston v. Ailey, 210 Tenn. 211, 357 S.W.2d 339, 1962 Tenn. LEXIS 426 (1962).

A landowner whose property is taken or occupied as a result of the construction of a state highway may sue the county wherein the land lies under § 29-16-123 for damages to his property, and it is immaterial whether the county wherein the land lies was at fault in any way or whether the county did the act that caused the damage. Jones v. Cocke County, 57 Tenn. App. 496, 420 S.W.2d 587, 1967 Tenn. App. LEXIS 240 (Tenn. Ct. App. 1967).

Where an embankment was constructed on approaches to bridge in such a way as to severely restrict natural drainage of flood waters resulting in increased flooding and slower drainage of plaintiff's land, suit would lie against county in which land lay even though embankment was in another county and defendant county was not responsible for the acts that caused the flooding. Jones v. Cocke County, 57 Tenn. App. 496, 420 S.W.2d 587, 1967 Tenn. App. LEXIS 240 (Tenn. Ct. App. 1967).

In an inverse condemnation claim where the property owner sued the city and the county and sought damages to his property resulting from flooding which occurred during and after construction to a road within the city's limits, the county had no involvement whatsoever with the road construction project which took place entirely within the corporate limits of the city on a city street, and where the city was actively involved in the construction project and entered into a contract with the state wherein it agreed to make periodic inspections, to pay a portion of the expenses, and to be responsible for maintenance once the project was completed; thus, the trial court properly granted the county's motion for summary judgment and found that it was not liable for damages to the owner under T.C.A. § 54-5-106. Leonard v. Knox County, 146 S.W.3d 589, 2004 Tenn. App. LEXIS 178 (Tenn. Ct. App. 2004), review or rehearing denied, — S.W.3d —, 2004 Tenn. LEXIS 1237 (Tenn. Oct. 4, 2004).

2. Suit by County in Name of State.

Where counsel for a county brought suit to condemn land for highway purposes and joined as copetitioners with the county the state of Tennessee and its commissioner in the good faith belief that they were, in law, authorized to use the name of the state and its commissioner as copetitioners, but who were in fact without such authority, and, upon discovering their mistake, filed a supplemental petition praying that the state and its commissioner be brought before the court by proper process and required to pay and satisfy any judgment obtained in the cause, it amounted to an adversary proceeding against the state and an officer of the state, acting by authority of the state, with a view to reaching the treasury of the state and its funds and property, and a demurrer to the supplemental petition, setting up these grounds, should have been sustained. State Dep't of Highways v. Roseborough, 17 Tenn. App. 403, 68 S.W.2d 132, 1933 Tenn. App. LEXIS 75 (Tenn. Ct. App. 1933).

54-5-107. Injunctions against interference — Cost bond unnecessary — Prompt hearings.

  1. No cost bond is necessary in the suit. Injunction may be sought and obtained against all persons interfering in any way with the work of the department or any of its assistants or employees engaged in locating, laying out, or constructing any such roads.
  2. It is the duty of all the chancellors and trial judges to grant injunctions and make all other orders that will facilitate the work of the department in locating and constructing roads under this part, and they shall promptly hear all cases in which the department may be interested.

Acts 1917, ch. 74, § 5; Shan., § 1720a29b20 (p. 6550); Shan. Supp., § 1720a7b51; Code 1932, § 3209; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-507; Acts 1981, ch. 264, § 12.

Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Constitutional Law, § 59.

NOTES TO DECISIONS

1. Injunction Without Bond.

This section expressly excuses the state from executing the usual cash bond and authorizes the taking of possession pending adjudication of the amount of compensation to be paid. County of Obion v. Edwards, 159 Tenn. 491, 19 S.W.2d 236, 1928 Tenn. LEXIS 111 (1929).

2. Appeal Bond Not Required.

In a condemnation on behalf of the state for highway purposes, the trial judge was in error in requiring the petitioner, a city, to give an appeal bond to perfect its appeal to the Supreme Court. Erin v. Brooks, 190 Tenn. 407, 230 S.W.2d 397, 1950 Tenn. LEXIS 500 (1950).

3. Right to Injunction.

Owners of land situated on road leading into road closed at interstate controlled access highway could be enjoined from cutting fence at interstate highway and from crossing over highway at that point. State ex rel. Moulton v. Williams, 207 Tenn. 695, 343 S.W.2d 857, 1961 Tenn. LEXIS 387 (1961).

4. Cross Action.

Action of state in bringing suit to enjoin owners of land situated on road leading into road closed at interstate controlled access highway from cutting fence along interstate highway and crossing highway at closed road conferred no right on landowners to bring cross-bill to enjoin commissioner of highways (now commissioner of transportation) from maintaining such fence and to compel him to build another access road for landowners. State ex rel. Moulton v. Williams, 207 Tenn. 695, 343 S.W.2d 857, 1961 Tenn. LEXIS 387 (1961).

54-5-108. Cooperation by department with federal government in designating roads, and in erection of danger signals and safety devices.

    1. The department has full power, and it is made its duty, acting through its commissioner, to cooperate with the federal government in formulating and adopting a uniform system of numbering or designating roads of interstate character within this state, and in the selection and erection of uniform danger signals and safety devices for the protection and direction of traffic on those highways.
    2. The department is empowered to expend out of the funds of the department any and all amounts necessary in the carrying out of this section.
  1. The department has full power, and it is made its duty, acting through its commissioner, to formulate and adopt a manual for the design and location of signs, signals, markings, and for posting of traffic regulations on or along all streets and highways in Tennessee, and no signs, signals, markings or postings of traffic regulations shall be located on any street or highway in the state regardless of type or class of the governmental agency having jurisdiction of the streets and highways, except in conformity with the provisions contained in the manual.

Acts 1925, ch. 52, §§ 1, 2; Shan. Supp., §§ 1720a7b28, 1720a7b29; Code 1932, §§ 3187, 3188; Acts 1965, ch. 160, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-508; Acts 1981, ch. 264, § 12.

Textbooks. Tennessee Jurisprudence, 23 Tenn. Juris., Streets and Highways, § 36.

Attorney General Opinions. County liability for failure to put up new road signs, OAG 95-032 (4/6/95).

Department of transportation has authority pursuant to T.C.A. § 54-5-108 to post traffic regulations on interstate highways within its jurisdiction. OAG 05-048 (4/19/05).

Cited: Johnson v. Oman Constr. Co., 519 S.W.2d 782, 1975 Tenn. LEXIS 713 (Tenn. 1975).

NOTES TO DECISIONS

1. Applicability.

T.C.A. § 54-5-108 provides that the decision as to where to place traffic control devices is discretionary to the department of transportation. O'Guin v. Corbin, 777 S.W.2d 697, 1989 Tenn. App. LEXIS 440 (Tenn. Ct. App. 1989).

54-5-109. Plans and specifications and contracts for building each road or bridge authorized.

The department has full power, in conformity with the rules and regulations made or to be made by any officer or agency of the federal government authorized to make rules under any act of congress granting funds for the construction of roads, or rules made or to be made by the department, to make all plans and specifications for the building of each particular road or bridge to be constructed under its direction, to make all contracts for the construction of the road or bridge, and to supervise and superintend the construction of the road or bridge.

Acts 1917, ch. 74, § 6; Shan., § 1720a29b21 (p. 6550); Shan. Supp., § 1720a7b52; Code 1932, § 3210; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-509; Acts 1981, ch. 264, § 12.

Attorney General Opinions. There would be no legal prohibition against the building of a bridge on a state road by a non-profit foundation, provided that there were a prior contract between the department of transportation and the foundation, pursuant to T.C.A. § 54-5-109; and that, upon completion of the bridge, the planned conveyance of the bridge to the state could be accomplished pursuant to T.C.A. § 12-1-101, assuming the governor and the foundation agree as to terms and conditions of the transfer, as well as to uses and purposes of the property, OAG 02-103 (10/01/02).

NOTES TO DECISIONS

1. Application.

Where safety specifications in a highway construction contract with the highway department required contractors to use all necessary precautions and barricades, suitable and sufficient lights, signs, warnings and watchmen, breach did not constitute negligence per se, as such specifications were not valid administrative regulations having the effect of law. Williams v. Tillett Bros. Const. Co., 319 F.2d 300, 1963 U.S. App. LEXIS 4868 (6th Cir. Tenn. 1963), rehearing denied, Williams v. Tillett Bros. Constr. Co., 375 U.S. 949, 84 S. Ct. 356, 11 L. Ed. 2d 280 (1963), cert. denied, Williams v. Tillett Bros. Constr. Co., 375 U.S. 888, 84 S. Ct. 166, 11 L. Ed. 2d 118, 1963 U.S. LEXIS 488 (1963).

Collateral References.

Alteration of plans or materials as necessary or proper factor in proposal for or acceptance of bids. 96 A.L.R. 712.

Construction of by architect or engineer as made binding on contractor by terms of contract. 137 A.L.R. 540.

54-5-110. Alteration of location and grades of road — Rights-of-way acquired by counties or commissioner — Filing of right-of-way plans — Appraisals.

    1. Whenever the commissioner finds it necessary or advisable, the commissioner has the power to alter the course or grade or otherwise improve any road selected, adopted, or accepted for federal or state aid, and take over and improve as a state highway.
    2. The counties in which the roads lie have the authority to acquire for the benefit of the state rights-of-way for the roads, either by donations by owners of the land through which the highways will run, by agreement between the owners and the county, or by the exercise of the power of eminent domain that is expressly conferred upon the counties; provided, that if the county authorities through which the road is designated do not act immediately upon request of the commissioner for the procurement and furnishing of rights-of-way, there is expressly given to the commissioner the right on behalf of the state to condemn by eminent domain all rights-of-way for the roads, all bluffs, gravel pits, and any and all other road material found necessary or advisable to be used by the commissioner; and provided, further, that the commissioner is empowered immediately upon the filing of the petition for condemnation of the rights-of-way and of road material to take possession of the designated rights-of-way, road material and other property sought to be condemned.
    1. The state, when it exercises its power of eminent domain to make acquisitions for road purposes, or when it acquires land by voluntary purchase for road purposes, shall cause to be filed and recorded in the office of the register in the county where the acquisition is located the final right-of-way plans. The plans shall accurately portray the right-of-way, land, material, easement, or other legal right acquired and the precise location of the right-of-way, land, material, easement, or other legal right.
    2. “Final right-of-way plans” means the entire plans of the project in any particular county, subject to subdivision (b)(1).
  1. Notwithstanding any law or regulation to the contrary, when acquiring land by voluntary purchase for road purposes, the state, through the department of transportation or any agent of the department of transportation, shall, upon the request of the landowner, allow the landowner or the landowner's representative to examine the entire appraisal, if an appraisal was conducted. If an appraisal was not conducted, the landowner or landowner's representative may examine any other documents used to determine the proposed purchase price. This examination shall take place at the department's office for the region in which the property in question lies.

Acts 1919, ch. 149, § 9; impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b9; Code 1932, § 3178; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; Acts 1979, ch. 164, § 1; T.C.A. (orig. ed.), § 54-510; Acts 1981, ch. 264, § 12; 2000, ch. 940, § 1.

Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Constitutional Law, §§ 59, 64; 10 Tenn. Juris., Eminent Domain, § 30; 23 Tenn. Juris., Streets and Highways, § 42.

NOTES TO DECISIONS

1. Constitutionality.

This section does not operate to suspend a general law for the benefit of particular individuals in violation of Tenn. Const., art. I, § 8 and art. XI, § 8, or the federal constitution. State Highway Dep't v. Mitchell's Heirs, 142 Tenn. 58, 216 S.W. 336, 1919 Tenn. LEXIS 36 (1919).

2. Power of Commissioner.

Right of commissioner of highways (now commissioner of transportation) to lay out projects is purely discretionary and court is without jurisdiction, power or authority to review his decision or to require him to construct such a project in a manner that he does not deem best. State ex rel. Moulton v. Williams, 207 Tenn. 695, 343 S.W.2d 857, 1961 Tenn. LEXIS 387 (1961).

3. —Power to Contract.

Commissioner could not make a contract as to the location of a road that would be binding upon himself or his successor, where it later appeared that a deviation from the route agreed upon was required by public welfare. Liles v. Creveling, 151 Tenn. 61, 268 S.W. 625, 1924 Tenn. LEXIS 44 (1925).

4. —Selection of Route.

Though a private act had required a particular road to run in a prescribed way, the commissioner was empowered to alter the course of the road where the deviation was one third of a mile and necessary to make the highway conform to federal aid requirements. State Highway Dep't v. Mitchell's Heirs, 142 Tenn. 58, 216 S.W. 336, 1919 Tenn. LEXIS 36 (1919); Liles v. Creveling, 151 Tenn. 61, 268 S.W. 625, 1924 Tenn. LEXIS 44 (1925).

The commissioner has the power to select and adopt a new route on which there is no existing road. Cheatham County v. Baker, 16 Tenn. App. 1, 64 S.W.2d 31, 1932 Tenn. App. LEXIS 2 (Tenn. Ct. App. 1932).

Ordinarily, and as far as the public interest will permit, a main traveled road should be followed, but whenever by reason of undue expense or physical obstacles this is not feasible, the commissioner may choose another route or not build at all. Cheatham County v. Baker, 16 Tenn. App. 1, 64 S.W.2d 31, 1932 Tenn. App. LEXIS 2 (Tenn. Ct. App. 1932).

5. Procedure.

The procedure is that prescribed by § 29-16-101, except as modified by this statute. State Highway Dep't v. Mitchell's Heirs, 142 Tenn. 58, 216 S.W. 336, 1919 Tenn. LEXIS 36 (1919).

The commissioner was authorized to condemn right-of-way for state highways under procedures set up by other laws. Department of Highways & Public Works v. Gamble, 18 Tenn. App. 95, 73 S.W.2d 175, 1934 Tenn. App. LEXIS 16 (Tenn. Ct. App. 1934).

The attorney general need not consent to a condemnation proceeding for state highway right-of-way or join as a party, but he merely represents the department in the litigation. Department of Highways & Public Works v. Gamble, 18 Tenn. App. 95, 73 S.W.2d 175, 1934 Tenn. App. LEXIS 16 (Tenn. Ct. App. 1934).

After the highway department has taken possession of right-of-way under a condemnation proceeding it is too late to take a nonsuit. Department of Highways & Public Works v. Gamble, 18 Tenn. App. 95, 73 S.W.2d 175, 1934 Tenn. App. LEXIS 16 (Tenn. Ct. App. 1934).

6. Entry.

Adequate provision for compensation is made, so that execution of a bond as a condition to entry and work on the land is not requisite. State Highway Dep't v. Mitchell's Heirs, 142 Tenn. 58, 216 S.W. 336, 1919 Tenn. LEXIS 36 (1919); Williamson County v. Franklin & Spring Hill Turnpike Co., 143 Tenn. 628, 228 S.W. 714, 1920 Tenn. LEXIS 49 (1921).

Compensation for land duly taken in constructing a highway being provided for, the state highway commissioner (now commissioner of transportation) may enter and take possession of property immediately upon filing of condemnation suit. Liles v. Creveling, 151 Tenn. 61, 268 S.W. 625, 1924 Tenn. LEXIS 44 (1925).

Where the state condemns, it may take possession of right-of-way on filing petition without bond. County of Obion v. Edwards, 159 Tenn. 491, 19 S.W.2d 236, 1928 Tenn. LEXIS 111 (1929).

7. Rights and Liabilities of County.

The county in which the highway is constructed is liable for the value of the land taken for highway purposes and for damages incident to the construction of such highway by the state highway department (now department of transportation). Charleston v. Ailey, 210 Tenn. 211, 357 S.W.2d 339, 1962 Tenn. LEXIS 426 (1962).

Fact that city was incorporated after county had assumed liability for taking of land for highway purposes and damages incident to taking did not relieve county of such liability even though city had agreed to make payment out of funds loaned by county although under the circumstances the city was also liable. Charleston v. Ailey, 210 Tenn. 211, 357 S.W.2d 339, 1962 Tenn. LEXIS 426 (1962).

8. Estoppel of State.

Where a county instituted a condemnation proceeding to obtain a right-of-way for a state highway, and a deputy state attorney general, representing the state, joined in a stipulation for continuance of the case to the next term of court, either as plaintiff or defendant, as the law might require, such appearance by the deputy attorney general was a general appearance, estopping the state to assert its immunity under § 20-13-102. Jackson County v. McGlasson, 167 Tenn. 311, 69 S.W.2d 887, 1934 Tenn. LEXIS 2 (1934).

9. Federal Statutes.

While failure to comply with federal statute requiring public hearing on certain federal highway projects might serve to defeat right of state to federal funds, such failure would not defeat or impair right of state to condemn land for such project. County Highway Com. v. Smith, 61 Tenn. App. 292, 454 S.W.2d 124, 1969 Tenn. App. LEXIS 355 (Tenn. Ct. App. 1969).

Collateral References.

Construction of highway through park as violation of use to which park may be donated. 60 A.L.R. 581.

Right to condemn property owned or used by private educational, charitable, or religious organization. 80 A.L.R.3d 833.

54-5-111. Rights-of-way for state highways — Liability for cost.

  1. The state is liable for and shall be held to pay, through its department of transportation and as other highway expenses are paid, for all rights-of-way and damages and costs incident to the acquisition and use of rights-of-way, whether by condemnation suits or otherwise as provided by existing laws, necessary to the construction of any highway, or parts of any highway, designated and adopted by the department as and for a state or state and federal aid highway in the state's system of highways.
  2. No county affected by the highways shall be liable for the rights-of-way and damages and costs incident to the acquisition and use of rights-of-way, nor shall any county pay or enter into an agreement to pay any part of the costs.

Acts 1931, ch. 57, § 1; C. Supp. 1950, § 3178.1; impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 126, § 1; 1968, ch. 482, § 1; 1972, ch. 463, § 4; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-511; Acts 1981, ch. 264, § 12.

Cross-References. Alteration of location and grades of road, rights-of-way acquired by counties or commissioner, filing of right-of-way plans, § 54-5-110.

Textbooks. Tennessee Jurisprudence, 23 Tenn. Juris., Streets and Highways, § 13.

Law Reviews.

Tax Limitations of Counties and Municipalities (M.P. O'Connor), 12 Tenn. L. Rev. 174.

Cited: Fritts v. Leech, 201 Tenn. 18, 296 S.W.2d 834, 1956 Tenn. LEXIS 458 (1956); Brooksbank v. Leech, 206 Tenn. 176, 332 S.W.2d 210, 1959 Tenn. LEXIS 333 (1959); McLain v. State, 59 Tenn. App. 529, 442 S.W.2d 637, 1968 Tenn. App. LEXIS 356 (Tenn. Ct. App. 1968); Hise v. State, 968 S.W.2d 852, 1997 Tenn. App. LEXIS 680 (Tenn. Ct. App. 1997); Leonard v. Knox County, 146 S.W.3d 589, 2004 Tenn. App. LEXIS 178 (Tenn. Ct. App. 2004); Williams v. Nicely, 230 S.W.3d 385, 2007 Tenn. App. LEXIS 111 (Tenn. Ct. App. Feb. 28, 2007).

NOTES TO DECISIONS

1. Constitutionality.

The appropriation of state funds to retire county indebtedness is one for state purposes for which the state's power to tax may be exercised constitutionally, nor is there a lending or giving of state's credit in violation of Tenn. Const., art. II, § 31. Baker v. Hickman County, 164 Tenn. 294, 47 S.W.2d 1090, 1931 Tenn. LEXIS 35 (1932).

An appropriation of county funds to be expended by the state commissioner of highways (now commissioner of transportation) is a lending of the county's credit to the state, but not such as is prohibited by Tenn. Const., art. II, § 29. Baker v. Hickman County, 164 Tenn. 294, 47 S.W.2d 1090, 1931 Tenn. LEXIS 35 (1932).

This statute is not unconstitutional as depriving of property without due process. One whose land is taken for rights-of-way not complaining, the state cannot raise the question. Baker v. Donegan, 164 Tenn. 625, 47 S.W.2d 1095, 1931 Tenn. LEXIS 61 (1932).

2. Legislative Purpose.

The general scheme to transfer to the state that part of the costs of state highway construction that had been borne by counties is manifested by the statute. Baker v. Donegan, 164 Tenn. 625, 47 S.W.2d 1095, 1931 Tenn. LEXIS 61 (1932).

The general assembly had authority to provide by this act for the transfer of the burden of paying for rights-of-way for state highways from the counties to the state. Jackson County v. McGlasson, 167 Tenn. 311, 69 S.W.2d 887, 1934 Tenn. LEXIS 2 (1934).

3. Construction.

This act, as between the county and state, transferred from the county to the state liability for costs of rights-of-way for state highways not paid or settled prior to enactment of this statute, even though there was no pending dispute or litigation between state and county as to their respective liabilities. Brown Heirs v. Cannon County, 165 Tenn. 554, 56 S.W.2d 735, 1932 Tenn. LEXIS 84 (1933).

This section does no more than transfer the obligation for payment imposed on the county to the state and contains no provision authorizing direct action against the state. Stubblefield v. Warren County, 170 Tenn. 211, 93 S.W.2d 1269, 1935 Tenn. LEXIS 129 (1936).

This section is limited in its terms to counties. Corporation of Sevierville v. Trotter, 170 Tenn. 431, 95 S.W.2d 920, 1935 Tenn. LEXIS 148 (1936).

4. Liability of State and County.

5. —Liability for Payment Prior to Act.

The statute does not render the state liable to a county payments made to landowners prior to its passage. Jackson Coaunty v. Burris, 165 Tenn. 559, 56 S.W.2d 739, 1932 Tenn. LEXIS 85 (1933).

6. —Liability for Payment on Property Taken Prior to Act.

Where land was appropriated for a state highway prior to enactment of this statute and condemnation suit was pending at time of enactment, judgment for the value of the land was properly rendered against both county and state, reciting that the latter was primarily liable. Baker v. Carson, 165 Tenn. 551, 56 S.W.2d 734, 1932 Tenn. LEXIS 83 (1933), citing Baker v. Donegan, 164 Tenn. 625, 47 S.W.2d 1095, 1931 Tenn. LEXIS 61 (1932); Brown Heirs v. Cannon County, 165 Tenn. 554, 56 S.W.2d 735, 1932 Tenn. LEXIS 84 (1933).

Where at the time of such enactment an action was pending between landowner and a county, the highway commissioner (now commissioner) was properly made a party and the state held primarily liable for the value of the land taken. Brown Heirs v. Cannon County, 165 Tenn. 554, 56 S.W.2d 735, 1932 Tenn. LEXIS 84 (1933).

Where, on the effective date of this section, right-of-way had been condemned but the question of damages had not been adjudicated, the state was primarily liable for the damages under this section. Department of Highways & Public Works v. Gamble, 18 Tenn. App. 95, 73 S.W.2d 175, 1934 Tenn. App. LEXIS 16 (Tenn. Ct. App. 1934).

Where property was taken over by the county as right-of-way for a state highway prior to the passage of the 1931 act but the amount remained unpaid on the passage of the act, such claims were not “settled” or paid prior to the passage of the act and the state was liable to the county under the statute for the amount of the claims paid by the county to the property owners. Phillips v. State, 177 Tenn. 265, 148 S.W.2d 369, 1940 Tenn. LEXIS 34 (1941).

7. —Suits by Property Owner Against County.

As between county and landowner, this section does not relieve the county of liability to pay for land taken prior to the effective date of this section. State Dep't of Highways v. Roseborough, 17 Tenn. App. 403, 68 S.W.2d 132, 1933 Tenn. App. LEXIS 75 (Tenn. Ct. App. 1933).

Property owner, whose land is taken by commissioner of highways (now commissioner of transportation) for highway purposes, can sue and recover from county for amount of damages sustained, though county has not entered into any agreement with highway department (now department of transportation) for purchase of right-of-way for use of state. Marion County v. Tydings, 169 Tenn. 286, 86 S.W.2d 565, 1935 Tenn. LEXIS 41 (1935).

It was proper and expedient for the attorney general to appear on behalf of the state and protect it from an unreasonable judgment in a suit by a landowner against the county for land taken by eminent domain. Stubblefield v. Warren County, 170 Tenn. 211, 93 S.W.2d 1269, 1935 Tenn. LEXIS 129 (1936).

Quarterly county court (now county legislative body) did not have the authority to levy a tax for payment of taking by county of property for construction of highway 16 years after property was taken especially where state by Public Acts 1931, ch. 57, transferred liability for acquisition of rights-of-way from county to the state. Hicks v. Fox, 190 Tenn. 82, 228 S.W.2d 68, 1950 Tenn. LEXIS 422 (1950).

8. — —Federal Court Jurisdiction.

In an action against a county for damages for depriving a landowner of access to a highway through the construction of another highway, the state, by virtue of its obligations under this section, is the real party in interest and such action cannot be brought in the federal district court without consent of the state. Graham v. Hamilton County, 266 F. Supp. 623, 1967 U.S. Dist. LEXIS 8413 (E.D. Tenn. 1967).

9. —Suits Against State.

Notwithstanding this section, § 20-13-102 prohibits action against the state or its department of highways (now department of transportation) for damages from the taking of land for highways. State Dep't of Highways v. Roseborough, 17 Tenn. App. 403, 68 S.W.2d 132, 1933 Tenn. App. LEXIS 75 (Tenn. Ct. App. 1933).

Where the state commenced a condemnation proceeding for highway purposes and received a judgment of condemnation with the question of damages for later adjudication, and where subsequently the landowners petitioned for damages, such petition was merely a continuation of the original action instituted by the state and the state could be held liable under this section. Department of Highways & Public Works v. Gamble, 18 Tenn. App. 95, 73 S.W.2d 175, 1934 Tenn. App. LEXIS 16 (Tenn. Ct. App. 1934).

10. —Proceedings by County.

County could not be enjoined from proceeding with highway construction and improvement on ground that the resolution by county court authorizing agreement between the county and the state highway department (now department of transportation) was void because of failure to comply with certain details as to specification of names of property holders involved, costs and the like, since if there was invalidity such invalidity could not affect the county adversely as this section provides that there shall be no liability on the part of the county unless there is a valid agreement with the state. Darwin v. Cookeville, 170 Tenn. 508, 97 S.W.2d 838, 1936 Tenn. LEXIS 22 (1936).

In condemnation proceedings for public highway purposes by counties, where it is apparent from the record that error has been committed, such error will be reviewed by the appellate court without the necessity of objection and exception. Bedford County v. Roseborough, 20 Tenn. App. 35, 95 S.W.2d 61, 1936 Tenn. App. LEXIS 2 (Tenn. Ct. App. 1936).

Where the court determined the liability of the state to the county under these sections and no exercise of discretion was called for in the payment of claim of the county, mandamus would lie to enforce payment of such claim. Phillips v. State, 177 Tenn. 265, 148 S.W.2d 369, 1940 Tenn. LEXIS 34 (1941).

11. Enforcement of Act.

The payment for rights-of-way by the commissioner of highways (now commissioner of transportation) may in a proper case be enforced by mandamus. Baker v. Donegan, 164 Tenn. 625, 47 S.W.2d 1095, 1931 Tenn. LEXIS 61 (1932).

The enforcement of this act was left by the general assembly to the discretion of the commissioner of highways and public works (now commissioner of transportation). Phillips v. Marion County, 166 Tenn. 83, 59 S.W.2d 507, 1932 Tenn. LEXIS 116 (1933).

Collateral References.

Compensation for diminution in value of the remainder of property resulting from taking or use of adjoining land of others for the same undertaking. 59 A.L.R.3d 488.

Eminent domain: Consideration of fact that landowner's remaining land will be subject to special assessment in fixing severance damages. 59 A.L.R.3d 534.

54-5-112. County legislative bodies must authorize payment by counties.

No county is to have entered into an agreement to cooperate with the department upon any state or state and federal aid highway project unless the agreement is first authorized by resolution of the county legislative body regularly adopted upon and after submittal to that body by the department of a proposal for the project in proper form, setting forth in detail the proposed improvement with location and routing, the landowners and their respective properties in areas and improvements affected by the project, and, if required, the approximate damages and costs of the project.

Acts 1931, ch. 57, § 3; C. Supp. 1950, § 3178.2 (Williams, § 3178.3); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-512; Acts 1981, ch. 264, § 12.

Cross-References. Alteration of location and grades of road, rights-of-way acquired by counties or commissioner, filing of right-of-way plans, § 54-5-110.

Textbooks. Tennessee Jurisprudence, 23 Tenn. Juris., Streets and Highways, § 13.

NOTES TO DECISIONS

1. Agreement Between County and State.

An agreement that a county “shall have entered into” is an agreement that a county shall have made after the enactment of the statute, when the effect of such an agreement was and could have been known by the officers of the county acting for it. Baker v. Donegan, 164 Tenn. 625, 52 S.W.2d 152, 1932 Tenn. LEXIS 157 (1932).

Property owner, whose land is taken by commissioner of highways (now commissioner of transportation) for highway purposes, can sue and recover from county for amount of damages sustained, though county has not entered into any agreement with highway department (now department of transportation) for purchase of right-of-way for use of state. Marion County v. Tydings, 169 Tenn. 286, 86 S.W.2d 565, 1935 Tenn. LEXIS 41 (1935).

A county can suffer no loss from proceeding under an invalid agreement with the state highway commission (now department of transportation) for the rerouting of a state highway through a town, and the county cannot be enjoined from proceeding under such agreement with the highway commission (department). Darwin v. Cookeville, 170 Tenn. 508, 97 S.W.2d 838, 1936 Tenn. LEXIS 22 (1936).

Collateral References.

Constitutionality of statutory provisions as to political corporations or divisions which shall bear cost of establishing or maintaining highway. 2 A.L.R. 746, 123 A.L.R. 1462.

54-5-113. Contracts to be written and signed.

All contracts under which any highway funds are to be expended shall be in writing duly signed by the commissioner.

Acts 1917, ch. 74, § 6; Shan., § 1720a29b23 (p. 6550); impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b54; Code 1932, § 3212; modified; Acts 1973, ch. 131, § 1; T.C.A. (orig. ed.), § 54-513; Acts 1981, ch. 264, § 5.

Cross-References. Public contracts generally, title 12, ch. 4.

54-5-114. Notice for bids — Advertising — Preparing and filing bids — Waiver.

  1. The department, before making contracts on its own behalf, or when acting as an agent, shall advertise for bids at least two (2) weeks prior to the date set for receiving bids by publishing a written notice on the department's Internet web site. The department may advertise for bids by publishing notice in a newspaper located in the county where the money is to be expended, in one (1) of the widely circulated daily newspapers in the grand division of the state where the work is to be done, or in other Internet or print media as the department may deem appropriate or necessary. Funding allocated by the department for purchasing advertising in a county having a population greater than two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census, and in counties located in rural west Tennessee, may be expended to purchase advertisements in one (1) or more newspapers published primarily for distribution within the county's African-American community.
  2. The notice shall describe the work to be performed and shall enable the bidders to prepare their bids. All bids must be sealed and filed with the commissioner or the authorized agent of the department at the place designated in the notice on or before the time fixed in the notice.
  3. The requirements of this section may be modified by the department in order to conform to any federal requirements that may accompany federal funds.
  4. The requirements of this section may be waived as provided in § 54-1-135.

Acts 1917, ch. 74, § 6; Shan., § 1720a29b24 (p. 6550); Shan. Supp., § 1720a7b55; Code 1932, § 3213; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; Acts 1973, ch. 42, § 1; T.C.A. (orig. ed.), § 54-514; impl. am. Acts 1981, ch. 264, § 12; Acts 1981, ch. 332, § 30; 1984, ch. 923, § 1; 1993, ch. 521, § 3; 2013, ch. 244, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2013 amendment rewrote the section which read: “(a) The department, before making contracts on its own behalf, or when acting as agent, shall advertise for bids at least two (2) weeks prior to the date set for receiving bids in some newspaper published in the county where the money is to be expended and also in one (1) of the widely circulated daily newspapers in that grand division of the state where the work is to be done. Funding allocated by the department for purchasing the advertising within a county having a population greater than two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census, and within counties located in rural west Tennessee, may be expended to purchase the advertisements within one (1) or more newspapers published primarily for distribution within the county's African-American community.“(b) In the event no newspaper is published in the county in which the work is to be done, advertisement shall be published in some newspaper in an adjacent county.“(c) The notice shall describe the work to be performed and shall enable the bidders to prepare their bids, which must be sealed and filed with the commissioner or the authorized agent of the department at a designated place on or before the time fixed in the notice.”

Effective Dates. Acts 2013, ch. 244, § 2. April 19, 2013.

Cross-References. Grand divisions, title 4, ch. 1, part 2.

Collateral References.

Authority of state, municipality, or other governmental entity to accept late bids for public works contracts. 49 A.L.R.5th 747.

“Emergency,” what is, within charter or statutory provision excepting emergency contract or work from requirement of bidding on public contracts. 71 A.L.R. 173.

Levee and flood control acts dispensing with bids in case of emergency. 70 A.L.R. 1294.

“Work,” what is covered by term, in statute relating to bids or proposals for public contracts. 92 A.L.R. 835.

54-5-115. Bonds to accompany bids.

The bids must be accompanied by proper bonds or guaranty that proper bond will be executed.

Acts 1917, ch. 74, § 6; Shan., § 1720a29b25 (p. 6550); Shan. Supp., § 1720a7b56; Code 1932, § 3214; T.C.A. (orig. ed.), § 54-515.

Collateral References.

Statutory condition prescribed for public contractor's bond as part of bond that does not in terms include it. 89 A.L.R. 446.

54-5-116. Opening bids and awarding contracts.

Sealed bids shall be opened in the presence of the bidders and public generally by the commissioner, or an authorized agent of the department, and the bidder making the best and most advantageous offer shall be awarded the contract by the department within thirty (30) days, upon complying with all requirements of the department, the lowest bid to be accepted.

Acts 1917, ch. 74, § 6; Shan., § 1720a29b26 (p. 6550); impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b57; Code 1932, § 3215; Acts 1968, ch. 418, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-516; Acts 1981, ch. 264, §§ 6, 12.

Cited: Modjeski & Masters v. Pack, 215 Tenn. 629, 388 S.W.2d 144, 1965 Tenn. LEXIS 639 (1965); M. C. West, Inc. v. Lewis, 522 F. Supp. 338, 1981 U.S. Dist. LEXIS 17879 (M.D. Tenn. 1981).

Collateral References.

Bond, for that bidder furnishes as affecting right to award contract to one other than lowest financial bidder. 86 A.L.R. 131.

Evasion of law requiring contract for public work to be let to lowest responsible bidder by subsequent changes in contract after it has been awarded pursuant to that law. 69 A.L.R. 697.

Federal funds requiring contractor, in case of public improvement aided by, to comply with conditions imposed by federal government as violation of requirement that contract be let to lowest responsible bidder. 113 A.L.R. 845.

Labor conditions or relations as factor in determining whether public contract should be let to lowest bidder. 110 A.L.R. 1406.

Mandamus to compel consideration, acceptance or rejection of bids. 80 A.L.R. 1382.

Variation by bidder from specifications on bid for public work. 65 A.L.R. 835.

54-5-117. Accepted bidder to be financially responsible and qualified under rules and regulations of commissioner.

Notwithstanding § 54-5-116, the bidder making the bid accepted shall be responsible and qualified under the laws of the state and under any valid rule or regulation of the commissioner; provided, that the commissioner is empowered to make reasonable rules and regulations the commissioner deems proper for the qualification of bidders as to financial responsibility, experience, organization and equipment, the number of contracts, the aggregate of the contract amounts at the contract unit prices, the character of construction, the number of miles of construction each bidder or contractor may have under contract or construction at one (1) time, or any other matter that would, in the commissioner's judgment, promote the best interests of the state in its highway construction, the power to make the rules and regulations being expressly not limited to rules and regulations as to the matters expressly listed in this section.

Acts 1929, ch. 80, § 1; mod. Code 1932, § 3216; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-517; Acts 1981, ch. 264, § 12.

54-5-118. Rejection of bids.

Any and all bids may be rejected, in the discretion of the commissioner, and they shall be rejected if the best bid is not deemed reasonable and fair to the state.

Acts 1917, ch. 74, § 6; Shan., § 1720a29b26 (p. 6550); impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b57; mod. Code 1932, § 3217; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-518; Acts 1981, ch. 264, § 12.

54-5-119. Contractors shall give bonds — Actions — Limitations.

  1. All contractors with whom contracts are made by the department shall enter into good and solvent surety bond in an amount fixed by the department, conditioned that acceptance or service of process upon the commissioner shall be service on them as their agent duly authorized to that end, and for the full and faithful performance of every part and stipulation of the contract, especially the payment for all materials purchased and for all labor employed in the contemplated work. This bond shall be approved by the department and filed with its records.
  2. All actions on bonds furnished under this section shall name the commissioner as a party-defendant and may be instituted in any court of competent jurisdiction in this state, but no action on bonds shall be commenced after the expiration of one (1) year following the date of the first publication of the notice provided for in § 54-5-122 with respect to the involved project.

Acts 1917, ch. 74, § 6; Shan., § 1720a29b27 (p. 6551); Shan. Supp., § 1720a7b58; mod. Code 1932, § 3218; impl. am. Acts 1959, ch. 9, § 3; Acts 1967, ch. 380, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-519; Acts 1981, ch. 264, § 12.

Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Mechanics' Liens, § 12; 23 Tenn. Juris., Streets and Highways, § 18; 23 Tenn. Juris., Suretyship, § 37.

Cited: Southland Tractors, Inc. v. H & N Constr. Co., 52 Tenn. App. 664, 377 S.W.2d 789, 1963 Tenn. App. LEXIS 122 (Tenn. Ct. App. 1963).

NOTES TO DECISIONS

1. Construction.

This section, the Mechanic's Lien Law, the statutes creating liens for labor and materials used in railroad construction and those providing for bonds to protect such claims in the construction of public works, should have uniform construction and application. Nicks v. W. C. Baird & Co., 165 Tenn. 89, 52 S.W.2d 147, 1931 Tenn. LEXIS 175 (1932).

When the statutes governing bonds for public works generally are out of harmony with this statute, the latter controls. Pan American Petroleum Corp. v. McQuary, 164 Tenn. 646, 51 S.W.2d 854, 1931 Tenn. LEXIS 64 (1932).

For the purpose of defining rights of subcontractors, laborers and materialmen against sureties on performance bonds, § 12-4-206 relating to parties and limitation of actions is applicable to all public contracts including state highway contracts. Thompson & Green Machinery Co. v. Travelers Indem. Co., 57 Tenn. App. 592, 421 S.W.2d 643, 1967 Tenn. App. LEXIS 249 (Tenn. Ct. App. 1967).

2. Coverage of Bond.

3. —Payment of Labor.

A cost accountant and commissary clerk, and superintendent of subcontractors of a subcontractor are not such laborers or employees as are entitled to recover arrearages of salary due them from the subcontractor. Southern Const. Co. v. Halliburton, 149 Tenn. 319, 258 S.W. 409, 1923 Tenn. LEXIS 102 (1923).

A general contractor and his surety were not liable for services of a foreman of construction work undertaken by a subcontractor, his duties being to look after the men and to see that their work was done in proper time and in a proper way. Southern Const. Co. v. Halliburton, 149 Tenn. 319, 258 S.W. 409, 1923 Tenn. LEXIS 102 (1923).

A highway contractor and surety are not liable for work done by the subcontractors of a subcontractor. Southern Const. Co. v. Halliburton, 149 Tenn. 319, 258 S.W. 409, 1923 Tenn. LEXIS 102 (1923); Pan American Petroleum Corp. v. McQuary, 164 Tenn. 646, 51 S.W.2d 854, 1931 Tenn. LEXIS 64 (1932).

4. —Payment of Material.

Coal used as fuel in road machinery is covered. Pittsburg Coal Co. v. Southern Asphalt & Constr. Co., 138 Tenn. 154, 196 S.W. 490, 1917 Tenn. LEXIS 17 (1917); Consolidated Engineering Co. v. Wedow & Myers, Inc., 154 Tenn. 358, 289 S.W. 507, 1926 Tenn. LEXIS 133 (1926).

Feed for mules used on the work is covered. Southern Const. Co. v. Halliburton, 149 Tenn. 319, 258 S.W. 409, 1923 Tenn. LEXIS 102 (1923).

Coal used in rock crusher engine employed by a subcontractor is covered. Southern Const. Co. v. Halliburton, 149 Tenn. 319, 258 S.W. 409, 1923 Tenn. LEXIS 102 (1923).

Lumber used in rock beds and not shown to have been consumed in such use is not covered. Southern Const. Co. v. Halliburton, 149 Tenn. 319, 258 S.W. 409, 1923 Tenn. LEXIS 102 (1923).

Groceries or food furnished a subcontractor, and used by the latter in the camps where his laborers were fed were not covered. Southern Const. Co. v. Halliburton, 149 Tenn. 319, 258 S.W. 409, 1923 Tenn. LEXIS 102 (1923).

Parties furnishing grease and gasoline could not recover against surety where it was not shown what use was made of such gasoline. Southern Const. Co. v. Halliburton, 149 Tenn. 319, 258 S.W. 409, 1923 Tenn. LEXIS 102 (1923).

Tires and inner tubes supplied to a subcontractor for trucks are not covered. Hamblen Motor Co. v. Miller & Harle, 150 Tenn. 602, 266 S.W. 99, 1924 Tenn. LEXIS 32 (1924).

Gasoline and kerosene, carried in trucks by a motor company and delivered therefrom to a subcontractor's tanks, from which his trucks and machinery obtained their fuel supply, notwithstanding slight diversion in use of trucks without seller's knowledge, constitute a lien. Hamblen Motor Co. v. Miller & Harle, 150 Tenn. 602, 266 S.W. 99, 1924 Tenn. LEXIS 32 (1924).

Surety on a state highway contractor's bond is liable only for materials consumable in use or intended to be consumed. Nicks v. W. C. Baird & Co., 165 Tenn. 89, 52 S.W.2d 147, 1931 Tenn. LEXIS 175 (1932).

Rental payments for materials used by a contractor in the execution of a state highway contract are recoverable against his surety, whereas payments that consummate in the actual sale of the material to the contractor are not so recoverable. United States Fidelity & Guaranty Co. v. Thompson & Green Machinery Co., 568 S.W.2d 821, 1978 Tenn. LEXIS 613 (Tenn. 1978).

Where a public contractor agreed to rent equipment from plaintiff upon payment of a fixed monthly rental for a specified minimum term, although plaintiff commonly extended to its lessees the option to purchase the equipment when the aggregate rentals equalled the value of the equipment, the court refused to accept the surety's argument that the transaction was a conditional sales contract intended to form a security interest in the equipment and held instead that since the contract contained no express option to purchase, it constituted a true lease and therefore the surety was liable on its statutory bond for the unpaid rentals. United States Fidelity & Guaranty Co. v. Thompson & Green Machinery Co., 568 S.W.2d 821, 1978 Tenn. LEXIS 613 (Tenn. 1978).

A supplier of materials who performed no labor in the installation of the materials could not collect under the highway contractor's bond under T.C.A. § 54-5-119 read together with T.C.A. § 54-5-122(2). Inryco, Inc. v. Eatherly Constr. Co., 793 F.2d 767, 1986 U.S. App. LEXIS 26340 (6th Cir. Tenn. 1986).

5. Services.

Rent of subcontractor's campsite occupied by his outfit is not covered. Southern Const. Co. v. Halliburton, 149 Tenn. 319, 258 S.W. 409, 1923 Tenn. LEXIS 102 (1923).

Storage, washing and polishing car of subcontractor is not covered. Southern Const. Co. v. Halliburton, 149 Tenn. 319, 258 S.W. 409, 1923 Tenn. LEXIS 102 (1923).

6. —Use of Equipment.

Hire of automobile for foreman of subcontractor is not covered. Southern Const. Co. v. Halliburton, 149 Tenn. 319, 258 S.W. 409, 1923 Tenn. LEXIS 102 (1923).

Use of tractor and operatives by employees of subcontractor is covered. Southern Const. Co. v. Halliburton, 149 Tenn. 319, 258 S.W. 409, 1923 Tenn. LEXIS 102 (1923).

Rental charge for a steam boiler not part of contractor's regular equipment but used specially in construction work is covered. Nicks v. W. C. Baird & Co., 165 Tenn. 89, 52 S.W.2d 147, 1931 Tenn. LEXIS 175 (1932).

In view of changed methods of conduct of construction work, the charges paid by a contractor for the use of a steam boiler leased for special use in the construction of a state highway constitute lienable material. It is not essential that material be incorporated into highway, the rentals were consumed in forwarding the construction. Nicks v. W. C. Baird & Co., 165 Tenn. 89, 52 S.W.2d 147, 1931 Tenn. LEXIS 175 (1932).

Rental payments on machinery used on construction of highway are proper claims against the contractor's bond. Thompson & Green Machinery Co. v. M. P. Smith Constr. Co., 44 Tenn. App. 26, 311 S.W.2d 614, 1957 Tenn. App. LEXIS 147 (Tenn. Ct. App. 1957).

7. —Damage to Property.

A contractor and surety are not liable for damages for injuries to property resulting from blasting by the subcontractor. Southern Const. Co. v. Halliburton, 149 Tenn. 319, 258 S.W. 409, 1923 Tenn. LEXIS 102 (1923).

8. Claims.

9. —Defenses.

Surety on contract bond was not liable for claim sued three years after advertisement for claims, since claim was not sued within a reasonable time. Hurst v. Dawson Bros. & Beaver, 167 Tenn. 572, 72 S.W.2d 767, 1934 Tenn. LEXIS 13 (1934).

10. —Interest.

Claimant obtaining a judgment against a subcontractor is entitled to interest on his judgment as against the general creditors and his surety. Southern Const. Co. v. Halliburton, 149 Tenn. 319, 258 S.W. 409, 1923 Tenn. LEXIS 102 (1923).

In proceedings against a general highway contractor and his surety by claimants against subcontractors, there was no error in allowing interest on the claims only from the date of the chancellor's decree, for the allowance of interest is a matter of discretion. Southern Const. Co. v. Halliburton, 149 Tenn. 319, 258 S.W. 409, 1923 Tenn. LEXIS 102 (1923).

11. —Statute of Limitations.

The provision of § 12-4-206 limiting all actions by claimants against sureties on public contract bonds to six months is applicable to bonds executed under this section. Thompson & Green Machinery Co. v. Travelers Indem. Co., 57 Tenn. App. 592, 421 S.W.2d 643, 1967 Tenn. App. LEXIS 249 (Tenn. Ct. App. 1967).

The 1967 amendment to this section rendered the statute of limitations provided for in § 12-4-206 inapplicable to suits on highway contractors' bonds under this section. United States Fidelity & Guaranty Co. v. Thompson & Green Machinery Co., 568 S.W.2d 821, 1978 Tenn. LEXIS 613 (Tenn. 1978).

The 1967 amendment of this section specifies the sole limitation on actions on highway contractors' bonds and, therefore, the notice provisions of § 12-4-205 do not apply in lieu of specific notice requirements in the Highway Act. United States Fidelity & Guaranty Co. v. Thompson & Green Machinery Co., 568 S.W.2d 821, 1978 Tenn. LEXIS 613 (Tenn. 1978).

The 1967 amendment to this section did not provide that notice of claims be given, the sole limitation of the amendment being that suits on highway contractors' bonds be commenced within one year following the date of the first publication of the notice provided in § 54-5-122. United States Fidelity & Guaranty Co. v. Thompson & Green Machinery Co., 568 S.W.2d 821, 1978 Tenn. LEXIS 613 (Tenn. 1978).

The notice requirements of § 54-5-122 and the 60-day period of limitation on commencement of actions provided by § 54-5-123 apply by their very terms only to claims asserted against the retainage fund in the hands of the commissioner of highways, and have no application to suits against the surety on the original payment bond by furnishers of labor or material. United States Fidelity & Guaranty Co. v. Thompson & Green Machinery Co., 568 S.W.2d 821, 1978 Tenn. LEXIS 613 (Tenn. 1978).

12. —Notice.

The provisions of § 12-4-205 requiring notice of outstanding claims within 90 days after completion of a public contract are not applicable to highway contracts. United States Fidelity & Guaranty Co. v. Thompson & Green Machinery Co., 568 S.W.2d 821, 1978 Tenn. LEXIS 613 (Tenn. 1978).

The notice requirements for recovery of the “retainage” held by the state provided for in § 54-5-122 are not applicable in a suit that seeks recovery directly against the surety as allowed by this section. United States Fidelity & Guaranty Co. v. Thompson & Green Machinery Co., 568 S.W.2d 821, 1978 Tenn. LEXIS 613 (Tenn. 1978).

Collateral References.

Choice of law as to applicable statute of limitations in contract actions. 78 A.L.R.3d 639.

Contractor for public improvement not legally authorized, recovery of premiums paid on bond of. 42 A.L.R. 307.

Insurance premiums other than workmen's compensation, contractor's bond as covering. 129 A.L.R. 1087.

Loans or advances to building or construction contractor as within coverage of his bond. 127 A.L.R. 974, 164 A.L.R. 782.

Loss of profits of subcontractor, laborer, or materialman as within coverage of contractor's bond. 119 A.L.R. 1281.

Medical or hospital services to employees, claim for, as within coverage of bond. 81 A.L.R. 1051.

Statutory condition prescribed for public contractor's bond as part of bond which does not in terms include it. 89 A.L.R. 446.

Statutory conditions, effect of affirmative provision in public contractor's bond excluding. 47 A.L.R. 502, 89 A.L.R. 457.

Strike, what amounts to within strike clause of contractors' bonds. 11 A.L.R. 1004, 35 A.L.R. 721, 125 A.L.R. 1304.

54-5-120. Inspection, approval and acceptance of work to be specified.

The contract shall provide that the work executed under the contract shall be subject to the inspection, approval, and acceptance of the commissioner acting on oath and under bond.

Acts 1917, ch. 74, § 6; Shan., § 1720a29b28 (p. 6551); Shan. Supp., § 1720a7b59; Code 1932, § 3219; T.C.A. (orig. ed.), § 54-520; Acts 1981, ch. 264, § 7.

Collateral References.

Architect or engineer, conclusiveness of certificate or decision of, under building or construction contract. 54 A.L.R. 1255, 110 A.L.R. 137.

Construction of building or construction contract, powers of architect or engineer in respect of. 137 A.L.R. 530.

Extension of time, finality of decision of architect or engineer as to, for purposes of liability for liquidated damages where delay is due to acts of contractee or third person. 152 A.L.R. 1385.

54-5-121. [Repealed.]

Compiler's Notes. Former 54-5-121 (Acts 1917, ch. 74, § 6; Shan., § 1720a29b29 (p. 6551); Shan. Supp., § 1720a7b60; Code 1932, § 3220; Acts 1959, ch. 176, § 1; T.C.A. (orig. ed.), § 54-521; Acts 1983, ch. 253, § 1), concerning limited payment before completion and acceptance of highway work, was repealed by Acts 2004, ch. 605, § 1, effective August 1, 2005.

54-5-122. Full settlement with contractor.

The department may close a project after the following have occurred:

  1. The department shall provide thirty (30) days notice in some newspaper published in the county where the work is done, if there is a newspaper published there, and if not, in a newspaper in an adjoining county, that final settlement is about to be made and notifying all claimants to file notice of their claims with the department and the contractor's surety. The period for filing a notice of claim shall not be less than thirty (30) days after the last published notice. No notice of claim shall be valid unless it is verified by oath and filed after the publication of the first notice; and
  2. The contractor shall furnish evidence to satisfy the department that all the material used by the contractor, its subcontractors or its agents has been fully paid for and all laborers and other employees working for the contractor, its subcontractors or its agents have been fully paid.

Acts 1917, ch. 74, § 6; Shan., § 1720a29b30 (p. 6551); Shan. Supp., § 1720a7b61; Code 1932, § 3221; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-522; Acts 1983, ch. 132, § 1; 1984, ch. 807, § 1; 2004, ch. 605, § 2.

Textbooks. Tennessee Jurisprudence, 23 Tenn. Juris., Streets and Highways, § 18; 23 Tenn. Juris., Suretyship, § 37.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

NOTES TO DECISIONS

1. Notice of Claims.

Notice of claims need not be filed until advertisement for filing of claims is made. Southern Const. Co. v. Halliburton, 149 Tenn. 319, 258 S.W. 409, 1923 Tenn. LEXIS 102 (1923).

The highway commissioner (now commissioner of transportation) is not required to procure an affidavit from the contractor that all claims have been satisfied before proceeding with the advertising required by this law where it is obvious that there are claims for labor and materials unpaid by the contractor. Equitable Casualty & Surety Co. v. Jackson, 163 Tenn. 54, 44 S.W.2d 899, 1930 Tenn. LEXIS 137 (1931).

The 30 days from date of last advertisement applies to the giving of notice, and not to the bringing of suit. Equitable Casualty & Surety Co. v. Jackson, 163 Tenn. 54, 44 S.W.2d 899, 1930 Tenn. LEXIS 137 (1931).

The notice requirements for recovery of the “retainage” held by the state provided for in this section are not applicable in a suit that seeks recovery directly against the surety as allowed by § 54-5-119. United States Fidelity & Guaranty Co. v. Thompson & Green Machinery Co., 568 S.W.2d 821, 1978 Tenn. LEXIS 613 (Tenn. 1978).

The 1967 amendment to § 54-5-119 did not provide that notice of claims be given, the sole limitation of the amendment being that suits on highway contractors' bonds be commenced within one year following the date of the first publication of the notice provided in this section. United States Fidelity & Guaranty Co. v. Thompson & Green Machinery Co., 568 S.W.2d 821, 1978 Tenn. LEXIS 613 (Tenn. 1978).

The notice requirements of this section and the 60-day period of limitation on commencement of actions provided by § 54-5-123 apply by their very terms only to claims asserted against the retainage fund in the hands of the commissioner of highways (now commissioner of transportation), and have no application to suits against the surety on the original payment bond by furnishers of labor or material. United States Fidelity & Guaranty Co. v. Thompson & Green Machinery Co., 568 S.W.2d 821, 1978 Tenn. LEXIS 613 (Tenn. 1978).

The provisions of § 12-4-205 requiring notice of outstanding claims within 90 days after completion of a public contract are not applicable to highway contracts. United States Fidelity & Guaranty Co. v. Thompson & Green Machinery Co., 568 S.W.2d 821, 1978 Tenn. LEXIS 613 (Tenn. 1978).

2. Suit on Claims.

Surety on contract bond was not liable for claim sued three years after advertisement for claims, since claim was not sued within a reasonable time. Hurst v. Dawson Bros. & Beaver, 167 Tenn. 572, 72 S.W.2d 767, 1934 Tenn. LEXIS 13 (1934).

3. Claim by Materials Supplier.

A supplier of materials who performed no labor in the installation of the materials could not collect under the highway contractor's bond under T.C.A. § 54-5-119 read together with T.C.A. § 54-5-122. Inryco, Inc. v. Eatherly Constr. Co., 793 F.2d 767, 1986 U.S. App. LEXIS 26340 (6th Cir. Tenn. 1986).

Collateral References.

Choice of law as to applicable statute of limitations in contract actions. 78 A.L.R.3d 639.

54-5-123. Sums withheld — Final settlement.

  1. From the three and one half percent (3 ½%) retained on any contract executed prior to August 2005, that is being closed and to the extent the funds are due the contractor, the department shall withhold from the contractor a sum sufficient to pay all claims, of which notice is appropriately filed with the department, for a period of sixty (60) days from the date of the last advertising, to allow claimants to sue and prove their claims against the contractor or its agent, in some court of competent jurisdiction. In the event a civil action is brought against the contractor by any claimant within sixty (60) days from the day of the last advertising, the department shall pay the amount of the claim into court from any funds of the contractor the department is holding, if any. But in all cases where civil actions are not brought within sixty (60) days, the department shall pay any sums being held by the department, if any, to the contractor. No civil action shall be valid unless it is filed after the filing of a notice of claim with the department in accordance with § 54-5-122.
  2. On the date set for full and final settlement with the contractor, the contractor may make proper refunding bond to the state for the amount of any sum or sums so held for the period of sixty (60) days, the bond to be approved by the department, whereupon it shall pay the contractor in full.

Acts 1917, ch. 74, § 6; Shan., § 1720a29b31 (p. 6551); Shan. Supp., 1720a7b62; impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Acts 1929, ch. 80, § 1; mod. Code 1932, § 3222; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-523; Acts 1984, ch. 807, § 2; 2004, ch. 605, § 3.

Textbooks. Tennessee Jurisprudence, 23 Tenn. Juris., Streets and Highways, § 18.

Cited: Thompson & Green Machinery Co. v. Travelers Indem. Co., 57 Tenn. App. 592, 421 S.W.2d 643, 1967 Tenn. App. LEXIS 249 (Tenn. Ct. App. 1967).

NOTES TO DECISIONS

1. Constitutionality.

Public Acts 1929, ch. 80, amending this section by providing for release of funds by state to contractor upon execution of a refunding bond could not be applied so as to release surety on performance bond executed prior to passage of amendment even though refunding bond was executed after passage of the act, since to do so would impair obligation of contract if done without consent of the obligee. International Steel & Iron Co. v. National Surety Co., 297 U.S. 657, 56 S. Ct. 619, 80 L. Ed. 961, 1936 U.S. LEXIS 949 (1936).

2. Interest in Sums Withheld.

Where contractor failed to complete his contract and assigned all rights therein to his surety, contractor's trustee in bankruptcy, subsequently appointed, had no title or interest in the sum withheld from the contract price by the commissioner. Walters v. Frank, 171 Tenn. 599, 106 S.W.2d 857, 1937 Tenn. LEXIS 142 (1937).

3. Time for Filing Suit.

The 60 days' limitation in this law applies alone to the bringing of suit and not to the giving of the required notice. Equitable Casualty & Surety Co. v. Jackson, 163 Tenn. 54, 44 S.W.2d 899, 1930 Tenn. LEXIS 137 (1931).

The responsibility assumed by the state for the payment of laborers and materialmen ends, if suits are not brought within the period of 60 days. Campbell v. Cresap, 166 Tenn. 75, 59 S.W.2d 523, 1932 Tenn. LEXIS 115 (1932).

The holding that generally suits must be brought in 60 days from the last advertisement for claims has no application to a case where the claim is filed in time, and a refunding bond is executed covering the identical claim and particularly, where a waiver of the 60-day limitation is broadly expressed in a stipulation between the parties. Standard Oil Co. v. Jamison Bros., Inc., 166 Tenn. 53, 59 S.W.2d 522, 1932 Tenn. LEXIS 111 (1933).

The 60-day limitation referred to and provided for in this section has no application to a suit not brought to recover any funds retained by the commissioner but as an independent action against the surety on its contractual obligation to pay for materials furnished upon default of the contractor. Atlantic Refining Co. v. Standard Acc. Ins. Co., 174 Tenn. 11, 120 S.W.2d 687, 1938 Tenn. LEXIS 57 (1938).

The notice requirements of § 54-5-122 and the 60-day period of limitation on commencement of actions provided by this section apply by their very terms only to claims asserted against the retainage fund in the hands of the commissioner, and have no application to suits against the surety on the original payment bond by furnishers of labor or material. United States Fidelity & Guaranty Co. v. Thompson & Green Machinery Co., 568 S.W.2d 821, 1978 Tenn. LEXIS 613 (Tenn. 1978).

4. Payment of Funds into Court.

The provision in this law that if suit is brought against a contractor within 60 days by a claimant, the department shall pay the amount into court has reference to those claims, notice of which has been filed with the department within 30 days of advertisement. Equitable Casualty & Surety Co. v. Jackson, 163 Tenn. 54, 44 S.W.2d 899, 1930 Tenn. LEXIS 137 (1931).

5. Refunding Bond.

Where notice of a claim is seasonably filed and suit brought thereon within 60 days, the commissioner in order to avoid the tie-up of his retainage pending litigation with the claimant, upon execution of a bond satisfactory to the commissioner, covering the claims in litigation, shall pay the contractor in full. Campbell v. Cresap, 166 Tenn. 75, 59 S.W.2d 523, 1932 Tenn. LEXIS 115 (1932).

It is not required that a licensed surety company, surety on contractor's bond taking over his work for completion, execute a refunding bond with a surety supplied by it, even where such surety company takes over the retainage. The commissioner breached no duty to claimants in taking bond without such added surety. Campbell v. Cresap, 166 Tenn. 75, 59 S.W.2d 523, 1932 Tenn. LEXIS 115 (1932).

Refunding bond is a substitute for retainage by commissioner hence surety on refunding bond is not liable for claims unless suit is filed upon same within 60-day period. Hurst v. Dawson Bros. & Beaver, 167 Tenn. 572, 72 S.W.2d 767, 1934 Tenn. LEXIS 13 (1934).

54-5-124. Civil actions against contractors by claimants.

  1. All civil actions against contractors brought by any claimant shall make the commissioner a defendant to the action by issuance of process from the county where the civil action was filed to the county of the defendant, and they shall be brought in the county where the main office of the department is situated or in any county in which any part of the work was prosecuted. In the event that the department is not holding sums due a contractor described in § 54-5-123(a) or upon payment of the amount specified in subsection (b), upon request by the commissioner, the commissioner shall be dismissed as a party.
  2. When a civil action has been properly brought, in the event the department is holding any amount due a contractor described in § 54-5-123(a), the amount or the amount of the claim, whichever is less, shall be paid into court.

Acts 1929, ch. 80, § 1; mod. Code 1932, § 3222; impl. am. Acts 1959, ch. 9, § 3; impl am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-524; Acts 1984, ch. 807, § 3; 2004, ch. 605, §§ 4, 5.

Textbooks. Tennessee Jurisprudence, 23 Tenn. Juris., Streets and Highways, § 18.

Law Reviews.

Tennessee and Federal Interpleader (J. Harvey Cameron), 30 Tenn. L. Rev. 609.

NOTES TO DECISIONS

1. Director as a Party.

The provision for making the commissioner a party has no application to a suit upon an agreement of a surety to pay all claims if the statutory remedy were not pursued by claimant. T. J. Moss Tie Co. v. Newsom, 164 Tenn. 515, 51 S.W.2d 477, 1932 Tenn. LEXIS 17 (1932).

The former text of T.C.A. § 54-5-124, “All suits against contractors brought by any claimant shall make the commissioner of highways [now commissioner of transportation] and public works a defendant,” are to be given a reasonable interpretation, and apply only to cases in which the commissioner has some concern — in which his interest or that of the state may be affected. When a refunding bond is given and the retainage withdrawn by the contractor, the commissioner passes out of the picture. Standard Oil Co. v. Jamison Bros., Inc., 166 Tenn. 53, 59 S.W.2d 522, 1932 Tenn. LEXIS 111 (1933).

2. Action on Bond.

Where the proceeding is not brought under the highway act and the bureau (now department) has no interest in the suit, the reason for localizing the action ceases, and the rule itself ceases, and the general rule that provides that actions on bonds of this character are transitory applies. T. J. Moss Tie Co. v. Newsom, 164 Tenn. 515, 51 S.W.2d 477, 1932 Tenn. LEXIS 17 (1932).

A refunding bond is of dual nature, claimant may sue thereon even though it be made payable to the state. Standard Oil Co. v. Jamison Bros., Inc., 166 Tenn. 53, 59 S.W.2d 522, 1932 Tenn. LEXIS 111 (1933); Campbell v. Cresap, 166 Tenn. 75, 59 S.W.2d 523, 1932 Tenn. LEXIS 115 (1932).

54-5-125. Dismissal of suit as to commissioner — Oath of claimant — More than one claimant.

  1. The petition shall be signed by the commissioner, or by the attorney for the department for the commissioner; and upon the filing of the petition accompanied by payment, the suit shall be dismissed as to the commissioner as a matter of right, the sum paid into court as to the plaintiff or claimant standing in lieu and as a satisfaction of the contractor's bond and a fulfillment of the duties of the department to the claimant or plaintiff.
  2. No claimant shall file a claim with the department without verifying the claim by oath.
  3. Where more than one (1) claimant files suit in the same court, the commissioner may embrace in one (1) petition the names of the claimants, the aggregate amounts of their claims, etc., accompanying the petition with photostats, and making payment by one (1) voucher to cover the whole.

Acts 1929, ch. 80, § 1; mod. Code 1932, § 3222; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-525; Acts 1981, ch. 264, § 12.

54-5-126. Judge hearing suit — Procedure.

  1. Where suit is brought by any claimant or claimants before a judge of the court of general sessions, the voucher or warrant shall be payable to the order of the judge before whom the suit is pending, but no judge shall endorse or have cashed the voucher or warrant until the disposition of the case or cases pending, when the judge may endorse and deliver the voucher or warrant to the party entitled to the voucher or warrant, or endorse and cash the voucher or warrant for the purpose of distribution of the proceeds to the parties entitled to the proceeds.
  2. In all instances where the commissioner's decision is appealed unless the voucher or warrant is endorsed and cashed for the purposes of partial distribution, the judge shall endorse the voucher or warrant to the circuit court clerk on appeal and transmit it with the appeal papers.
  3. Where the judge endorses and cashes the voucher or warrant for partial distribution, if any one (1) of several claimants appeals to the circuit court, the appellant shall transmit, with the appeal papers, cash equal to the amount of the claim concerning which the appeal or appeals are taken.

Acts 1929, ch. 80, § 1; mod. Code 1932, § 3222; T.C.A. (orig. ed.), § 54-526; impl. am. Acts 1979, ch. 68, § 3.

54-5-127. Final judgment in suit — Pro rata payments — Interest.

  1. Upon final disposition of any case where suit is brought by a claimant or claimants, the court making final order and determination shall direct to be paid, and the judge of the court of general sessions or clerk shall pay, the sum or sums paid into court by the commissioner to the parties entitled to the sum or sums under the decree or judgment of the court.
  2. In any instance when the aggregate of the claims filed with the commissioner in due time exceeds the aggregate retained or contract amounts due the contractor, the commissioner, in making payments into court as provided in subsection (a), if any, shall make the same on a pro rata basis.
  3. A contractor shall be entitled to recover from the claimant, upon cross-petition duly filed, interest at the rate of six percent (6%) per annum, on so much of any money withheld from the contractor on account of any claim or part of the claim as is disallowed by the court, the interest to run from the date of settlement with the contractor to the date an order of the court is entered directing the disposition of funds paid into the court by the commissioner.

Acts 1929, ch. 80, § 1; Code 1932, § 3222; impl. am. Acts 1959, ch. 9, § 3; Acts 1967, ch. 156, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-527; impl. am. Acts 1979, ch. 68, § 3; Acts 1981, ch. 264, § 12.

NOTES TO DECISIONS

1. Jurisdiction.

Where lien claimant filed foreclosure in chancery court against contractor who filed bankruptcy prior to payment of percentage funds into court by the state, chancery court had exclusive jurisdiction to determine proceeding without interference by bankruptcy court. Dannel v. Wilson-Weesner-Wilkinson Co., 109 F.2d 364, 1940 U.S. App. LEXIS 4889 (6th Cir. Tenn. 1940).

2. Attorney Fees.

Attorney for creditors of highway contractors who filed creditors proceeding was entitled to fee to be deducted from fund paid into court by commissioner. Atlas Powder Co. v. Detroit Fidelity & Surety Co., 164 Tenn. 605, 51 S.W.2d 841, 1931 Tenn. LEXIS 57 (1932).

54-5-128. Prison labor — Using — Purchasing equipment.

  1. Where satisfactory bids cannot be secured, or where, in the judgment of the department, it is more feasible to execute any work by prison labor or free labor, authority is given the department to use prison labor, either state or county, or free labor, and to purchase equipment necessary to carry on the work; provided, that the inmates shall be available by law at the time and satisfactory arrangements can be made by which they may be used.
  2. When work is executed by means of labor of state inmates, the commissioner shall pay for the labor on the highway work according to rules and regulations prescribed by law and the state authorities, who may furnish the inmates, and, if the inmates so used are county inmates, the county authorities controlling the inmates shall receive pay for the labor at the price to be agreed upon by the commissioner and the respective county officials authorized to furnish the labor.
  3. In case the commissioner is not able to make satisfactory arrangements to construct the highways with state or county inmate labor or by contract with other parties, then the commissioner is empowered to build and construct the highways, either on force account by contract or in a manner deemed advisable by the commissioner.

Acts 1917, ch. 77, § 6; Shan., § 1720a29b32 (p. 6551); Acts 1919, ch. 149, § 11; impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., §§ 1720a7b11, 1720a7b63; Code 1932, §§ 3180, 3223; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-528; Acts 1981, ch. 264, § 12.

Cross-References. Felons and other prisoners to work on roads, §§ 41-2-12341-2-125.

Road work by convicts and prisoners, title 41, ch. 22.

54-5-129. Commissioner financing improvements of section of state highway system — Funds to be repaid without interest.

If any county, county commission or road board, district, city, town, person or corporation desires immediately to improve any section of the state highway system as designated and established by the commissioner, the commissioner may enter into an agreement with the county, county commission, or road board, district, city, or town officials, or other parties, to finance the construction or reconstruction of the highway or section of the highway, and any funds advanced to the commissioner pursuant to the agreement shall be repaid without interest, as and when the general assembly may provide the funds, and the commissioner may apportion the funds for the improvement.

Acts 1921, ch. 178, § 1; impl. am. Acts 1923, ch. 7, §§ 1, 2, 33; Shan. Supp., § 1720a7b22; Code 1932, § 3185; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-529; Acts 1981, ch. 264, § 12.

54-5-130. Counties required to contribute proportionally for construction of highways.

The commissioner has the power, within reasonable discretion, to require of any county where a road or roads are to be built to contribute its fair proportion of the funds necessary to construct the highway, but in no case more than fifty percent (50%) shall be required.

Acts 1919, ch. 149, § 22; Shan. Supp., § 1720a7b23; Code 1932, § 3186; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-530; Acts 1981, ch. 264, § 12.

Collateral References.

Constitutionality of statutory provisions as to political corporations or divisions that shall bear cost of establishing or maintaining highway. 2 A.L.R. 746, 123 A.L.R. 1462.

54-5-131. Public hearings.

  1. State highway projects funded totally from state appropriations shall be subject to public hearings only in the following instances:
    1. The commissioner determines that the public interest would be served if a public hearing was held; or
    2. The commissioner determines that the project:
      1. Requires the acquisition of significant amounts of right-of-way; or
      2. Substantially changes the layout or function of connecting roadways or of the project roadway.
  2. The department shall hold the hearings at convenient locations before plans for the project are finally adopted, and shall consider the economic and social effects of the proposed location of the proposed highway, as well as its impact on the environment, and its consistency with the goals and objectives of any urban planning as may have been adopted by the community.

Acts 1972, ch. 829, § 7; T.C.A., § 54-579; Acts 1980, ch. 516, § 1; 1985, ch. 218, § 1.

54-5-132. [Repealed.]

Compiler's Notes. Former § 54-5-132 (Acts 1949, ch. 52, § 1; mod. C. Supp. 1950, § 3277.1 (Williams, § 3277.3); T.C.A. (orig. ed.), § 54-539), concerning the discontinuation of the collection of tolls, was repealed by Acts 2007, ch. 597, §  14, effective June 28, 2007.

54-5-133. Eradication and control of noxious weeds.

The commissioner shall adequately eradicate or control, or both, by chemical or other means, noxious weeds growing on state highway rights-of-way whenever areas adjacent to the rights-of-way are determined by the commissioner of agriculture, in accordance with § 43-1-106, to be row crop areas or grassland areas.

Acts 1972, ch. 801, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-578; Acts 1981, ch. 264, § 12; 2013, ch. 308, § 26.

Amendments. The 2013 amendment rewrote the section which read: “The commissioner shall adequately eradicate or control, or both, by chemical or other means, noxious weeds growing on state highway rights-of-way in the following instances:“(1) Johnson grass along state highway rights-of-way whenever areas adjacent to the rights-of-way are determined by the commissioner of agriculture, in accordance with § 43-1-106, to be row crop areas; and“(2) Canadian thistles along state highway rights-of-way whenever areas adjacent to the rights-of-way are determined by the commissioner of agriculture, in accordance with § 43-1-106, to be grassland areas.”

Effective Dates. Acts 2013, ch. 308, § 46. July 1, 2013.

54-5-134. Cutting hay along controlled access highway right-of-way.

    1. Residents of the state who derive a significant portion of their annual income by farming may petition the department for permission to cut and bale hay along the rights-of-way of interstate highways located within the state, and other controlled access highway facilities located within the state, whether totally or partially controlled; provided, that the hay is to be used for personal farming purposes and may not be sold.
    2. The commissioner is authorized to grant permission upon individual request.
    1. In order to promote the safety of motorists and persons engaged in cutting and baling activity, the commissioner shall promulgate rules and regulations regarding the granting of permission and the performance of the cutting and baling activity.
    2. These rules and regulations shall include:
      1. Restrictions on the hours and days during which cutting and baling activity may be performed;
      2. Restrictions on the areas in which cutting and baling activity may be performed; and
      3. Any other reasonable measures designed to minimize the possibility of traffic mishaps resulting from cutting, baling, and hauling of the hay.
  1. The commissioner shall require that any individual granted a cutting permit possess, during the cutting and baling operation, minimum liability insurance in the amount of fifty thousand dollars ($50,000) for bodily injury or death to any one (1) person in a single accident, plus one hundred thousand dollars ($100,000) for bodily injury or death to two (2) or more persons in a single accident, plus ten thousand dollars ($10,000) for injury to or destruction of property in a single accident.
  2. No fee relative to petitioning for permission or engaging in the cutting and baling activity shall be charged.

Acts 1978, ch. 653, § 1; T.C.A., § 54-585; Acts 1988, ch. 615, § 1.

54-5-135. “Buy America” Act.

  1. No agency or entity of state, county, or municipal government in the state shall purchase any materials used for highway or roadway construction, resurfacing, or maintenance from any foreign government, or any company wholly owned and controlled by a foreign government, regardless of the location of the company, or from any agency of the foreign government or company.
  2. As used in this section, “materials” includes, but is not limited to, asphalt cement, asphalt emulsion, rock, aggregate, liquid and solid additives, sealers and oils.
  3. This section shall not apply:
    1. If the materials are not produced by American companies in sufficient and reasonably available quantities, and are of satisfactory quality; or
    2. If the American materials increase the overall project cost for which these materials are purchased by five percent (5%) more than the overall project cost using materials produced by a foreign government owned company.

Acts 1983, ch. 213, § 2.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

54-5-136. Personal property encroachments on rights-of-way.

    1. The department is authorized to remove, store, sell and dispose of personal property encroachments on the rights-of-way of highways under its jurisdiction at the expense of the owner.
      1. If the encroachment presents an immediate danger to the traveling public, the department may remove the encroachment without prior notice to the owner. If the owner's name and address can be ascertained by reasonable inquiry after removal, the department shall give the owner notice, by certified mail, within ten (10) calendar days of removal.
      2. If the encroachment does not present an immediate danger to the traveling public and the owner's name and address can be ascertained by reasonable inquiry, the department shall give the owner ten (10) calendar days' notice, by certified mail, of its intent to remove the encroachment at the owner's expense. The ten-day period shall run from the fourth day after the mailing of the notice. Upon expiration of that period, the department may remove the encroachment.
    2. The owner of personal property encroaching on the right-of-way of a highway under the jurisdiction of the department shall be liable for any damages caused to the department or to third parties by the encroaching property.
    3. The department does not have a duty to find or remove personal property encroachments on the rights-of-way under its jurisdiction. If the department receives actual notice that an encroachment presents a hazard to those traveling on the adjacent roadway, the department shall, if the owner's name and address can be ascertained by reasonable inquiry, notify the owner of the property and instruct the property owner to remove the encroachment immediately. The notice shall be sent by certified mail, return receipt requested. After notice, or if unable to locate the owner's name and address after reasonable inquiry, the department may remove the encroachment pursuant to subdivision (a)(1).
    1. If removed property is declared by the department to have value to the public and is capable of transport by ordinary means, it shall be stored on department property for thirty (30) days, during which time the owner may claim the property after paying related expenses incurred by the department.
    2. If the property is not so claimed, then it shall be offered for sale to the public after notice posted in the county courthouse of the county in which the property was located prior to removal.
    3. The owner shall be entitled to the proceeds of any sale, less costs, if claimed within one (1) year following the sale; otherwise, the proceeds shall vest in the department and become part of the highway fund to defray expenses in carrying out this section.
  1. If removed property is declared to have no value to the public or not purchased at public sale, or the property is incapable of removal by ordinary means, it shall vest in the department to be disposed of as it determines.

Acts 1984, ch. 791, § 1; 2002, ch. 811, § 1.

Cross-References. Unclaimed or abandoned vehicles, title 55, ch. 16.

Attorney General Opinions. Neither the Department of Transportation nor any other agency of state or local government has express authority to grant a citizen permission to erect a cross or similar memorial upon a right-of-way of a state or interstate highway, but the Department does have authority to remove and dispose of crosses and similar memorials, that have been erected or placed upon the right-of-way of a state or interstate highway, OAG 05-016 (2/03/05).

The Tennessee department of transportation has express authority to remove and dispose of personal property encroachments — including crosses and similar materials — upon the rights-of-way of highways under its jurisdiction, OAG 06-157 (10/9/06).

Cited: Tennessee Realty Dev., Inc. v. State Dep't of Transportation, — S.W.3d —, 2008 Tenn. App. LEXIS 774 (Tenn. Ct. App. Dec. 29, 2008).

NOTES TO DECISIONS

1. Sovereign Immunity.

Declaratory judgment action seeking a declaration that an easement for highway purposes was not a highway right-of-way and that the state had no authority to require removal of the landowners' signs because of a claimed encroachment, was a suit against the state under T.C.A. § 20-13-102 and was barred under the doctrine of sovereign immunity as it sought to affect a property interest of the state. Williams v. Nicely, 230 S.W.3d 385, 2007 Tenn. App. LEXIS 111 (Tenn. Ct. App. Feb. 28, 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 621 (Tenn. June 25, 2007).

54-5-137. Elimination of hazardous right-of-way conditions.

It is the intent of the department to make reasonable efforts to eliminate conditions on highway rights-of-way that are hazardous to an adjoining landowner's health, welfare and safety.

Acts 1986, ch. 806, § 1.

54-5-138. Contracts for mowing rights-of-way, and litter collection.

  1. Notwithstanding other law to the contrary, for contracts for the mowing of rights-of-way and litter collection, or either of them, bids may be accompanied by letters of credit in the amount of five percent (5%) of the bid, in lieu of proper bonds, to guarantee execution of the contract.
  2. All contractors with whom contracts are made for the mowing of rights-of-way and litter collection, or either of them, may provide, in lieu of bonds, letters of credit guaranteeing the department alone the faithful discharge of the contract, and for no other reason.

Acts 1987, ch. 296, § 1; 2004, ch. 605, § 6.

54-5-139. Maintenance contracts with counties.

  1. The commissioner may enter into a contract with a qualified county to perform maintenance activities upon the rights-of-way of state highways located outside municipalities and metropolitan governments.
  2. The department of transportation shall reimburse the county on an actual cost basis.

Acts 1988, ch. 470, § 1.

54-5-140. Improvements by local governments — Approval — Maintenance.

  1. Cities, counties and metropolitan governments are authorized, within their respective jurisdictions, to make improvements to existing highways on the system of state highways, or to construct additions to the system, with the approval of the commissioner. The work may be accomplished by qualified persons provided by the city, county, or metropolitan government, or by contracts with qualified contractors.
  2. When the work provided for in subsection (a) is undertaken, the commissioner shall have the authority to approve the plans and specifications for conformity to state standards. Following completion of the construction in conformity with the plans and specifications, the department shall assume responsibility for the maintenance of the highways.

Acts 1988, ch. 512, § 1.

54-5-141. Highway rights-of-way — Retention for scenic or environmental purposes.

The department shall consider whether highway rights-of-way are suitable for retention in order to restore, preserve, or improve the scenic beauty and environmental quality adjacent to the highway, prior to declaring the rights-of-way surplus and conveying them for uses other than highways. The department is encouraged to retain, rather than dispose of, its interests in these rights-of-way.

Acts 1991, ch. 295, § 1.

54-5-142. Designation of bicycle routes.

The commissioner may designate and appropriately mark on appropriate state highways, or portions of state highways, routes for the use of bicycles.

Acts 1994, ch. 909, § 1.

Cross-References. Designation of bicycle routes, §§ 54-5-211, 54-10-111.

Attorney General Opinions. Pedestrian and vehicular use of marked bicycle lanes.  OAG 14-13, 2014 Tenn. AG LEXIS 14 (1/23/14).

54-5-143. Welcome signs.

  1. The department of transportation is directed to include the language “The Volunteer State” on all highway signs welcoming visitors to the state. The language shall be added to the signs whenever the signs are replaced or modified for another purpose.
  2. Notwithstanding any rule, regulation or law to the contrary, a city, county or metropolitan “welcome” sign erected on a state right-of-way prior to February 14, 1994, shall not be required to be removed, relocated or dismantled by the department of transportation. Nothing in this section shall be construed to preclude a city, county or metropolitan government from entering into an agreement with the department to remove, relocate or dismantle a “welcome” sign.

Acts 1995, ch. 476, § 1; 1999, ch. 450, § 4; T.C.A. § 54-5-144.

54-5-144. Memorial to fallen Tennessee national guardsman.

Any segment or structure named on State Route 840, the “Tennessee National Guard Parkway” as designated by chapter 35 of the Public Acts of 2005, shall be dedicated as a memorial to a fallen Tennessee national guardsman.

Acts 2010, ch. 1048, § 7.

Compiler's Notes. Acts 2010, ch. 1048, § 1 provided that, notwithstanding any provision of law to the contrary, it is the intent of the general assembly to name an appropriate interchange, bridge or bridges on State Route 840 (Tennessee National Guard Parkway) to honor the memory of Chief Warrant Officer 2 Billie Jean Grinder, Troop C 1/230th Air Calvary, Tennessee army national guard, a valiant soldier who gave her life in the line of duty while serving in Iraq.

Acts 2010, ch. 1048, § 8 provided that, notwithstanding any provision of law to the contrary, it is the intent of the general assembly to name an appropriate interchange, bridge or bridges on State Route 840 (Tennessee National Guard Parkway) to honor the memory of Captain Marcus Ray Alford, Tennessee Army National Guard, a valiant soldier who gave his life in the line of duty while serving in Iraq.

Acts 2010, ch. 1048, § 11 provided that, notwithstanding any provision of law to the contrary, it is the intent of the general assembly to name an appropriate interchange, bridge or bridges on State Route 840 (Tennessee National Guard Parkway) to honor the memory of Staff Sergeant Michael Wayne Tinsley, Sr., Tennessee army national guard, a valiant soldier who gave his life in the line of duty while awaiting deployment to Iraq.

Effective Dates. Acts 2010, ch. 1048, § 16. June 21, 2010.

54-5-145. Definition of driver under the influence — Limitation of liability for accidents in road construction zones.

    1. In this subsection (a), “driver under the influence” means a driver who was under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system, or the alcohol concentration in such person's blood or breath was eight-hundredths of one percent (.08%) or more in violation of title 55, chapter 10, part 4.
    2. In a civil action for the death of or injury to a person, or for damage to property, against the department of transportation or its agents, consultants, or contractors for work performed on a highway, road, street, bridge, or other transportation facility when the death, injury, or damage resulted from a motor vehicle crash within a construction zone in which the driver of one (1) of the vehicles was under the influence as defined in subdivision (a)(1), or one (1) of the drivers was convicted of reckless driving in violation of § 55-10-205, and the driver's reckless driving or driving under the influence was a cause in fact and proximate cause of the accident, then it is presumed that the department of transportation, its agents, consultants, or contractors, are not the cause in fact and proximate cause of the accident and any death, injury, or damage resulting from the accident. This presumption can only be overcome if the malicious, intentional, fraudulent or reckless misconduct of the department of transportation, or of its agents, consultants, or contractors, was a proximate cause of such person's death, injury, or damage.
    1. A contractor who constructs, maintains, or repairs a highway, road, street, bridge, or other transportation facility for the department of transportation is not liable to a claimant for personal injury, property damage, or death arising from the performance of such construction, maintenance, or repair if, at the time of the personal injury, property damage, or death, the contractor was in compliance with contract documents material to the condition that was the proximate cause of the personal injury, property damage, or death.
    2. The limitation on liability contained in this subsection (b) does not apply when a proximate cause of the personal injury, property damage, or death is a latent condition, defect, error, or omission that was created by the contractor and not a defect, error, or omission in the contract documents; or when the proximate cause of the personal injury, property damage, or death was the contractor's failure to perform, update, or comply with the maintenance of traffic safety plan as required by the contract documents.
    3. The contractor has a duty to provide the department of transportation with written notice of any apparent error or omission in the contract documents, and nothing in this subsection (b) shall be interpreted or construed as relieving the contractor of any obligation to provide the department of transportation with written notice of any apparent error or omission in the contract documents.
    4. Nothing in this subsection (b) shall be interpreted or construed to alter or affect any claim of the department of transportation against such contractor.
    5. This subsection (b) does not affect any claim of any entity against such contractor, which claim is associated with such entity's facilities on or in department of transportation roads or other transportation facilities.
    1. In all cases involving personal injury, property damage, or death, a person or entity who contracts to prepare or provide engineering plans for the construction or repair of a highway, road, street, bridge, or other transportation facility for the department of transportation shall be presumed to have prepared such engineering plans using the degree of care and skill ordinarily exercised by other engineers in the field under similar conditions and in similar localities and with due regard for acceptable engineering standards and principles if the engineering plans conformed to the department of transportation's design standards material to the condition or defect that was the proximate cause of the personal injury, property damage, or death.
    2. This presumption can be overcome only upon a showing of the person's or entity's gross negligence in the preparation of the engineering plans and shall not be interpreted or construed to alter or affect any claim of the department of transportation against such person or entity.
    3. The limitation on liability contained in this subsection (c) shall not apply to any hidden or undiscoverable condition created by the engineer.
    4. This subsection (c) does not affect any claim of any entity against such engineer or engineering firm, which claim is associated with such entity's facilities on or in department of transportation roads or other transportation facilities.
    5. The engineer has a duty to provide the department of transportation with written notice of any apparent error or omission in the department of transportation's design standards, and nothing in this subsection (c) shall be interpreted or construed as relieving the engineer of any obligation to provide the department of transportation with written notice of any apparent error or omission in the department of transportation's design standards.
    6. Nothing in this subsection (c) shall be interpreted or construed to alter or affect any claim the department of transportation has against such engineer.
  1. In any civil action for death, injury, or damages against the department of transportation or its agents, consultants, engineers, or contractors for work performed on a highway, road, street, bridge, or other transportation facility, if the department, its agents, consultants, engineers, or contractors are immune from liability pursuant to this section or are not parties to the litigation, they may not be named on the jury verdict form or be found to be at fault or responsible for the injury, death, or damage that gave rise to the damages.

Acts 2011, ch. 480, § 1; 2013, ch. 154, § 45.

Compiler's Notes. Acts 2011, ch. 480, § 2 provided that the act, which enacted this section, shall apply to all contracts to which the act applies entered into, or injuries to which the act applies occurring, on or after July 1, 2011.

Amendments. The 2013 amendment substituted “title 55, chapter 10, part 4” for “§§ 55-10-40155-10-404” at the end of (a)(1).

Effective Dates. Acts 2011, ch. 480, § 2. July 1, 2011.

Acts 2013, ch. 154, § 57. July 1, 2013.

Part 2
Municipal Streets

54-5-201. State highways routed through municipalities — Contracting regarding rights-of-way.

  1. The department shall construct, reconstruct and improve streets and maintain the streets in municipalities over which traffic on state highways is routed; or enter into contracts with the municipalities in the state regarding the construction, reconstruction and improvement of streets and maintenance of the streets in municipalities over which traffic on state highways is routed, and is authorized to enter into contracts with municipalities regarding the acquisition of rights-of-way for those streets, and is authorized to expend state or federal funds, or both, in carrying out this section; provided, that where any federal funds are used in the construction or reconstruction of any street, the municipality shall first agree to comply with, and conform to, all federal and state requirements with reference to traffic regulations and street markings.
    1. The state shall pay all the costs for any highway or parts of the highway designated and adopted by the department as and for a state or state and federal aid highway in the state's system of highways; provided, that a municipality may contribute sums that may be approved by its governing body to the cost.
    2. No municipality shall be required to pay or enter into an agreement to pay any part of the costs.
    3. However, the state's obligation for maintenance of its system of highways shall be governed by those limitations now set out by law, it being the intent of this section neither to enlarge nor to diminish present obligations for this maintenance.

Acts 1929, ch. 42, § 1; Code 1932, § 3242; Acts 1947, ch. 123, § 1; C. Supp. 1950, § 3242; impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 126, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-531; Acts 1987, ch. 180, § 1.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Textbooks. Tennessee Jurisprudence, 4 Tenn. Juris., Automobiles, § 26.

Law Reviews.

Local Government Law — 1961 Tennessee Survey (Eugene Puett), 14 Vand. L. Rev. 1335.

Attorney General Opinions. Highway storm drainage maintenance, OAG 04-029 (2/25/04).

NOTES TO DECISIONS

1. Selection of Route by State.

The department has exclusive power to select the streets of route, the streets remaining city streets under the police power and control of the municipality. Selection must be only of such as are provided by the municipality for traffic brought to its limits. Collier v. Baker, 160 Tenn. 571, 27 S.W.2d 1085, 1929 Tenn. LEXIS 134 (1930).

2. Liability of County to Property Owner.

County is not liable to property owner for damage to property as result of grading of state highway routed through limit of incorporated community even though property owner is not advised that highway is to be graded at the time county obtains right-of-way. McDonald v. Scott County, 169 Tenn. 374, 87 S.W.2d 1019, 1935 Tenn. LEXIS 58 (1935).

Where city was incorporated after county had assumed liability for taking of land for highway purposes and damages incident thereto, city was liable to landowners for value of land taken within corporate limits and damages incident thereto where it recognized its obligation and agreed to make payment out of funds loaned by county although such liability of the city did not relieve county of its obligation to landowners. Charleston v. Ailey, 210 Tenn. 211, 357 S.W.2d 339, 1962 Tenn. LEXIS 426 (1962).

3. Rights and Liabilities of Municipality.

Town is liable to property owner for damages due to grading of state highway routed through town if property owner at time of issuance of deed covering right-of-way is not advised that highway is to be graded. McDonald v. Scott County, 169 Tenn. 374, 87 S.W.2d 1019, 1935 Tenn. LEXIS 58 (1935).

City granted authority under its charter to “grade, pave, or otherwise improve” streets “or have same done” was authorized to enter into contract with state for acquisition of rights-of-way relative to relocation of highway in city. Brimer v. Municipality of Jefferson City, 187 Tenn. 467, 216 S.W.2d 1, 1948 Tenn. LEXIS 603 (1948).

When acting alone or in conjunction with others the department of highways has eliminated an existing grade crossing as provided in §§ 65-11-107, 65-11-108 and has rerouted the state highway over a substituted crossing, the powers of the department are exhausted and jurisdiction over the old route reverts to the local authorities. Wilkey v. Cincinnati, N. O. & T. P. R. Co., 47 Tenn. App. 556, 340 S.W.2d 256, 1960 Tenn. App. LEXIS 90 (Tenn. Ct. App. 1960).

Collateral References.

State highways, construction of streets and roads constituting part of. 144 A.L.R. 312.

Highways 90 et seq.

54-5-202. Width and character of highways in municipalities.

The streets constructed, reconstructed, improved and maintained by the state shall be of a width and type that the department deems proper, but the width so constructed, reconstructed, improved and maintained shall not be less than eighteen feet (18'); and, in the case of resurfacing and maintenance, from curb to curb where curbs exist, or the full width of the roadway where no curbs exist.

Acts 1929, ch. 42, § 2; Code 1932, § 3243; Acts 1947, ch. 123, § 2; C. Supp. 1950, § 3243; impl. am. Acts 1959, ch. 9, § 3; T.C.A. (orig. ed.), § 54-532; Acts 1981, ch. 264, § 12.

Cited: McDonald v. Scott County, 169 Tenn. 374, 87 S.W.2d 1019, 1935 Tenn. LEXIS 58 (1935).

54-5-203. Maintenance by municipality — Reimbursement.

Where a municipality is organized for the care of its own streets, the construction, reconstruction, improvement and maintenance may be done by the municipality, which shall be reimbursed by the state; provided, that all expenditures shall be subject to the approval of the department.

Acts 1929, ch. 42, § 3; Code 1932, § 3244; Acts 1947, ch. 123, § 3; C. Supp. 1950, § 3244; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-533; Acts 1981, ch. 264, § 12.

Cited: McDonald v. Scott County, 169 Tenn. 374, 87 S.W.2d 1019, 1935 Tenn. LEXIS 58 (1935).

54-5-204. Maintenance of highway by state.

Where a municipality is not organized to care for its own streets and roads, the construction or maintenance shall be done by the state, either by contract or state forces.

Acts 1929, ch. 42, § 4; Code 1932, § 3245; Acts 1947, ch. 123, § 4; C. Supp. 1950, § 3245; T.C.A. (orig. ed.), § 54-534.

54-5-205. Streets for highways designated by department.

The department shall have sole jurisdiction over the selection of the streets through which traffic shall be routed.

Acts 1929, ch. 42, § 5; Code 1932, § 3246; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-535; Acts 1981, ch. 264, § 12.

Textbooks. Tennessee Jurisprudence, 23 Tenn. Juris., Streets and Highways, § 23.

Cited: State ex rel. Morgan County v. Gouge, 194 Tenn. 484, 253 S.W.2d 721, 1952 Tenn. LEXIS 409 (1952).

NOTES TO DECISIONS

1. Selection of Streets.

The streets so selected do not lose character of city streets and remain under the control of the municipality. Collier v. Baker, 160 Tenn. 571, 27 S.W.2d 1085, 1929 Tenn. LEXIS 134 (1930).

54-5-206. Interstate highways routed through municipalities — Maintenance by department.

The department is authorized to maintain the rights-of-way, pavement, and structures of streets over which interstate highway traffic is routed within municipalities and designated by the commissioner as part of the interstate and defense system of highways as defined by the Federal Highway Act of 1956; provided, that the department shall have no authority to maintain or operate lighting systems for or on the streets, but cities and municipalities may maintain and operate the systems in accordance with standards prescribed by the commissioner; and provided, further, that they shall be maintained and operated at the expense of the cities and municipalities.

Impl. am. Acts 1959, ch. 9 § 3; Acts 1961, ch. 15, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-552; Acts 1981, ch. 264, § 12.

Compiler's Notes. The Federal Highway Act of 1956, with certain exceptions, has been repealed and superseded by Title 23 of the United States Code as enacted by Act of August 27, 1958, P. L. 85-767, 72 Stat. at Large 921. For definition of interstate highway see 23 U.S.C. §§ 101, 103(d).

54-5-207. Authority of commissioner upon failure of municipality to enter into or abide by agreement concerning acquisition and use of lands for streets.

In the event any municipality fails or refuses to enter into an agreement within thirty (30) days after the agreement has been submitted by the commissioner to the governing body of the municipal corporation, or fails or refuses to abide by or perform an agreement concerning the acquisition and use of lands for streets needed for the interstate and national defense highway system, and the commissioner decides that the highway and street program is being delayed, impaired, obstructed, or impeded in any manner, the commissioner is authorized and empowered to:

  1. Lay out, locate and construct streets, controlled streets and access or connecting streets within the municipality to become a part of the interstate and national defense system of highways by designation of the commissioner;
  2. Designate lands already dedicated to the use of the traveling public as a part of the interstate and national defense highway system; and
    1. Acquire interests in lands occupied by publicly and privately owned utilities;
    2. Require the adjustment or relocation of the utility facilities;
    3. Enter into contracts relating to the utilities; and
    4. Maintain actions or suits in the courts when necessary so as to lay out, locate or construct streets designated as portions of the interstate and national defense system of highways.

      Impl. am. Acts 1959, ch. 9, § 3; Acts 1961, ch. 230, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-553; Acts 1981, ch. 264, § 12; 2013, ch. 308, § 8.

      Amendments. The 2013 amendment substituted “being delayed, impaired” for “being, retarded, delayed” near the end of the introductory paragraph.

      Effective Dates. Acts 2013, ch. 308, § 46. July 1, 2013.

54-5-208. Eminent domain within municipalities.

In the event it becomes necessary for the commissioner to proceed under this section and §§ 54-5-207, 54-5-209 and 54-5-210, the state, acting through the commissioner, is authorized and empowered to exercise the power of eminent domain within municipalities for streets designated as part of the interstate and national defense system of highways.

Impl. am. Acts 1959, ch. 9, § 3; Acts 1961, ch. 230, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-554; Acts 1981, ch. 264, § 12.

Cross-References. State powers of eminent domain relating to rights-of-way and road improvement, §§ 54-22-101, 54-22-104.

54-5-209. Acts of municipality that would cause loss of federal funds prohibited.

No municipality has the authority to enact any ordinance or do any other act that will cause the state to lose federal aid funds for such streets.

Acts 1961, ch. 230, § 3; T.C.A., § 54-555.

54-5-210. Legal status of streets unchanged.

Nothing in this section and §§ 54-5-20754-5-209 shall be construed as otherwise changing the character or legal status of city streets in any way and the distinctions made in this code between streets and highways are continued in full force and effect.

Acts 1961, ch. 230, § 4; T.C.A., § 54-556.

54-5-211. Designation of bicycle routes.

The responsible authority in each municipality may designate and appropriately mark on appropriate municipal streets, or portions of municipal streets, routes for the use of bicycles.

Acts 1994, ch. 909, § 2.

Cross-References. Designation of bicycle routes, §§ 54-5-142, 54-10-111.

Part 3
Entrances onto Highways

54-5-301. Regulations governing construction of entrances — Penalty for illegal entrances.

  1. In order to prevent the obstruction or restriction of the flow of water along, across or under any highway on the state highway system, the impounding of water upon or within the highway, the damaging in any way or manner of the highway, or the interference with or creation of any damage or hazard to public travel, the commissioner is authorized and directed to make reasonable and proper rules and regulations governing the construction of entrances into highways in the state on the state highway system.
  2. Notwithstanding any law to the contrary, the construction of an unauthorized entrance onto a highway in the state highway system is an offense punishable as a Class B misdemeanor, punishable by a fine only of five hundred dollars ($500). If the entrance violates any rule or regulation of the department, the owner of the entrance shall have thirty (30) days to comply with all applicable rules and regulations. The department may impose a penalty of one hundred dollars ($100) for failure to comply with all applicable rules and regulations within thirty (30) days. Each day an entrance is in violation of this subsection (b) after the thirty-day period shall be considered a separate offense. The owner of an unauthorized entrance shall be civilly liable for any injuries proximately caused by the entrance.

Acts 1955, ch. 38, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-540; Acts 1981, ch. 264, § 12; 2005, ch. 220, § 1.

Cross-References. Penalty for Class B misdemeanor, § 40-35-111.

NOTES TO DECISIONS

1. Powers of Commissioner.

Right of commissioner to lay out projects is purely discretionary and court is without jurisdiction, power or authority to review his decision or to require him to construct such a project in a manner that he does not deem best. State ex rel. Moulton v. Williams, 207 Tenn. 695, 343 S.W.2d 857, 1961 Tenn. LEXIS 387 (1961).

This part empowers the commissioner to regulate construction within the right-of-way of state highways, but not to regulate or restrict the rights of access of abutting property owners. Speight v. Lockhart, 524 S.W.2d 249, 1975 Tenn. App. LEXIS 204 (Tenn. Ct. App. 1975).

This section has been construed to regulate construction by landowners within the right-of-way for the purpose of acquiring physical access to a roadway and not to authorize the commissioner to limit access. Knox County ex rel. McBee v. Barger, 576 S.W.2d 1, 1976 Tenn. App. LEXIS 272 (Tenn. Ct. App. 1976).

2. Right of Ingress and Egress.

Landowners abutting a public highway have a right of ingress and egress to the highway where the condemning authority does not designate the highway as a limited access or controlled access highway. Pack v. Belcher, 62 Tenn. App. 23, 458 S.W.2d 18, 1969 Tenn. App. LEXIS 273 (Tenn. Ct. App. 1969).

The right of access is a property right which may not be appropriated in whole or in part without paying just compensation for its value, although diminution of access does not necessarily require compensation. Knox County ex rel. McBee v. Barger, 576 S.W.2d 1, 1976 Tenn. App. LEXIS 272 (Tenn. Ct. App. 1976).

3. Measure of Damages.

This statute does not have the effect of restricting landowner's right of access to the extent that he would be entitled to damages in the same measure and to the same extent as in the case of taking of land for controlled access facilities under § 54-20-104. Pack v. Belcher, 62 Tenn. App. 23, 458 S.W.2d 18, 1969 Tenn. App. LEXIS 273 (Tenn. Ct. App. 1969).

4. Evidence.

In condemnation proceeding by a county to acquire certain property rights in connection with the construction of a highway, evidence from the county's appraisers regarding the policy of the commissioner under this section when application is made by a landowner for access was improperly admitted as being speculative because the rules applicable today could be changed tomorrow. Knox County ex rel. McBee v. Barger, 576 S.W.2d 1, 1976 Tenn. App. LEXIS 272 (Tenn. Ct. App. 1976).

Collateral References. Highways 90 et seq.

54-5-302. Agreement prior to construction mandatory.

No person, firm, corporation or municipality shall construct any entrance into a highway in the state highway system without first having agreed to construct the highway in accordance with rules and regulations of the commissioner.

Acts 1955, ch. 38, § 2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-541; Acts 1981, ch. 264, § 12.

Cited: Pack v. Belcher, 62 Tenn. App. 23, 458 S.W.2d 18, 1969 Tenn. App. LEXIS 273 (Tenn. Ct. App. 1969).

NOTES TO DECISIONS

1. Powers of Commissioner.

This part empowers the commissioner to regulate construction within the right-of-way of state highways, but not to regulate or restrict the rights of access of abutting property owners. Speight v. Lockhart, 524 S.W.2d 249, 1975 Tenn. App. LEXIS 204 (Tenn. Ct. App. 1975).

54-5-303. [Repealed.]

Compiler's Notes. Former § 54-5-303 (Acts 1955, ch. 38, § 3; T.C.A., § 54-542; Acts 1989, ch. 591, § 113), concerning the penalty for failure to comply with title 54, ch. 5, part 3, was repealed by Acts 2005, ch. 220, § 2, effective July 1, 2005.

Part 4
State Industrial Access Act

54-5-401. Short title.

This part shall be known and may be cited as the “State Industrial Access Act.”

Acts 1959, ch. 264, § 1; T.C.A., § 54-546; Acts 2014, ch. 546, § 1.

Compiler's Notes. Acts 2014, ch. 546, § 7 provided that the provisions of the act  shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the General Appropriations Act.

Amendments. The 2014 amendment substituted “State Industrial Access Act” for “Industrial Highway Act”.

Effective Dates. Acts 2014, ch. 546, § 8. March 17, 2014.

Collateral References. Highways .5 et seq.

54-5-402. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Department” means the department of transportation;
  2. “Industrial highway” means any extension of, or connection with the highway system, including state and federal highways, rural roads, and municipal streets, constructed under this part;
  3. “Industry” or “industrial” means facilities for the manufacture of goods or for the production or processing of commodities; ports or other distribution centers for the storage and shipment of goods; corporate or administrative headquarters of business firms; and any facility of a business which the department of economic and community development has determined to be eligible for a FastTrack industrial infrastructure and industrial site preparation grant or loan pursuant to §§ 4-3-715 — 4-3-717; and
  4. “Municipality” means any county, incorporated city or town, or any public port authority or transportation authority in this state.

Acts 1959, ch. 264, § 2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-547; Acts 1981, ch. 264, § 12; 2014, ch. 546, § 2.

Compiler's Notes. Acts 2014, ch. 546, § 7 provided that the provisions of the act  shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the General Appropriations Act.

Amendments. The 2014 amendment added the definition of “ ‘industry’ or ‘industrial’ ”; inserted the comma preceding “or connection” in the definition of “industrial highway”; and inserted “, or any public port authority or transportation authority” in the definition of “municipality”.

Effective Dates. Acts 2014, ch. 546, § 8. March 17, 2014.

Cited: Chapman v. Sullivan County, 608 S.W.2d 580, 1980 Tenn. LEXIS 511 (Tenn. 1980).

54-5-403. Industrial highways authorized.

  1. To facilitate the development and expansion of industry and to provide access to industrial areas, the department is authorized to use any powers granted to it under current law and this part to develop and construct industrial highways when there is a finding made jointly by the department and the department of economic and community development that the industrial highways are an appropriate and cost-effective means to secure the development of an industrial site or park.
  2. Municipalities are authorized to use any powers granted to them under current law and this part to participate in the construction and maintenance of the industrial highways.
  3. Each municipality shall be responsible for the maintenance of any industrial highway within the area of its ownership or control.
  4. Any industrial highway constructed under this part may be designated as a controlled-access highway under chapter 16 of this title.

Acts 1959, ch. 264, § 3; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-548; Acts 1981, ch. 264, § 12; 2014, ch. 546, § 3.

Compiler's Notes. Acts 2014, ch. 546, § 7 provided that the provisions of the act  shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the General Appropriations Act.

Amendments. The 2014 amendment rewrote (a) which read: “In order to facilitate the development and expansion of industry and to provide access to industrial areas, the department, with the approval of the governor, is authorized to use any powers granted under any general law to construct and maintain industrial highways when there is a finding by the department that the highways are clearly necessary to secure the development of an industrial site or park or lessen serious congestion and hazards or facilitate the movement of persons, commodities or raw materials, and no other feasible means exist for accomplishing these objectives.”; in (b), inserted “under current law and this part” and substituted “industrial highways” for “highways” at the end; and rewrote (c) and (d) which read: “(c) It is the intent of this part that a county or an incorporated city or town, as the case may be, shall be responsible for the local share of the highways within the area of its jurisdiction.“(d) The highways may be designated as limited access highways under chapter 16 of this title.”

Effective Dates. Acts 2014, ch. 546, § 8. March 17, 2014.

54-5-404. State-local agreements.

The department is authorized to enter into agreements with municipalities regarding the acquisition of rights-of-way adequate for present and foreseeable needs and the proportion of preliminary engineering, design, and construction costs to be paid by the state and by the municipality.

Acts 1959, ch. 264, § 4; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A, § 54-549; Acts 2014, ch. 546, § 4.

Compiler's Notes. Acts 2014, ch. 546, § 7 provided that the provisions of the act  shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the General Appropriations Act.

Amendments. The 2014 amendment substituted “enter into agreements” for “make agreements” near the beginning; and substituted “preliminary engineering, design, and construction costs” for “construction and maintenance costs” near the end of the section.

Effective Dates. Acts 2014, ch. 546, § 8. March 17, 2014.

54-5-405. Limitation on state.

  1. The state shall not share in the cost of constructing any part of an industrial highway within an industrial site or park or privately owned tract of land, unless the part of the industrial highway is a link in a highway serving areas beyond the industrial site or park or privately owned tract of land, in which case the rights-of-way or easements shall be conveyed to the state or municipality, as in the case of other highways.
  2. It is the intent of this part to provide access to industrial areas where other means are inadequate and not to contribute to the internal development of any site, part or tract of land.

Acts 1959, ch. 264, § 5; T.C.A., § 54-550; Acts 2014, ch. 546, § 5.

Compiler's Notes. Acts 2014, ch. 546, § 7 provided that the provisions of the act  shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the General Appropriations Act.

Amendments. The 2014 amendment, in (a), inserted “of the industrial highway” near the beginning; substituted the second occurrence of  “industrial site or park” for “industrial park”; and inserted “or municipality” near the end of the section.

Effective Dates. Acts 2014, ch. 546, § 8. March 17, 2014.

54-5-406. Funds to be used.

  1. In effectuating the purposes of this part, the department is authorized to use highway funds not specifically allotted by legislative action to other categories of highway construction and maintenance.
  2. Notwithstanding § 54-5-405, cities and counties within this state may and are expressly authorized to use any funds available to them for the construction and maintenance of industrial highways, roads, and streets within their boundaries or within, or adjacent to, or in close proximity to any industrial sites or parks owned or partially owned by them, or lands owned or held by them for industrial use, when, in the opinion of a majority of the members of the governing body of any city or county within this state, they will facilitate industrial development and expansion.

Acts 1959, ch. 264, § 6; 1969, ch. 308, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-551; Acts 1981, ch. 264, § 12; 2014, ch. 546, § 6.

Compiler's Notes. Acts 2014, ch. 546, § 7 provided that the provisions of the act  shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the General Appropriations Act.

Amendments. The 2014 amendment amended (a) without change.

Effective Dates. Acts 2014, ch. 546, § 8. March 17, 2014.

Part 5
Local Interstate and Fully Controlled Access Highway Connector Act

54-5-501. Short title.

This part shall be known and may be cited as the “Local Interstate and Fully Controlled Access Highway Connector Act.”

Acts 1965, ch. 159, § 1; T.C.A., § 54-569; Acts 1999, ch. 249, § 1.

Collateral References. Highways .5 et seq.

54-5-502. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Department” means the department of transportation;
  2. “Local agency” means any county or incorporated city or town in this state;
  3. “Local interstate or fully controlled access highway connecting route” or “connector” means a roadway, or segment of a roadway, that will provide, or facilitate, appropriate ingress and egress, between an interstate highway or fully controlled access highway facility and a roadway that is of important benefit to a populous locality;
  4. “Major thoroughfare system” means the system of arterial and collector streets serving an urban-like developed area; and
  5. “Project” includes all of the phases of work required to produce a completed connector, including location, design, acquisition of rights-of-way, relocation of utility facilities, the cost of which is not the legal obligation of the owners thereof, and the construction or reconstruction of the connector.

    Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 159, § 2; 1968, ch. 577, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., 54-570; Acts 1981, ch. 264, § 12; 1999, ch. 249, § 2.

54-5-503. Interstate connecting routes authorized.

In order for the citizens of the state to get the greatest possible use from the interstate highway system or fully controlled access highways, the department is authorized to use any powers granted under any general law to establish a system of connectors so located and spaced as to furnish adequate access to the interstate highway system or fully controlled access highways from the existing road and street networks along the interstate system or fully controlled access highways.

Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 159, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-571; Acts 1999, ch. 249, § 3.

54-5-504. Length of connectors.

The connectors shall be limited in length from their respective intersections with a segment of the interstate highway or fully controlled access highway to a connection with the first existing adequate facility or to a connection with the street system of the first population center on the route. In the case of an urban connection, the length shall be limited to an adequate connection with the major thoroughfare system.

Acts 1965, ch. 159, § 4; T.C.A., § 54-572; Acts 1999, ch. 249, § 4.

54-5-505. Existing routes — Determination of adequacy.

Tolerable standards for establishing adequacy of existing routes shall be those of the department used in highway planning, based on estimated traffic in 1975, and adequacy shall be determined by the department.

Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 159, § 5; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-573; Acts 1981, ch. 264, § 12.

54-5-506. Administration and specifications.

The department has the responsibility for administering each project and establishing the specifications that are appropriate for each contemplated connector.

Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 159, § 6; 1968, ch. 577, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-574; Acts 1981, ch. 264, § 12.

54-5-507. State-local agreements.

  1. The department will receive proposals from local agencies, either city or county, for the construction of a connector. Proposals shall contain an agreement on the part of the local agency to participate in the amount of fifty percent (50%) of the cost of the project, and to maintain the connectors at its own expense after completion of the project. The department shall receive the proposals on the basis of coordinated development of access to the various sections of interstate highway routes or fully controlled access highways as they become open to traffic, and in accordance with established departmental criteria for priority of construction and in accordance with the availability of funds.
  2. In no event shall the engineering phase of a connector project be begun by the department until the entire cost of the engineering, as estimated by the department, is deposited with the department by the local agency.
  3. After the engineering phase of the project has been completed, the right-of-way phase of the project shall not be begun by the department until fifty percent (50%) of the cost of the right-of-way phase of the project, as estimated by the department, is deposited with the department by the local agency.
    1. After the right-of-way phase of the project has been completed, the construction phase of the project shall not be begun by the department until fifty percent (50%) of the remaining cost of the project, as estimated by the department, is deposited with the department by the local agency.
    2. In arriving at the amount mentioned in subdivision (d)(1), the local agency shall receive a credit of fifty percent (50%) of the amount deposited by the local agency for the engineering phase.
  4. In the event the local agency does not deposit with the department fifty percent (50%) of the cost of the right-of-way phase of the project, as estimated by the department, within sixty (60) days after the completion by the department of the engineering for the project, or should the local agency not deposit with the department fifty percent (50%) of the cost of the construction phase of the project, as estimated by the department, within sixty (60) days after the completion by the department of the right-of-way phase of the project, the department may, at its option, terminate any agreement with the local agency with respect to the local connector, and any funds deposited with the department by the local agency for the engineering phase or the right-of-way phase, or both, shall become part of the general highway fund free from all claims by the local agency.
  5. In the event the local agency does not deposit with the department fifty percent (50%) of the cost of the construction phase of the project as provided for in subsection (d), and the department exercises its option to terminate any agreement with the local agency with respect to the project, the local agency shall pay to the department, upon written demand, the actual amount necessary to reimburse the department for expenditures made in accomplishing the engineering and right-of-way phases after deducting the amounts previously deposited by the local agency as the entire estimated cost of the engineering phase and as fifty percent (50%) of the estimated cost of the right-of-way phase.
  6. In the event of the failure of the local agency to fully comply with this section, the department shall be authorized to receive any funds, excluding rural roads and federal-aid secondary roads funds, that would otherwise be payable to the local agency for highway purposes from the state, until the department has recovered the amount necessary to result in the fifty percent (50%) financial participation in the actual total cost of any phase, or reimbursement in full, as provided for in subsection (a), (c) or (d).
  7. Following the completion of the project, the department shall determine the actual total cost of the project and either pay to or receive from the local agency an amount that results in the equal financial participation by the parties in the total cost of the project.
  8. It is the intent of this part for the local agency to participate in the cost of connector projects with road or street funds of the local agency that shall, in no event, include in any part funds from the rural roads program or the federal-aid secondary roads program.
  9. The maintenance of any road designated as a connector under this part shall be the responsibility of the local agency that participated in the cost of the project.

Acts 1965, ch. 159, § 7; 1967, ch. 19, § 1; 1968, ch. 577, § 3; 1971, ch. 93, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-575; Acts 1981, ch. 264, § 12; 1991, ch. 133, § 4; 1999, ch. 249, §§ 5, 6.

54-5-508. Funds to be used.

In effectuating the purposes of this part, the department is authorized to use funds appropriated to the department for this purpose.

Impl. am. Acts 1959, ch. 9, § 3; Acts 1965, ch. 159, § 8; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-576; Acts 1981, ch. 264, § 12.

Part 6
Signal Lights

54-5-601. Maintenance of signal light on state highway without commissioner's approval — Misdemeanor.

Any person who installs or maintains a signal light on a state highway without having secured prior written approval of the commissioner commits a Class C misdemeanor.

Impl. am. Acts 1959, ch. 9, § 3; Acts 1961, ch. 21, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-559; Acts 1981, ch. 264, § 12; 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Collateral References. Highways 153 et seq.

54-5-602. Signal light declared public nuisance.

A signal light installed and maintained on a state highway without the authority of the commissioner is declared a public nuisance that may be abated by the employees of the department at the direction of the commissioner or, upon the commissioner's request, by any peace officer, or by civil actions or suits brought in the circuit or chancery courts as provided by the general law.

Impl. am. Acts 1959, ch. 9, § 3; Acts 1961, ch. 21, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-560; Acts 1981, ch. 264, § 12.

Attorney General Opinions. A county attorney may bring an action under the statute to abate a nuisance, OAG 01-166 (11/15/01).

54-5-603. Inapplicable within boundaries of municipal corporation.

This part shall not apply within the boundaries of municipal corporations.

Acts 1961, ch. 21, § 3; T.C.A., § 54-561.

Part 7
Directional Signs

54-5-701. [Repealed.]

Acts 1953, ch. 31, § 1 (Williams, § 2799.1); T.C.A. (orig. ed.), § 54-536; Acts 1989, ch. 591, § 113; repealed by Acts 2013, ch. 472, § 2, effective July 1, 2013.

Compiler's Notes. Former § 54-5-701 concerned misdemeanor penalty for destroying or defacing markers erected on state highway.

54-5-702. [Repealed.]

Acts 1953, ch. 31, § 2 (Williams, § 2799.2); T.C.A. (orig. ed.), § 54-537; repealed by Acts 2013, ch. 472, § 2, effective July 1, 2013.

Compiler's Notes. Former § 54-5-702 concerned state recovery for highway markers damaged by negligence.

54-5-703. Signs not to be erected along highways designated as main traveled roads.

No person not of the department shall erect a sign of any character upon the right-of-way of any street, road, or highway, outside of incorporated municipalities, designated by the department as a main traveled road and included in the general highway plan of the state.

Acts 1925, ch. 87, § 1; Shan. Supp., § 1673a1; mod. Code 1932, § 2800; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 54-538; Acts 1981, ch. 264, § 12.

Cross-References. Billboard regulation and control, title 54, ch. 21.

54-5-704. Directional signs on interstate highways denoting historic sites.

The department is directed to expand its interstate highway marking program by erecting and maintaining signs denoting Tennessee-owned historic sites, the signs to indicate the exit providing the closest and most direct access to the facility.

Acts 1974, ch. 560, § 1; T.C.A., § 54-580.

54-5-705. Historic sites eligible.

Tennessee-owned historic sites not currently marked are or will become eligible for interstate directional signs only if they are located within ten (10) miles of an interstate highway and if they are open to the public on a year-round basis.

Acts 1974, ch. 560, § 2; T.C.A., § 54-581.

54-5-706. Erection and placement of directional signs.

The department is directed to mark the appropriate exit to eligible facilities by erecting two (2) identifying signs of a size and color suitable for ready observation by the motorist on the interstate highway. The first of these signs shall be placed a proper distance before the exit and the second shall be placed at the exit and may be incorporated into the directional sign normally erected to indicate the city or connector route served by the exit. The signs shall be erected facing both directions of travel on the interstate route.

Acts 1974, ch. 560, § 3; T.C.A., § 54-582.

54-5-707. Advice of departments of education, and environment and conservation, and historical commission.

The departments of education, and environment and conservation, and the Tennessee historical commission are directed to cooperate with and to assist the department of transportation by advising the department concerning those historic sites that are or shall become eligible for interstate directional signs.

Acts 1974, ch. 560, § 4; T.C.A., § 54-583.

54-5-708. Directional signs denoting certain educational institutions.

It may be the duty of the department to implement a directional signing program for all institutions of higher learning, state colleges of applied technology, and state-operated special schools throughout the state, as follows:

  1. Institutions that are located within ten (10) miles of an interchange on the federal-aid interstate system of highways shall be signed on the interstate highway system; provided, that all state community colleges may be signed on the highway system if the colleges are within nineteen (19) miles of an interchange on the highway system. Each institution meeting this criterion shall be signed at only one (1) interchange and shall be signed at the closest location, except where more than two (2) destinations are required to be signed at the same interchange. When this condition occurs, the two (2) closest institutions to the interchange shall be signed, with the remaining institution or institutions being signed at the second closest interchange;
  2. Institutions that are not signed on the federal-aid interstate system of highways shall be signed at the road entering the state highway system nearest the institution; and
  3. All signing shall meet federal highway administration requirements regarding the number of lines of sign legend, sign location and spacing.

Acts 1974, ch. 766, § 1; 1977, ch. 266, § 1; 1979, ch. 393, § 1; T.C.A., § 54-584; Acts 2013, ch. 473, § 25.

Amendments. The 2013 amendment substituted “state colleges of applied technology” for “state technology centers” in the introductory paragraph.

Effective Dates. Acts 2013, ch. 473, § 28. July 1, 2013.

54-5-709. Directional signs denoting wildlife management areas, wildlife refuges and state lakes.

  1. Notwithstanding any other law or rule and regulation to the contrary, the department of transportation is directed to implement a directional signing program on the state's state and federal highways denoting wildlife management areas, wildlife refuges and state lakes, established and operated pursuant to title 70.
  2. The department shall promulgate necessary rules and regulations to accomplish the effect and intent of this section. The regulations shall provide for the department to charge fees to cover the cost of signing.

Acts 1997, ch. 24, §§ 1, 2.

54-5-710. Directional signs denoting certain airports.

The department is directed to implement a directional signing program on the state's section of the national system of interstate and defense highways denoting airports located not more than ten (10) miles from the highway as follows:

  1. All such airports providing service to five thousand (5,000) commercial passengers per day if the airport is located in a county having a population of more than one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census;
  2. All such airports providing service to three thousand (3,000) commercial passengers per day if the airport is located in a county having a population of less than one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census; and
  3. All such airports that are regional airports:
    1. Having at least a six thousand foot (6000') runway with at least two thousand three hundred feet (2,300') of approach lead in strobe lights;
    2. Having at least fifty-eight (58) hangars;
    3. Complying with all federal design/safety standards;
    4. Having an instrument landing system with distance measuring equipment (ILS/DME);
    5. Serving as the prime staging area for regional disaster preparedness and relief; and
    6. Providing full-time trauma hospital flight access service.

Acts 2008, ch. 1170, § 1.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Effective Dates. Acts 2008, ch. 1170, § 2. July 1, 2008.

Part 8
Relocation of Utilities

54-5-801. Declaration of policy.

  1. The construction of modern highways is necessary to promote public safety, facilitate the movement of present day motor traffic, both interstate and intrastate in character, and to promote the national defense, and in the construction of the highways it is also in the public interest to provide for the orderly and economical relocation of utilities when made necessary by highway improvements, including extensions of highways within urban areas, without occasioning utility service interruptions or unnecessary hazards to the health, safety and welfare of the traveling or utility consuming public.
  2. Utilities have been authorized by statute or charter provisions for many years to locate their facilities within the boundaries of public roads and streets in this state, because utilities are vital to the health, safety and welfare of the citizens of this state, and further:
    1. The business and activities of utilities involve the rendition of essential public services to large numbers of the general public, and no cessation of utility service is permitted without authority of law;
    2. The financing of utilities involves the investment of large sums of money, obtained from municipal funds and subscribing members of the general public;
    3. The development and extension of utilities directly and vitally affect the development, growth and expansion of the general welfare, business and industry of this state; and
    4. All persons in this state are actual or potential consumers of one (1) or more utility services, and all consumers will be affected by the cost of relocation of their utilities as necessary to accommodate highway improvements.
  3. Public highways and streets are intended principally for public travel and transportation; but they are also intended for proper utility uses in serving the public, as authorized by charter provisions or other applicable laws of this state, and the utility uses are for the benefit of the public served. Without making use of public ways, utility lines could not reach or economically service the adjacent public, particularly in urban areas.
  4. Federal aid highways of the interstate system, including extensions of the highways in urban areas, serve the need of nonlocal and long distance traffic.
  5. The municipality that owns and operates its own utilities is a political subdivision of the state and lawfully holds all of its utility properties, real and personal, and other facilities in a proprietary capacity, and owns or has a real property interest in the streets, easements and other public ways in, under, and over which the utility facilities are installed.
  6. The obligation of the utility relocations is a burden on the public in this state, whether initially borne by the state or the municipally or cooperatively owned utility or in part by both, and it is, therefore, in the public interest that the burden be minimized to the extent that same can be done consistently with the principal purpose of the streets and highways for vehicular movement of persons and property; therefore, it is the intent of the general assembly to ensure that the state's police power in requiring relocation of utilities shall be exercised in a reasonable manner.
  7. Utility relocations necessitated by construction of the interstate highway system, extensions of the highway system, or improvements to the highway system are a public governmental function, properly a part of the construction, and, to the extent in this part provided, utility relocations shall be made at state expense; however, although made in obedience to the commissioner's orders in exercise of the police power under this part, relocations under this part for which compensation is not provided by this part or otherwise by law are declared to be damnum absque injuria and no claim therefor shall be enforceable against the state. Utility relocations to which this part are applicable shall be made only in pursuance of this part.
  8. The statements in this section are legislative determinations and declarations of public policy, and this part shall be liberally construed in conformity with its declarations and purposes to promote the public interest.

    Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-562.

    Cross-References. Relocation of utilities for road improvement purposes, title 54, ch. 22.

    Textbooks. Tennessee Jurisprudence, 23 Tenn. Juris., Streets and Highways, § 48.

    1. Constitutionality.

    This part was not unconstitutional under Tenn. Const., art. II, § 31, as authorizing the expenditure of state funds for other than a public purpose. Pack v. Southern Bell Tel. & Tel. Co., 215 Tenn. 503, 387 S.W.2d 789, 1965 Tenn. LEXIS 668 (1965).

    This part was not unconstitutional as providing for an unreasonable classification or as amounting to special legislation. Pack v. Southern Bell Tel. & Tel. Co., 215 Tenn. 503, 387 S.W.2d 789, 1965 Tenn. LEXIS 668 (1965).

    Collateral References. Highways 88.

    Electricity 9.

    Municipal corporations 679 et seq.

NOTES TO DECISIONS

1. Constitutionality.

54-5-802. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Betterment” means any upgrading of the facility being relocated that is not attributable to the highway construction and is made solely for the benefit of, and at the election of, the utility;
  2. “Commissioner” means the commissioner of transportation;
  3. “Cost of relocation” means the entire amount paid by or on behalf of the utility properly attributable to the relocation after deducting from that amount any betterment of the new facility and any salvage value derived from the old facility. The cost of relocation may include, but is not limited to, engineering, removal, and installation costs, but shall not include inspection costs or the cost of any betterment to the utility's facilities;
  4. “Department” means the department of transportation;
  5. “Public highway” means any highway included on the state highway system or interstate system and any highway, road or street that is owned, maintained, or owned and maintained by a county or municipality, including the right-of-way for the highway, road or street;
  6. “Relocation” means the adjustment of a utility facility as the commissioner determines is necessary or appropriate in connection with the construction or reconstruction of a public highway. Relocation includes:
    1. Removing and reinstalling the utility facility, including necessary temporary facilities;
    2. Moving, rearranging or changing the type of existing facilities;
    3. Taking any necessary safety and protective measures; and
    4. The construction of a replacement facility that is both functionally equivalent to, but not a betterment of, the existing facility and necessary for continuous operation of the utility service, the project economy or sequence of highway construction;
  7. “Salvage value” means the amount received from the sale of utility property that has been removed or, if retained for reuse, the amount at which the recovered material is charged to the utility's accounts; and
  8. “Utility” means a privately, publicly or cooperatively owned line, facility or system used, available for use or formerly used to transmit or distribute communications, electricity, gas, liquids, steam, sewerage, or other materials to the public.

    Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-563; Acts 1981, ch. 264, § 12; 2003, ch. 86, § 1.

54-5-803. Relocation of utility facilities authorized — Obligations of utility — Agreements for relocation and cost.

  1. The commissioner may by order, after notice and hearing, provide for the relocation of utility facilities within a public highway, including, if required, the entire removal from the public highway of certain facilities except as necessary to serve abutting premises or as necessary to cross the highway, and may require any utility as defined in § 54-5-802 to make or suffer the specified relocation, upon a finding that the action provided for is necessitated by highway improvement determined by the commissioner as a matter of policy relating to the design, construction, location and maintenance of public highways. The commissioner shall direct and control the reasonable manner and time of effecting the relocation so as to promote the public interest in the highway improvement without undue cost or risk and without impairment of utility service, whether the commissioner undertakes the relocation on behalf of the state or requires the utility to perform the relocation. If undertaken by the commissioner, the commissioner may contract the relocation work.
  2. The obligations of the utility, as defined in § 54-5-802, shall be to make or suffer relocation required by the commissioner, and to relocate cooperatively and in the reasonable manner and time as prescribed by the commissioner, and to advance and pay all costs incurred in effecting relocation that the state is not authorized to pay under this part or otherwise by law. It shall not be grounds for delay in relocation that a dispute exists over the cost of relocation or the method of paying or sharing the cost.
  3. The commissioner is authorized to enter into an agreement with a utility as defined in § 54-5-802 with respect to any relocation, the time and manner of its accomplishment and the payment and sharing of the cost incurred in effecting relocation, all upon reasonable terms and conditions that the commissioner approves as necessary or appropriate in the interest of a public highway program in this state. No notice, hearing or other proceeding under this part shall be required.

    Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-564.

    Cross-References. Relocation of utilities for road improvement purposes, title 54, ch. 22.

    1. The utility shall fully comply with  § 54-5-854(b), including the preparation and submission to the department of the utility's relocation plan, cost estimate and schedule of calendar days for completing the relocation, within the time period specified or within an additional time that may be allowed under § 54-5-854(b); and
    2. The utility shall either:
      1. Enter into a written agreement with the commissioner to include the relocation as a part of the department's highway construction contract; provided, however, that the agreement may provide that the utility shall perform certain relocation work with its own union employees as required under a negotiated organized labor contract; but, in that case, the utility shall be required to reimburse the department for all relocation costs if it fails to timely perform its relocation work as provided in the agreement with the commissioner; or
      2. Enter into a written agreement with the commissioner to remove all utility facilities that conflict with the highway construction, as determined by the department, prior to the letting of the department's construction contract, and otherwise perform and complete the utility relocation in accordance with approved relocation plans and schedule of calendar days; provided, however, that the agreement may provide that, in the event that the department does not undertake the highway construction project within a specified time, the utility shall be reimbursed for the relocation work it has timely performed in accordance with the approved plans and schedule.
  4. The department shall make no reimbursement payment to a utility as authorized under subsection (a), unless and until the commissioner is satisfied that the relocation has been performed in accordance with the relocation plans and schedule of calendar days approved by the department.
  5. To ensure that the department never pays any cost of relocation for which it cannot receive proportionate reimbursement under any federal aid highway act, if the United States department of transportation finally determines that the cost of relocation is not reimbursable to the department from federal funds, or that the cost of relocation is less than the amount reimbursed to the utility by the department, the utility so reimbursed shall repay to the department the difference between the amount reimbursed to the utility and the cost of relocation finally determined by the department.

    Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 4; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-565; Acts 1984, ch. 817, § 1; 1999, ch. 450, § 5; 2003, ch. 86, § 2.

    Cross-References. Relocation of utilities for road improvement purposes, title 54, ch. 22.

    Attorney General Opinions. The department of transportation is not obligated under § 54-5-804 to reimburse a utility for the cost of the relocation of the utility's facilities within county road right-of-way when the department undertakes a project for a county to replace a county bridge, OAG 03-162 (12/12/03).

    Cited: Metro. Gov't of Nashville v. Bellsouth Telcomms., Inc., 502 F. Supp. 2d 747, 2007 U.S. Dist. LEXIS 51454 (M.D. Tenn. July 13, 2007).

  6. Any party aggrieved by the order or decision of the chancery court may appeal from the order or decision to the supreme court in accordance with the rules for appeals in civil cases.

    Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 5; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-566; Acts 1981, ch. 264, § 12.

    Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 6; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-567; Acts 1981, ch. 264, § 12.

54-5-804. State to pay certain relocation costs — Exceptions — Reimbursement payments.

The commissioner is authorized to reimburse a utility for the cost of relocation, and to include the cost as a highway construction project cost, where the cost of relocation arises from the relocation of a utility facility located on a public highway right-of-way and the highway construction project is undertaken by the department, subject to the following conditions:

Notwithstanding any other law to the contrary, the utility shall be responsible, at its own expense, to inspect all phases of the utility relocation to ensure that the removal, installation, or removal and installation of the utility facility is done in accordance with all applicable specifications and safety codes.

The cost of relocation for which a utility may be reimbursed under subsection (a) shall nevertheless be borne in full by the utility without reimbursement by the department where, if required by law, the utility does not have a valid permit to locate on the public highway right-of-way from the department or from the county or municipality having jurisdiction over the right-of-way.

54-5-805. Hearing — Notice — Rules and regulations promulgated by commissioner — Appeals.

All hearings held under this part shall be public and upon not less than a fifteen-day written notice of the time, place and purpose of the hearing to each utility whose services or facilities may be affected, and to each municipality in which any part of the proposed highway improvement is to be located. Hearings may be held before the commissioner, or any representative designated by the commissioner, and at a place designated in the notice.

A record of the testimony shall be taken at the hearing and a transcript of the hearing furnished to anyone upon request and payment of the cost of the transcript.

The findings and orders shall be in writing and a copy of the findings and orders served upon the parties to the proceedings.

The commissioner may promulgate rules to govern proceedings under this part.

Any party aggrieved by any order may appeal to the chancery court of Davidson County within thirty (30) days of the entry of the order by filing a petition for review of the order. Upon receiving notice of the order, it shall be the duty of the commissioner or the commissioner's authorized agent to prepare and transmit a transcript of the record of the hearing, including all testimony, findings and orders, which shall be the record in the cause. If it is made to appear to the court that the order appealed from is unreasonable or unlawful, the order shall be vacated and annulled and the entire matter remanded to the commissioner for further proceeding consistent with the decision of the court; provided, that the appeal shall not operate as a stay of any order of the commissioner unless the court so orders.

54-5-806. Applicability of this part.

The policy, principles and reimbursement provisions of this part shall apply equally to all other utilities, whether public, private or cooperatively owned, that furnish utility service including, but not limited to, water, electric power, sanitary sewer, storm sewer, steam, fuel gas and telephone or telegraph service through a system of pipes, conduits, cables, or wires devoted to public utility service.

The policy, principles, and reimbursement provisions of this part shall apply to any and all highway projects that have not been completed on April 1, 1963, even though prior to April 1, 1963, the commissioner has required agreements with the affected utilities concerning the relocation work. The commissioner is authorized and directed to amend any and all existing agreements so as to conform to this part.

54-5-807. Nonapplicability of part.

This part shall not apply to:

  1. Any taking or damaging of property for which the utility is entitled to compensation pursuant to the constitution of this state or the United States or pursuant to any binding agreement inuring to the utility's benefit; and
  2. Any relocation of utility facilities located outside the boundaries of public streets, roads or highways.

Acts 1963, ch. 368, § 7; T.C.A., § 54-568.

54-5-808 — 54-5-850. [Reserved.]

The general assembly declares that it is the purpose of this section and §§ 54-5-85254-5-856 to regulate the removal, relocation, or adjustment of utility facilities occupying rights-of-way of highways when construction by the department makes removal, relocation, or adjustment necessary.

Acts 1988, ch. 517, § 1.

54-5-852. Definitions for §§ 54-5-851 — 54-5-856.

As used in § 54-5-851, this section and §§ 54-5-85354-5-856, unless the context otherwise requires:

  1. “Approximate vertical and horizontal locations of underground utility facilities” means the depth below the existing ground line in accordance with the best information available to the owner, and the location on a strip of land at least four feet (4') wide but not wider than the width of the utility facility plus two feet (2') on either side of the utility facility;
  2. “Calendar days” means all days shown on the calendar;
  3. “Complete project plans” means the plans, including existing topography and proposed grades, that have been developed by the department for use in acquiring rights-of-way and/or negotiating with owners for installation, relocation or adjustment of utility facilities relative to construction. Additions or changes to the plans shall be given to the utilities as soon as they are available;
  4. “Construction” means the work required to construct or reconstruct a highway in accordance with the plans and specifications;
  5. “Department” means the Tennessee department of transportation;
  6. “Highway” means a highway, road, or street that will be the subject of construction pursuant to a contract to be entered into between the department and a contractor;
  7. “Owner” means the owner, operator, user or joint user of utility facilities; and
  8. “Utility facility” means lines, pipes or other systems used, available for use, or formerly used to transmit or distribute communications, electricity, gas, liquids, steam, sewerage, or other materials.

Acts 1988, ch. 517, § 2; 1999, ch. 452, §§ 8, 9.

54-5-853. Notification of owners — Response — Failure to reply.

  1. Before beginning construction, the department shall identify and notify the owners of utility facilities that occupy or may occupy the rights-of-way of all highways described in the notice on which construction is proposed to be performed, by certified mail, return receipt requested, addressed to the designated representative of the owners. The department shall make every reasonable effort to identify the current and correct mailing address for each such owner in order to give actual notice to the appropriate personnel responsible for planning the relocation or adjustment of utility facilities of each owner.
  2. Within sixty (60) days following the receipt of notice from the department, the owner shall inform the department, in care of the person sending the notice at the address listed in the notice, whether or not it is the owner of the utility facilities and if so, the type of utility service, description and general location of each facility.
  3. For each owner to whom a notice is sent and for whom no response is received by the department within sixty (60) days as to whether or not the owner has utility facilities at the highway location described in the notice, the department shall provide a second notice by certified mail, return receipt requested.
  4. Within ten (10) days following the receipt of the second notice from the department, any owner so notified shall inform the department, in care of the person sending the second notice at the address listed in the notice, whether or not it is the owner of the utility facilities and if so, the type of utility service, description and general location of each facility.
  5. The failure of an owner to comply with this section shall create a presumption that it is not such an owner, and the department and its contractor may then undertake construction without liability to the owner for damages to the owner's utility facilities, and in addition, the owner shall be liable to the department's contractor for damages resulting from the failure.

Acts 1988, ch. 517, § 3.

54-5-854. Project plans — Copies — Marking, approval, and changes — Liability — Civil penalties.

  1. When the department is informed of the existence of utility facilities pursuant to § 54-5-853, it shall provide each owner with a set of complete project plans either by providing the owner with a paper copy or a digital copy. The plans may be transmitted by hand delivery or return receipt mail, or by electronic transmission of a digital copy. Digital copies shall be in the format, and subject to such restrictions on use, as the department may specify.
  2. Within one hundred twenty (120) calendar days following the receipt of the plans, the owner shall mark on the plans, or on a copy of the plans, the approximate vertical and horizontal locations of underground utility facilities, approximate horizontal location of above-ground utility facilities, a description of each of its existing utility facilities and any proposed new location of the facilities and additional facilities within all rights-of-way shown on the project plans, and prepare a plan and a schedule of calendar days to accomplish the proposed new location. The project plans, or a copy of the plans, and the plan and schedule of calendar days, shall be returned to the department in care of the person whose name and address are listed on the project plans. Should coordination with other owners be required in order for an owner to prepare a plan and schedule of calendar days, or should changes to the project plans cause the utility to alter its relocation plan or schedule, then additional time shall be allowed, but in no case shall the additional time exceed the original one hundred twenty (120) calendar days by more than an additional forty-five (45) calendar days.
    1. After the owner has submitted its plan and schedule of calendar days, the department may approve them if reasonable, or the department may otherwise reasonably direct the owner to install, relocate or adjust its utility facilities in accordance with an approved plan and schedule of calendar days. The department shall communicate approval or direction to the owner via certified mail.
    2. The department shall establish the date on which the owner may begin the installation, relocation or adjustment of its utility facilities, and the owner shall be given reasonable advance notice of the date by certified mail via a notice to proceed. The owner shall be free to order the required materials associated with the proposed utility relocation or adjustment at this time. No owner shall be notified to begin installation, relocation or adjustment until all health, governmental, and environmental regulatory agencies have approved the submitted plan where applicable.
    3. In the event the department and the owner fail to agree on a reasonable plan and schedule of calendar days to install, relocate or adjust the utility, the owner may proceed with the approved schedule under a reservation of rights notice to the department. The notice shall be filed within ten (10) days of the issuance of a notice to proceed by the department. The notice shall contain the owner's objections to the relocation schedule and shall state the reasons for the objections. The reservation of rights shall become a part of the administrative record for any subsequent contested case. If any subsequent contested case results in a revised plan and schedule of calendar days, then any penalty under subsections (g) and (h), shall be determined on the basis of the revised schedule.
  3. After the owner has completed the installation, relocation or adjustment, or any part of the installation, relocation or adjustment, and the department requires any additional relocation or adjustment, the department shall reimburse the owner for the cost incurred.
  4. The department shall give its contractor and the owner notice of any change in highway construction that would require any additional relocation or adjustment and the owner shall be given an agreed reasonable time to accomplish the work. In addition, the department shall reimburse the owner for the costs of all materials that have been purchased in association with the utility relocation or adjustment that cannot be utilized as a result of the change in the project.
  5. The department's contractor shall be liable for any damages negligently inflicted to the owner's utility facilities occurring during the time provided in the schedule of calendar days for installation, relocation or adjustment, or during the approved time for any additional relocation or adjustment.
  6. If any owner fails to comply with and implement this section, the contractor, with the consent of the department, may then undertake construction without liability to the owner for damages to the owner's utility facilities, and in addition, the owner shall be liable to the department's contractor for damages resulting from the failure.
      1. If the owner fails to complete the required installation, relocation or adjustment of its utility facilities within the approved schedule of calendar days as approved by the department, the commissioner of transportation shall have the authority to assess and collect from the owner a civil penalty in the amount of five hundred dollars ($500) for each calendar day after the scheduled completion date that the owner fails to complete the required installation, relocation or adjustment. Owners having less than three thousand (3,000) customers shall be subject to the assessment of a civil penalty not to exceed two hundred fifty dollars ($250) per calendar day when the owner fails to complete the required installation, relocation or adjustment of its utility facilities within the approved schedule of calendar days.
      2. The failure of another owner to sufficiently complete its required installation, relocation or adjustment of utilities that interferes with the owner's relocation plan shall constitute an affirmative defense to the assessment of a civil penalty pursuant to this section.
    1. Notwithstanding any provision of this subsection (h) to the contrary, no civil penalty shall be assessed for delays that result from catastrophic weather events or acts of God.
    2. During the course of the utility relocation phase of the project, each owner that is installing, relocating or adjusting its utility facilities shall furnish the department and all other such owners with monthly progress reports regarding the status of the relocation of its utility facility, until its relocation is completed. It shall be sufficient to comply with this subsection (h) if the owner regularly reports progress during the course of pre-construction meetings held by the contractor and the department. The content of the reports shall be reflected in the minutes of the meetings and the minutes shall constitute the monthly progress report required under this subdivision (h)(3), whether or not the meetings are held on a monthly basis.
    3. The department shall give the owner written notice of the intent to assess a civil penalty and the opportunity to appear before the commissioner or the commissioner's designee to show cause why the penalty should not be assessed. Upon finding that a civil penalty should be assessed, the commissioner or the commissioner's designee shall issue an appropriate order to the owner. If the civil penalty has not been paid in full within ninety (90) days after the entry of the order, the matter shall be turned over to the attorney general and reporter for collection, and the owner shall be liable for all expenses associated with the enforcement action, including court costs and attorneys' fees.
    4. Appeals of any decision to assess a civil penalty pursuant to this section shall be undertaken pursuant to the normal procedures for appeal of agency decisions in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
    5. The moneys collected as civil penalties under this subsection (h) shall be paid into the fund set aside for the utility relocation loan program established under § 67-3-901.

Acts 1988, ch. 517, § 4; 1999, ch. 452, §§ 1-6; 2002, ch. 675, § 1; 2012, ch. 602, § 1.

Amendments. The 2012 amendment, in (a), substituted “a set of complete project plans either by providing the owner with a paper copy or a digital copy” for “at least two (2) sets of complete project plans by certified mail or hand delivery” in the first sentence and added the second and third sentences.

Effective Dates. Acts 2012, ch. 602, § 2. March 21, 2012.

54-5-855. Revised cost estimate — Reimbursement of engineering costs.

  1. In the event the department does not notify the owner by certified mail of the approved plan and schedule of calendar days and date for beginning installation, relocation or adjustment within six (6) months after their submission, then the owner shall be allowed to submit a revised cost estimate, when applicable, which shall be incorporated into the utility relocation contract.
  2. In the event the department does not undertake the proposed project within one (1) year after the final approval of the utility relocation plan, the department shall reimburse the owner for all costs of engineering.

Acts 1988, ch. 517, § 5; 1999, ch. 452, § 7.

Cross-References. Certified mail instead of registered mail, § 1-3-111.

54-5-856. Liaison between owner and contractor.

The department's resident engineer shall act as liaison between the owner and the department's contractor on any project to which §§ 54-5-85154-5-855 and this section are applicable.

Acts 1988, ch. 517, § 6.

Part 9
Automobile Graveyards [Transferred]

54-5-901 — 54-5-905. [Transferred.]

Compiler's Notes. Former part 9, §§ 54-5-90154-5-905 (Acts 1965, ch. 352, §§ 1-6; T.C.A., § 54-577), concerning automobile graveyards, was transferred to title 54, ch. 20, part 2 in 1988.

Part 10
Memorial Highways

54-5-1001. Blue Star Memorial Highways designated.

  1. Those portions of interstate and defense highways I-24, I-75, and I-81 within Tennessee and that portion of State Highway 40 (United States Highway 64) from Chattanooga to the Tennessee-North Carolina state line are designated Blue Star Memorial Highways.
  2. That portion of State Highway 57 (United States Highway 72 — Poplar Avenue) lying within Shelby County is also designated as a Blue Star Memorial Highway, and in addition to any signs erected in accordance with § 54-5-1002, the department shall consult with organizations and institutions located on the highway, including veterans' hospitals, concerning appropriate signs along the highway.
  3. That portion of United States Highway 45 West from the Madison-Gibson County line to the Gibson-Obion County line is also designated as a Blue Star Memorial Highway, and in addition to any signs erected in accordance with § 54-5-1002, the department shall consult with organizations and institutions located on the highway, including veterans' hospitals, concerning appropriate signs along the highway.
  4. That portion of United States Highway 25 West lying within Cove Lake State Park in Campbell County is also designated as a Blue Star Memorial Highway.
  5. That segment of United States Highway 641 within Henry County, from the Tennessee-Kentucky state boundary to the Henry County-Benton County boundary, is also designated as a Blue Star Memorial Highway.
  6. That segment of State Route 14 within Shelby County, from the Tipton County-Shelby County boundary to that route's intersection with Interstate 240, is also designated as a Blue Star Memorial Highway.

Acts 1981, ch. 71, § 1; 1989, ch. 33, § 1; 1990, ch. 952, § 1; 1991, ch. 95, § 1; 1995, ch. 34, § 1; 1997, ch. 3, § 1.

54-5-1002. Signing and marking of Blue Star Memorial Highways.

The department is authorized to cooperate with concerned public and private groups to develop and implement a program for signing and marking the highways designated in § 54-5-1001.

Acts 1981, ch. 71, § 2.

Cross-References. Blue Star Memorial Highways, § 54-5-1001.

54-5-1003. Driving Under the Influence (DUI) memorial signing program.

  1. As used in this section:
    1. “Conventional state highway” means a highway on the state highway system that is characterized by at-grade intersections and a lack of control of access;
    2. “Immediate family member” means a spouse, child, parent, or sibling of the deceased victim, whether by marriage, blood, or adoption; and
    3. “Resident” has the same meaning as defined in § 55-50-102.
  2. The department of transportation shall establish a Driving Under the Influence (DUI) memorial signing program for the erection and maintenance of memorial signs within the rights-of-way of conventional state highways commemorating persons who have died as a result of a vehicular accident caused by a driver under the influence of alcohol, a controlled substance, or other intoxicant.
  3. The purposes of the program are to combat driving under the influence, increase public awareness of highway safety, and recognize the needs of grieving families who have lost a relative in an accident caused by a driver under the influence of an intoxicant.
  4. A memorial sign shall only be erected to memorialize a victim of a vehicular accident in which the driver of one (1) of the vehicles was driving under the influence of an intoxicant in violation of § 55-10-401, § 39-13-106, § 39-13-213(a)(2), or § 39-13-218, and the driver's driving under the influence of an intoxicant was a cause in fact and proximate cause of both the accident and the victim's death resulting from the accident; provided, further, that a memorial sign shall only be erected for a victim who, at the time of the accident, was a resident of this state.
  5. Within one (1) year from the date of conviction or death of the driver who was driving in violation of § 55-10-401, § 39-13-106, § 39-13-213(a)(2), or § 39-13-218, an immediate family member of a deceased victim may request that a memorial sign be displayed at or near the location of the accident by making an application to the department on a form prescribed by the department, which shall contain the following information:
    1. Name of each victim for whom the sign is requested;
    2. Location of the accident;
    3. Date of the accident;
    4. Name and contact information of the applicant; and
    5. Name of the driver convicted for a violation of, or name of the driver proven to be under the influence of an intoxicant in violation of, § 55-10-401, § 39-13-106, § 39-13-213(a)(2), or § 39-13-218.
  6. The application shall be accompanied by a copy of the accident report required to be submitted to the department of safety by the investigating law enforcement officer pursuant to § 55-10-108(b) and a copy of the report of the conviction of the driver for a violation of § 55-10-401, § 39-13-106, § 39-13-213(a)(2), or § 39-13-218, required to be submitted to the department of safety by the court of record pursuant to § 55-10-306; except, that if the driver who was driving under the influence of an intoxicant in violation of § 55-10-401, § 39-13-106, § 39-13-213(a)(2), or § 39-13-218 died as a result of the accident, then in lieu of a report of the conviction, the application shall be accompanied by a copy of the toxicology report or autopsy report that demonstrates that the driver was intoxicated over the legal limit set in the offenses listed in this subsection (f). The applicant may provide to the department additional documentation relating to the accident or the driver's conviction if necessary to establish that the driver was under the influence.
  7. No memorial sign shall be erected for a victim who, at the time of the accident, was driving under the influence of an intoxicant in violation of § 55-10-401, § 39-13-106, § 39-13-213(a)(2), or § 39-13-218; engaging in reckless driving in violation of § 55-10-205; or committing a felony or other criminal offense other than a traffic violation under title 55, chapter 8.
    1. The erection of the memorial signs shall be within the guidelines prescribed by the Manual on Uniform Traffic Control Devices and within the state supplemental guidelines, as applicable.
    2. A memorial sign erected pursuant to this section shall be of an appropriate size, color, and shape as determined by the department; provided, that the sign shall consist of a panel with the language “Impaired Driving Costs Innocent Lives”.
    3. An additional memorial plaque shall be mounted below the panel required by subdivision (h)(2). The plaque shall consist of the language “In Memory Of” followed by the name of the victim; provided, that the immediate family member may request the name of the victim remain anonymous.
  8. A memorial plaque may memorialize more than one (1) victim who died as a result of the same accident. If one (1) or more additional deaths subsequently occur in close proximity to an existing memorial sign, the department may use the same memorial plaque to memorialize the subsequent death or deaths, by adding the names of the additional persons.
  9. One (1) memorial sign shall be placed at the location of the accident; except, that the sign may be placed near or adjacent to the location of the accident or at an alternate location due to any restrictions, including available space, property owner complaints, interference with traffic control devices, or safety concerns. The sign shall be erected on the right-hand side of the right-of-way in the direction of travel of the victim's vehicle at the time of the accident.
  10. A memorial sign or plaque that is damaged shall be removed, replaced, or modified by the department. The department may remove, relocate, or dismantle any memorial sign, without notice, upon the determination by the department that the removal, relocation, or dismantling is necessary for construction, maintenance, safety, or other highway-related purpose.
  11. An immediate family member requesting a memorial sign under this section shall not place or encourage the placement of decorations, flowers, flags, or other memorial ornaments or tributes at or near the location of the accident.
  12. The cost of the signage shall be funded in accordance with § 54-1-133(b).
  13. The department is authorized to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this section.

Acts 2016, ch. 1039, § 2; 2017, ch. 157, §§ 2-4.

Compiler's Notes. Former § 54-5-1003 concerned funding for signing and marking memorial highways.

Acts 2016, ch. 1039, § 1 provided that the act, which enacted this section, shall be known and may be cited as the “Tyler Head Law”.

Acts 2016, ch. 1039, § 4 provided that the department of transportation is urged to install as soon as reasonably practicable a memorial sign pursuant to this act to honor the memory of Tyler Head, the namesake of this act and twenty-year old college student, who tragically passed away at the scene of a violent head-on collision on February 3, 2012, in which the other driver had been under the influence of alcohol; provided, that all of the requirements of this act have been met.

Acts 2017, ch. 157, § 1 provided that the act shall be known and may be cited as the “Shadow ‘Shada’ Brooke Lowe Act” and provided that the department of transportation shall install as soon as reasonably practicable a memorial sign pursuant to the act to honor the memory of Shadow ‘Shada’ Brooke Lowe, the namesake of this act and eighteen-year-old student at Roane State Community College, who died as a result of a head-on collision on October 9, 2011; provided, that all of the requirements of Tennessee Code Annotated, Section 54-5-1003, have been met.

Amendments. The 2017 amendment, in (e), substituted “Within one (1) year from the date of conviction or death of the driver who was driving in violation of” for “Within one (1) year from the date of conviction of the driver for a violation of” at the beginning of the introductory language, and inserted “, or name of the driver proven to be under the influence of an intoxicant in violation of,” in (5); and added “; except, that if the driver who was driving under the influence of an intoxicant in violation of § 55-10-401, § 39-13-106, § 39-13-213(a)(2), or § 39-13-218 died as a result of the accident, then in lieu of a report of the conviction, the application shall be accompanied by a copy of the toxicology report or autopsy report that demonstrates that the driver was intoxicated over the legal limit set in the offenses listed in this subsection (f)” at the end of the first sentence in (f).

Effective Dates. Acts 2016, ch. 1039, § 5. July 1, 2016.

Acts 2017, ch. 157, § 5. April 24, 2017.

Part 11
Specific Service Signs

54-5-1101. System authorized — Guidelines — State Route 840.

  1. There is authorized to be established a system of specific service signs within the rights-of-way of highways on the interstate system and on adjoining public roads in the vicinity of the highways for the purpose of advising the traveling public of specific business establishments within certain eligible categories. Multi-lane, fully controlled-access roads are permitted to participate in the specific service sign system in accordance with the guidelines established for the program, and the commissioner of transportation is directed to add the roads to the system. If space is available, a specific business establishment shall not be excluded from participating in the specific service sign program because the establishment does not serve breakfast. The establishment may occupy any available space on a specific service sign if doing so would not exclude a business establishment that does serve breakfast.
  2. The specific service signs shall be within the guidelines prescribed by the Manual on Uniform Traffic Control Devices.
  3. As portions of State Route 840 are opened, these portions shall be included in the specific service sign program provided for in this part; provided, that eligibility of interchanges and businesses for participation in this program shall be determined in accordance with regulations that the commissioner has promulgated pursuant to this part.
    1. Notwithstanding any provision of this part to the contrary, the commissioner of transportation is authorized, subject to the approval of the federal highway administration, to erect specific service signs at Exit 1 (United States Highway 41) on Interstate Highway 75 in Hamilton County; provided, however, that, due to safety considerations, no more than one (1) sign panel may be erected on either approach to the exit and the categories of specific service signs available shall be limited to food and lodging.
    2. Notwithstanding any provision of this part to the contrary, the commissioner of transportation is authorized to erect specific service signs at Exit 1 (United States Highway 41) on Interstate 24 and 75 in Hamilton County to provide one (1) sign panel for the categories of gas and camping.

Acts 1988, ch. 696, § 2; 1991, ch. 282, § 1; 1995, ch. 350, § 1; 1996, ch. 653, § 1; 1999, ch. 359, § 1; 2003, ch. 65, § 1; 2004, ch. 495, § 1.

Cross-References. Public contracts, title 12, ch. 4.

Tourist oriented directional signs, title 54, ch. 5, part 13.

Attorney General Opinions. Constitutional requirement that General Assembly pass appropriation for Public Chapter 696, OAG 88-87 (4/19/88).

Collateral References. Highways 153 et seq.

54-5-1102. Powers of department — Construction contracts.

  1. The department has the authority to provide for the construction and administration of specific service signs.
  2. The department may enter into contracts for construction of specific service signs, the contracts to be subject to §§ 54-5-113 — 54-5-127.

Acts 1988, ch. 696, § 3.

54-5-1103. Administrative service contracts — Bidding lease payments.

    1. Except as provided in this section, the department shall enter into contracts for the administration of specific service signs. The department may, however, carry out the administration of specific service signs to provide continuity of the program in the case of default of an administrative contractor, or in the interim period between administrative contracts, and to fulfill statutory or regulatory changes made to the program during an existing administrative contract where the administrative contractor is unwilling to provide for statutory or regulatory additions to the program under the terms of the existing contract, and other terms that the department deems appropriate.
    2. Contracts for administrative services include the marketing, management, and maintenance of specific service signs. Any administrative services contract awarded must include provisions requiring an appropriate corporate surety performance bond, security or cash.
  1. Nothing in this section shall be construed as preventing the commissioner from determining whether provision of administrative services for the entire state should be the basis for bids, or whether the provision of the services for segments of the state should be the basis for bids.
  2. Notwithstanding § 12-3-102(a)(8), any contract to perform administrative services shall be awarded to the contractor whose proposal offers the best value for the state rather than the least cost to the retail user of the signs. In determining the best value for the state, the department may consider:
    1. The quality of service offered;
    2. The contractor's overall qualifications to partner with the department. This includes determining fair market value of advertising space and establishing a fee structure that provides a combination of revenue to the department and fair pricing to the advertisers;
    3. The contractor's financial resources and ability to perform;
    4. The percentage of revenue sharing provided to the department by the contractor; and
    5. Any other factor the department considers relevant.

Acts 1988, ch. 696, §§ 4, 6; 1991, ch. 282, § 2; 2013, ch. 471, §§ 1, 5.

Compiler's Notes. Former § 12-4-109(a)(2), formerly referred to in this section, was transferred to § 12-3-102(a)(8), by Acts 2013, ch. 403, § 9, effective July 1, 2013.

Amendments. The 2013 amendment  deleted the first sentence in (a)(2) which read: “Contracts for administrative services shall be subject to §§ 12-4-10912-4-111.”; and rewrote (c) which read: “Any contract to perform administrative services pursuant to this part shall provide for lease payments to the department for a system of specific service signs. The lease payments shall fully reimburse the department for the cost of the signs, which shall include the value of funds used by the department to pay for the signs. The cost shall be recovered over a period of not more than ten (10) years. After the cost has been recovered, the department shall continue to charge a lease cost sufficient to recover the maintenance and replacement cost of the signs.”

Effective Dates. Acts 2013, ch. 471, § 6. May 20, 2013.

54-5-1104. [Repealed.]

Acts 1988, ch. 696, § 8; repealed by Acts 2013, ch. 471, § 2, effective May 20, 2013.

Compiler's Notes. Former § 54-5-1104 concerned successful bidders for contracts.

54-5-1105. Award of contracts to Tennessee based enterprises.

  1. Notwithstanding any law or this part to the contrary, all contracts entered into by the state pursuant to this part shall be awarded to Tennessee-based business enterprises.
  2. [Deleted by 2013 amendment.]

Acts 1988, ch. 696, §§ 12, 15; 2013, ch. 308, § 27.

Amendments. The 2013 amendment deleted (b) which read: “Notwithstanding any law or this part to the contrary, disadvantaged business enterprises shall participate in ten percent (10%) of all contracts entered into by the state for construction of specific service signs pursuant to this part.”

Effective Dates. Acts 2013, ch. 308, § 46. July 1, 2013.

54-5-1106. Nonconforming billboards.

No lease payments, royalty payments, or funds of any type received by the state pursuant to this part shall be used for the purchase of nonconforming billboards or used as payment for the taking or removal of nonconforming billboards.

Acts 1988, ch. 696, § 13; 2013, ch. 471, § 3.

Amendments. The 2013 amendment rewrote the section which read: “(a) There is levied a gross receipts royalty payment of six percent (6%) on the difference between the provider's gross revenues and the lease payments made to the state. The payments shall be made annually on January 31 of each year.“(b)(1) The proceeds from the gross receipts royalty payment shall be allocated and distributed to the highway fund; however, none of the proceeds shall be used for acquisition of outdoor advertising.“(2) No lease payments, royalty payments, or funds of any type received by the state pursuant to this part shall be used for the purchase of nonconforming billboards or used as payment for the taking or removal of nonconforming billboards.”

Effective Dates. Acts 2013, ch. 471, § 6. May 20, 2013.

54-5-1107. Outdoor advertising provisions unaffected.

This part shall not in any manner affect the authorization or regulation of outdoor advertising as set forth in this code.

Acts 1988, ch. 696, § 9.

54-5-1108. Rules and regulations.

The commissioner shall promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the construction and administration of specific service signs.

Acts 1988, ch. 696, § 10.

54-5-1109. [Repealed.]

Acts 1988, ch. 696, § 14; 1990, ch. 721, §§ 1-3; 1993, ch. 94, § 1; repealed by Acts 2013, ch. 308, § 28, effective July 1, 2013.

Compiler's Notes. Former § 54-5-1109 concerned exemptions.

54-5-1110. Businesses qualified prior to July 1, 2001 — Competitive selection process.

  1. Those food service businesses qualified under this program as of July 1, 2001, and that continue thereafter to be qualified and pay all fees required, shall not be replaced by any business that becomes qualified after July 1, 2001.
  2. Notwithstanding subsection (a), if the department elects to award advertising space based on a competitive selection process, the food service businesses qualified under the program as of July 1, 2001, will need to compete in such a competitive selection process and may be replaced by any business that submits a more competitive proposal under such a process.

Acts 2001, ch. 217, § 1; 2013, ch. 471, § 4.

Amendments. The 2013 amendment added (b).

Effective Dates. Acts 2013, ch. 471, § 6. May 20, 2013.

54-5-1111. “RV friendly” service signs for businesses that cater to recreational vehicles.

  1. Subject to the prior approval of the federal highway administration, the department is directed to incorporate the use of “RV friendly” markers on specific service signs for business establishments that cater to the needs of persons driving recreational vehicles. A business establishment that qualifies for participation in the specific service sign program and that also qualifies as RV friendly may request that an RV friendly marker be displayed immediately adjacent to the establishment's business logo sign on the appropriate background sign panel. For purposes of this section, the RV friendly marker to be displayed shall be a marker approved by the federal highway administration in the Manual on Uniform Traffic Control Devices.
  2. In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and subject to the approval of the federal highway administration, the department shall promulgate rules and regulations that are necessary to implement this section, including the promulgation of rules and regulations setting forth the minimum requirements that business establishments must meet in order to qualify as RV friendly. The requirements shall include, but shall not be limited to, the availability at each qualifying business establishment of parking spaces, entrances, and exits in sufficient number and of sufficient size and dimensions to easily accommodate recreational vehicles, and the presence of appropriate overhang clearances at all facilities, if applicable.
  3. For the purposes of assisting the federal highway administration in considering the approval of an RV friendly marker for incorporation into the Manual on Uniform Traffic Control Devices, the department is directed to submit a request to the federal highway administration for permission to experiment with the use of an RV friendly marker on specific service signs in accordance with this section.

Acts 2005, ch. 337, § 1.

Part 12
Bicentennial Beautification Act of 1993

54-5-1201. Short title.

This part shall be known and may be cited as the “Bicentennial Beautification Act of 1993.”

Acts 1993, ch. 455, § 1.

Collateral References. Highways 153 et seq.

54-5-1202. Legislative intent.

It is the intent of the general assembly to:

  1. Develop a permanent roadside landscaping program within the department of transportation with emphasis on wildflower preservation and propagation;
  2. Beautify the state's roadways and enhance the aesthetics of the state's highway system while reducing maintenance costs; and
  3. Make the public more aware of the state's landscape diversity and improve environmental quality along the roadways.

Acts 1993, ch. 455, § 2.

54-5-1203. Wildflower program.

  1. The department of transportation shall continue the wildflower program.
    1. The department shall plant in each of the four (4) regions of the state not less than twenty-four (24) acres of wildflowers along the highway system and at appropriate interchanges that are heavily traveled.
    2. For the purposes of this part, unless the context otherwise requires, “wildflowers” means plants or grasses that are native to the southeastern United States, and Tennessee in particular, when available.
  2. The department is encouraged to take measures to reduce mowing costs associated with this program. In rural areas beyond the immediate roadside identified as having existing high quality native wildflower habitats, mowing should be conducted only as necessary to encourage the full development of the wildflower habitats. The department of environment and conservation shall assist the department of transportation in identifying these sites.
  3. For the benefit of the traveling public and mowing crews, the areas shall carry appropriate notations stating that the wildflowers are present.

Acts 1993, ch. 455, § 3; 1995, ch. 413, §§ 1-4.

54-5-1204. Participation by community groups.

  1. It is the intent of the general assembly to encourage business groups, civic organizations, garden clubs, and individuals to assist, on a volunteer basis, in planting and maintaining Tennessee native wildflowers, other native plants, and other plants along the highway system and at appropriate interchanges that are heavily traveled.
  2. The commissioner of transportation may enter into formal agreements with business groups, civic organizations, garden clubs, and individuals for volunteer services to assist, on a volunteer basis, in planting and maintaining Tennessee native wildflowers, other native plants, and other plants along the highway system in accordance with plans devised by the commissioner after consultation with the volunteers.
  3. The commissioner may direct that appropriate signs be erected to recognize and express appreciation to a provider of volunteer services.

Acts 1993, ch. 455, § 4.

54-5-1205. Rules and regulations.

The department is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this part.

Acts 1993, ch. 455, § 5.

54-5-1206. Acreage in addition to acres already planted and cultivated.

The acres that are planted pursuant to this part shall be in addition to acres already planted and under cultivation. The acres planted as of July 1, 1993, shall be maintained and continued and shall be included in the required report.

Acts 1993, ch. 455, § 6.

Part 13
Tourist Oriented Directional Signs

54-5-1301. Establishment of program — Contracts.

    1. The department of transportation is authorized to conduct a tourist oriented directional signs program, referred to as TODS, within the right-of-way of state highways by either the entry into administrative service and construction contracts or by the administration of the program with department personnel, at the option of the department.
    2. Contracts for administrative and construction services shall be subject to former §§ 12-4-109 — 12-4-111 [See the Compiler’s Notes]. Contracts for administrative or construction services shall include provisions requiring appropriate corporate surety performance bond, security or cash. Contracts for the services shall be awarded based on an objective, competitive bid basis to the lowest responsible bidder.
    3. Should the commissioner determine that it is in the best interest of the state for the department to conduct the program set forth in this part through the award of an administrative service or construction contract or contracts, the scope of the services provided by the contracts shall be at the discretion of the commissioner.
  1. TODS shall be available to lawful cultural, historical, recreational, agricultural, educational, or entertaining activities, state and national parks, and commercial activities that are unique and local in nature, and the major portion of whose income or visitors are derived during its normal business season from motorists not residing in the immediate area of the activity.
  2. Notwithstanding this chapter or any other law to the contrary, the department shall have sole and exclusive jurisdiction over the design, erection, installation, and maintenance of tourist oriented directional signs (“TODS signs”) located within the right-of-way of any highway designated as part of the state highway system, including TODS signs within the corporate limits of municipalities.
  3. As used in this part, “tourist oriented directional signs” or “TODS signs” refer only to the specific category of guide signs authorized in the Manual on Uniform Traffic Control Devices for use on rural conventional roads to display business identification and directional information for eligible tourist-oriented facilities. TODS signs do not include specific service signs as authorized in part 11 of this chapter, community wayfinding signs, or other types of guide signs authorized in the Manual on Uniform Traffic Control Devices.

Acts 1993, ch. 505, § 2; 1995, ch. 518, § 2; 2016, ch. 892, § 1.

Compiler's Notes. Former §§ 12-4-10912-4-111, referred to in this section, were recodified by Acts 2013, ch, 403, effective July 1, 2013.  Provisions similar to former § 12-4-109 were transferred to other sections within title 12, ch. 3, parts 1, 3, and 5. Provisions similar to former §§ 12-4-110 and 12-4-111 were transferred to §§ 12-3-303 and 12-3-302, respectively.

Acts 1996, ch. 1000, § 2 provided for the repeal of Acts 1995, ch. 518, § 6 concerning the inapplicability of that act to any scenic highway compiled in title 54, chapter 17, part 1.

Amendments. The 2016 amendment added (c) and (d).

Effective Dates. Acts 2016, ch. 892, § 5. April 27, 2016.

Cross-References. Specific service signs, title 54, ch. 5, part 11.

Collateral References. Highways 153 et seq.

54-5-1302. Compliance with other requirements.

  1. In all respects, the erection of TODS shall comply with:
    1. The Manual on Uniform Traffic Control Devices;
    2. Local zoning and local zoning authorities; and
    3. All laws and regulations for scenic highways, in accordance with chapter 17, part 1 of this title, and scenic parkways, chapter 17, part 2 of this title.
  2. Any TODS sign that was, or is, erected or installed within the right-of-way of any state highway by any local government or any entity other than the department or a contractor acting for the department is hereby declared illegal, and the sign shall be removed by the local government or entity that erected or installed it; provided, however, that the cost of removal may be recovered from the facility or facilities advertised on the sign. If the local government or entity fails or refuses to remove the sign within one hundred eighty (180) days after ordered by the department, the department shall remove the sign and may recover the cost of removal from the local government that constructed the sign. This subsection (b) shall not apply to any TODS sign erected or installed prior to April 27, 2016, within any county having a population of not less than eighty-nine thousand eight hundred (89,800) nor more than eighty-nine thousand nine hundred (89,900), according to the 2010 federal census or any subsequent federal census.

Acts 1993, ch. 505, § 4; T.C.A., § 54-5-1303; Acts 1995, ch. 518, § 3; 2016, ch. 892, § 2; 2017, ch. 23, § 1.

Compiler's Notes. For U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2016 amendment  added (b).

The 2017 amendment substituted “within any county having” for “within the corporate limits of the county seat of any county having” in the last sentence of (b).

Effective Dates. Acts 2016, ch. 892, § 5. April 27, 2016.

Acts 2017, ch. 23, § 2. March 29, 2017.

54-5-1303. Rules and regulations.

The department of transportation shall promulgate necessary rules to accomplish the effect and intent of this part. The rules shall define eligible users of TODS; establish an application process for obtaining a TODS sign; provide for the department to charge fees to cover the cost of signing and administration of the TODS program; and address other topics suggested in the Manual on Uniform Traffic Control Devices.

Acts 1993, ch. 505, § 3; T.C.A. § 54-5-1302; Acts 1995, ch. 518, § 4; 2016, ch. 892, § 3.

Amendments. The 2016 amendment deleted “and regulations” following “rules” in the first sentence; and rewrote the second sentence which read: “The regulations shall define eligible users of TODS; provide for the department to charge fees to cover the cost of signing; and address other topics suggested in the Manual on Uniform Traffic Control Devices.”

Effective Dates. Acts 2016, ch. 892, § 5. April 27, 2016.

54-5-1304. Competitive bidding.

With respect to a TODS sign, the department shall not enter into a contract for the procurement of signs or other goods or for contracts for services unless the contract is objectively and competitively bid, pursuant to former § 12-3-102(a)(8). The department shall not use the request for proposals (RFP) procedure in the contracting process. The signs shall be subject to the requirements of part 11 of this chapter.

Acts 1995, ch. 518, § 5.

Compiler's Notes. Former § 12-4-109(a)(2), formerly referred to in this section, was transferred to § 12-3-102(a)(8), by Acts 2013, ch. 403, § 9, effective July 1, 2013.

Former § 54-5-1304 (Acts 1993, ch. 505, § 5), concerning scenic highways, was repealed by Acts 1995, ch. 518, which repealed this part and reenacted it without including that section. Acts 1995, ch. 518 took effect January 1, 1996, except for the promulgation of rules and regulations, for which purposes it took effect June 12, 1995.

54-5-1305. Maintenance of inventory of signs.

The department of transportation shall develop and maintain an inventory of TODS signs located within state highway rights-of-way, including signs erected by the department or any other person or entity, and indicating whether the signs are located within, or outside, the corporate limits of a municipality. The initial inventory shall be completed by no later than July 1, 2018.

Acts 2016, ch. 892, § 4.

Compiler's Notes. Former § 54-5-1305 (Acts 1993, ch. 505, § 6), concerning the conclusion of the pilot program and reports, was repealed by Acts 1995, ch. 518, which repealed this part and reenacted it without including that section. Acts 1995, ch. 518 was effective January 1, 1996, except for the purpose of promulgation of rules and regulations, for which purpose it took effect June 12, 1995.

Effective Dates. Acts 2016, ch. 892, § 5. April 27, 2016.

54-5-1306. Competing applications for inclusion — Selection criteria — Renewal.

  1. Notwithstanding any law, rule or regulation to the contrary, when there are two (2) or more competing applications for inclusion on a particular TODS sign assembly the department shall award installation on the TODS sign assembly to the business from which the department first received a qualified application for the installation.
  2. If the department receives on the same day two (2) or more competing applications for a particular TODS sign, assembly and the competing applications qualify for participation in the TODS program, the department shall award installation on the TODS sign assembly to the business with the greatest eligibility distance.
  3. Once the TODS sign of a business has been installed on a particular TODS sign assembly, the business shall have the right to renew the TODS sign, notwithstanding the application and qualification of a business with a greater eligibility distance. This subsection (c) shall not apply if the business fails to comply with all applicable rules and regulations or fails to pay any applicable fees.
  4. No business shall be eligible to have a TODS sign on a particular TODS sign assembly if the business is greater than ten (10) miles from the TODS sign assembly. The mileage from the TODS sign to the business shall be placed on the TODS sign, unless two (2) or more businesses that offer similar activities, features or opportunities have a single sign on the TODS sign assembly.

Acts 1997, ch. 156, § 1.

Part 14
Road Planning

54-5-1401. Quarterly Status Report.

The commissioner of transportation shall report quarterly to the state building commission on the status of road projects as approved by the general assembly as part of the department of transportation's budget or otherwise. The status report shall include a current list of projects being planned, projects under construction, and anticipated starting dates for projects not yet underway. In addition, the commissioner shall report other information that may be requested from time to time by the commission.

Acts 1999, ch. 288, § 2.

Collateral References. Highways 1 et seq.

54-5-1402. Right-of-way acquisitions requiring special approval.

Notwithstanding any other law to the contrary, proposed payment shall be approved by the commissioner of finance and administration and the comptroller of the treasury:

  1. If the property is proposed for acquisition for right-of-way under the authority of this chapter;
  2. If:
    1. The appraised value of a parcel of land along the right-of-way exceeds one hundred thousand dollars ($100,000); or
    2. The appraised value of all parcels of land owned by any one (1) person, family or entity along the right-of-way exceeds one hundred thousand dollars ($100,000); and
  3. If the department proposes to pay more than ten percent (10%) above the current appraised value.

Acts 1999, ch. 288, § 3.

54-5-851. Purpose.

Chapter 6
Public-Private Transportation Act

54-6-101. Short title.

This chapter shall be known and may be cited as the “Public-Private Transportation Act of 2016”.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates. Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

54-6-102. Chapter definitions.

As used in this chapter:

  1. “Affected jurisdiction” means any county or municipality in which all or a portion of a qualifying transportation facility is located;
  2. “Availability payments” means payments by a public entity to an eligible private entity in connection with the development, redevelopment, or operation of a qualifying transportation facility pursuant to a service contract or comprehensive agreement;
  3. “Comprehensive agreement” means the comprehensive agreement between the eligible private entity and the responsible public entity required by § 54-6-110;
  4. “Consortium” means an organization, association, or other entity comprised of one (1) or more private entities and established for the purpose of entering into a public-private initiative under this chapter;
  5. “Department” means the department of transportation;
  6. “Develop” or “development”:
    1. Means the entire process of bringing a transportation facility to completion or expanding an existing transportation facility for additional capacity; and
    2. Includes planning, research, feasibility analysis, environmental evaluation, preliminary engineering, designing, acquisition of rights-of-way, relocation of utilities, permitting, environmental mitigation, contracting, financing, and construction;
  7. “Eligible private entity”:
    1. Means the private entity that is responsible for development, redevelopment, or operation, or a combination of such activities, of a qualifying transportation facility; and
    2. Includes a consortium;
  8. “Interim agreement” means an agreement, including a memorandum of understanding or binding preliminary agreement, between the private entity and the responsible public entity that provides for completion of studies and any other activities to advance the development, redevelopment, or operation, or any combination of these activities, of a qualifying transportation facility;
  9. “Operate” or “operation”:
    1. Means any activity associated with the management, operation, and maintenance of a completed transportation facility; and
    2. Includes installing, repairing, or replacing equipment; maintenance, repair, or improvement of the transportation facility; the payment of debt service on bonds, loans, federal credit enhancements, private placements, amounts payable under hedging agreements and ancillary agreements and other costs related to the agreements; the payment of dividends; the payment of salaries, benefits, and other costs of employees or employment necessary to the development, redevelopment, or operation of transportation facilities; the collection of user fees and the payment of costs of operation and debt service; and contracting or administering contracts related to, and the financing of, any activity under this subdivision (9);
  10. “Private entity” means any natural person, corporation, limited liability company, partnership, joint venture, or other private business entity;
  11. “Proprietary” in regard to information, means commercial or financial information that is used either directly or indirectly in the business of any private entity submitting information to a responsible public entity under this chapter, and that gives the private entity an advantage or an opportunity to obtain an advantage over competitors who do not know or use such information, or information that, the release of which, would compromise the negotiating positions of the public or private entities, which information includes trade secrets;
  12. “Public entity”:
    1. Means this state or any county or municipality; any agency or authority of this state or of a county or municipality; and any authority, board, district, instrumentality, or other entity created pursuant to the laws of this state or created by this state or by one (1) or more counties or municipalities; and
    2. Includes a local transit authority, metropolitan planning organization, or regional transportation authority;
  13. “Public-private initiative” means a contractual arrangement between the responsible public entity and one (1) or more private entities, the terms of which are stated in a public-private agreement, that provides for:
    1. Acceptance of a private equity contribution, including a money payment, for the right to develop, redevelop, or operate a project or to provide service for a qualified transportation facility;
    2. Sharing of resources and the means of providing a project or service for a transportation facility; or
    3. Cooperation in developing, redeveloping, and operating projects or services for a transportation facility;
  14. “Qualifying transportation facility” means one (1) or more transportation facilities developed, redeveloped, or operated by a private entity pursuant to this chapter;
  15. “Redevelop” or “redevelopment” means the process of replanning, reconstructing, or redesigning a transportation facility, including acquisition, clearance, development, or disposal, or any combination of these activities, of a transportation facility;
  16. “Responsible public entity” means a public entity that has the power to develop, redevelop, or operate the applicable transportation facility;
  17. “Revenues”:
    1. Means all revenues derived from and on account of, or generated by, a qualifying transportation facility, directly or indirectly, and any revenues paid, contributed, or pledged to an eligible private entity by a public entity pursuant to law, agreement, or otherwise; and
    2. Includes user fees; availability payments; milestone payments; progress payments; capital contributions; income; earnings; lease payments; allocations; federal, state, regional, and local appropriations or the appropriations or other funds available to a public entity; bond proceeds; equity investments; and money received as grants or otherwise from the federal government or from any public entity in aid of the facility;
  18. “Service contract” means a contract entered into pursuant to § 54-6-111;
  19. “Transportation facility” means any mass transit system intended for shared passenger transport services to the general public, together with any building, structure, appurtenance, utility, transport support facility, transport vehicles, service vehicles, parking facility, or any other facility, structure, vehicle or property needed to operate the transportation facility or provide connectivity for the transportation facility to any other non-mass transit system transportation infrastructure including, but not limited to, interstates, highways, roads, streets, alleys, and sidewalks; and
  20. “User fees” means the rates, fees, or other charges imposed by the eligible private entity of a qualifying transportation facility for use of all or a portion of the qualifying transportation facility.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

54-6-103. Public need for transportation facilities — Investment and transportation financing — Liberal construction.

  1. The general assembly finds that:
    1. There is a public need for timely development, redevelopment, and operation of transportation facilities within this state;
    2. Such public need may not be wholly satisfied by existing ways in which transportation facilities are developed, redeveloped, or operated; and
    3. Authorizing private entities to develop, redevelop, and operate one (1) or more transportation facilities may result in the development, redevelopment, and operation of transportation facilities in a more timely or less costly fashion, which serves the public safety and welfare.
  2. An action, other than the approval of the responsible public entity under § 54-6-105, shall serve the public purpose of this chapter if the action facilitates the timely development, redevelopment, or operation of a qualifying transportation facility or the continued development, redevelopment, or operation of a qualifying transportation facility.
  3. Investment in this state by private entities that facilitates the development, redevelopment, and operation of transportation facilities is encouraged. Transportation financing shall be expanded and accelerated to improve and add to the convenience of the public, in such a manner that public and private entities shall have the greatest possible flexibility in contracting with each other for the provision of the public services that are the subject of this chapter.
  4. This chapter shall be liberally construed in conformity with the purposes of this chapter.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

54-6-104. Selection of private entity.

The requirements for purchasing of, and contracting for, goods and services by a public entity as provided in title 6 and title 12, chapter 3 shall not apply to this chapter; provided, that the responsible public entity shall objectively and competitively select a private entity with which to enter into a public-private initiative in accordance with the guidelines adopted by the responsible public entity and as provided in § 54-6-106 for solicited and unsolicited proposals.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

54-6-105. Approval process.

  1. No private entity may develop, redevelop, or operate a transportation facility under this chapter without first obtaining approval of, and entering into a comprehensive agreement with, the responsible public entity pursuant to this section and § 54-6-110. The private entity may initiate the approval process by requesting approval pursuant to subsection (b).
  2. To request approval from the responsible public entity, the private entity shall provide the following material and information with respect to the transportation facility that the private entity proposes to develop, redevelop, or operate as a qualifying transportation facility:
    1. A topographic map (1:2,000 or other appropriate scale) indicating the location of the transportation facility;
    2. A description of the transportation facility, including the conceptual design of the facility and all proposed interconnections with other transportation facilities;
    3. The projected cost of the transportation facility and the proposed date for the beginning of development, redevelopment, and operation of the transportation facility;
    4. If applicable, a statement setting forth the method by which the private entity proposes to assist in securing all property interests required for the transportation facility, if any, including:
      1. The current owners and operators of the property needed for the transportation facility;
      2. The nature of the interest in the property to be acquired; and
      3. Any property that the responsible public entity is expected to be requested to condemn;
    5. Information relating to the current transportation plans, if any, of the state, region, and each affected jurisdiction, including information on how the proposed development, redevelopment, and operation of the transportation facility will address the needs of such plans by improving safety, reducing congestion, increasing capacity, enhancing economic efficiency, or any combination thereof;
    6. A list of all permits and approvals required for development, redevelopment, and operation of the transportation facility from local, state, or federal agencies and a projected schedule for obtaining the permits and approvals;
    7. A list of public utility facilities, if any, that will be crossed by the transportation facility and a statement of the plans of the private entity to accommodate such crossings;
    8. A statement setting forth the private entity's general plans for development, redevelopment, or operation of the transportation facility;
    9. A statement of the risks, liabilities, and responsibilities to be transferred or assigned to, or assumed by, the private entity for the development, redevelopment, or operation of the transportation facility, including revenue risk and any operation and maintenance; and
    10. Such additional material and information as the responsible public entity may reasonably request.
    1. If the proposed development, redevelopment, or operation of the transportation facility will utilize, connect to, interconnect with, or cross over the private property on which an existing transportation facility is located, then the private entity shall notify the existing transportation facility of its request for approval within fifteen (15) days of the private entity submitting its request for approval by furnishing written notice to the registered agent of the existing transportation facility on file with the secretary of state with the following information to the owner and operator of the existing transportation facility: a topographic map (1:2,000 or other appropriate scale) indicating the location of the proposed development, redevelopment, or operation; a description of the proposed development, redevelopment, or operation, including the conceptual design of the transportation facility and all proposed interconnections with, utilizations of, connections to, and crossings over the existing transportation facility; a statement of the plans of the private entity to accommodate the interconnections with, utilizations of, connections to, and crossings over the existing transportation facility; and a statement setting forth the private entity's general plans for the proposed development, redevelopment, or operation. No proprietary information, which is confidential pursuant to § 54-6-107, shall be furnished to the owner and operator of the existing transportation facility. The existing transportation facility may submit comments relating to the proposed development, redevelopment, or operation of the transportation facility to the responsible public entity within thirty (30) days after receiving a written notice from the private entity.
    2. The responsible public entity shall notify each affected jurisdiction that is not a responsible public entity of its receipt of a request for approval by furnishing a copy of the request to the governing body of the affected jurisdiction; except, that no proprietary information, which is confidential pursuant to § 54-6-107, shall be furnished to the affected jurisdiction. Each affected jurisdiction may submit comments relating to a proposed qualifying transportation facility to the responsible public entity within sixty (60) days after receiving a request for comments from the responsible public entity and indicate whether the facility will address the needs identified in the appropriate state, regional, or local transportation plan.
    1. Any request for approval submitted to the department shall also be submitted to and reviewed by the fiscal review committee of the general assembly pursuant to subdivisions (d)(2)-(4) prior to the department receiving, considering, evaluating, and accepting proposals from a private entity pursuant to § 54-6-106.
    2. The fiscal review committee shall have twenty (20) business days from receipt of request for approval to comment on the request.
    3. After this twenty-day period, the private entity may proceed to submit a proposal to the department pursuant to § 54-6-106.
    4. The fiscal review committee shall be provided a copy of the private entity's request for approval, including a description of the transportation facility, the projected cost and financial structure of the transportation facility, any impact on the debt capacity of the state, the proposed date for the beginning of development, redevelopment, and operation of the transportation facility, information relating to the current transportation plans, if any, of the state, region, and each affected jurisdiction, and any other information as may be requested by the committee; provided, that no proprietary information, which is confidential pursuant to § 54-6-107, shall be provided to the fiscal review committee.
  3. The responsible public entity may grant approval if it determines that the proposed development, redevelopment, or operation of the transportation facility pursuant to this chapter serves the public interest. The responsible public entity may determine that the proposed development, redevelopment, or operation of the transportation facility serves the public interest for purposes of this subsection (e) if:
    1. There is a public need for the transportation facility of the type the private entity proposes to operate as a qualifying transportation facility;
    2. Proceeding with the development, redevelopment, or operation of the transportation facility pursuant to this chapter is more beneficial than proceeding through other means of procurement available to the responsible public entity under title 6 or title 12, chapter 3;
    3. The proposed development, redevelopment, or operation provides sufficient benefits to the public when compared to substantially similar development, redevelopment, or operation of transportation facilities by the responsible public entity;
    4. Any revenue risk will be transferred to the private entity and any such transfer of revenue risk will be mitigated through provisions in the interim or comprehensive agreement;
    5. The qualified transportation facility contains a low or medium level of project delivery risk; provided, that if the facility contains a high level of project delivery risk, the facility serves the public interest for purposes of this subsection (e) if, in addition to meeting the other requirements of this subsection (e), the risks, liabilities, or responsibilities will be transferred or assigned to, or assumed by, the private entity in the event that issues arise with the development, redevelopment, or operation of the qualifying transportation facility;
    6. The risks, liabilities, and responsibilities transferred or assigned to, or assumed by, the private entity provide sufficient benefits to the public to not proceed with the development, redevelopment, or operation of the transportation facility through other means of procurement available to the responsible public entity under title 6 or title 12, chapter 3;
    7. The transportation facility and the proposed interconnections with existing transportation facilities are compatible with the existing transportation plan for the state, region, and affected jurisdictions;
    8. The estimated cost, choice of technology, developing, redeveloping, or operation plans, and proposed manner of financing the development, redevelopment, or operation are reasonable;
    9. The private entity's plans will result in the timely development, redevelopment, and operation of the transportation facility or their more efficient operation; and
    10. The private entity proposing the development, redevelopment, or operation is technically, managerially, and financially viable to carry out the proposal.
  4. For any project with an estimated cost of over fifty million dollars ($50,000,000), the responsible public entity also shall require the private entity to pay the costs for an independent audit of any and all cost estimates associated with the private entity's proposed development, redevelopment, or operation, as well as a review of all public costs and potential liabilities to which taxpayers could be exposed, including improvements to other transportation facilities that may be needed as a result of the proposed development, redevelopment, or operation, failure by the private entity to reimburse the responsible public entity for services provided, and potential risk and liability in the event the private entity defaults on the comprehensive agreement or on bonds issued for the project. This independent audit shall be conducted by an independent consultant selected by the responsible public entity, and all such information from the review shall be subject to public disclosure pursuant to § 10-7-503 or any other law; except, that no proprietary information, which is confidential pursuant to § 54-6-107, shall be subject to public disclosure.
  5. In connection with granting the approval, the responsible public entity shall set forth any reports that the private entity needs to file if the information or materials filed with the request change. Except for these reports, the private entity shall not be required to update the information or materials filed with the request.
  6. The responsible public entity may charge a reasonable fee to cover the costs of processing and reviewing a request for approval and may charge a reasonable annual fee to cover the costs of the performance of its duties under this chapter.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates. Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

Cross-References. Confidentiality of public records, § 10-7-504.

54-6-106. Solicitation and acceptance of proposal for transportation facility — Solicitation and selection of private entity.

  1. A responsible public entity may solicit, receive, consider, evaluate, and accept a proposal for a qualifying transportation facility.
  2. In soliciting and selecting a private entity with which to enter into a public-private initiative, the responsible public entity may utilize one (1) or more of the following procurement approaches:
    1. Competitive sealed bidding;
    2. Competitive selection of proposals, based on qualifications, best value, or both; or
    3. Any other competitive selection process that the responsible public entity determines to be appropriate or reasonable and in the best interest of the public.
  3. The responsible public entity may select multiple private entities with which to enter a public-private initiative for a transportation facility if it serves the public purpose of this chapter.
    1. The responsible public entity may receive, consider, evaluate, and accept an unsolicited proposal for a public-private initiative if the proposal:
      1. Is independently originated and developed by the proposer;
      2. Benefits the public; and
      3. Includes sufficient detail and information for the responsible public entity to evaluate the proposal in an objective and timely manner.
    2. Within sixty (60) days after receiving an unsolicited proposal, the responsible public entity shall undertake a preliminary evaluation of the unsolicited proposal to determine if the proposal complies with the requirements under subdivision (d)(1).
    3. If the unsolicited proposal does not comply with subdivision (d)(1), the responsible public entity shall return the proposal without further action and return any fees paid by the private entity.
    4. If the unsolicited proposal complies with subdivision (d)(1), the responsible public entity may continue to evaluate the proposal in accordance with this section; provided, that the responsible public entity shall advertise the unsolicited proposal pursuant to subdivision (d)(5) for the purpose of receiving competitive proposals for the same proposed transportation facility.
    5. The advertisement shall outline the general nature and scope of the unsolicited proposal, including the location of the transportation facility and the work to be performed on or in connection with the transportation facility and shall specify an address to which a competing proposal may be submitted. The advertisement shall specify a reasonable time period of not less than ninety (90) days by which competitors must submit a competing proposal to the responsible public entity.
    6. The responsible public entity shall:
      1. Determine if any competing proposal is comparable in nature and scope to the original unsolicited proposal;
      2. Evaluate the original unsolicited proposal and any comparable competing proposal; and
      3. Conduct any good faith discussions and, if necessary, any negotiations concerning each qualified proposal.
    7. After evaluating the unsolicited proposal and any competing proposals, the responsible public entity may:
      1. Accept the unsolicited proposal and reject any competing proposals;
      2. Reject the unsolicited proposal and accept a comparable competing proposal if the responsible public entity determines that the comparable competing proposal is the most advantageous to this state or the affected jurisdiction;
      3. Accept both an unsolicited proposal and a competing proposal if accepting both proposals is advantageous to this state or the affected jurisdiction; or
      4. Reject the unsolicited proposal and any competing proposals and return any remaining fees paid by the private entities.
  4. The responsible public entity may charge a reasonable fee to cover its costs to process, review, and evaluate a solicited or unsolicited proposal and any competing proposals.
  5. In evaluating and selecting a solicited or unsolicited proposal and any comparable competing proposal to enter into a public-private initiative, the responsible public entity shall consider whether the transportation facility is compatible with the existing transportation plan for the state, region, and affected jurisdictions.
  6. In evaluating and selecting a solicited or unsolicited proposal and any comparable competing proposal to enter into a public-private initiative, the responsible public entity may consider the following factors:
    1. The ability of the transportation facility to improve safety, reduce congestion, increase capacity, and promote economic growth;
    2. The proposed cost of and financial plan for the transportation facility;
    3. The general reputation, qualifications, industry experience, and financial capacity of the private entity;
    4. The proposed design, operation, and feasibility of the transportation facility;
    5. Comments from citizens within affected jurisdictions;
    6. Benefits to the public;
    7. The safety record of the private entity;
    8. Novel methods, approaches, or concepts demonstrated by the proposal;
    9. Scientific, technical, or socioeconomic merits of the proposal;
    10. Potential contribution of the proposal to the responsible public entity's mission;
    11. Capabilities, related experience, facilities, or techniques of the private entity or unique combinations of these qualities that are integral factors for achieving the proposal objectives;
    12. Qualifications, capabilities, and experience of the proposed principal investigator, team leader, or key personnel, who are critical to achieving the proposal objectives;
    13. Comments of the owners and operators of existing transportation facilities; and
    14. Other criteria that the responsible public entity deems appropriate.
  7. The responsible public entity shall return any remaining fees paid by a private entity for any proposal that is rejected.
  8. Section 54-6-107 shall apply to any unsolicited proposal or competing proposal that is rejected.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

54-6-107. Confidentiality of proposals — Proprietary information.

  1. All solicited and unsolicited proposals received by the responsible public entity pursuant to § 54-6-106, and any documents used by the responsible public entity to evaluate and accept or reject the proposals, shall remain confidential and not subject to disclosure to any proposer, affected jurisdiction, or to the public under § 10-7-503 or other law until after the responsible public entity selects a proposal to enter into a public-private initiative; except, that, at all times under this chapter, proprietary information and all solicited and unsolicited proposals that are withdrawn by a private entity shall remain confidential and not subject to disclosure to any proposer, affected jurisdiction, or to the public pursuant to this subsection (a), § 10-7-503, or any other law.
    1. A private entity may request a review, prior to submission of a solicited or unsolicited proposal, by the responsible public entity of information that the private entity has identified as proprietary.
    2. A private entity may identify proprietary information submitted as part of a solicited or unsolicited proposal. A private entity shall have an opportunity to object to the release of any information it identifies as proprietary.
    3. The responsible public entity shall review any information identified as proprietary by a private entity as part of a solicited or unsolicited proposal and shall determine if such information is confidential under subsection (a).
    4. The responsible public entity shall inform the private entity that submitted the information of its determination of whether information identified by the private entity as proprietary is confidential under subsection (a).
    5. The private entity shall have the opportunity to object to the determination that the information is subject to disclosure or to amend or withdraw its proposal.
    6. Any information determined by the responsible public entity to be proprietary shall be exempt from disclosure under § 10-7-503.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

Cross-References. Confidentiality of public records, § 10-7-504.

54-6-108. Comprehensive agreement.

  1. After selecting an eligible private entity with which to enter a public-private initiative for a transportation facility pursuant to § 54-6-106, the responsible public entity may enter into the comprehensive agreement with the eligible private entity.
  2. In connection with entering into the comprehensive agreement, the responsible public entity shall establish a date for the beginning of development, redevelopment, or operation of the qualifying transportation facility. The responsible public entity may extend the date from time to time.
  3. If a comprehensive agreement is entered into pursuant to this section, the private entity shall furnish reasonably adequate service and facilities to, and may charge reasonable user fees to, any persons desiring to use the transportation facilities; provided, that the user fees shall be charged uniformly for the use of the transportation facilities by persons using the facilities under like conditions and shall comply with applicable federal law.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

54-6-109. Interim agreement.

  1. Prior to or in connection with the negotiation of the comprehensive agreement, the responsible public entity may enter into an interim agreement with the private entity proposing the development, redevelopment, or operation of the qualified transportation facility or facilities. The interim agreement may:
    1. Permit the private entity to commence activities for which it may be compensated relating to the proposed qualifying transportation facility, including project planning and development, advance right-of-way acquisition, design and engineering, environmental analysis and mitigation, survey, conducting transportation and revenue studies, and ascertaining the availability of financing for the proposed facility or facilities;
    2. Establish the process and timing of the negotiation of the comprehensive agreement; and
    3. Contain any other provisions related to any aspect of the development, redevelopment, or operation of a qualifying transportation facility that the parties may deem appropriate.
  2. Notwithstanding anything to the contrary in this chapter, a responsible public entity may enter into an interim agreement with multiple private entities if the responsible public entity determines in writing that it serves the public purpose of this chapter to do so.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

54-6-110. Comprehensive agreement prior to development, redevelopment, or operation of transportation facility.

  1. Prior to developing, redeveloping, or operating the qualifying transportation facility, the eligible private entity shall enter into a comprehensive agreement with the responsible public entity. The comprehensive agreement shall provide for:
    1. Delivery of performance and payment bonds that comply with § 54-5-119(a) or letters of credit in connection with any development or redevelopment of the qualifying transportation facility, and bonds, letters of credit, or other forms of security for any operation of the qualifying transportation facility, in the forms and amounts satisfactory to the responsible public entity;
    2. Review of plans for the development, redevelopment, and operation of the qualifying transportation facility by the responsible public entity and approval by the responsible public entity if the plans conform to the standards of the responsible public entity;
    3. Inspection of development, redevelopment, or operation of the qualifying transportation facility by the responsible public entity to ensure that the development, redevelopment, or operation conforms to the engineering and other standards acceptable to the responsible public entity;
    4. Maintenance by the private entity of a policy or policies of public liability insurance of which copies shall be filed with the responsible public entity accompanied by proofs of coverage, or self-insurance, in such form and amount satisfactory to the responsible public entity and reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying transportation facility;
    5. Monitoring of the maintenance practices of the private entity by the responsible public entity and the taking of such actions as the responsible public entity finds appropriate to ensure that the qualifying transportation facility is properly maintained;
    6. Filing of appropriate financial statements in a form acceptable to the responsible public entity on a periodic basis;
    7. The date of termination of the private entity's authority and duties under this chapter and dedication to the appropriate public entity;
    8. Any such user fees as may be established by agreement of the parties;
    9. Details on the payment mechanism and performance requirements; and
    10. The duties of the private entity under this chapter.
  2. The comprehensive agreement may contain:
    1. Other terms and conditions that the responsible public entity determines serve the public purpose of this chapter and to which the private entity and the responsible public entity mutually agree, including provisions regarding unavoidable delays or provisions providing for a loan of public funds for the development, redevelopment, or operation of one (1) or more qualifying transportation facilities;
    2. Provisions for the development, redevelopment, or operation of phases or segments of the qualifying transportation facility;
    3. Provisions under which the responsible public entity agrees to provide notice of default and cure rights for the benefit of the private entity and the persons specified in the agreement as providing financing for the qualifying transportation facility;
    4. Reimbursement to be paid to the responsible public entity for its cost to provide the services performed by the responsible public entity;
    5. Guaranteed cost and completion guarantees related to the development, redevelopment, and operation of the qualified transportation facility and payment of damages or election to forgo availability payments for failure to meet the completion guarantee; and
    6. The process for potential sharing or distributing of any earnings in excess of the maximum rate of return as negotiated in the comprehensive agreement.
  3. Any changes in the terms of the comprehensive agreement, as may be agreed upon by the parties, shall be added to the comprehensive agreement by written amendment.
  4. Notwithstanding this chapter to the contrary, a responsible public entity may enter into a comprehensive agreement with multiple private entities if the responsible public entity determines in writing that it serves the public purpose of this chapter to do so.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

54-6-111. Contract for development, redevelopment, or operation of transportation facility.

In addition to any authority otherwise conferred by law, any public entity may contract with an eligible private entity for the development, redevelopment, or operation of a qualifying transportation facility in exchange for availability payments and other consideration as such public entity may deem appropriate.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

54-6-112. Dedication of property.

Any public entity may dedicate any property in which it has an interest for public use as a qualified transportation facility if it finds that the dedication would serve the public purpose of this chapter. In connection with the dedication, the public entity may convey any interest that it has in the property, subject to the conditions imposed by general law, to the private entity, subject to this chapter, for such consideration as such public entity may determine. Such consideration may include the agreement of the private entity to develop, redevelop, or operate the qualifying transportation facility.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

54-6-113. Powers and duties of private entity.

  1. The eligible private entity shall have all power allowed by law generally to a private entity having the same form of organization as the eligible private entity. The eligible private entity shall have the power to develop, redevelop, and operate the qualifying transportation facility, impose user fees, and enter into service contracts in connection with the development, redevelopment, or operation of the facility in exchange for availability payments and other consideration without further approval by the general assembly; provided, that any state funds used for the purposes of this chapter shall be specifically appropriated by reference in the general appropriations act to the project or services for the qualifying transportation facility; provided, further, that the development, redevelopment, or operation of any project or qualifying transportation facility for which the department is the responsible public entity and for which toll revenue as defined in § 54-3-103 is collected, shall be subject to the requirements of § 54-3-102(b) that the project or facility be included in the department's transportation improvement program submitted to the general assembly and be subject to approval of the general assembly pursuant to the express provisions of the general appropriations act. Notwithstanding any other law to the contrary, the authority to develop, redevelop, and operate transportation facilities and to impose user fees as provided in this chapter shall apply to any portion of a transportation facility, whether constructed prior to, or on or after, October 1, 2016.
  2. The eligible private entity may own, lease, or acquire any other right to use or develop and operate the qualifying transportation facility.
  3. Any financing of the qualifying transportation facility may be in such amounts and upon such terms and conditions as may be determined by the eligible private entity; provided, that the eligible private entity may issue debt, equity, or other securities or obligations, enter into sale and leaseback transactions, and secure any financing with a pledge of, security interest in, or lien on, any or all of its property.
  4. In developing, redeveloping, or operating the qualifying transportation facility, the eligible private entity may:
    1. Make classifications according to reasonable categories for assessment of user fees in accordance with § 54-6-108(c); and
    2. With the consent of the responsible public entity, make and enforce reasonable policies to the same extent that the responsible public entity could have made policies with respect to a similar transportation facility.
  5. The eligible private entity shall:
    1. Develop, redevelop, or operate the qualifying transportation facility in a manner that meets the engineering and other standards of the responsible public entity for transportation facilities operated and maintained by the responsible public entity, in accordance with the comprehensive agreement;
    2. Keep the qualifying transportation facility open for use by the members of the public at all times after its initial opening upon payment of the applicable user fees and availability payments; provided, that the qualifying transportation facility may have reasonable hours of operation based on demand, and may be temporarily closed because of emergencies or, with the consent of the responsible public entity, to protect the safety of the public or for reasonable construction or maintenance procedures;
    3. Maintain, or provide by contract for the maintenance of, the qualifying transportation facility;
    4. File with the responsible public entity:
      1. Reports describing material contracts with affiliates of the eligible private entity;
      2. An accurate schedule of applicable user fees and availability payments charged for use of the qualifying transportation facility; and
      3. Any other information required by the responsible public entity; and
    5. Cooperate with the responsible public entity in establishing any interconnection with the qualifying transportation facility requested by the responsible public entity.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

54-6-114. Federal, state, or local assistance—Grants, milestone payments, or loans.

  1. The responsible public entity may take any action to obtain federal, state, or local assistance for a qualifying transportation facility that serves the public purpose of this chapter and may enter into any contracts required to receive such federal, state, or local assistance; provided, that any federal funds available to or received by the state and other state funds for the purposes of this chapter shall be subject to appropriation by the general assembly in accordance with § 54-6-113(a). The responsible public entity may determine that it serves the public purpose of this chapter for all or any portion of the costs of a qualifying transportation facility to be paid, directly or indirectly, from the proceeds of a grant or loan made by the federal, state, or local government.
  2. The responsible public entity may agree to make grants, milestone payments, or loans for the development, redevelopment, or operation of the qualifying transportation facility from amounts received from the federal government or other public entity. Prior to adoption by the responsible public entity of any action authorizing such grants, milestone payments, or loans, the public entity shall submit a plan of financing to the comptroller of the treasury or the comptroller's designee for approval. The comptroller of the treasury or the comptroller's designee may request any additional information as may be required to properly review the proposed plan of financing. The comptroller of the treasury or the comptroller's designee shall evaluate each plan of financing based on the plan's particular circumstances and shall approve the plan only if a determination is made that the repayment structure is in the public's interest.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

54-6-115. Termination of comprehensive agreement by public entity—Remedies.

  1. The responsible public entity may terminate a comprehensive agreement for a qualifying transportation facility:
    1. If a material default, as defined in the comprehensive agreement, in the performance of the eligible private entity's duties under the comprehensive agreement or under the service contract, if any, has occurred and is continuing;
    2. If development, redevelopment, or operation of the qualifying transportation facility has not begun by the date established by the responsible public entity as such date has been extended;
    3. For failure to provide reasonably adequate service and facilities at reasonable and uniform user fees as provided by this chapter; or
    4. For failure to comply with any order of a court of record.
  2. Prior to any termination of a comprehensive agreement, the responsible public entity shall give written notice to the eligible private entity and any person providing financing for the qualifying transportation facility, including any trustee or agent for any person providing financing. The eligible private entity and the persons providing financing for the qualifying transportation facility shall be entitled to a reasonable time period to cure the event that could lead to termination of the comprehensive agreement.
  3. Upon the termination of the comprehensive agreement, the responsible public entity may exercise any or all of the following remedies:
    1. The responsible public entity may elect to take over the transportation facility and in such case it shall succeed to all of the right, title, and interest in such transportation facility, subject to any liens on revenues previously granted by the eligible private entity to any person providing financing therefor and subject to subsection (d). Any liens on the real estate and tangible property comprising the transportation facility or facilities shall be deemed to be extinguished and shall be released on request if the responsible public entity takes over the qualifying transportation facility pursuant to this subsection (c);
    2. Any responsible public entity having the power of condemnation under applicable eminent domain law may exercise such power of condemnation to acquire the qualifying transportation facility. Nothing in this chapter shall be construed to limit the exercise of the power of condemnation by eminent domain by any responsible public entity against a qualifying transportation facility after termination of the comprehensive agreement. Any person that has provided financing for the qualifying transportation facility, and the eligible private entity, to the extent of the person's capital investment, may be entitled to certain compensation as set forth in the comprehensive agreement; or
    3. The responsible public entity may exercise all other rights and remedies which may be available to it at law or in equity.
  4. In the event the responsible public entity elects to take over a qualifying transportation facility pursuant to subdivision (c)(1), the responsible public entity may develop, redevelop, or operate the transportation facility, impose user fees for the use of the transportation facility, and comply with any service contracts as if it were the eligible private entity. Any revenues that are subject to a lien shall be collected for the benefit of, and paid to, secured parties, as their interests may appear, to the extent necessary to satisfy the eligible private entity's obligations to secured parties, including the maintenance of reserves, and such liens shall be correspondingly reduced and, when paid off, released. Before applying such payments to or for the benefit of secured parties, the responsible public entity may use revenues to pay current development, redevelopment, and operation costs of the transportation facility, including compensation to the responsible public entity for its services in operating and maintaining the qualifying transportation facility. Remaining revenues, if any, after all such payments have been made shall be paid to the eligible private entity over the time period that the comprehensive agreement would have been in effect had it not been terminated. The right to receive such payment, if any, shall be considered just compensation for the transportation facility or facilities.
  5. The full faith and credit and unlimited taxing power of the responsible public entity shall not be pledged to secure any financing of the eligible private entity by the election to take over the qualifying transportation facility. Assumption of development, redevelopment, or operation of the qualifying transportation facility shall not obligate the responsible public entity to pay any obligation of the eligible private entity from sources other than revenues.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

54-6-116. Power of condemnation by eminent domain.

  1. At the request of the eligible private entity, the responsible public entity may exercise any power of condemnation by eminent domain that it has under law for the purpose of acquiring any lands or estates or interests therein to the extent that the responsible public entity finds that such action serves the public purpose of this chapter. Any amounts to be paid in any such condemnation proceeding may be paid by the eligible private entity.
  2. Except as provided in subsection (a), until a comprehensive agreement has been terminated, the power of condemnation may not be exercised against a qualifying transportation facility.
  3. After the comprehensive agreement has been terminated, any responsible public entity having the power of condemnation under law may exercise such power of condemnation as provided by law.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

54-6-117. Crossing or relocation of facilities.

The eligible private entity and each public utility or other entity whose facilities are to be crossed or affected shall cooperate fully with the other in planning and arranging the manner of the crossing or relocation of the facilities. Any such entity possessing the power of condemnation is expressly granted such powers in connection with the moving or relocation of facilities to be crossed by the qualifying transportation facility or that must be relocated to the extent that such moving or relocation is made necessary or desirable by development, redevelopment, or operation of the qualifying transportation facility, which shall be construed to include development, redevelopment, or operation of temporary facilities for the purpose of providing service during the period of development, redevelopment, or operation. Should the eligible private entity and any such public utility or other entity not be able to agree upon a plan for the crossing or relocation, the responsible public entity may determine the manner in which the crossing or relocation is to be accomplished and any damages due arising out of the crossing or relocation. The responsible public entity may employ expert engineers who shall examine the location and plans for such crossing or relocation, hear any objections and consider modifications, and make a recommendation to the responsible public entity. In such a case, the cost of the experts is to be borne by the eligible private entity.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

54-6-118. Powers and jurisdiction of law enforcement officers — Access to transportation facility.

All law enforcement officers of the state and of each affected jurisdiction, shall have the same powers and jurisdiction within the limits of the qualifying transportation facility as are authorized in such respective areas of jurisdiction and such law enforcement officers shall have access to the qualifying transportation facility at any time for the purpose of exercising such powers and jurisdiction. This authority does not extend to the private offices, buildings, garages, and other improvements of the eligible private entity to any greater degree than the police power extends to any other private buildings and improvements.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

54-6-119. Termination dates of original permanent financing and comprehensive agreement.

The responsible public entity shall determine the date of termination of the original permanent financing and the comprehensive agreement. The responsible public entity may change or extend the termination dates to take into account any refinancing of the original permanent financing, including any refinancing for the purpose of expansion, or any early termination of the original permanent financing to the extent that such modification serves the public purpose of this chapter. Upon the termination of the comprehensive agreement, the authority and duties of the eligible private entity under this chapter shall cease, and the qualifying transportation facility shall be dedicated to the responsible public entity or, if the qualifying transportation facility was initially dedicated by an affected jurisdiction, to such affected jurisdiction for public use. Upon termination of the financing or comprehensive agreement, the responsible public entity may select another private entity pursuant to this chapter to provide the financing or complete the development, redevelopment, or operation of the qualifying transportation facility.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

54-6-120. Sovereign immunity not waived.

Nothing in this chapter constitutes a waiver of the sovereign immunity of the state or any other public entity with respect to the participation in, or approval of all or any part of the qualifying transportation facility or its operation, including interconnection of the qualifying transportation facility with any other transportation facility.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

54-6-121. Effect on other laws.

  1. Nothing in this chapter amends or repeals in any manner this title or other provisions of law relating to the development, redevelopment, or operation of transportation facilities, or title 6 or title 12, chapter 3, or other provisions of law relating to procurement of goods and services by the state or other public entity.
  2. This chapter supplements title 6 and title 12, chapter 3, and this title, to provide additional authority to procure and undertake the development, redevelopment, or operation of transportation facilities.
  3. Except as provided in § 54-6-113(a), nothing in title 6 or title 12, chapter 3, or this title, shall apply to the development, redevelopment, or operation of qualifying transportation facilities undertaken pursuant to the authority of this chapter.

Acts 2016, ch. 975, § 1.

Code Commission Notes.

Acts 2016, ch. 975, § 1 enacted a new chapter 23, but the chapter has been redesignated as chapter 6, by authority of the Code Commission.

Compiler's Notes. Acts 2016, ch. 975, § 2 provided that the commissioner of transportation is authorized to promulgate rules to effectuate the purposes of this act. All such rules shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates.  Acts 2016, ch. 975, § 4. October 1, 2016; provided that for the purpose of promulgating rules, the act took effect on April 27, 2016.

Chapter 7
Tennessee County Uniform Highway Law

Part 1
General Provisions

54-7-101. Short title.

This chapter shall be known and may be cited as the “Tennessee County Uniform Highway Law.”

Acts 1974, ch. 738, § 1; modified; T.C.A., § 54-1001.

Attorney General Opinions. County highway commission's duties, OAG 99-005 (1/25/99).

NOTES TO DECISIONS

1. Purpose.

The intent of the general assembly was to upgrade the roads program and as a part of that endeavor to establish minimum standards for persons seeking to hold the office of road engineer. State by Lockert v. Knott, 631 S.W.2d 124, 1982 Tenn. LEXIS 397 (Tenn. 1982).

Collateral References. Highways 90 et seq.

54-7-102. Applicability of chapter.

This chapter applies to all counties of the state, except for those excluded by Chapter 801 of the Public Acts of 1976, and counties with a charter or a metropolitan form of government, unless the charter of such county provides for the application of this chapter.

Acts 1974, ch. 738, §§ 17-19; 1976, ch. 513, § 1; 1976, ch. 556, § 1; 1976, ch. 801, § 1; 1977, ch. 193, § 1; 1979, ch. 234, § 1; T.C.A., § 54-1002; Acts 1980, ch. 548, § 1; 1980, ch. 881, § 1; 1981, ch. 180, § 2; 1982, ch. 954, § 1; 1991, ch. 293, § 1; 2012, ch. 689, § 1.

Compiler's Notes. Acts 1976, ch. 801 excluded “counties having a population of 200,000 or more persons according to the U.S. Census of Population of 1970, or any subsequent U.S. Census of Population, which counties function under a County Council or County Manager type government by either Private Act or by adoption of the provisions of Tennessee Code Annotated, Section 5-1501 et seq., or by the adoption of the provisions of any other law.”

Amendments. The 2012 amendment, effective January 1, 2013, rewrote this section which read: “(a) This chapter applies to all counties of the state, except those counties having populations of not less than two hundred thousand (200,000), according to the 1970 federal census or any subsequent federal census.“(b) However, all counties, except those of not less than two hundred thousand (200,000), shall be subject to and not be exempted from all amendments to this chapter as amended by the Public Acts of 1980.”

Effective Dates. Acts 2012, ch. 689, § 11. January 1, 2013.

54-7-103. “Chief administrative officer” defined.

For purposes of this chapter, “chief administrative officer” is defined as a county road superintendent, county road supervisor, director of public works, county engineer, or similar county highway official either elected or appointed pursuant to any general or private act of this state.

Acts 1974, ch. 738, § 2; T.C.A., § 54-1003.

Attorney General Opinions. County highway commission's duties, OAG 99-005 (1/25/99).

Highway commisioners as chief administrative officers, OAG 99-058 (3/10/99).

Multiple chief administrative officers, OAG 99-058 (3/10/99).

Cited: State ex rel. Leech v. Wright, 622 S.W.2d 807, 1981 Tenn. LEXIS 496 (Tenn. 1981); State by Lockert v. Knott, 631 S.W.2d 124, 1982 Tenn. LEXIS 397 (Tenn. 1982).

54-7-104. Tennessee highway officials certification board.

  1. There is created and established the Tennessee highway officials certification board, referred to as the “board,” which shall be composed of five (5) members as follows:
    1. One (1) member appointed by the secretary of state;
    2. One (1) member appointed by the director of the Tennessee Chapter of the American Public Works Association;
    3. One (1) member appointed by the governor from a list of nominees submitted by the representative professional engineering society of the state;
    4. One (1) member appointed by the comptroller of the treasury; and
    5. One (1) member appointed by the executive director of the Tennessee County Services Association.
  2. The board has and shall exercise the power to review the qualifications of all candidates for both elected and appointed positions as chief administrative officer of the highway department. Candidates for this office in counties where the position is filled by popular election shall file affidavits and other evidence the board requires with the board not later than fourteen (14) days prior to the qualifying deadline for candidates in the election. After review of the applicable qualifications and standards, the board shall certify to the coordinator of elections that a candidate's qualifications are acceptable prior to the candidate's name being placed on the ballot. The coordinator of elections shall forward the certification to the appropriate county election commission. A certificate of qualification from the board shall be filed with the candidate's qualifying petition prior to the qualifying deadline. Notwithstanding any law to the contrary, votes for write-in candidates, whether in a primary or general election, shall only be counted for an individual who has been certified by the board prior to the date of the election. Persons wishing to receive a party nomination or to be elected by write-in ballot must file with the board affidavits and other evidence the board requires not later than sixty-four (64) days prior to the election. Candidates for chief administrative officer of the highway department in counties where the position is appointed shall, prior to their appointment to the office, file with the board evidence satisfactorily demonstrating that they meet the qualifications to hold the office. However, in any county, pursuant to subsection (h), that has established by private act more stringent qualifications and standards than those set forth in subsection (g), and that has an appointed chief administrative officer, candidates shall submit evidence of their qualifications to the local appointing authority and shall not be required to submit evidence of their qualifications to the board.
  3. Members of the board shall serve for a term of four (4) years beginning with the term commencing on July 1, 2013. The appointee representing the secretary of state shall serve as chair of the board. Upon the death, resignation, or removal of any appointive member, a replacement shall be appointed by the party representing the same area of interest as the member whose position has been vacated to fill the unexpired term of the member.
  4. No chief administrative officer of a highway department shall be appointed to the board if that person may become subject to reelection or reappointment as a chief administrative officer during that person's term of service on the board.
  5. The board shall only meet as is necessary to fulfill its duties. All materials or correspondence submitted to the board shall be received through the office of the coordinator of elections, who shall forward the materials or correspondence to the board. The board shall keep complete and accurate records of the proceedings of all its meetings. A copy of records of all proceedings shall be kept on file in the office of the coordinator of elections and open to public inspection.
  6. Subject to the approval of the secretary of state, the board may promulgate rules to be followed by persons wishing to submit themselves for certification as qualified to seek the office of the chief administrative officer of the highway department. The board shall submit any promulgated rules pertaining to the qualifications for the office of chief administrative officer to the administrator of elections of each affected county election commission. The county election commission shall publish such rules in a local newspaper with general circulation in the county at least sixty (60) days before the qualifying deadline for either the primary or general election, or appointment by the legislative body of the county.
  7. In each county, in order to qualify for the office of the chief administrative officer of the highway department, a person shall:
    1. Be a graduate of an accredited school of engineering, with at least two (2) years of experience in highway construction or maintenance;
    2. Be licensed to practice engineering in Tennessee; or
    3. Have had at least four (4) years' experience in a supervisory capacity in highway construction or maintenance; or a combination of education and experience equivalent to subdivision (g)(1) or (g)(2), as evidenced by affidavits filed with the board.
  8. In no event shall the chief administrative officer have less than a high school education or a general equivalency diploma (GED). A county may, by private act, require more stringent qualifications and standards than those set forth in subsection (g) for persons to qualify for the office of the chief administrative officer of such highway department. Any county that establishes more stringent qualifications and standards by private act shall send a copy of such private act to the board.
  9. Incumbent chief administrative officers in office on December 31, 2012, who have met the qualifications for the office of chief administrative officer applicable to them in effect at the time of their last election shall be able to succeed themselves in office without meeting the qualifications set forth in this section for as long as such incumbents continuously hold office. If such incumbent leaves office for any reason and then subsequently is elected or appointed to the office of chief administrative officer, such incumbent shall then be subject to the qualifications set forth in this section.
  10. Satisfactory evidence of graduation from an accredited school of engineering shall be in the form of a diploma, transcript or other official documentation. Evidence of a candidate's engineering licensure shall only be deemed to be satisfied if the candidate can provide the board with a copy of the candidate's engineering license, including the candidate's license number. Any provision in this section requiring a chief administrative officer to have a high school diploma or GED shall only be deemed to be satisfied if the candidate can demonstrate that the candidate has obtained a high school diploma or its equivalent in educational training as recognized by the state board of education by providing the board with the candidate's diploma, GED certificate or other official documentation.
  11. A person may challenge whether a candidate has the required qualifications for chief administrative officer of the highway department, as identified in subsection (g); provided, that the challenge is filed in writing with the Tennessee highway officials certification board no later than twelve o'clock (12:00) noon, prevailing time, on the third day after the qualifying deadline, as determined under § 2-5-101(a) in counties where the position is filled by popular election. In counties where the position is appointed, the challenge must be filed by a deadline established by the local appointing authority.
  12. If a candidate's qualifications are challenged pursuant to subsection (k), the Tennessee highway officials certification board shall:
    1. Notify the candidate of the challenge;
    2. Review and verify the candidate's required qualifications, identified in subsection (g);
    3. Review and verify the candidate's required qualifications and standards under a county's private act, if applicable, pursuant to subsection (h); and
    4. If the Tennessee highway officials certification board determines the candidate does not possess the required qualifications for chief administrative officer of the highway department:
      1. Disqualify the candidate;
        1. In counties where the position is filled by popular election, notify the candidate and county election commission of its determination no later than twelve o'clock (12:00) noon, prevailing time, on the seventh day after the qualifying deadline, as determined under § 2-5-101(a); or
        2. In counties where the position is appointed, notify the candidate and local appointing authority of its determination prior to the appointment to office; and
      2. Request that the county election commission:
        1. Not print the candidate's name on any ballot; and
        2. Remove the candidate's name from any printed ballot.

Acts 1974, ch. 738, § 3; 1976, ch. 583, § 1; 1976, ch. 728, § 1; 1977, ch. 193, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1979, ch. 127, § 1; T.C.A., § 54-1004; Acts 1982, ch. 550, § 1; 1982, ch. 636, § 1; 1982, ch. 687, §§ 1, 2; 1983, ch. 39, § 1; 1983, ch. 113, § 1; 1983, ch. 360, § 1; 1986, ch. 695, § 1; 1987, ch. 61, § 1; 1987, ch. 340, § 1; 1989, ch. 77, §§ 1, 2; 1990, ch. 811, § 1; 1990, ch. 1015, §§ 1, 2; 1991, ch. 416, § 1; 1991, ch. 494, § 1; 1992, ch. 705, § 1; 1992, ch. 741, § 1; 1995, ch. 138, §§ 1, 2; 1997, ch. 205, §§ 1-7; 1998, ch. 653, § 1; 1999, ch. 67, § 1; 2001, ch. 193, §§ 1-3; 2012, ch. 689, § 2; 2016, ch. 604, § 1.

Amendments. The 2012 amendment, effective January 1, 2013, rewrote the section which read: “(a)(1) Subject to subdivision (a)(7), there is created and established the Tennessee highway officials certification board, referred to as the ‘board,’ which shall be composed of five (5) members as follows:“(A) One (1) member appointed by the secretary of state;“(B) One (1) member appointed by the director of the Tennessee chapter of the American Public Works Association;“(C) One (1) member appointed by the governor from a list of nominees submitted by the representative professional engineering society of the state;“(D) One (1) member appointed by the comptroller of the treasury; and“(E) One (1) member appointed by the executive director of the Tennessee county services association.“(2) The board has and shall exercise the power to review the qualifications of all candidates for both elected and appointed positions as chief administrative officer of the county or metropolitan government departments that build and maintain the roads of the county. Candidates for this office in counties where the position is filled by popular election shall file affidavits and other evidence the board requires with the board not later than fourteen (14) days prior to the qualifying deadline for candidates in the election. After review of the qualifications and the standards required for that county, the board shall certify to the coordinator of elections, who shall forward the certification to the appropriate county election commission, that a candidate's qualifications are acceptable prior to the candidate's name being placed on the ballot. A certificate of qualification from the board shall be filed with the candidate's qualifying petition prior to the qualifying deadline. Candidates for this office in the counties where the position is appointed shall also file evidence satisfactorily demonstrating that they meet the qualifications to hold the office with the board prior to appointment to the office.“(3) Members of the board shall serve for a term of two (2) years. The appointee representing the secretary of state shall serve as the chair of the board. Upon the death, resignation, or removal of any appointive member, a replacement shall be appointed by the party representing the same area of interest as the member whose position has been vacated to fill the unexpired term of the member. The terms of the members of the board shall begin on July 1, 1997.“(4) No chief administrative officer of a county or metropolitan highway department shall be appointed to the board if that person may become subject to reelection or reappointment as a chief administrative officer during that person's term of service on the board.“(5) The board shall only meet as is necessary to fulfill its duties. All materials or correspondence submitted to the board shall be received through the office of the coordinator of elections, who shall forward the materials or correspondence to the board. The board shall keep complete and accurate records of the proceedings of all its meetings, a copy of which shall be kept on file in the office of the coordinator of elections and open to public inspection.“(6) Subject to the approval of the secretary of state, the board may promulgate rules to be followed by persons wishing to submit themselves for certification as qualified to seek the office of the chief administrative officer of the county or metropolitan highway department. The board shall submit any promulgated rules pertaining to the qualifications for the office of chief administrative officer to the administrator of elections of each affected county election commission who shall publish the rules in a local newspaper with general circulation in the county at least sixty (60) days before the qualifying deadline for either the primary or general election, or appointment by the legislative body of the county.“(7) This subsection (a) and subdivision (b)(1)(A) shall not apply:“(A) In counties having a metropolitan form of government and a population in excess of one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census; or“(B) In counties having populations, according to the 1990 federal census or any subsequent federal census, of:not less than  nor more than 67,600 67,90080,000 83,000“(b)(1)(A) Except as provided in subdivisions (b)(1)(B) and (C), in each county of the state, in order to qualify for the office of the chief administrative officer of the county or metropolitan government departments that build and maintain the roads of the county, a person shall be a graduate of an accredited school of engineering, with at least two (2) years of experience in highway construction or maintenance or be licensed to practice engineering in Tennessee; or shall have had at least four (4) years' experience in a supervisory capacity in highway construction or maintenance; or a combination of education and experience equivalent to either of the above, as evidenced by affidavits filed with the Tennessee highway officials certification board. In no event shall the chief administrative officer have less than a high school education or a general equivalency diploma (GED).“(B)(i) This subsection (b) shall not apply to any chief administrative officer incumbent in office on April 5, 1974, or to any candidate for the office qualifying for or being elected to the office in 1974.“(ii) This subsection (b) shall not apply to chief administrative officers incumbent in office on February 6, 1976, in counties having a population of not less than fifty-six thousand two hundred (56,200) nor more than fifty-six thousand three hundred (56,300), according to the 1970 federal census or any subsequent federal census; furthermore, these incumbent officers may succeed themselves in office.“(iii) This subsection (b) shall not apply in counties having a population, according to the 1990 federal census or any subsequent federal census of:not less than  nor more than 6,700 6,9509,275 9,40027,500 27,750“(C)(i) Subdivision (b)(1)(C)(ii) shall apply:“(a ) In counties having a metropolitan form of government and a population in excess of one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census; or“(b ) In counties having populations, according to the 1990 federal census or any subsequent federal census, ofnot less than  nor more than 67,600 67,90080,000 83,000“(ii) In each county of the state, in order to qualify for the office of the chief administrative officer of the county or metropolitan government departments that build and maintain the roads of the county, a person shall be a graduate of an accredited school of engineering, with at least two (2) years of experience in highway construction or maintenance or be licensed to practice engineering in Tennessee; or shall have had at least four (4) years of experience in a supervisory capacity in highway construction or maintenance; or a combination of education and experience equivalent to either of the above, as evidenced by affidavits filed with the appointing authority or with the state coordinator of elections, when the chief administrator is an elected official. In no event shall the chief administrative officer have less than a high school education or a GED. In the case of elected officials, candidates shall file affidavits and other evidence the state coordinator of elections may require with the state coordinator of elections not later than fourteen (14) days prior to the qualifying deadline for candidates in the election. The state coordinator of elections shall certify to the county election commission that a candidate's qualifications are acceptable prior to the candidate's name being placed on the ballot, and the certificate of qualification shall be filed with a candidate's qualifying petition prior to the qualifying deadline. Subject to approval by the secretary of state, the state coordinator of elections may promulgate rules to be followed by persons wishing to submit themselves for certification as qualified to seek the office of chief administrative officer of the county highway department.“(2) The sole educational or experience qualification for the office of the chief administrative officer of the county or metropolitan government departments that build and maintain the roads of a county shall be a high school education or GED in counties having the following populations, according to the 1970 federal census or any subsequent federal census:not less than  nor more than 6,500 6,70012,350 12,400“(3) This subsection (b) shall not apply in any county having a population of not less than eight thousand six hundred fifty (8,650) nor more than eight thousand seven hundred fifty (8,750), according to the 1980 federal census or any subsequent federal census. In that county the qualifications for the chief administrative officer shall be at least four (4) years of experience in a supervisory capacity in highway construction or maintenance.“(4) This subsection (b) shall not apply to any county having a population of not less than fifteen thousand six hundred seventy-five (15,675) nor more than fifteen thousand seven hundred seventy-five (15,775), according to the 1980 federal census or any subsequent federal census.“(5) In any county having a population of not less than forty-four thousand five hundred (44,500) and not more than forty-five thousand (45,000), according to the 1990 federal census or any subsequent federal census, the sole educational or experience qualification for the office of chief administrative officer of the county or metropolitan government departments that build and maintain the roads of the county shall be a high school education or GED.“(6) In any county having a population of not less than twenty-six thousand one hundred (26,100) nor more than twenty-six thousand four hundred (26,400), according to the 1990 federal census or any subsequent federal census, if only one (1) candidate meeting the minimum qualifications in subdivision (a)(1) for chief administrative officer has filed to qualify for election to the office prior to the qualifying deadline or the only qualified candidate legally withdraws, then the county election commission shall extend the qualifying deadline for ten (10) days. During the ten-day period, a candidate who meets the minimum requirements of a high school education or a GED may qualify for election to the office of chief administrative officer of the county department that builds and maintains the roads of that county.“(7) In any county having a population of not less than thirty-seven thousand one hundred (37,100) nor more than thirty-seven thousand four hundred (37,400), according to the 2000 federal census or any subsequent federal census, the sole educational and experience qualification for the office of the chief administrative officer of the county department that builds and maintains roads of the county shall be a high school education or GED.“(c) Incumbent chief administrative officers on April 5, 1974, shall be able to succeed themselves in office without limitation as to the number of terms.“(d) Any provision in this section requiring a chief administrative officer to have a high school diploma or GED shall only be deemed to be satisfied if the candidate for office can demonstrate that the candidate has obtained a high school diploma or its equivalent in educational training as recognized by the state board of education.”

The 2016 amendment added (k) and (l ).

Effective Dates. Acts 2012, ch. 689, § 11. January 1, 2013.

Acts 2016, ch. 604, § 3. July 1, 2016.

54-7-105. Term of office.

Elected or appointed chief administrative officers shall serve a term of four (4) years. Elected chief administrative officers shall take office on September 1, following their election.

Acts 1974, ch. 738, § 4; 1978, ch. 721, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 54-1005; Acts 1980, ch. 548, § 2; 1980, ch. 637, § 1; 1980, ch. 669, §§ 1, 2; 2012, ch. 689, § 3.

Amendments. The 2012 amendment, effective January 1, 2013, rewrote the section, which read: “(a) Any chief administrative officer elected or appointed after April 5, 1974, shall serve for a term of four (4) years. Elected chief administrative officers shall take office on September 1, following their election.“(b) This section shall not apply in counties having populations of not less than thirty-five thousand four hundred fifty (35,450) nor more than thirty-five thousand four hundred seventy-five (35,475), according to the 1970 federal census or any subsequent federal census. This section shall not apply to counties with a metropolitan form of government.“(c) In counties having a population of not less than twenty-seven thousand seven hundred fifty (27,750) nor more than twenty-eight thousand two hundred (28,200), according to the 1970 federal census or any subsequent federal census, and having appointed chief administrative officers, the appointed chief administrative officers shall serve at the pleasure of the county governing body that appointed them; or the county legislative body or other county governing body may enter into a personal services contract with the appointed chief administrative officer, not to exceed a term of four (4) years.“(d) This section shall not apply to any counties having a population of not less than forty-seven thousand eight hundred seventy-one (47,871) nor more than forty-eight thousand (48,000), according to the 1970 federal census or any subsequent federal census.”

Effective Dates. Acts 2012, ch. 689, § 11. January 1, 2013.

54-7-106. Salary of chief administrative officer.

  1. In the event two (2) or more chief administrative officers are duly elected or appointed with equal duties, the compensation provided in this section shall be divided equally between them.
  2. The county legislative body of each county may at any time increase or decrease the salary of the chief administrative officer of the county highway department so long as the salary is maintained as specified in § 8-24-102.

Acts 1974, ch. 738, § 5; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 54-1006; Acts 1982, ch. 838, § 1; 1989, ch. 492, §§ 1-4; 1990, ch. 840, § 1; 1996, ch. 936, § 3.

Code Commission Notes.

According to the County Technical Assistance Service (Technical Bulletin 93-1), the following minimum salaries are in effect for county highway officials (except highway officials in Class 1 and 2 counties) July 1, 1993: 1990 population of 74,500-150,000 — $52,328; 50,000-74,500 — $49,557, except population of 67,300-67,600 according to the 1980 or subsequent census — $52,087; 23,300-50,000 — $42,478; 12,000-23,300 — $38,937; 5,500-12,000 — $33,628; 5,500 or less — $31,859, except Van Buren County — $30,487. The County Technical Service also stated that the County Uniform Highway Law provides that if two or more persons act as the chief administrative officer of the county highway department, the compensation amount above is equally divided between or among them. Effective September 1, 1990, the minimum salary of the county highway official is 10% greater than the salary of the trustee. Prior to September 1, 1993, if the trustee in a county draws compensation between the minimum and maximum rates, such county should contact the trustee to determine what the minimum salary in such county should be. However, effective September 1, 1993, all trustees will receive the maximum compensation.

According to the County Technical Assistance Service (Technical Bulletin 94-1), the following minimum salaries are in effect for county highway officials (except highway officials in Class 1 and 2 counties) July 1, 1994: 1990 population of 74,500-150,000 — $55,509; 50,000-74,500 — $52,570, except population of 67,300-67,600 according to the 1980 or subsequent census — $55,254; 23,300-50,000 — $45,060; 12,000-23,300 — $41,304; 5,500-12,000 — $35,673; 5,500 or less — $33,796, except Van Buren County — $32,340. The County Technical Service also stated that the County Uniform Highway Law provides that if two or more persons act as the chief administrative officer of the county highway department, the compensation amount above is equally divided between or among them. Effective September 1, 1990, the minimum salary of the county highway official is 10 percent greater than the salary of the trustee.

According to the County Technical Assistance Service (Technical Bulletin 96-1), the following minimum salaries are in effect for county highway officials (except Highway officials in Class 1 and 2 counties) July 1, 1996: 1990 population of 250,000 to 274,999 — $79,200; 225,000 to 249,999 — $75,900; 200,000 to 224,999 — $72,600; 175,000 to 199,999 — $69,300; 150,000 to 174,999 — $66,000; 125,000 to 149,999 — $59,395 (limited to 7% max. increase); 100,000 to 124,999 — $59,395 (limited to 7% max. increase); 65,000 to 99,999 — $57,750, except Wilson County — $56,250 (limited to 7% max. increase); 50,000 to 64,999 — $55,000; 35,000 to 49,999 — $48,215 (limited to 7% max. increase); 23,000 to 34,999 — $47,300; 12,000 to 22,999 — $42,900; 5,000 to 11,999 — $36,850; less than 5,000 — $34,100. The County Technical Service also stated that the county legislative body may set the salary of the chief administrative officer in an amount greater than the minimum salary noted above.

According to the County Technical Assistance Service (Technical Bulletin 97-1), the following minimum salaries are in effect for county highway officials (except Highway officials in Class 1 and 2 counties) July 1, 1997: 1990 population of 250,000 to 274,999 — $80,619; 225,000 to 249,999 — $77,319; 200,000 to 224,999 — $74,019; 175,000 to 199,999 — $70,719; 150,000 to 174,999 — $67,419; 125,000 to 149,999 — $63,553 (limited to 7% max. increase); 100,000 to 124,999 — $60,819; 65,000 to 99,999 — $59,169; 50,000 to 64,999 — $56,419; 35,000 to 49,999 — $50,919; 23,000 to 34,999 — $48,719; 12,000 to 22,999 — $44,319; 5,000 to 11,999 — $38,269; Less than 5,000 — $35,519. The County Technical Service also stated that the county legislative body may set the salary of the chief administrative officer in an amount greater than the minimum salary noted above (T.C.A. 8-24-102).

According to the County Technical Assistance Service (Technical Bulletin 98-1), the following minimum salaries are in effect for county highway officials (except Highway officials in Class 1 and 2 counties) July 1, 1998: 1990 population of 250,000 to 274,999 — $82,753; 225,000 to 249,999 — $79,453; 200,000 to 224,999 — $76,153; 175,000 to 199,999 — $72,853; 150,000 to 174,999 — $69,553; 125,000 to 149,999 — $66,253; 100,000 to 124,999 — $62,953; 65,000 to 99,999 — $61,303; 50,000 to 64,999 — $58,553; 35,000 to 49,999 — $53,053; 23,000 to 34,999 — $50,853; 12,000 to 22,999 — $46,453; 5,000 to 11,999 — $40,403; Less than 5,000 — $37,653. The County Technical Service also stated that the county legislative body may set the salary of the chief administrative officer in an amount greater than the minimum salary noted above; also, the increase for FY98-99 over FY97-98 is $2,134, except for the population class of 125,000 to 149,999, where the dollar increase is $3,553 (Seven percent cap phase-in).

As of July 1, 2001, county highway officials' minimum salaries were as follows: Counties with population of 400,000 and more — N/A; 275,000 to 399,999 — N/A; 250,000 to 274,999 — $85,585; 225,000 to 249,999 — $82,285; 200,000 to 224,999 — $78,985; 175,000 to 199,999 — $75,685; 150,000 to 174,999 — $72,385; 125,000 to 149,999 — $69,085; 100,000 to 124,999 — $65,785; 65,000 to 99,999 — $64,135; 50,000 to 64,999 — $61,385; 35,000 to 49,999 — $55,885; 23,000 to 34,999 — $53,685; 12,000 to 22,999 — $49,285; 5,000 to 11,999 — $43,235; Less than 5,000 — $40,485.

According to the figures procured from the County Technical Assistance Service website, the following minimum salaries for county highway officials are effective as of July 1, 2002: in counties having a 2000 population of: 400,000 and more — N/A; 275,000 to 399,999 — N/A; 250,000 to 274,999 — $87,400; 225,000 to 249,999 — $84,100; 200,000 to 224,999 — $80,800; 175,000 to 199,999 — $77,500; 150,000 to 174,999 — $74,200; 125,000 to 149,999 — $70,900; 100,000 to 124,999 — $67,600; 65,000 to 99,999 — $65,950; 50,000 to 64,999 — $63,200; 35,000 to 49,999 — $57,700; 23,000 to 34,999 — $55,500; 12,000 to 22,999 — $51,100; Less than 11,999 — $45,050.

According to the figures procured from the County Technical Assistance Service website, the following minimum salaries for county highway officials are effective as of July 1, 2003: in counties having a 2000 population of: 400,000 and more — N/A; 275,000 to 399,999 — N/A; 250,000 to 274,999 — $89,065; 225,000 to 249,999 — $85,765; 200,000 to 224,999 — $82,465; 175,000 to 199,999 — $79,165; 150,000 to 174,999 — $75,865; 125,000 to 149,999 — $72,565; 100,000 to 124,999 — $69,265; 65,000 to 99,999 — $67,615; 50,000 to 64,999 — $64,865; 35,000 to 49,999 — $59,365; 23,000 to 34,999 — $57,165; 12,000 to 22,999 — $52,765; Less than 11,999 — $46,715.

According to the figures procured from the County Technical Assistance Service website, as of July 1, 2005, and for the fiscal year 2005-2006, the following statutory salaries apply to county highway officials: 400,000 and more — N/A; 275,000 to 399,999 — N/A; 250,000 to 274,999 — $91,352; 225,000 to 249,999 — $88,052; 200,000 to 224,999 — $84,752; 175,000 to 199,999 — $81,452; 150,000 to 174,999 — $78,152; 125,000 to 149,999 — $74,852; 100,000 to 124,999 — $71,552; 65,000 to 99,999 — $69,902; 50,000 to 64,999 — $67,152; 35,000 to 49,999 — $61,652; 23,000 to 34,999 — $59,452; 12,000 to 22,999 — $55,052; Less than 12,000 — $49,002.

According to the figures procured from the County Technical Assistance Service website, as of July 1, 2006, and for the fiscal year 2006-2007, the following statutory salaries apply to county highway officials: 400,000 and more — N/A; 275,000 to 399,999 — N/A; 250,000 to 274,999 — $93,576; 225,000 to 249,999 — $90,276; 200,000 to 224,999 — $86,976; 175,000 to 199,999 — $83,676; 150,000 to 174,999 — $80,376; 125,000 to 149,999 — $77,076; 100,000 to 124,999 — $73,776; 65,000 to 99,999 — $72,126; 50,000 to 64,999 — $69,376; 35,000 to 49,999 — $63,876; 23,000 to 34,999 — $61,676; 12,000 to 22,999 — $57,276; Less than 12,000 — $51,226.

According to the figures procured from the County Technical Assistance Service website, as of July 1, 2007, and for the fiscal year 2007-2008, the following statutory salaries apply to county highway officials: 400,000 and more — N/A; 275,000 to 399,999 — N/A; 250,000 to 274,999 — $98,255; 225,000 to 249,999 — $94,790; 200,000 to 224,999 — $91,325; 175,000 to 199,999 — $87,860; 150,000 to 174,999 — $84,395; 125,000 to 149,999 — $80,930; 100,000 to 124,999 — $77,465; 65,000 to 99,999 — $75,732; 50,000 to 64,999 — $72,845; 35,000 to 49,999 — $67,070; 23,000 to 34,999 — $64,760; 12,000 to 22,999 — $60,360; Less than 12,000 — $54,310.

According to the figures procured from the County Technical Assistance Service website, as of July 1, 2008, and for the fiscal year 2008-2009, the following statutory salaries apply to county highway officials: 400,000 and more — N/A; 275,000 to 399,999 — N/A; 250,000 to 274,999 — $103,059; 225,000 to 249,999 — $99,425; 200,000 to 224,999 — $95,791; 175,000 to 199,999 — $92,156; 150,000 to 174,999 — $88,552; 125,000 to 149,999 — $84,887; 100,000 to 124,999 — $81,253; 65,000 to 99,999 — $79,436; 50,000 to 64,999 — $76,407; 35,000 to 49,999 — $70,350; 23,000 to 34,999 — $67,927; 12,000 to 22,999 — $63,527; Less than 12,000 — $57,477.

For the fiscal year county officials salary schedule, see the County Technical Assistance Service web site at  http://www.ctas.tennessee.edu.

Attorney General Opinions. Multiple chief administrative officers, OAG 99-058 (3/10/99).

54-7-107. Vacancies in office of chief administrative officer.

  1. If a vacancy occurs in the office of the chief administrative officer, a qualified successor shall be chosen in the manner specified by law.
  2. If the vacancy occurs as a result of death, resignation or removal of the chief administrative officer, then during the period of time from when the vacancy arises until the time that a qualified successor is chosen, the duties of the chief administrative officer shall be performed by the assistant superintendent of highways, chief foreman, administrative assistant or other highest ranking member of the office of the chief administrative officer, who shall be designated as an interim successor by the chief administrative officer of the county highway department. The chief administrative officer shall designate the interim successor, in writing, by either name or title or position held. The interim successor shall fulfill all duties of the office of chief administrative officer as prescribed by law.
  3. If the county in which the chief administrative officer serves is a county that has an elected highway commission, then the chief administrative officer shall file the written interim successor designation with the chair of the county highway commission and with the county clerk. If the county in which the chief administrative officer serves is a county that does not have an elected highway commission, then the chief administrative officer shall file the written interim successor designation with the chair of the county legislative body and with the county clerk.

Acts 1974, ch. 738, § 6; T.C.A., § 54-1007; Acts 2008, ch. 644, § 1.

Amendment Notes. The 2008 amendment added (b) and (c).

Effective Dates. Acts 2008, ch. 644, § 2. July 1, 2008.

54-7-108. Oath of office — Bond required.

Before entering into the discharge of official duties, the chief administrative officer shall take and subscribe to an oath in writing before the county clerk that the chief administrative officer will perform with fidelity the duties of the office of chief administrative officer, and shall enter into a bond of one hundred thousand dollars ($100,000) as set forth in § 54-4-103.

Acts 1974, ch. 738, § 7; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 54-1008.

54-7-109. Duties of chief administrative officer.

  1. The chief administrative officer shall be the head of the highway department and shall have general control over the location, relocation, construction, reconstruction, repair and maintenance of the county road systems of the county, including roads designated as county roads under § 13-3-406 and including bridges and ferries, but not including roads and bridges under the supervision of the department of transportation or a municipality.
  2. It is the duty of the chief administrative officer to employ qualified administrative personnel as required to handle all administrative functions, including maintenance of financial records, inventory of equipment, supplies, and materials, preservation of maintenance records, maintenance of the official county road list, and all other functions necessary for the operation of the highway department.
  3. The chief administrative officer is authorized to determine the total number of employees of the highway department, to determine personnel policies, hours of work, to establish job classifications, and to establish policies and wages within the classifications. The compensation established by the chief administrative officer should be in keeping with the compensation paid for similar services in the county and surrounding area.

Acts 1974, ch. 738, § 8; 1977, ch. 369, §§ 1, 2; modified; T.C.A., § 54-1009; Acts 1981, ch. 180, §§ 1, 3; impl. am. Acts 1981, ch. 264, § 12; Acts 2012, ch. 689, § 4.

Amendments. The 2012 amendment, effective January 1, 2013, rewrote (a) and (b), which read: “(a) The chief administrative officer, except in those counties with elected road commissioners or county councils wherein the general control and authority provided by this subsection (a) remains as provided by private or general act, shall be the head of the county highway department and shall have general control over the location, relocation, construction, reconstruction, repair and maintenance of the county road systems of the county, including roads designated as county roads under § 13-3-406, and including bridges and ferries, but not including roads and bridges under the supervision of the department of transportation; provided, that the county road system shall not include roads designated as county roads under  § 13-3-406 in counties having a population, according to the 1970 federal census or any subsequent federal census, of:not less than  nor more than 12,550 12,60013,600 13,70014,800 14,90060,250 60,350“(b) It is the duty of the chief administrative officer to employ a qualified secretary and other office personnel as required to handle all correspondence, maintain accurate records of receipts and expenditures, equipment, supplies, materials, maintenance performed, and other items necessary for the operation of the county highway department.”; and, in (c), deleted “county” preceding “highway department” in the first sentence, and substituted “the compensation paid” for “that paid” in the second sentence.

Effective Dates. Acts 2012, ch. 689, § 11. January 1, 2013.

Attorney General Opinions. Jurisdiction and Maintenance of County Roads in State Forests. OAG 15-50, 2015 Tenn. AG LEXIS 48  (6/8/15).

54-7-110. Employment of legal counsel.

  1. The chief administrative officer shall be empowered to employ legal counsel or to solicit the use of legal counsel retained by the county to prosecute or defend litigation caused by or necessary to the operation of the county highway department.
  2. [Deleted by 2012 amendment.]

Acts 1974, ch. 738, § 9; T.C.A., § 54-1010; Acts 2012, ch. 689, § 5.

Amendments. The 2012 amendment, effective January 1, 2013, deleted (b) which read: “In those counties with road commissioners or county councils, the general control and authority provided by this section for the chief administrative officer shall remain as provided by private or general act.”

Effective Dates. Acts 2012, ch. 689, § 11. January 1, 2013.

54-7-111. Annual work program — Priorities for proposed work.

  1. The chief administrative officer shall prepare and submit to the county legislative body and to the department of transportation an annual work program to be financed under the state-aid highway system program.
  2. The priorities for proposed work contained in the annual work program shall be established, taking into consideration the degree of deficiencies in the structural condition, capacity and safety of existing roadway, traffic volume and desirable level of service necessary for schools, religious institutions, industry, recreational facilities and other major uses.

Acts 1974, ch. 738, § 10; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 54-1011; Acts 1980, ch. 530, § 1; 1983, ch. 320, § 4; 2012, ch. 689, § 6.

Amendments. The 2012 amendment, effective January 1, 2013, in (a), substituted “shall prepare” for “shall have prepared” and deleted “or other governing body” following “county legislative body”.

Effective Dates. Acts 2012, ch. 689, § 11. January 1, 2013.

54-7-112. Safeguarding and inventory of machinery and equipment — Enforcement.

  1. The chief administrative officer has supervision and control over and is responsible for all the machinery, equipment, tools, supplies and materials owned or used by the county in the construction, reconstruction, repair and maintenance of the county roads and bridges. The chief administrative officer shall make or cause to be made a complete inventory of all machinery, equipment, tools, supplies, and materials, and file copies of the complete inventory with the county governing body, and the chief executive officer of the county within sixty (60) days after taking office, and thereafter a revised current inventory shall be submitted effective July 1 of each year. The revised inventory shall be submitted by September 1 of each year.
  2. All machinery, equipment and tools shall be plainly marked as the property of the county road department and each item shall be numbered and the number entered on the inventory filed by the chief administrative officer. It is the duty of the chief executive officer of the county to examine the inventories for compliance with this subsection (b), and upon the chief executive officer's determination that the inventory does not comply with the requirements of this chapter, the chief executive officer shall cause to be withheld from the chief administrative officer any funds due the chief administrative officer until the chief administrative officer complies with this subsection (b).
  3. The inventory filed by the chief administrative officer shall be maintained and made available to the comptroller of the treasury for audit purposes.

Acts 1974, ch. 738, § 11; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 54-1012; Acts 1980, ch. 473, § 1; 1995, ch. 179, §§ 16, 17.

Attorney General Opinions. County highway superintendent's duties, OAG 99-005 (1/25/99).

The responsibility of county highway departments to maintain and repair bridges in the county pertains to public bridges or to those that any and all members of the public have an absolute right to use, as distinguished from a permissive privilege as in a private passageway, OAG 01-080 (5/17/01).

54-7-113. Receipt and disbursement of funds — Public advertisement and competitive bidding — Chart of accounts.

  1. All funds received by any person for the county for road or highway purposes shall be promptly deposited with the county trustee and shall be expended only upon a disbursement warrant drawn on the trustee in accordance with law.
  2. Expenditures of funds for the operation of the county road department shall be made within the limits of the approved budget and the appropriations made for the department, in accordance with law.
    1. Except as provided in subdivision (c)(3), all purchases by or for a county road department or by a chief administrative officer shall be by public advertisement and competitive bid, except as follows:
      1. Purchases costing less than ten thousand dollars ($10,000); provided, that this exemption shall not apply to purchases of like items that individually cost less than ten thousand dollars ($10,000), but that are customarily purchased in lots of two (2) or more, if the total purchase price of the items would exceed ten thousand dollars ($10,000) during any fiscal year;
      2. Repair of heavy road building machinery or other heavy machinery for which limited repair facilities are available;
      3. Purchases of any supplies, materials, or equipment for immediate delivery in actual emergencies arising from unforeseen causes, including delays by contractors, delays in transportation, and unanticipated volume of work; but emergencies shall not include conditions arising from neglect or indifference in anticipating normal needs. A report of emergency purchases shall be kept, specifying each purchase, the amount paid, the items purchased, from whom the items were purchased, and the nature of the emergency; and
      4. All purchases costing less than ten thousand dollars ($10,000) by or for a county road department or by a chief administrative officer may be made in the open market without newspaper notice, but shall, wherever possible, be based on at least three (3) competitive bids.
    2. Except as provided in subdivision (c)(3), all leases or lease-purchase arrangements requiring payments of ten thousand dollars ($10,000) or more, or that are made or are automatically extendable, for periods of more than ninety (90) days, shall be entered into only after public advertisement and competitive bidding.
    3. This subsection (c) does not have the effect of repealing existing statutes, including private acts, that establish purchasing provisions for a county road department; but no county road department shall be required to publicly advertise and competitively bid purchases of ten thousand dollars ($10,000) or less even if the bids are now required by public or private act.
  3. A chart of accounts shall be kept by the chief administrative officer in conformity with a uniform chart of accounts developed and prescribed by the comptroller of the treasury in accordance with §§ 5-8-501 — 5-8-503.

Acts 1974, ch. 738, § 12; T.C.A., § 54-1013; Acts 1980, ch. 473, § 2; 1980, ch. 726, § 1; 1983, ch. 295, § 1; 1995, ch. 179, §§ 6-8; 2005, ch. 114, § 1; 2012, ch. 689, § 7.

Amendments. The 2012 amendment, effective January 1, 2013, deleted the former last sentence of (c) which read: “This subsection (c) shall apply to all counties of the state except counties of population of two hundred thousand (200,000) or more according to the 1970 federal census, whether or not excluded from this chapter.”

Effective Dates. Acts 2012, ch. 689, § 11. January 1, 2013.

54-7-114. [Repealed.]

Acts 1985, ch. 358, § 1; repealed by Acts 2012, ch. 689, § 8, effective January 1, 2013.

Compiler's Notes. Section 54-7-114 concerned road maintenance agreements with adjoining counties.

54-7-115. Authorization to receive materials, property, services, funds or supplies for benefit of county highway department — Road repairs by private persons and entities.

  1. A county highway department is authorized to receive materials, property, services, funds or supplies for the benefit of the county highway department, which materials, property, services, funds or supplies shall be used or disbursed in good faith in accordance with the terms or conditions of the donation or reimbursement. Funds so received shall be paid into the office of the county trustee, credited to the county highway fund and disbursed according to law as other funds of the county highway department.
  2. The county highway department may adopt a policy to authorize private persons or entities to repair county roads to bring a road damaged by that person or entity up to the condition or standard of the road previous to the damage caused by the private person or entity.

Acts 1990, ch. 765, § 1.

54-7-116. Authorization to sign contracts.

There is created a presumption of law that the chief administrative officer of each county highway department is authorized to sign agreements with the department of transportation on behalf of the county. Once an agreement is executed by the chief administrative officer of the county highway department for any county of the state, the agreement shall be fully binding upon the applicable county. The presumption of law may only be overcome by the provision of notice by the county legislative body that the chief administrative officer of the county highway department does not have the authority to execute these agreements on behalf of the county. The receipt of the notice shall be acknowledged by the department in order to overcome the presumption of law set forth in this section.

Acts 1995, ch. 263, § 1.

Attorney General Opinions. County highway superintendent's duties, OAG 99-005 (1/25/99).

Counties are authorized to enter into contracts with the state for the maintenance of roads inside state parks or state forests as long as the agreement provides that the county road department is to be reimbursed for the costs of such project, OAG 00-100 (5/24/00).

Part 2
Prohibited Acts — Penalties

54-7-201. Obstruction of roads, bridges and ditches — Penalty — Removal.

  1. The chief administrative officer is authorized to remove or cause to be removed any fence, gate, or other obstruction from the roads, bridges and ditches of the county and to clean out and clear all fences and ditches along or adjacent to the county roads.
  2. Any person who places or maintains an obstacle or obstruction upon the right-of-way of any county road and refuses to remove the obstacle or obstruction upon direction of the chief administrative officer to do so commits a Class C misdemeanor.
  3. It is a Class C misdemeanor to place or cause to be placed any obstruction upon the right-of-way or in the ditches along any county road except that transmission lines, telephone or telegraph lines or poles may be placed on and along the right-of-way of any county road under the direction and with the permission of the chief administrative officer.
  4. [Deleted by 2013 amendment.]
  5. Notwithstanding any law to the contrary, this section shall apply to all counties.

Acts 1974, ch. 738, § 13; T.C.A., § 54-1014; Acts 1989, ch. 591, § 113; 2012, ch. 689, § 9; 2013, ch. 472, § 3.

Amendments. The 2012 amendment, effective January 1, 2013, added (d) and (e).

The 2013 amendment deleted (d) which read: “Any person who injures or damages a bridge, highway, highway facility, highway structure or right-of-way shall be guilty of a Class C misdemeanor. Any such person shall also be liable in a civil action for the cost of such injury or damage.”

Effective Dates. Acts 2012, ch. 689, § 11. January 1, 2013.

Acts 2013, ch. 472, § 5. July 1, 2013.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Attorney General Opinions. County highway commission's duties, OAG 99-005 (1/25/99).

If the chief administrative officer determines that an object is an “obstruction,” the statute does not impose a duty on the chief administrative officer to remove that “obstruction,” OAG 00-072 (4/17/00).

Unless the owner cannot be located, notice by newspaper is insufficient to notify the owner of an object determined to be an obstruction of the chief administrative officer's decision to remove the object, OAG 00-072 (4/17/00).

T.C.A. § 54-7-201 does not impose a mandatory duty on a county's chief administrative officer to remove “obstructions,” but a county might be subject to liability under the Governmental Tort Liability Act if the county is aware of a potentially dangerous “obstruction,” OAG 00-072 (4/17/00).

If a county determines that an object within county right-of-way is an “obstruction,” the county may remove the “obstruction” without compensating the owner pursuant to the lawful exercise of its police power, OAG 00-072 (4/17/00).

NOTES TO DECISIONS

1. Liability for Failure to Remove.

Chief administrative officer, who had permissive rather than mandatory duty to clear and remove private obstructions that impair road traffic, was not liable under the Governmental Tort Liability Act, T.C.A. § 29-20-101 et seq., of failure to do so. Baker v. Seal, 694 S.W.2d 948, 1984 Tenn. App. LEXIS 3088 (Tenn. Ct. App. 1984).

Collateral References. Highways 153 et seq.

54-7-202. Private use of equipment and materials prohibited — Penalty — Work for governmental entities authorized.

  1. The chief administrative officer shall not authorize or knowingly permit the trucks or road equipment, the rock, crushed stone or any other road materials to be used for any private use or for the use of any individual for private purposes, and the chief administrative officer's failure to see that this subsection (a) is enforced is a Class C misdemeanor.
  2. Any employee of the county road department who uses any truck or any other road equipment or any rock, crushed stone or other road material for that employee's personal use, or sells or gives those things away, shall be immediately discharged.
  3. No truck or other road equipment or any rock, crushed stone or any road material shall be used to work private roads or for private purposes of owners of the roads.
  4. Neither the chief administrative officer nor any other official or employee of the county may use any county vehicle, equipment, supplies or road materials for other than official county road purposes; however, the county governing body has the authority to authorize the county road department to perform work for other governmental entities; provided, that the cost of the projects so authorized is to be reimbursed to the county road department.
  5. A violation of this section is a Class C misdemeanor. Each separate use of the same for other than authorized purposes constitutes a separate offense and  is subject to a separate punishment.
  6. Any person whose property is improved by having road material placed on the property in violation of this section shall be liable to suit for the value of the improvement. Any amounts recovered, including all legal fees and other recovery costs, shall go to the county road department.
    1. Notwithstanding this section or any other section to the contrary, at the written request of the appropriate United States postal authority or the appropriate school board or education department, the county may use county vehicles, equipment and supplies to maintain areas for the purpose of providing public school buses and postal vehicles with a route and a turnaround area, even though the areas may not be on the official county road map or part of a public road right-of-way for which the county is responsible. The county shall not maintain the area if it will not be used for that purpose. The county shall obtain written permission from the owner of any property proposed to be used as a turnaround area prior to commencing any work on that property.
    2. The county road department and the appropriate postal authority or school board or education department shall determine prior to commencement of the project whether all or part of the cost of the paving will be reimbursed to the road department.
    3. [Deleted by 2012 amendment.]

Acts 1974, ch. 738, § 14; T.C.A., § 54-1015; Acts 1989, ch. 591, § 113; 1991, ch. 89, § 1; 1999, ch. 286, § 1; 2012, ch. 689, § 10.

Attorney General Opinions.

T.C.A. § 54-7-202 does not necessarily prohibit a county from repairing or maintaining roads in such a county if the roads lead to a cemetery and are available for public.. It only prohibits the use of nonmonetary county resources for anything other than official county road purposes, subject to statutory exceptions.  if a road qualifies as part of a dilapidated or abandoned cemetery, the county would be permitted to solicit, receive, and use funds to rehabilitate and maintain the cemetery, including any road that is a portion of the cemetery.  However, T.C.A.  § 46-2-107 does not abrogate T.C.A.. § 54-7-202’s prohibition on county officers and county employees from using any county vehicle, equipment, supplies, or road materials for non-official county road purposes.  Accordingly, while a county may use those funds solicited and received for the purpose of rehabilitating a cemetery, it may not use its own nonmonetary resources, even if reimbursed with the funds received.  Neither T.C. A. § 46-2-107 nor § 54-7-202 prohibits a county from contracting with a private contractor to repair and preserve these roads as long as the county has the authority to use its funds to repair and preserve the road in question. OAG 17-46, 2017 Tenn. AG LEXIS 46 (10/11/2017).

Compiler's Notes. This section was amended regarding the sale of crushed rock to churches and nonprofit cemeteries for the purpose of constructing or repairing roads in Rutherford County by Acts 1975, ch. 50, § 1.

Amendments. The 2012 amendment, effective January 1, 2013, deleted (g)(3) which read: “This subsection (g) shall not apply in any county with a population of four hundred thousand (400,000) or more, according to the 1990 federal census or any subsequent federal census.”

Effective Dates. Acts 2012, ch. 689, § 11. January 1, 2013.

54-7-203. Personal financial interest prohibited — Penalties.

  1. Neither the chief administrative officer, county highway commissioner, member of the county governing body nor any employee of the county road department shall be financially interested in or have any personal interest, either directly or indirectly, in the purchase of any supplies, machinery, materials, equipment or contractual services for the department or system of roads for the county, nor in any firm, corporation, partnership, association or individual selling or furnishing the machinery, equipment, supplies and materials.
  2. A violation of this section constitutes official misconduct and is a Class C misdemeanor and is grounds for removal from office.

Acts 1974, ch. 738, § 15; T.C.A., § 54-1016; Acts 1980, ch. 682, § 1; 1989, ch. 591, § 113; 2012, ch. 640, § 3.

Amendments. The 2012 amendment substituted “materials, equipment or contractual services” for “materials, or equipment” in (a).

Effective Dates. Acts 2012, ch. 640, § 4. March 30, 2012.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

54-7-204. Withholding of funds by state for violation.

If any provision of this chapter is violated in any county, the commissioner of transportation is authorized to withhold state-aid highway system funds due the county until the deficiency has been corrected to the satisfaction of the commissioner.

Acts 1974, ch. 738, § 16; T.C.A., § 54-1017; Acts 1983, ch. 320, § 5.

54-7-205. Removal of chief administrative officer.

  1. “Chief administrative officer,” for the purpose of this section, includes county road commissioners, trustees, road supervisors, or other persons charged with supervision or control of a county road department.
  2. In addition to any proceeding under title 8, chapter 47, the chief administrative officer of a county road department may be removed from office in accordance with this section.
  3. The comptroller of the treasury shall forward a copy of audit reports covering county road departments to the district attorney general having jurisdiction and to the attorney general and reporter. If the audit indicates an apparent violation of any statute or regulation governing the operation of a county road department, including, but not limited to, an apparent violation of any statute or regulation applicable to accounting, budgeting or purchasing procedures, the audit report shall so state.
  4. The district attorney general and the attorney general and reporter shall each review the audit reports and determine if there is sufficient cause for further investigation.
  5. If the investigation indicates willful misfeasance, malfeasance or nonfeasance by the chief administrative officer of the road department, the district attorney general shall proceed, pursuant to title 8, chapter 47, to remove the chief administrative officer of the road department from office.
  6. Any chief administrative officer removed from office on the basis of misfeasance, malfeasance, or nonfeasance under this section shall be ineligible to ever seek the office of chief administrative officer of a county road department in any county.

Acts 1980, ch. 553, § 1.

54-7-206. Theft or embezzlement by chief administrative officer.

  1. Any theft by a chief administrative officer, either directly or indirectly, of county highway or road money shall be punished under § 39-14-105.
  2. If any chief administrative officer charged with the collection, safekeeping, transfer, or disbursement of money or property belonging to the county highway department uses or diverts any part of the money or property by loan, investment, or otherwise, without authority of law, or converts any part of the money or property to the chief administrative officer's own use in any way whatsoever, the chief administrative officer commits embezzlement, and for every act, upon conviction, shall be punished as in the case of larceny, and in addition shall be required to pay to the court an amount equal to the amount embezzled. The amount shall be forwarded by the clerk to the county highway department.

Acts 1988, ch. 658, § 1; 2013, ch. 308, § 9.

Compiler's Notes. The misdemeanor and felony provisions in this section may have been affected by the Criminal Sentencing Reform Act of 1989. See §§ 39-11-113, 39-11-114, 40-35-110, 40-35-111.

Amendments. The 2013 amendment rewrote (a) which read: “(a)(1) Any theft by a chief administrative officer, either directly or indirectly, of more than one thousand dollars ($1,000) of county highway or road money, is a felony, and, upon conviction, shall be punished by imprisonment in the penitentiary for not less than three (3) years nor more than twenty (20) years.“(2) Any theft by a chief administrative officer, either directly or indirectly, of one thousand dollars ($1,000) or less of county highway or road money, is a misdemeanor, and, upon conviction, shall be punished by confinement for not more than one (1) year.”; and substituted “any way whatsoever” for “any way whatever” in the middle of the first sentence of (b).

Effective Dates. Acts 2013, ch. 308, § 46. July 1, 2013.

Cross-References. County road commission, agents, gratuitous work for nonprofit organizations, § 12-8-103.

Use of county equipment or material for private purposes, § 54-7-202.

54-7-207. Offense of damaging county highways structures.

    1. As used in this subsection (a), “county highway structure” includes any county highway, highway facility, building, bridge, overpass, tunnel, barricade, fence, wall, traffic control device, right-of-way, sign or marker of any nature whatsoever erected upon or maintained within or adjacent to a county highway or the county highway right-of-way.
    2. It is an offense for any person who is not authorized to construct or repair a county highway structure to knowingly carve upon, write, paint or otherwise mark upon, deface, rearrange, or alter any county highway structure.
    3. It is an offense for any person who is not authorized to construct or repair a county highway structure to knowingly, in any manner, destroy, damage, knock down, mutilate, mar, steal or remove any county highway structure.
    4. A violation of subdivision (a)(2) or (a)(3) is a Class A misdemeanor.
    5. In addition to any criminal penalty provided by law for a violation of subdivision (a)(2) or (a)(3), there is created a separate civil cause of action for the cost of any damage resulting from such prohibited action.
    6. There is created a civil cause of action for the cost of any damage done whenever a person negligently damages any county highway structure.
    7. Criminal actions prosecuted pursuant to this subsection (a) shall be brought by the district attorney general of the judicial district in which the damage occurred. Civil actions instituted pursuant to this subsection (a) shall be brought by the county attorney or an attorney employed by the chief administrative officer of the county highway department.
    1. Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for a violation of this section shall receive a reward of two hundred fifty dollars ($250). The county where the conviction occurs shall provide the reward money from the proceeds of the fines collected under this section.
    2. The proceeds from the fines imposed for violations of this section shall be collected by the respective court clerks and then deposited in a dedicated county fund. The fund shall not revert to the county general fund at the end of a fiscal year but shall remain for the vandalism enforcement rewards established in subdivision (b)(1).
    3. Each county shall expend the funds generated by the fines provided for in this section by appropriation for the vandalism enforcement rewards. Excess funds, if any, may be expended for litter control programs on adoption of an appropriate resolution by the county legislative body.
  1. Notwithstanding any law to the contrary, this section shall apply to all counties.

Acts 2013, ch. 472, § 4.

Effective Dates. Acts 2013, ch. 472, § 5. July 1, 2013.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Vandalism, § 39-14-408.

Chapter 8
County Highway Commissions [Repealed]

54-8-101. [Repealed.]

Acts 1929, ch. 54, § 1; Code 1932, § 3278; impl. am. Acts 1978, ch. 934, §§ 7, 36; impl. am. Acts 1979, ch. 413, § 1; T.C.A. (orig. ed.), § 54-701; repealed by Acts 2013, ch. 308, § 34, effective July 1, 2013.

Compiler's Notes. Former chapter 8, §§ 54-8-10154-8-107, concerned county highway commissions.

54-8-102. [Repealed.]

Acts 1929, ch. 54, § 2; Code 1932, § 3279; T.C.A. (orig. ed.), § 54-702; Acts 1996, ch. 685, § 1; 2003, ch. 90, § 2; repealed by Acts 2013, ch. 308, § 34, effective July 1, 2013.

Compiler's Notes. Former chapter 8, §§ 54-8-10154-8-107, concerned county highway commissions.

54-8-103. [Repealed.]

Acts 1929, ch. 54, §§ 3, 4; mod. Code 1932, § 3280; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 54-703; Acts 1981, ch. 264, § 12; repealed by Acts 2013, ch. 308, § 34, effective July 1, 2013.

Compiler's Notes. Former chapter 8, §§ 54-8-10154-8-107, concerned county highway commissions.

54-8-104. [Repealed.]

Acts 1929, ch. 54, § 4(a), as added by Acts 1931, ch. 101, § 1; C. Supp. 1950, § 3280.1; T.C.A. (orig. ed.), § 54-704; repealed by Acts 2013, ch. 308, § 34, effective July 1, 2013.

Compiler's Notes. Former chapter 8, §§ 54-8-10154-8-107, concerned county highway commissions.

54-8-105. [Repealed.]

Acts 1929, ch. 54, § 4(e), as added by Acts 1931, ch. 101, § 1; C. Supp. 1950, § 3280.5; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 54-708l; Acts 2003, ch. 90, § 2; repealed by Acts 2013, ch. 308, § 34, effective July 1, 2013.

Compiler's Notes. Former chapter 8, §§ 54-8-10154-8-107, concerned county highway commissions.

54-8-106. [Repealed.]

Acts 1929, ch. 54, § 4(f), as added by Acts 1931, ch. 101, § 1; C. Supp. 1950, § 3280.6; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 54-709; Acts 2003, ch. 90, § 2; repealed by Acts 2013, ch. 308, § 34, effective July 1, 2013.

Compiler's Notes. Former chapter 8, §§ 54-8-10154-8-107, concerned county highway commissions.

54-8-107. [Repealed.]

Acts 1929, ch. 54, § 4(g), as added by Acts 1931, ch. 101, § 1; C. Supp. 1950, § 3280.7; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 54-710; repealed by Acts 2013, ch. 308, § 34, effective July 1, 2013.

Compiler's Notes. Former chapter 8, §§ 54-8-10154-8-107, concerned county highway commissions.

Chapter 9
County Highway Bonds

Part 1
General Provisions

54-9-101. Authority to issue bonds.

Each county is authorized to issue its bonds for highway purposes pursuant to title 9, chapter 21.

Acts 1913 (1st E.S.), ch. 26, § 1; Shan., § 1695a1; Acts 1919, ch. 175, § 1; Code 1932, § 2962; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36; T.C.A. (orig. ed.), § 54-801; Acts 1980, ch. 601, § 15; 1988, ch. 750, § 52.

Cross-References. Maximum effective rates of interest, § 47-14-103.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal, State and County Securities, §§ 10, 13; 23 Tenn. Juris., Streets and Highways, § 13.

Comparative Legislation. County highway bonds:

Ala.  Code § 23-1-157.

Ark.  Code § 26-78-110 et seq.

Ga. O.C.G.A. § 36-82-62.

Ky. Rev. Stat. Ann. § 178.170.

Miss.  Code Ann. § 65-13-1 et seq.

Mo. Rev. Stat. § 108.120.

N.C. Gen. Stat. § 136-98.

Va. Code § 33.1-321 et seq.

NOTES TO DECISIONS

1. Constitutionality.

Public Acts 1913, ch. 26, was not unconstitutional on the theory that the act contained more than one subject. Walmsley v. Franklin County, 133 Tenn. 579, 182 S.W. 599, 1915 Tenn. LEXIS 121 (1916).

2. Legislative Intent.

The statute evidences a legislative intent to leave to the county court's (now county legislative body's) determination the question whether there had been compliance with the statutory conditions precedent to the issuance of highway bonds. Irwin v. Bedford County, 151 Tenn. 402, 270 S.W. 81, 1924 Tenn. LEXIS 73 (1925).

3. Requirement of Seal.

The provision requiring the issuance of bonds and coupons under seal is merely directory insofar as the coupons are concerned, and the validity of the coupons may, in this respect, rest on the bonds to which the seal was attached. Henderson County v. Sovereign Camp, W. O. W., 12 F.2d 883, 1926 U.S. App. LEXIS 3403 (6th Cir. Tenn. 1926), cert. denied, Henderson County v. Woodmen of World, 273 U.S. 721, 47 S. Ct. 111, 71 L. Ed. 858, 1926 U.S. LEXIS 254 (1926).

4. Effect of Recital on Validity.

Recitals in bonds showing issuance in strict conformity to law estops county as to bona fide holders. Irwin v. Bedford County, 151 Tenn. 402, 270 S.W. 81, 1924 Tenn. LEXIS 73 (1925).

Where legislative authority exists for issuing the bonds in some circumstances, and the bonds recite on their face that they were issued pursuant to statute and are attested by the officers who were authorized under the statute to issue such bonds, a prima facie case of validity is made out. Henderson County v. Sovereign Camp, W. O. W., 12 F.2d 883, 1926 U.S. App. LEXIS 3403 (6th Cir. Tenn. 1926), cert. denied, Henderson County v. Woodmen of World, 273 U.S. 721, 47 S. Ct. 111, 71 L. Ed. 858, 1926 U.S. LEXIS 254 (1926).

The grant of power to the county court (now county legislative body) to issue bonds is in praesenti, with a deferred right to exercise it, depending upon the happening of certain conditions, it being the province of the county court (now county legislative body) to determine whether those conditions have been fulfilled, and when that court certifies on the face of the bonds the fulfillment of such conditions, the county is estopped as against innocent holders, to assert the contrary. Henderson County v. Sovereign Camp, W. O. W., 12 F.2d 883, 1926 U.S. App. LEXIS 3403 (6th Cir. Tenn. 1926), cert. denied, Henderson County v. Woodmen of World, 273 U.S. 721, 47 S. Ct. 111, 71 L. Ed. 858, 1926 U.S. LEXIS 254 (1926).

5. Suit Attacking Bonds.

The holders of county highway bonds are not necessary parties to taxpayer's suit to have such bonds declared void, and to enjoin collection of taxes for their payment. Irwin v. Bedford County, 151 Tenn. 402, 270 S.W. 81, 1924 Tenn. LEXIS 73 (1925).

Collateral References. 39 Am. Jur. 2d Highways, Streets, and Bridges § 137 et seq.

39A C.J.S. Highways § 160.

Bond issue in excess of amount permitted by law, validity of, within authorized debt, tax, or voted limit. 175 A.L.R. 823.

Prohibition to control action of administrative officers in matters relating to bonds. 115 A.L.R. 22, 159 A.L.R. 627.

Smaller political units, constitutionality of statutory plan for financing, or refinancing bonds of, by larger political unit. 106 A.L.R. 608.

Bonds 1 et seq.

Counties 149 et seq.

Highways 1 et seq.

54-9-102 — 54-9-114. [Repealed.]

Compiler's Notes. Former §§ 54-9-10254-9-114 (Acts 1913 (1st E.S.), ch. 26, §§ 1-6; 1919, ch. 175, §§ 1-5; 1921, ch. 134, § 1; Code 1932, §§ 2963, 2964, 2966, 2968-2977; Shan., §§ 1695a1, 1695a2, 1695a4, 1695a6-1695a15; Acts 1972, ch. 740, § 4(63); T.C.A. (orig. ed.), §§ 54-802, 54-803, 54-805, 54-807 — 54-816), general provisions concerning county highway bonds, were repealed by Acts 1988, ch. 750, § 53.

54-9-115. Road districts for election of road commissioners.

For the purpose of carrying out this chapter, any county legislative body has the right to divide its county into no less than three (3) nor more than eight (8) road districts. For each road district, there shall be elected one (1) road commissioner, so that no more than one (1) road commissioner shall be elected from the same road district; but to divide the county into road districts the road districts shall in no wise interfere with the civil districts of any county, for any purpose whatever, except for convenience in selecting the commissioners for the purpose of giving all parts of any county representation in the construction of roads under this chapter.

Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a16; Code 1932, § 2978; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-817.

Attorney General Opinions. Highway commisioners as chief administrative officers, OAG 99-058 (3/10/99).

54-9-116. Road commissioners elected from county at large.

Any county may have the right to elect three (3) road commissioners from the county at large, who shall be the road commissioners for the county, and who shall have the supervision of the construction of the roads in the county; provided, that any county that does not desire to elect its road commissioners from the county at large may subdivide its county into road districts as is provided for in § 54-9-115; and provided, further, that, in any county electing its road commissioners from the county at large, no two (2) of the road commissioners shall be from the same civil district.

Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a17; Code 1932, § 2979; T.C.A. (orig. ed.), § 54-818.

54-9-117. Nomination and election of road commissioners from districts.

  1. In any county dividing its county into three (3) or more road districts, the road commissioner to be elected from any of the districts shall receive a nomination from any member of the county legislative body within the limits of the road district.
  2. Should there be more than one (1) nomination from any one (1) or more road districts, then the candidate receiving the highest number of votes of the members comprising the whole legislative body shall be declared elected from the road district from which the nomination was received, and shall be one (1) of the road commissioners.
  3. All road commissioners provided for by any county where the county has been subdivided shall be elected in the same manner as provided in this section.

Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a18; Code 1932, § 2980; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-819.

54-9-118. Road commissioners have supervision of construction of roads.

When all road commissioners have been elected, they shall be the road commissioners for that county, and shall have the supervision of the construction of the roads provided for by the county legislative body, and shall serve until all the roads so provided for have been completed according to the specifications laid out by the county legislative body, or until all the money provided for under the bond issue for the county has been expended on the roads of the county.

Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a19; Code 1932, § 2981; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-820.

Attorney General Opinions. Experience requirements for chief administrative officer, OAG 99-058 (3/10/99).

54-9-119. Bond of commissioners.

The commissioners shall execute a good and solvent bond, in an amount to be specified by the county legislative body, payable to the state, for the benefit of the county from which they were elected, conditioned that they will faithfully and impartially execute all the duties imposed upon them, without favor for any part of the county over that of any other part of the county; that they will honestly and faithfully expend and account for all moneys coming into their hands; and that they will as honestly and economically expend the money for the county as if it were their own private funds. The bond shall be prepared in accordance with title 8, chapter 19, approved by the county legislative body, recorded in the office of the county register of deeds, and transmitted to the office of the county clerk for safekeeping.

Acts 1913 (1st Ex. Sess.), ch. 26, § 7; Shan., § 1695a20; Code 1932, § 2982; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-821; Acts 1998, ch. 677, § 18; 2012, ch. 974, § 2.

Compiler's Notes. Acts 2012, ch. 974, § 6 provided that the act, which amended the section, shall apply to the renewal or obtaining of an official bond for any bonding after May 10, 2012.

Amendments. The 2012 amendment substituted “office of the county clerk” for “comptroller of the treasury” at the end.

Effective Dates. Acts 2012, ch. 974, § 6. May 10, 2012.

54-9-120. Vacancies — Filling.

Should there occur a vacancy for any cause, the vacancy shall be filled in the same manner as provided for the election of the original commissioners under this chapter.

Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a21; Code 1932, § 2983; T.C.A. (orig. ed.), § 54-822.

54-9-121. Removal of commissioners.

The road commissioners shall be subject to removal for cause by the judge of the circuit court or chancellor of the county, due notice having been given of the charges preferred.

Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a22; Code 1932, § 2984; T.C.A. (orig. ed.), § 54-823.

Law Reviews.

The Tennessee Court System — Circuit Court (Frederic S. LeClercq), 8 Mem. St. U.L. Rev. 241.

54-9-122. County legislative body called to fill vacancy — Other members act till vacancy is filled.

Should any vacancy occur in the commission, it shall be the duty of the county mayor to call the county legislative body together immediately to elect a successor to fill the vacancy, and the remaining commissioners shall transact any business as if no vacancy had occurred until the vacancy has been filled.

Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a24; Code 1932, § 2985; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 54-824; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

54-9-123. Road commissioners not to be members of county legislative body, nor related to members.

No road commissioner shall be a member of the county legislative body or related to any member of the county legislative body within the third degree, either by affinity or consanguinity, computed by the civil law.

Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a25; Code 1932, § 2986; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-825.

Law Reviews.

Local Government — Incompatibility of Office of Justice of Peace and Road Commissioner, 23 Tenn. L. Rev. 903.

Attorney General Opinions. Highway commisioners as chief administrative officers, OAG 99-058 (3/10/99).

NOTES TO DECISIONS

1. Application.

This section, which prohibits road commissioner from being member of quarterly court (now county legislative body), is not applicable in quo warranto proceedings for adjudication that a justice of the peace (now judge of the court of general sessions) vacated that office by being inducted into office as a member of the county public road commission. State v. Brown, 197 Tenn. 1, 270 S.W.2d 334, 1954 Tenn. LEXIS 443 (1954).

54-9-124. Contracts let upon advertised competitive biddings — Bid accepted.

  1. All work of grading, macadamizing, concreting, bridge building, etc., shall be let to contractors by the commissioners. It shall be their duty to advertise the letting or lettings in one (1) or more newspapers published in the county and otherwise as their judgment may direct, and receive sealed bids for the work.
  2. They shall adopt, not later than one (1) week after the time set for opening the bids, the bid of the lowest responsible bidder, if in their judgment to do so would be to the best interest of the county and taxpayers.

Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a26; Code 1932, § 2987; T.C.A. (orig. ed.), § 54-826.

Collateral References.

Services contracted for as within requirement of submission of bids as condition of public contract. 15 A.L.R.3d 733.

“Work,” what is covered by term, in statute relating to bids or proposals for public contracts. 92 A.L.R. 835.

54-9-125. Work may be let in sections or as a whole — Rejection of all bids and resubmission.

The commissioners may let the work in sections, or they may let different kinds of work to different contractors, or they may let the whole to one (1) bidder, if in their judgment it is to the best interest of the taxpayers to do so; provided, that after having examined all bids and after having thoroughly investigated the methods of other counties in the state or elsewhere, where conditions are similar, a majority of the commissioners may be of the opinion that to accept none of the bids would be to the best interest of the county, and they may resubmit to another bidding; or, in their discretion, they may adopt any other method of letting the work, either in whole or in part, as the results of their investigation and judgment may indicate.

Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a27; Code 1932, § 2988; T.C.A. (orig. ed.), § 54-827.

Attorney General Opinions. A county could not award a road design and construction contract on a “design-build” basis, without competitive bidding, to an engineering firm that had partnered with a road construction firm for that purpose, even though the county's governing body believed such an award to be in the best interest of the taxpayers, as the county was required to advertise the proposed letting of such a contract and to receive sealed bids for the proposed road project, OAG 00-086 (5/5/00).

Collateral References.

Right or duty of public authorities to require single bid or to let single contract for entire improvement or for two or more separate improvements. 123 A.L.R. 577.

Unit basis, right to require bid on with reservation to public authorities of right to determine amount or extent of work. 79 A.L.R. 225.

54-9-126. Contract — Contents.

In receiving and letting the contracts, the commissioners shall at all times include the laying of all drain tiles or pipe for the draining of the roads, after the drain tiles or pipe have been placed on the road, by the county, and further include the tamping or packing of the dirt around the pipe or drain tiles, without additional cost to the county where they are being placed under fills for drainage of the roads.

Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a28; Code 1932, § 2989; T.C.A. (orig. ed.), § 54-828.

54-9-127. Maximum prices for certain work fixed by county legislative body — Prices of contract work left to commissioners.

  1. The price for moving dirt, per cubic yard, the price per yard for the laying of macadam, or the price for moving loose or solid rock from the roadbed shall not in any event exceed the maximum price fixed for the removal of those things by the county legislative body of any county authorizing bonds for that purpose.
  2. The county legislative body has the right to define what is meant by “loose rock,” and to define what is meant by “solid rock.”
  3. The county legislative body has the right to provide a maximum amount to be paid for an overhaul, both in the removal of dirt and in the laying of macadam on any road to be built within the county, or the price to be paid for moving dirt, the laying of macadam, clearing rights-of-way, amount to be paid for hands employed on force account, and the price to be paid to the engineers or assistant engineers, the amount per cubic yard of concrete where concrete culverts, concrete bridges, or the price per cubic yard on any kind of concrete work ordered to be placed or used on any road, and the price for any or all contract work may be left to the discretion of the commissioners elected to carry out the work for any county building roads under this chapter, but at all times the county legislative body shall reserve the right to fix a maximum price to be paid for any kind of work when in its judgment it is in the best interest of the county to do so.

Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a29; Code 1932, § 2990; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-829.

54-9-128. Officials, commissioners, or employees not to be interested in contracts.

No commissioners or member of the county legislative body or any officer or employee of the commissioners shall be interested, directly or indirectly, in any contract or job of work or material, or profits of any contract or job, to be furnished or performed under §§ 54-9-12454-9-127.

Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a30; Code 1932, § 2991; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-830.

Cross-References. Officers of municipal corporations prohibited from taking contracts, § 6-54-107.

Public officers not to be interested in public contracts, § 12-4-101.

54-9-129. Damages for rights-of-way paid by authority of county legislative body, or upon condemnation.

  1. The commissioners elected under this chapter shall not expend the money obtained by the sale of any road bonds for any rights-of-way without first being authorized to do so by the county legislative body, or for any release, or for any damage growing out of the road building in any way or manner, unless it is after condemnation proceedings where it becomes necessary to condemn land for the purpose of barrow pits, or rock quarries for the purpose of obtaining rock for the roads or dirt to make fills where the cuts are not sufficient to make the fills.
  2. The commissioners shall have the right, where it is not possible to obtain rights-of-way otherwise, to condemn land or buildings for rights-of-way.

Acts 1913 (1st E.S.), ch. 26, § 9; Shan., § 1695a31; Code 1932, § 2992; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-831.

Textbooks. Tennessee Jurisprudence, 23 Tenn. Juris., Streets and Highways, § 13.

54-9-130. Contractors paid monthly — Reservation of percentage to protect county.

The commissioners shall pay all contractors every thirty (30) days upon estimates made by the engineer in charge of the work for the county, or upon estimates of the assistant engineer for the county, reserving not in excess of ten percent (10%) of the amount of work done at that time as may be evidenced by estimates of the engineer or the engineer's assistants; but the engineers shall be sure at all times that their estimates are not for more than the amount of work actually done, and the commissioners shall at all times reserve an ample amount or percentage to protect the interest of the county.

Acts 1913 (1st E.S.), ch. 26, § 10; Shan., § 1695a32; Code 1932, § 2993; T.C.A. (orig. ed.), § 54-832.

54-9-131. Engineers — Employment — Duties.

  1. The commissioners shall employ a competent engineer, and, if need be, assistant engineers.
  2. The engineers shall be employed to lay out the work on the roads provided for, making estimates on the roads and work done by the contractors building the roads.

Acts 1913 (1st E.S.), ch. 26, § 11; Shan., § 1695a33; Code 1932, § 2994; T.C.A. (orig. ed.), § 54-833.

54-9-132. Bond of engineers — Forfeiture.

  1. The engineer shall execute a bond to the county for not less than ten thousand dollars ($10,000), or more if a larger bond is demanded by the county legislative body, conditioned that the engineer will honestly and faithfully execute all work entrusted to the engineer's care by the commissioners.
  2. In the event the engineer willfully or grossly negligently fails to execute any work entrusted to the engineer's care in a manner that is not in the best interest of the county employing the engineer, then the bond shall be forfeited to the county, the bond to be signed by good and solvent personal bondspersons, or by a company authorized to do surety business in the state.

Acts 1913 (1st E.S.), ch. 26, § 11; Shan., § 1695a34; Code 1932, § 2995; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-834.

54-9-133. Compensation of engineer.

As compensation for the faithful performance of duty, the engineer shall receive an amount agreed upon by the engineer and the road commissioners having charge of the work.

Acts 1913 (1st E.S.), ch. 26, § 11; Shan., § 1695a35; Code 1932, § 2996; T.C.A. (orig. ed.), § 54-835.

54-9-134. Oath of engineers.

Each engineer so employed shall take and subscribe an oath before entering upon the engineer's duties that all work will be honestly and faithfully executed as entrusted to the engineer's care, without partiality to any section of the county.

Acts 1913 (1st E.S.), ch. 26, § 11; Shan., § 1695a36; Code 1932, § 2997; T.C.A. (orig. ed.), § 54-836.

54-9-135. Removal of engineers — Cause.

Any engineer employed under this chapter shall be subject to removal or discharge by the commissioners for the county, at any time when, in the judgment of a majority, it appears to the best interest of the county to remove the engineer, first giving the engineer thirty (30) days' notice of removal.

Acts 1913 (1st E.S.), ch. 26, § 11; Shan., § 1695a37; Code 1932, § 2997a; T.C.A. (orig. ed.), § 54-837.

54-9-136. Expenditure of surplus on other roads.

After all the roads laid out and provided for in the resolution have been graded, macadamized or otherwise improved for the full length of each road, should there remain a surplus, it shall be expended on such other road or roads not set forth in the resolutions, that in the judgment of the commissioners will serve the greatest number of people within the county.

Acts 1913 (1st E.S.), ch. 26, § 12; Shan., § 1695a38; mod. Code 1932, § 2998; T.C.A. (orig. ed.), § 54-838.

54-9-137. Record of expenditures and expenses kept by commissioners — Open to public — Violations a misdemeanor — Removal.

  1. The commissioners shall keep a well-bound book, in which shall be recorded in detail the amount of money expended by them on the roads, and where and for what purpose the money was expended.
  2. The book shall show to whom the funds have been paid, giving the date and the amount of the payments; and it shall further show any and all expenses paid by the commissioners.
  3. There shall be a proper accounting for all the funds coming to their hands, and how expended.
    1. The book shall be open to the public at all reasonable times and places.
    2. Failure to keep the book and failure to show the book to anyone of the public is a Class A misdemeanor upon the part of the commissioners and, in addition, subjects them to removal.

Acts 1913 (1st E.S.), ch. 26, § 13; Shan., § 1695a40; Code 1932, § 3000; T.C.A. (orig. ed.), § 54-840; Acts 1989, ch. 591, §§ 1, 6.

Code Commission Notes.

The misdemeanor in this section has been classified as a Class A misdemeanor by authority of § 40-35-110, which provides that an offense designated a misdemeanor without specification as to category is a Class A misdemeanor. See also § 39-11-114.

Cross-References. Penalty for Class A misdemeanor, §§ 39-11-114, 40-35-111.

54-9-138. Commissioners to keep minutes of proceedings — Report bond sales, receipts and disbursements, other information.

  1. It is the duty of the commissioners to keep accurate minutes of all the proceedings had by them, the minutes to be kept in a well-bound book and preserved as a record of their office.
    1. The commissioners shall make a written report quarterly to the county legislative body, showing the number of bonds sold since their last report, to whom sold, and the amount realized from the bonds, and also an itemized list of all their receipts and disbursements.
    2. The report shall likewise contain other information that may be presumed to be of interest to the taxpayers of the county, and the report shall be spread on the minutes of the county legislative body.

Acts 1913 (1st E.S.), ch. 26, § 14; Shan., § 1695a41; Code 1932, § 3001; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-841.

54-9-139. Bonds issued for specified road and bridge purposes — Determination of kind of improvement — Form of bonds.

  1. Under this chapter, any county in the state is authorized to issue bonds pursuant to title 9, chapter 21, for the purposes of grading roads, grading and macadamizing roads, grading and concreting roads, building complete concrete roads, building macadam roads with an asphalt surface, building bridges on roads, draining roads, or maintaining or reconstructing roads already constructed, or for any kind of standard road improvement or construction.
  2. The kind of improvement shall at all times be subject to the determination of the county legislative body and shall be approved by the department of transportation.
  3. All plans and specifications for the improvement of the roads or bridges shall be approved by the department.

Acts 1913 (1st E.S.), ch. 26, § 15; Shan., § 1695a42; Acts 1919, ch. 175, § 7; Code 1932, § 3002; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-842; Acts 1988, ch. 750, § 54; 1981, ch. 264, § 12.

54-9-140. Local laws for issuance of bonds for road purposes — Cumulative power.

Nothing in this chapter shall be construed as repealing any local law authorizing the issuance of bonds for road purposes, but the power conferred in this chapter shall only be cumulative to the power conferred in the local laws.

Acts 1919, ch. 175, § 8; Shan. Supp., § 1695a44; Code 1932, § 3003; T.C.A. (orig. ed.), § 54-843.

Part 2
Construction of County Highways, Roads and Bridges

54-9-201. Bonds issued — State aid pledged.

Any county may authorize the issuance of bonds pursuant to title 9, chapter 21, for the construction of county highways, roads and bridges and may irrevocably pledge, during each fiscal year, moneys received by way of state aid grants for rural roads, an amount not exceeding fifty percent (50%) of state aid funds derived from the distribution of the gasoline tax for rural roads, to the retirement of principal of and interest on the bonds, but in computing the amount of state grants, state funds used in matching federal funds shall be excluded.

Acts 1959, ch. 320, § 1; 1961, ch. 282, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 54-844; Acts 1980, ch. 601, § 16; 1983, ch. 320, § 6; 1988, ch. 750, § 55.

Cross-References. Maximum effective rates of interest, § 47-14-103.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Bridges, § 5.

Collateral References. Bonds 1 et seq.

Bridges 1 et seq.

Counties 149 et seq.

Highways 1 et seq.

54-9-202. Surveys and plans of proposed projects — Contents — Approval by county — Reviewed and approved by state — Adoption by county legislative body.

  1. Prior to the issuance of bonds, the county highway department shall prepare, or cause to be prepared, surveys and plans of proposed county highways, roads and bridges, or proposed project or projects, to be constructed, showing the location, design and construction of the proposed improvement project and the estimated cost of the project, based on current costs. When the surveys and plans have been approved by the county highway department, they shall be submitted to the department of transportation. They shall be reviewed by the department for feasibility, practicability and completeness as to design and type of construction for a permanent county highway, road or bridge improvement, in accordance with the established standards for state-aid highways and roads constructed under the state-aid highway program. If the department approves the surveys and plans, it shall certify its approval to the presiding officer of the county legislative body, who shall submit the the surveys and plans for approval or disapproval to the county legislative body at either a regular or called session to be held not less than thirty (30) nor more than forty-five (45) days from the date of submission.
  2. Within five (5) days after the receipt of the surveys and plans, as certified by the department, the presiding officer of the county legislative body shall appoint a committee of no less than three (3), nor more than nine (9) members of the county legislative body, for the purpose of studying the surveys and plans, so that the committee may recommend approval or disapproval to the county legislative body. Within ten (10) days, the committee shall reduce its recommendations to writing and file them with the county clerk. Both majority and minority reports may be filed. At the meeting of the county legislative body, the plans, surveys, certification by the department and the recommendations of the committee appointed by the presiding officer shall be considered. If a majority of the authorized membership of the county legislative body approves, a resolution allowing the issuance of bonds, in accordance with this chapter, may be adopted. The county shall have no authority to change or alter, in any way, the surveys and plans approved and certified by the department, unless approved by the department.

Acts 1959, ch. 320, § 2; 1961, ch. 282, § 2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 54-845; Acts 1983, ch. 320, § 7.

54-9-203. Bond resolution, contents.

The bond resolution shall contain:

  1. The amount, or maximum amount, of the bonds to be issued;
  2. The purpose of the bond issued being for the construction of county highways, roads or bridges, as certified by the department;
  3. The rate, or maximum rate, of interest that the bonds shall yield; and
  4. A concise statement as to the amount or percentage of state aid funds to be irrevocably pledged and whether the taxing power of the county shall be pledged for the payment of bonds, plus interest; but the amount irrevocably pledged from state aid funds, derived from the proceeds of the gasoline tax distributed to the counties, shall not exceed fifty percent (50%) of the state aid funds.

Acts 1959, ch. 320, § 3; T.C.A., § 54-846; Acts 1983, ch. 320, § 8.

54-9-204. County highway bond account — Expenditure of funds.

In accordance with the bond resolution, the county trustee shall place in a special account, known as the county highway bond account, the amounts of state-aid road funds and state aid funds received for county highway purposes, but not exceeding fifty percent (50%) of the state aid funds, pledged to the payment of the principal of and interest on the bonds. The funds shall be expended for no other purpose. When an amount has been accumulated sufficient to pay the principal amount of the bonds, plus interest, the county trustee shall not place additional funds in the account.

Acts 1959, ch. 320, § 4; T.C.A., § 54-847; Acts 1983, ch. 320, § 9; 1988, ch. 750, § 56.

54-9-205 — 54-9-208. [Repealed.]

Compiler's Notes. Former §§ 54-9-20554-9-208 (Acts 1959, ch. 320, §§ 5-8; 1961, ch. 282, § 3; T.C.A., §§ 54-848 — 54-851), concerning payment of bonds and interest, etc., were repealed by Acts 1988, ch. 750, § 57.

54-9-209. County highway department authorized to undertake project — Project accomplished by contract — Advertisement for bids.

    1. After the sale of the bonds for the construction of the approved projects, the county legislative body may authorize the county highway department to undertake one (1) or more of the projects or may direct that the project or projects be accomplished by contract.
    2. In the event the county highway department undertakes the project or projects, the procedures set for and the provisions of § 54-9-202 shall be applicable, and it shall be the duty of the appropriate officials in the county to explicitly follow the surveys and plans approved by the department of transportation and they shall have no authority to change, alter, or modify them in any way.
    1. In the event the county legislative body determines the projects shall be accomplished by contract, the county, through a committee consisting of the fiscal officer of the county, the chief administrative officer of the county highway department and the county trustee, shall advertise for bids for the construction project or projects.
    2. The advertisement shall be placed at least once weekly for two (2) consecutive weeks in a newspaper having general circulation in the county, and shall concisely contain:
      1. The time and date for filing sealed bids with the county clerk;
      2. The time on the same date when the committee shall publicly open the bids;
      3. A general description of the project or projects upon which bids will be received;
      4. The offices of the county officials in which copies of the plans, specifications and contracts may be reviewed; and
      5. Other pertinent information.

Acts 1959, ch. 320, § 9; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A., § 54-852; Acts 1983, ch. 320, § 10.

Cross-References. Advisory committee for use of the Internet, title 12, ch. 3, part 11.

Distributing and posting solicitations and responses electronically, § 12-3-1004.

54-9-210. Contract and performance bond — Acceptance of lowest bid — Rejection of bids — Readvertisement.

  1. The department of transportation shall prepare a model contract and performance bond, which the counties, without exception, alteration or modification, shall use, except for filling in appropriate blanks, or spaces, as may be necessary to complete the contract and bond.
  2. The bond shall be executed by a corporate surety authorized to do business in this state.
    1. The committee referred to in § 54-9-209 shall accept, on behalf of the county, the lowest bid, except the committee may reject all bids if the lowest bid exceeds the estimated cost of the project by ten percent (10%); provided, that in the event the committee decides to reject the bid, the presiding officer of the county legislative body shall, within ten (10) days, call the county legislative body into special session to determine whether the bid shall be accepted or rejected.
    2. If the bid is accepted either by the committee or the county legislative body, the contract shall be executed on behalf of the county, by the chief administrative officer of the county highway department, if any, and the presiding officer of the county legislative body, and countersigned by the county clerk, who shall affix the county clerk's seal of office to the contract.
    3. If the county legislative body concurs with the committee in rejecting the bid, the project shall be readvertised in the same way and manner as originally and the low bid shall be accepted and the appropriate county officers shall execute the contract.
    4. The original contract shall be filed in the office of the county clerk, and copies of the contract shall be supplied to the contractor and the county highway department.

Acts 1959, ch. 320, § 10; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 54-853; Acts 1983, ch. 320, § 11.

Cross-References. Advisory committee for use of the Internet, title 12, ch. 3, part 11.

Distributing and posting solicitations and responses electronically, § 12-3-1004.

54-9-211. Inspection by department of transportation — Payments to contractor.

  1. From time to time the department of transportation shall inspect the work as it progresses on the project.
  2. On all county road and highway projects, the contractor shall be entitled to payments on account of the contractor's contract in the same way and manner as payments are made to contractors performing state highway contracts, but no payments shall be made until the state engineer certifies that the work of the contractor, for which the contractor claims payment, has been satisfactorily performed in accordance with the contract.

Acts 1959, ch. 320, § 11; T.C.A., § 54-854; Acts 1983, ch. 320, § 12.

54-9-212. Contractor to furnish evidence of payment in full for materials and labor — Notice of settlement by publication — Claims filed.

  1. Before final acceptance of the project as having been finally completed, the contractor shall furnish evidence to the chief administrative officer of the county highway department, if any, and/or the chief fiscal officer of the county, that all the materials used by the contractor, or the contractor's subcontractors or agents, have been fully paid for and all laborers and other employees working for the contractor, or the contractor's subcontractors or agents, have been fully paid.
  2. When this is done, full settlement may be made with the contractor, but not until thirty (30) days' notice in some newspaper published in the county where the work is done, if there is a newspaper published there, and if not, in a newspaper in an adjoining county, that settlement is about to be made and notifying all claimants to file notice of their claims with the officials, and the period for filing shall not be less than thirty (30) days after the last published notice.
  3. In the event claims are filed, the officials shall withhold a sufficient sum to pay the claims in the same way and manner as is provided for claimants making claims against contractors dealing with the department of transportation in accordance with § 54-5-123, and claimants may bring suits against contractors in the way and manner provided in § 54-5-124, as suits are brought against contractors dealing with the department. Where claims are allowed by the courts, §§ 54-5-126 and 54-5-127 shall be applicable.

Acts 1959, ch. 320, § 12; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-855; Acts 1983, ch. 320, § 13.

Chapter 10
Establishment of Public Roads

Part 1
General Provisions

54-10-101. Public roads and ferries.

All roads and ferries laid out or appointed agreeably to law are to be deemed public roads and ferries.

Code 1858, § 1182 (deriv. Acts 1804, ch. 1, § 1; 1819, ch. 26, § 1); Acts 1891, ch. 1, § 1; integrated in Shan., § 1617; Code 1932, § 2727; T.C.A. (orig. ed.), § 54-901.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Eminent Domain, § 71; 23 Tenn. Juris., Streets and Highways, §§ 2, 8.

Attorney General Opinions. A city or county may not charge a toll or fee on a county or state highway or at the border with another state without express legislative authority, OAG 01-143 (9/4/01).

Comparative Legislation. Establishment of public roads:

Ala.  Code § 11-3-10.

Ark.  Code § 27-66-202 et seq.

Ga. O.C.G.A. § 32-1-1 et seq.

Ky. Rev. Stat. Ann. § 180.010 et seq.; § 184.010 et seq.

Miss.  Code Ann. § 65-7-1 et seq.

Mo. Rev. Stat. § 228.010 et seq.

N.C. Gen. Stat. § 136-44.1; § 136-82.

Va. Code § 33.1-25 et seq.

Cited: Henry County v. Summers, 547 S.W.2d 247, 1976 Tenn. App. LEXIS 227 (Tenn. Ct. App. 1976).

NOTES TO DECISIONS

1. Legislative Control of Roads.

The general assembly has the power to place any reasonable condition upon members of the public for their use of the public roads. Sumner County v. Interurban Transp. Co., 141 Tenn. 493, 213 S.W. 412, 1918 Tenn. LEXIS 112, 5 A.L.R. 765 (1919), overruled in part, Newport v. Brewer, 566 S.W.2d 873, 1978 Tenn. LEXIS 565 (Tenn. 1978).

2. Public Roads.

Roadways acquired under ch. 14 of this title authorized persons without adequate and convenient outlet to public highway to condemn right-of-way across private property of another are public only in the sense that the statutes authorizing them do not violate the constitutional principle that private property cannot be taken for private purpose but only for public use. Vinson v. Nashville, C. & S. L. Ry., 45 Tenn. App. 161, 321 S.W.2d 841, 1958 Tenn. App. LEXIS 120 (Tenn. Ct. App. 1958).

3. —“Public Road” Defined.

The fact that a highway is used chiefly by a private individual and is opened and maintained at his private expense does not make it a private highway where the statute declares it public and the whole public has the right to use the way. Bashor v. Bowman, 133 Tenn. 269, 180 S.W. 326, 1915 Tenn. LEXIS 92 (1915).

A “public road” is a way open to all the people, without distinction, for passage and repassage at their pleasure. Sumner County v. Interurban Transp. Co., 141 Tenn. 493, 213 S.W. 412, 1918 Tenn. LEXIS 112, 5 A.L.R. 765 (1919), overruled in part, Newport v. Brewer, 566 S.W.2d 873, 1978 Tenn. LEXIS 565 (Tenn. 1978).

A public highway is such a passageway as any and all members of the public have an absolute right to use as distinguished from a permissive privilege of using same. Standard Life Ins. Co. v. Hughes, 203 Tenn. 636, 315 S.W.2d 239, 1958 Tenn. LEXIS 229 (1958).

4. —Use of Roads.

Every member of the public has the right to use the public roads in a reasonable manner for the promotion of his health and happiness, but such use is restricted to a use with due care and in a reasonable manner. Sumner County v. Interurban Transp. Co., 141 Tenn. 493, 213 S.W. 412, 1918 Tenn. LEXIS 112, 5 A.L.R. 765 (1919), overruled in part, Newport v. Brewer, 566 S.W.2d 873, 1978 Tenn. LEXIS 565 (Tenn. 1978).

5. —Establishment.

By Acts 1819, ch. 26, parol evidence was admissible to establish the public character of a road and was sufficient to make a prima facie case, until the contrary was made to appear by the production of the county court (now county legislative body) records. Mankin v. State, 32 Tenn. 206, 1852 Tenn. LEXIS 51 (1852).

A statute, providing for the opening of a road through privately owned lands at the instance and primarily for the benefit of an otherwise confined private landowner, is constitutional, as under this section, the road became public on its opening. Derryberry v. Beck, 153 Tenn. 220, 280 S.W. 1014, 1925 Tenn. LEXIS 22 (1926).

Unless a passageway has been created a public way in some manner known to the law, such as by act of the public authorities, or by express dedication of the owner, or by implied dedication by means of the use by the public and acceptance by them with the intention of the owner that the use become public or by adverse user for a period of 20 years continuously creating prescriptive right, it is not a public way. Standard Life Ins. Co. v. Hughes, 203 Tenn. 636, 315 S.W.2d 239, 1958 Tenn. LEXIS 229 (1958).

6. —Acquisition.

Dedication by the landowner, and acceptance and adverse user by the public, are sufficient, without any action of the county legislative body to establish a public road. Young v. State, 17 Tenn. 390, 1836 Tenn. LEXIS 67 (1836); Elkins v. State, 21 Tenn. 543, 1841 Tenn. LEXIS 64 (1841); Worth v. Dawson, 33 Tenn. 59, 1853 Tenn. LEXIS 5 (1853); Scott v. State, 33 Tenn. 629, 1854 Tenn. LEXIS 80 (1854); Russell v. State, 43 Tenn. 119, 1866 Tenn. LEXIS 25 (1866); Anderson v. Turbeville, 46 Tenn. 150, 1868 Tenn. LEXIS 76 (1868); Jackson v. State, 46 Tenn. 532, 1869 Tenn. LEXIS 93 (1869); Mathis v. Parham, 1 Cooper's Tenn. Ch. 533 (1873); Nashville & D. R. R. v. State, 60 Tenn. 55, 1873 Tenn. LEXIS 414 (1873); Scott v. Cheatham, 59 Tenn. 713, 1874 Tenn. LEXIS 39 (1874); Tullahoma v. Gill, 1 Shan. 326 (1874); Sharp v. Mynatt, 69 Tenn. 375, 1878 Tenn. LEXIS 102 (1878); Henderson v. Alloway, 3 Cooper's Tenn. Ch. 688 (1878); Henderson v. Donovan, 81 Tenn. 289, 1884 Tenn. LEXIS 40 (1884); Wilson v. Acree, 97 Tenn. 378, 37 S.W. 90, 1896 Tenn. LEXIS 154 (1896); State ex rel. Kincaid v. Hamilton, 109 Tenn. 276, 70 S.W. 619, 1902 Tenn. LEXIS 74 (1902); McKinney v. Duncan, 121 Tenn. 265, 118 S.W. 683, 1908 Tenn. LEXIS 19 (1909); Doyle v. Chattanooga, 128 Tenn. 433, 161 S.W. 997, 1913 Tenn. LEXIS 60 (1913).

The right to a public way may be acquired by user. Elkins v. State, 21 Tenn. 543, 1841 Tenn. LEXIS 64 (1841); Nashville & D. R. R. v. State, 60 Tenn. 55, 1873 Tenn. LEXIS 414 (1873).

7. —Dedication.

The dedication of a way to the public by one of the several tenants in common, without the consent of the others, either express or implied, is not valid. Scott v. Cheatham, 59 Tenn. 713, 1874 Tenn. LEXIS 39 (1874).

Stipulation in a deed conveying land that a street shall be extended through the same is valid and enforceable. Crutchfield v. Wason Car Works, 67 Tenn. 242, 1874 Tenn. LEXIS 364 (1874); Boyd v. Hunt, 102 Tenn. 495, 52 S.W. 131, 1899 Tenn. LEXIS 73 (1899).

This statute was not intended to destroy the right of dedication to public uses as it has always existed. Roberts v. Columbia, G. & S. F. Turnpike Co., 98 Tenn. 133, 38 S.W. 587, 1896 Tenn. LEXIS 211 (1897).

The dedication by the mortgagor of his mortgaged lands for a public road, where the mortgagee makes no objection, is not invalid for that reason, and third persons cannot object. The mortgagee only can object. Roberts v. Columbia, G. & S. F. Turnpike Co., 98 Tenn. 133, 38 S.W. 587, 1896 Tenn. LEXIS 211 (1897).

A road was sufficiently dedicated to the public for a public road, where it had been accepted by the county court (now county legislative body) as a public road, and hands had been assigned to work it for years. Guinn v. Eaves, 117 Tenn. 524, 101 S.W. 1154, 1906 Tenn. LEXIS 62 (1906).

Remaindermen are not affected by the life tenant's dedication for a road. McKinney v. Duncan, 121 Tenn. 265, 118 S.W. 683, 1908 Tenn. LEXIS 19 (1909).

Among the factors that indicate an intent to dedicate a private as a public road are: The landowner opens a road to public travel; acquiescence in the use of the road as a public road, and the fact the public has used the road for an extended period of time. While dedication is not dependent on duration of the use, extended use is a circumstance tending to show an intent to dedicate. Finally, an intent to dedicate is inferable when the roadway is repaired and maintained by the public. Rogers v. Sain, 679 S.W.2d 450, 1984 Tenn. App. LEXIS 2968 (Tenn. Ct. App. 1984) (road was dedicated by implication as a public road).

An offer of dedication of a private alley as a public alley must be accepted before a dedication to public use is complete. Public acceptance of an offer of dedication may consist of either a formal act on the part of public authorities or common use by the general public. State ex rel. Matthews v. Metropolitan Government of Nashville & Davidson County, 679 S.W.2d 946, 1984 Tenn. LEXIS 881 (Tenn. 1984).

8. —Implied Acceptance.

The acceptance of a street by a city may be implied from a general long continued use thereof by the public, under a claim of right, and such use may operate as an acceptance thereof, so as to bind the dedicator and make the dedication irrevocable. Doyle v. Chattanooga, 128 Tenn. 433, 161 S.W. 997, 1913 Tenn. LEXIS 60 (1913).

9. —Nonuser or Obstruction.

The mere nonuser of a public road will not work an abandonment of the same as against the public, and the right to obstruct a public way cannot rest upon prescription. Elkins v. State, 21 Tenn. 543, 1841 Tenn. LEXIS 64 (1841); Nashville & D. R. R. v. State, 60 Tenn. 55, 1873 Tenn. LEXIS 414 (1873); Sims v. City of Chattanooga, 70 Tenn. 694, 1879 Tenn. LEXIS 224 (1879); Gilson v. State, 73 Tenn. 161, 1880 Tenn. LEXIS 103 (1880); Railroad v. Ferguson, 105 Tenn. 552, 59 S.W. 343, 1900 Tenn. LEXIS 106, 80 Am. St. Rep. 908 (1900).

10. Private Ways.

Requisites of adverse possession are essential to the acquirement of a private road over the land of another, by prescription. McKinney v. Duncan, 121 Tenn. 265, 118 S.W. 683, 1908 Tenn. LEXIS 19 (1909).

Graveled area at side of road on private property of owner of store and service station and used by customers of store and service station, was not a public highway within meaning of insurance policy providing coverage for injuries sustained on public highway. Standard Life Ins. Co. v. Hughes, 203 Tenn. 636, 315 S.W.2d 239, 1958 Tenn. LEXIS 229 (1958).

Collateral References. 39 Am. Jur. 2d Highways, Streets, and Bridges § 21 et seq.

39A C.J.S. Highways § 27 et seq.

Construction or maintenance of sewers, water pipes, or the like by public authorities in roadway, street or alley as indicating dedication or acceptance thereof. 52 A.L.R.2d 263.

Ferries 1 et seq.

Highways 1 et seq.

54-10-102. Power of county legislative body.

The county legislative body has the power to build, repair, and maintain bridges and highways, and pay for the building, repair, and maintenance of bridges and highways out of general county funds, and, through commissioners and a superintendent of the county jail or workhouse, has the power to work certain inmates upon any public highway, with the aid and superintendence of the local commissioner and overseer, or independently of them.

Acts 1891, ch. 1, § 44; Shan., § 1707; mod. Code 1932, § 3016; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-902.

Cross-References. Bridges over rivers through county seat towns, §§ 54-11-21954-11-221.

Commissioners contracting for repair of bridges, § 54-11-225.

Prison labor, § 54-5-128.

Survey of roads to ascertain needed improvements, § 54-10-105.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Bridges, §§ 4, 5; 19 Tenn. Juris., Municipal, State, and County Securities, § 4.

Cited: Cannon County v. McConnell, 152 Tenn. 555, 280 S.W. 24, 1925 Tenn. LEXIS 101 (1926).

NOTES TO DECISIONS

1. Jurisdiction of County Legislative Bodies.

Public roads (under prior law) were to be constructed and maintained with the road labor and funds of the road district in which the roads lie, and the expense thereof could not be paid out of the general county funds, and § 54-13-101 authorizing the county court (now county legislative body) to provide for making private and local improvements, did not authorize such court to pay for the works of public improvements, such as the construction and maintenance of public roads. Hunter v. Justices of Campbell County, 47 Tenn. 49, 1869 Tenn. LEXIS 7 (1869); Grant v. Lindsay, 58 Tenn. 651, 1872 Tenn. LEXIS 315 (1872) (decision under prior law).

Where the jurisdiction of the quarterly county court (now county legislative body) on the subject of establishing, changing, and opening roads is general and exclusive, and the record shows that a competent court was acting, every presumption is in favor of the regularity of its proceedings, and the record in such case cannot be collaterally attacked by one under indictment for obstructing a public road so established. Mankin v. State, 32 Tenn. 206, 1852 Tenn. LEXIS 51 (1852); Stanley v. Sharp, 48 Tenn. 417, 1870 Tenn. LEXIS 79 (1870); Gilson v. State, 73 Tenn. 161, 1880 Tenn. LEXIS 103 (1880).

County courts (now county legislative bodies) have no exclusive jurisdiction over roads, and no jurisdiction except that conferred by statute. White's Creek Turnpike Co. v. Marshall, 61 Tenn. 104, 1872 Tenn. LEXIS 348 (1872); Ledbetter v. Clarksville & R. Turnpike Co., 110 Tenn. 92, 73 S.W. 117, 1902 Tenn. LEXIS 42 (1903), overruled in part, Knierim v. Leatherwood, 542 S.W.2d 806, 1976 Tenn. LEXIS 521 (Tenn. 1976).

The county court (now county legislative body) holds roads in trust for the public, and while it is proprietor for the purpose of its trust, it is not proprietor in the sense that it is the owner of the roads against the public, or any member thereof. Sumner County v. Interurban Transp. Co., 141 Tenn. 493, 213 S.W. 412, 1918 Tenn. LEXIS 112, 5 A.L.R. 765 (1919), overruled in part, Newport v. Brewer, 566 S.W.2d 873, 1978 Tenn. LEXIS 565 (Tenn. 1978).

The county court (now county legislative body) has no power, without legislative authority, to exclude any member of the public from the reasonable use of the public roads. Sumner County v. Interurban Transp. Co., 141 Tenn. 493, 213 S.W. 412, 1918 Tenn. LEXIS 112, 5 A.L.R. 765 (1919), overruled in part, Newport v. Brewer, 566 S.W.2d 873, 1978 Tenn. LEXIS 565 (Tenn. 1978).

2. Power over Bridges.

The power of counties to build bridges has been repeatedly upheld by the Supreme Court, and county's contract for such purpose is enforceable. Boshears v. Foster, 154 Tenn. 494, 290 S.W. 387, 1926 Tenn. LEXIS 148 (1926), and cases cited.

The county court's (now county legislative body's) decision to build is final and not subject to collateral attack. Boshears v. Foster, 154 Tenn. 494, 290 S.W. 387, 1926 Tenn. LEXIS 148 (1926).

Quarterly court (now county legislative body) was authorized to provide for a levy of .14 for repair of county bridges and to make same a part of the budget though no appropriation was made as provided by private act, since power to levy special tax for building of bridges (§ 54-11-208) justified levying of special tax for repair as quarterly court (now county legislative body) was charged with duty of repairing and maintaining bridges. Kivett v. Runions, 191 Tenn. 62, 231 S.W.2d 384, 1950 Tenn. LEXIS 546 (1950).

3. Work on Public Roads.

Under the law as it existed in 1871, it was held that a county court (now county legislative body) had no power to assign inhabitants of an incorporated town to work on public roads outside of its corporate limits. De Tavernier v. Hunt, 53 Tenn. 599, 1871 Tenn. LEXIS 396 (1871).

4. Suits by County.

Commissioner of road district could not sue in his official capacity to enjoin turnpike company from collecting tolls from public on bridged built by it on its own turnpike on the ground that franchise of turnpike company had expired, since county alone was authorized to bring such a suit. Ledbetter v. Clarksville & R. Turnpike Co., 110 Tenn. 92, 73 S.W. 117, 1902 Tenn. LEXIS 42 (1903), overruled in part, Knierim v. Leatherwood, 542 S.W.2d 806, 1976 Tenn. LEXIS 521 (Tenn. 1976).

The public roads and bridges, except where otherwise expressly provided, belong to and are under the control of the several counties in which they are situated, and suits to protect such roads and bridges and to enforce the rights of the public therein, for instance, an injunction bill to prevent an obstruction in the collection of tolls for passage over a bridge, must be brought and prosecuted in the name of the county or in the justices (now judges of the court of general sessions) thereof. Ledbetter v. Clarksville & R. Turnpike Co., 110 Tenn. 92, 73 S.W. 117, 1902 Tenn. LEXIS 42 (1903), overruled in part, Knierim v. Leatherwood, 542 S.W.2d 806, 1976 Tenn. LEXIS 521 (Tenn. 1976).

The county cannot restrain a transportation company from using the public roads and bridges, because of the size of its vehicles, if reasonably used, but the county in such cases might enjoin the employment of a negligent and reckless motorman. Sumner County v. Interurban Transp. Co., 141 Tenn. 493, 213 S.W. 412, 1918 Tenn. LEXIS 112, 5 A.L.R. 765 (1919), overruled in part, Newport v. Brewer, 566 S.W.2d 873, 1978 Tenn. LEXIS 565 (Tenn. 1978).

54-10-103. Classification of roads.

  1. The county legislative bodies shall classify the public roads in the counties, but shall not divide them into more than four (4) classes of widths, as described in § 54-10-104, and shall specify in each class the width of roadbed between ditches and the distance between fences, which dimensions shall be within § 54-10-104, and which classification shall be entered of record in the office of the county clerk in a book to be kept for that purpose.
  2. Before the county legislative body may classify a road as provided in this section, the chief administrative officer of the county highway department shall submit a listing of all county roads to the county legislative body. The listing shall include a summary of all changes from the road listing submitted previously. The summary shall provide the road name, date the change was approved by the county legislative body and the reason for the change, including, but not limited to, opening, closing, reduction or extension in length, or correction of error. The chief administrative officer of the county highway department shall also include recommendations for classifying the roads.

Code 1858, § 1183; Acts 1891, ch. 1, § 11; integrated in Shan., § 1618; Code 1932, § 2728; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; modified; T.C.A. (orig. ed.), § 54-903; Acts 1987, ch. 16, § 1; 1997, ch. 80, § 1; 2013, ch. 308, §§ 35, 36.

Amendments. The 2013 amendment deleted “at a January session” preceding “, but shall not divide” in (a); and substituted “previously” for “the previous year” at the end of the second sentence in (b).

Effective Dates. Acts 2013, ch. 308, § 46. July 1, 2013.

Cross-References. Width and character of highways in municipalities, § 54-5-202.

Textbooks. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 30.

Attorney General Opinions. County highway superintendent's duties, OAG 99-005 (1/25/99).

A county has no authority to assume control of a state road that lies within the boundaries of a state park or state forest and place it on its list of county roads under T.C.A. § 54-10-103, or under any other provision of Title 54 of the Code; such roads are under the control of the state, OAG 00-100 (5/24/00).

NOTES TO DECISIONS

1. Power to Delegate Authority.

By Acts 1804, ch. 1, § 17, authority to designate the bounds within which the persons residing on roads should be subject to work on each road was vested in the justices of the county court (now members of the county legislative body), this power could not be delegated and the designation of hands by two (former) justices appointed for that purpose was invalid. Wilson v. Bryan, 14 Tenn. 485, 1834 Tenn. LEXIS 122 (1834) (decision under prior law).

54-10-104. Classes and specifications of roads — Working and grading.

  1. All roads laid off and worked under this chapter shall be known and classified as roads of the first, second, third and fourth class.
  2. Roads of the first class shall be not more than one hundred feet (100') nor less than twenty-four feet (24') wide; roads of the second class, not more than forty feet (40') nor less than eighteen feet (18') wide; roads of the third class, not more than thirty feet (30') nor less than fourteen feet (14') wide; and roads of the fourth class, not more than twenty feet (20') nor less than ten feet (10') wide.
  3. All roads of the first class shall have worked a roadbed of at least twenty feet (20') as the minimum width for first class roads, sixteen feet (16') for roads of the second class, twelve feet (12') for roads of the third class, and eight feet (8') for roads of the fourth class; and, in constructing the roadbed, concrete, broken stones or gravel or other material approved by the department of transportation shall be used, when concrete, broken stones, gravel or other approved material can be conveniently obtained, to form the surface; provided, that where it is possible and practicable, the roadbeds shall be graded with a fall of one inch (1") to the foot from the center of road to the ditches.
  4. Overseers shall also maintain ditches at each side of the roadbed adequate to drain the roadbed.
  5. The county legislative body may require sections of roads near populous cities to have roadbeds graded to any width not beyond the maximum width allowed in this section for all roads of the class; and when the condition of the road requires it, timbers shall be employed to construct the roadbed in whatever way the commissioner may direct, and, if practicable, the commissioner may have wet or spouty places underdrained by tile draining.

Acts 1891, ch. 1, § 26; Shan., § 1619; mod. Code 1932, § 2729; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-904; Acts 1981, ch. 264, § 12.

Cross-References. Width and character of highways in municipalities, § 54-5-202.

Textbooks. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 30.

Cited: Vinson v. Nashville, C. & S. L. Ry., 45 Tenn. App. 161, 321 S.W.2d 841, 1958 Tenn. App. LEXIS 120 (Tenn. Ct. App. 1958).

NOTES TO DECISIONS

Decisions Under Prior Law

1. Jurisdiction over Roads.

A county court (now county legislative body) had no jurisdiction over turnpike roads, or railroads, or any roads other than the four classes designated by law. White's Creek Turnpike Co. v. Marshall, 61 Tenn. 104, 1872 Tenn. LEXIS 348 (1872).

2. Classification of Roads.

No appeal lies from a controversy as to the “classification” of a public road. Goldman v. Justices of Grainger County, 40 Tenn. 107, 1859 Tenn. LEXIS 32 (1859). See Carey v. Justices of Campbell County, 37 Tenn. 515, 1858 Tenn. LEXIS 52 (1858); Meruit v. Pryor, 86 Tenn. 155, 5 S.W. 534, 1887 Tenn. LEXIS 32 (1887).

A public road, however established, was not affected in its public character by the failure of the county court (now county legislative body) to classify it, or to appoint an overseer and assign hands to it. Nashville & D. R. R. v. State, 60 Tenn. 55, 1873 Tenn. LEXIS 414 (1873); Gilson v. State, 73 Tenn. 161, 1880 Tenn. LEXIS 103 (1880).

54-10-105. Survey of roads to ascertain needed improvements — Estimates.

  1. Any county legislative body, a majority of the members assenting, may elect or appoint three (3) commissioners authorized to employ engineers and other necessary and expert service to survey, inspect, and classify all roads that have already been laid off or accepted by the county as public roads, and make maps and charts of the roads, showing the changes and improvements that public interest requires to be made on the roads.
  2. The employed personnel and necessary and expert service may also survey, inspect, lay off, and classify any new road or roads, or extension of old roads that, in the opinion of the commission, the public welfare requires to be opened or extended.
  3. The improvements authorized by this section include grading, filling, extending, metaling, ditching, widening, bridging, draining and ditching, piping, sewering, and crossings of roads, as well as all necessary material required in the construction of the road, roads, and crossings.
  4. The commission shall ascertain and report in detail the probable or approximate cost of making the improvements, together with the probable damages that will be done to adjacent lands by the changes.

Acts 1891, ch. 211, § 1; Shan., § 1686; Code 1932, § 2959; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-920.

54-10-106. Report of acts and recommendations.

The commission shall make a full report of its acts and recommendations to the county legislative body quarterly, attaching to the report maps, charts, plans, and specifications, itemized and showing in detail the estimated costs of the proposed improvements.

Acts 1891, ch. 211, § 2; Shan., § 1687; Code 1932, § 2960; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-921.

54-10-107. Adoption and recording of report.

When the report of the commission is submitted to the county legislative body, the county legislative body shall take a vote on the report, and, if a majority of the members vote for adopting the report of the commissioners, the vote shall be entered of record and the report spread upon the minutes.

Acts 1891, ch. 211, § 3; Shan., § 1688; Code 1932, § 2961; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-922.

54-10-108. [Repealed.]

Acts 1889, ch. 148, § 1; Shan., § 1683; Code 1932, § 2956; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-923; repealed by Acts 2013, ch. 308, § 37, effective July 1, 2013.

Compiler's Notes. Former § 54-10-108 concerned erection of gates across public roads.

54-10-109. [Repealed.]

Acts 1889, ch. 148, § 2; Shan., § 1684; Code 1932, § 2957; T.C.A. (orig. ed.), § 54-924; repealed by Acts 2013, ch. 308, § 37, effective July 1, 2013.

Compiler's Notes. Former § 54-10-109 concerned kinds and maintenance of gates.

54-10-110. [Repealed.]

Acts 1891, ch. 1, § 29; Shan., § 1677; mod. Code 1932, § 2804; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 54-925; Acts 1989, ch. 591, § 113; 2003, ch. 90, § 2; repealed by Acts 2013, ch. 308, § 37, effective July 1, 2013.

Compiler's Notes. Former § 54-10-110 concerned fines and penalties of obstruction of roads.

54-10-111. Designation of bicycle routes.

The county legislative body of each county may designate and appropriately mark on appropriate county roads, or portions of county roads, routes for the use of bicycles.

Acts 1994, ch. 909, § 3.

Cross-References. Designation of bicycle routes, §§ 54-5-142, 54-5-211.

54-10-112. Possession of municipal or county traffic control sign prohibited.

  1. The possession of a municipal or county traffic control sign erected upon any municipal or county street, road or highway by any person who is not an employee of a municipal or county highway department, or who has not entered into a contract with a municipality or county for the sale or erection of a traffic control sign, is a Class B misdemeanor punishable by a fine only of no more than five hundred dollars ($500). The possession of each traffic control sign in violation of this section shall be considered a separate offense.
  2. This section shall only apply to a municipal or county traffic control sign that contains markings or other form of identification on the traffic control sign indicating the municipality or county that erected or caused to be erected the sign, and the date the sign was acquired or erected by the municipality or county.
  3. In addition to the fine provided for in subsection (a), any person convicted of a violation of this section shall also be required to pay restitution to the highway department that erected or caused to be erected the traffic control sign, for the costs of replacing the sign. The highway department shall submit information documenting the costs of replacement for the judge to review. After review, the judge shall order the appropriate amount of restitution, which shall be distributed directly to the highway department.
  4. This section shall only apply to municipal or county traffic control signs that are acquired or erected after July 1, 1998.

Acts 1998, ch. 917, § 1.

Cross-References. Penalty for Class B misdemeanor, § 40-35-111.

Vandalism of state highway structures, § 54-1-134.

54-10-113. Possession of municipal or county street, road or highway sign prohibited.

  1. The possession of a municipal or county street, road or highway sign erected upon any municipal or county street, road or highway by any person who is not an employee of a municipal or county highway department, or who has not entered into a contract with a municipality or county for the sale or erection of a street, road or highway sign, is a Class B misdemeanor punishable by a fine only of not more than five hundred dollars ($500). The possession of each street, road or highway sign in violation of this section shall be considered a separate offense.
  2. This section shall only apply to a municipal or county road, street or highway sign that contains markings or other form of identification on the sign indicating the municipality or county that erected or caused to be erected the sign, and the date the sign was acquired or erected by such municipality or county.
  3. In addition to the fine provided for in subsection (a), any person convicted of a violation of this section shall also be required to pay restitution to the highway department that erected or caused to be erected the street, road or highway sign, for the costs of replacing the sign. The highway department shall submit information documenting the costs of replacement for the judge to review. After review, the judge shall order the appropriate amount of restitution, which shall be distributed directly to the highway department.
  4. This section shall only apply to municipal or county street, road or highway signs that are acquired or erected after July 1, 1998.

Acts 1998, ch. 917, § 1.

Cross-References. Penalty for Class B misdemeanor, § 40-35-111.

Vandalism of state highway structures, § 54-1-134.

Part 2
Opening, Closing or Changing Public Roads

54-10-201. Changing or closing roads — Application by petition.

All applications to open, change, or close a road shall be made by written petition, signed by the applicant, to the commissioner of the district through which the road runs or is asked to be located, specifying in particular the changes or action asked; or, if the road extends into two (2) or more districts, or is the dividing line between districts, then to the commissioners of the districts.

Acts 1891, ch. 1, § 14; Shan., § 1620; Code 1932, § 2730; T.C.A. (orig. ed.), § 54-905.

Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Private Ways, § 3; 23 Tenn. Juris., Streets and Highways, § 52.

Cited: Vinson v. Nashville, C. & S. L. Ry., 45 Tenn. App. 161, 321 S.W.2d 841, 1958 Tenn. App. LEXIS 120 (Tenn. Ct. App. 1958); Hargis v. Collier, 578 S.W.2d 953, 1978 Tenn. App. LEXIS 332 (Tenn. Ct. App. 1978); Montgomery v. Carter County, 226 F.3d 758, 2000 FED App. 325P, 2000 U.S. App. LEXIS 23383 (6th Cir. Tenn. 2000).

NOTES TO DECISIONS

1. Power to Open or Change Roads.

The power to open or change public roads is a prerogative of sovereignty, and when delegated to the county court (now county legislative body), such power is exercised by it as a police or legislative function, rather than a judicial act, but the act is judicial where the courts undertake to adjudicate the rights of parties in a case properly within their jurisdiction, as the amount of compensation and damages to which the landowner is entitled. Franklin & Columbia Turnpike Co. v. County Court of Maury, 27 Tenn. 342, 1842 Tenn. LEXIS 177 (1842); Grant v. Lindsay, 58 Tenn. 651, 1872 Tenn. LEXIS 315 (1872); Hawkins v. Justices of Trousdale County, 80 Tenn. 351, 1883 Tenn. LEXIS 179 (1883); Grainger County v. State, 111 Tenn. 234, 80 S.W. 750, 1903 Tenn. LEXIS 22 (1904); Prescott v. Duncan, 126 Tenn. 106, 148 S.W. 229, 1912 Tenn. LEXIS 50 (1912).

2. Rights of Abutting Owners.

The private rights of ingress and egress of abutting owners cannot be taken by a closing without making compensation. Hill v. Hoffman, 58 S.W. 929, 1899 Tenn. Ch. App. LEXIS 187 (1899).

Action of county in closing road cannot affect private rights of ingress and egress of abutting owners in absence of provisions for compensation for loss of easement. Paschall v. Valentine, 45 Tenn. App. 131, 321 S.W.2d 568, 1958 Tenn. App. LEXIS 118 (Tenn. Ct. App. 1958).

3. Determination of Ownership.

It was error for court in equity to declare the ownership rights to an old road where there was no showing that the procedures for closing roads were followed. Collins v. Thomas, 495 S.W.2d 201, 1973 Tenn. App. LEXIS 308 (Tenn. Ct. App. 1973).

4. Unauthorized Changing or Closing.

Where no effort was made to comply with this section or § 54-10-202, but there was no proof that plaintiffs or anyone else would be inconvenienced by the closing of part of a road and replacing it with a wider road, and no proof that defendants who owned the property affected acted illegally or in bad faith, the court of appeals held that to issue a mandatory injunction to reopen the road and remove a building under construction would work an injustice on defendants. Henry County v. Summers, 547 S.W.2d 247, 1976 Tenn. App. LEXIS 227 (Tenn. Ct. App. 1976), rehearing denied, 547 S.W.2d 247, 1976 Tenn. App. LEXIS 228 (Tenn. Ct. App. 1976).

Decisions Under Prior Law

1. Power to Open or Change Roads.

The proper mode of making application for opening or changing a public road was by petition, and such petition could be required, but a less formal application would be good if entertained without objection. McWhirter v. Cockrell, 39 Tenn. 9, 1858 Tenn. LEXIS 243 (1858); Hawkins v. Justices of Trousdale County, 80 Tenn. 351, 1883 Tenn. LEXIS 179 (1883).

An order of the county court (now county legislative body) authorizing a change in a road could not be attacked by aliunde, which showed that the county court did not base its action on the report of a jury of view. Stanley v. Sharp, 48 Tenn. 417, 1870 Tenn. LEXIS 79 (1870); Stanley v. Sharp, 48 Tenn. 417, 1870 Tenn. LEXIS 79 (1870).

2. Unauthorized Changing or Closing.

Under the prior law, if a private person obstructed a public road and changed its course without authority, a fresh cause of action for the penalty accrued at the end of each month, from the time of obstruction, and the statute of limitations formed no bar as to monthly penalties accruing within 12 months. Bufford v. Hinson, 40 Tenn. 573, 1859 Tenn. LEXIS 171 (1859).

Under the prior law, an unauthorized change by a private individual might be ratified, in which case the one making the change was not liable for any penalty. Bufford v. Hinson, 40 Tenn. 573, 1859 Tenn. LEXIS 171 (1859).

Collateral References.

Alteration or relocation of street or highway as discontinuance of parts not included. 158 A.L.R. 543.

Necessity for adhering to statutory procedure prescribed for vacation or discontinuance of street or highway. 175 A.L.R. 760.

State highway, vacation of street or road constituting part of. 144 A.L.R. 311.

What justifies discontinuance of highway. 68 A.L.R. 794.

Highways 69 et seq.

54-10-202. Notice to interested parties of action to open or close.

No road shall be opened, changed, or closed, without giving at least five-days' notice to all interested parties of the time the road or roads are to be opened, changed, or closed, and a surveyor or civil engineer may be employed, if necessary, to locate the interested parties. Landowners and those controlling land touched by the proposed highway shall be deemed interested parties.

Acts 1891, ch. 1, § 14; Shan., § 1621; Code 1932, § 2731; T.C.A. (orig. ed.), § 54-906.

Textbooks. Tennessee Jurisprudence, 23 Tenn. Juris., Streets and Highways, §§ 7, 10, 55.

Law Reviews.

Real Property — 1954 Tennessee Survey, 7 Vand. L. Rev. 921.

Cited: Hargis v. Collier, 578 S.W.2d 953, 1978 Tenn. App. LEXIS 332 (Tenn. Ct. App. 1978); Lawrence County v. Shaffer, — S.W.3d —, 2009 Tenn. App. LEXIS 66 (Tenn. Ct. App. Feb. 12, 2009).

NOTES TO DECISIONS

1. “Interested Parties.”

Suits by and against the county may be instituted in the name of the county alone, without naming the (former) justices. Ledbetter v. Clarksville & R. Turnpike Co., 110 Tenn. 92, 73 S.W. 117, 1902 Tenn. LEXIS 42 (1903), overruled in part, Knierim v. Leatherwood, 542 S.W.2d 806, 1976 Tenn. LEXIS 521 (Tenn. 1976).

2. Notice.

Where an attempt is made to close a public road and no notice was served on abutting owners of property, action of the road authorities in closing same is void, and a bill is maintainable to restrain an obstruction established in such attempted closing. An exception to such bill on the ground that an abutting owner was not a party was properly overruled. Hill v. Hoffman, 58 S.W. 929, 1899 Tenn. Ch. App. LEXIS 187 (1899).

Where no effort was made to comply with this section or § 54-10-201, but there was no proof that plaintiffs or anyone else would be inconvenienced by the closing of part of a road and replacing it with a wider road, and no proof that defendants who owned the property affected acted illegally or in bad faith, the court of appeals held that to issue a mandatory injunction to reopen the road and remove a building under construction would work an injustice on defendants. Henry County v. Summers, 547 S.W.2d 247, 1976 Tenn. App. LEXIS 227 (Tenn. Ct. App. 1976), rehearing denied, 547 S.W.2d 247, 1976 Tenn. App. LEXIS 228 (Tenn. Ct. App. 1976).

3. Waiver of Notice.

Notice of the contemplated opening of a public road is waived by the landowner, where he appeals to the county court (now county legislative body), and there contests, on the merits, the opening of the road. Lafollette v. Tiller, 105 Tenn. 536, 58 S.W. 1065 (1900).

4. Determination of Ownership.

It was error for court in equity to declare the ownership rights to an old road where there was no showing that the procedures for closing roads were followed. Collins v. Thomas, 495 S.W.2d 201, 1973 Tenn. App. LEXIS 308 (Tenn. Ct. App. 1973).

Decisions Under Prior Law

1. “Interested Parties.”

In a contest respecting the establishment of a public road, the county, on one side, and the persons interested or injured in the premises, on the other side, are the proper and necessary parties. Evans v. Shields, 40 Tenn. 70, 1859 Tenn. LEXIS 22 (1859), overruled, Mayor, etc., of Nashville v. Wilson, 88 Tenn. 407, 12 S.W. 1082, 1889 Tenn. LEXIS 63 (1890); Beard v. Campbell County Justices, 40 Tenn. 97, 1859 Tenn. LEXIS 29 (1859); Goldman v. Justices of Grainger County, 40 Tenn. 107, 1859 Tenn. LEXIS 32 (1859); Cannon v. McAdams, 54 Tenn. 376, 1872 Tenn. LEXIS 62 (1872), overruled, Mayor, etc., of Nashville v. Wilson, 88 Tenn. 407, 12 S.W. 1082, 1889 Tenn. LEXIS 63 (1890); Hawkins v. Justices of Trousdale County, 80 Tenn. 351, 1883 Tenn. LEXIS 179 (1883); Meruit v. Pryor, 86 Tenn. 155, 5 S.W. 534, 1887 Tenn. LEXIS 32 (1887); Ledbetter v. Clarksville & R. Turnpike Co., 110 Tenn. 92, 73 S.W. 117, 1902 Tenn. LEXIS 42 (1903), overruled in part, Knierim v. Leatherwood, 542 S.W.2d 806, 1976 Tenn. LEXIS 521 (Tenn. 1976); Montgomery County v. Clarksville & R. Turnpike Co., 120 Tenn. 76, 109 S.W. 1152, 1907 Tenn. LEXIS 40 (1908).

Interested parties were only such as were peculiarly concerned, on account of some special interest in the matter not common to others. Goldman v. Justices of Grainger County, 40 Tenn. 107, 1859 Tenn. LEXIS 32 (1859).

2. Notice.

The applicant for the establishment of the public road will go to trial at his peril without giving the requisite notice to the persons over whose land the proposed road runs. Hawkins v. Justices of Trousdale County, 80 Tenn. 351, 1883 Tenn. LEXIS 179 (1883).

54-10-203. Nonresident landowners notified.

If any owner of the land affected by the opening, changing, or closing of a public highway is a nonresident, then notice to the owner's agent or attorney, if the owner's agent or attorney resides in the county, shall be sufficient. If there is no such agent or attorney, then the notice shall be made by publication for four (4) consecutive weeks in the newspaper having the greatest circulation in the county, the last publication to be at least one (1) week before the hearing.

Acts 1891, ch. 1, § 14; Shan., § 1622; Code 1932, § 2732; T.C.A. (orig. ed.), § 54-907.

Cited: Hargis v. Collier, 578 S.W.2d 953, 1978 Tenn. App. LEXIS 332 (Tenn. Ct. App. 1978).

54-10-204. Jury of view — Members — Oath.

  1. Where the opening, changing, or closing of a public highway only affects one (1) commissioner's district, the commissioner shall associate with two (2) other freeholders of the district with whom the commissioner has never consulted on the question involved, and who shall be in no way related to the parties affected by the opening, changing, or closing of the highway, and who shall take and subscribe to an oath before the commissioner to act without favor or partiality in the matter, whose oaths, thus subscribed, shall become part of the record, upon appeal being taken.
  2. The commissioner and two (2) freeholders shall constitute a jury of view.

Acts 1891, ch. 1, § 14; Shan., § 1623; Code 1932, § 2733; T.C.A. (orig. ed.), § 54-908.

Textbooks. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 220; 23 Tenn. Juris., Streets and Highways, § 7.

Cited: Hargis v. Collier, 578 S.W.2d 953, 1978 Tenn. App. LEXIS 332 (Tenn. Ct. App. 1978).

NOTES TO DECISIONS

1. Qualifications for Jury.

The fact that one of the two associates of the commissioner, who constitute the jury of view for opening a public road, is not a freeholder, becomes immaterial where the case reaches the circuit court and is there heard de novo. Lafollette v. Tiller, 105 Tenn. 536, 58 S.W. 1065 (1900).

2. Rights of Abutting Owners.

The private rights of ingress and egress of abutting owners cannot be taken by a closing without making compensation. Hill v. Hoffman, 58 S.W. 929, 1899 Tenn. Ch. App. LEXIS 187 (1899).

Action of county in closing road cannot affect private rights of ingress and egress of abutting owners in absence of provisions for compensation for loss of easement. Paschall v. Valentine, 45 Tenn. App. 131, 321 S.W.2d 568, 1958 Tenn. App. LEXIS 118 (Tenn. Ct. App. 1958).

Decisions Under Prior Law

1. Oath of Jury.

Since a broad appeal upon the merits has been given by § 54-10-206, and the trial in the circuit court is de novo, the failure to show that the jury of view was sworn becomes immaterial. Patton v. Clark, 17 Tenn. 268, 1836 Tenn. LEXIS 39 (1836).

2. Appointment of Jury.

Under this section as it formerly stood, a jury of view might be appointed at any term of the county court (now county legislative body), but its report had to be made to a quarterly court (now county legislative body), when the road was to be laid out and established by a majority of nine justices. Justices of Greene County v. Graham, 65 Tenn. 77, 1873 Tenn. LEXIS 305 (1873).

54-10-205. Damages — Payment.

The jury of view has the power of condemnation and to assess damages, which shall be paid out of the general funds raised for county purposes, upon the order of the commissioner on the county mayor, who shall issue a warrant if the county mayor approves the order.

Acts 1891, ch. 1, § 14; Shan., § 1624; Code 1932, § 2734; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 54-909; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Acquiring lands and rights-of-way for roads by eminent domain, title 29, ch. 17, part 8.

Survey of roads to ascertain needed improvements, § 54-10-105.

Cited: Hargis v. Collier, 578 S.W.2d 953, 1978 Tenn. App. LEXIS 332 (Tenn. Ct. App. 1978).

NOTES TO DECISIONS

1. Payment of Damages.

Under a proceeding to open and establish a public road, the damages assessed should be paid out of the general funds of the county, and not out of the funds of a particular road district. Carroll v. Griffith, 117 Tenn. 500, 97 S.W. 66, 1906 Tenn. LEXIS 60 (1906); Stokes v. Dobbins, 158 Tenn. 350, 13 S.W.2d 321, 1928 Tenn. LEXIS 161 (1928).

2. Incidental Damages.

Landowner is entitled to recover incidental damages but in assessing incidental damages it is proper to take into consideration any incidental benefits to the land. Maury County Rd. Comm'rs v. Jones, 1 Tenn. Civ. App. (1 Higgins) 710 (1911).

Decisions Under Prior Law

1. Refusal to Pay Damages.

Where the road had been already established, and the county court (now county legislative body) refused to pay the damages allowed, the landowner could not lawfully close the road, and if he shut it up, he was indictable. Wetherspoon v. State, 8 Tenn. 118 (1827).

Mandamus lay to compel the county court (now county legislative body) to pay the damages awarded by a jury of view for laying out a road, where the court acquiesced in the report, but refused payment. Justices of Williamson v. Jefferson, 41 Tenn. 419, 1860 Tenn. LEXIS 85 (1860).

54-10-206. Appeals from action of jury of view.

  1. Any person aggrieved by the action of the jury of view may appeal to the court of general sessions, and from there to the circuit and appellate courts.
  2. In case of an appeal, the jury of view shall forward all the papers in the case, with its action on the case, to the court of general sessions to which appeal was made.

Acts 1891, ch. 1, § 14; Shan., § 1625; mod. Code 1932, § 2735; impl. am. Acts 1978, ch. 934, § 36; T.C.A. (orig. ed.), § 54-910.

Textbooks. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, §§ 30, 45; 23 Tenn. Juris., Streets and Highways, § 12.

Law Reviews.

The Tennessee Court System — Circuit Court (Frederic S. LeClercq), 8 Mem. St. U.L. Rev. 241.

Cited: Hargis v. Collier, 578 S.W.2d 953, 1978 Tenn. App. LEXIS 332 (Tenn. Ct. App. 1978).

NOTES TO DECISIONS

1. Trial by Court.

No jury for trial in the circuit court. McWhirter v. Cockrell, 39 Tenn. 9, 1858 Tenn. LEXIS 243 (1858); Evans v. Shields, 40 Tenn. 70, 1859 Tenn. LEXIS 22 (1859), overruled, Mayor, etc., of Nashville v. Wilson, 88 Tenn. 407, 12 S.W. 1082, 1889 Tenn. LEXIS 63 (1890); Beard v. Campbell County Justices, 40 Tenn. 97, 1859 Tenn. LEXIS 29 (1859); Hawkins v. Justices of Trousdale County, 80 Tenn. 351, 1883 Tenn. LEXIS 179 (1883); Tennessee C. R. Co. v. Campbell, 109 Tenn. 655, 73 S.W. 112, 1902 Tenn. LEXIS 97 (1903).

2. Appeal to General Sessions Court.

On appeal from the action of the jury of view in a proceeding to open, change, or close a public road, the original papers shall be sent to the county court (now general sessions court). Lafollette v. Tiller, 105 Tenn. 536, 58 S.W. 1065 (1900).

3. Appeal to Circuit Court.

4. —Final Judgment.

In road cases before the county court (now general sessions court), an appeal will lie only from the final judgment, and there is no such final judgment where the report of the jury of view was excepted to, and the exceptions disallowed, and the report confirmed in all things, except that part assessing the damages, which the court left open, and rendered no judgment establishing the road. Evans v. Shields, 40 Tenn. 70, 1859 Tenn. LEXIS 22 (1859), overruled, Mayor, etc., of Nashville v. Wilson, 88 Tenn. 407, 12 S.W. 1082, 1889 Tenn. LEXIS 63 (1890); Cawthon v. Searcy, 80 Tenn. 649, 1883 Tenn. LEXIS 219 (1883); Payne v. Satterfield, 114 Tenn. 58, 84 S.W. 800, 1904 Tenn. LEXIS 70 (1904).

5. —Transcript of Papers.

Upon appeal to the circuit court from the county court (now general sessions court) in a proceeding to open, change, or close a public road, a transcript of the record, and not the original papers, should be sent up, and it is not necessary that the seal of the county court be placed to the certificate to the transcript. Lafollette v. Tiller, 105 Tenn. 536, 58 S.W. 1065 (1900).

6. —Parties.

The road commissioner is an interested party to the extent that he may prosecute an appeal to the circuit court from the judgment of the county court (now general sessions court) refusing to sustain his action in opening the road. Lafollette v. Tiller, 105 Tenn. 536, 58 S.W. 1065 (1900).

7. —Time For Hearing.

A proceeding to open, change, or close a public road is triable at the term to which the appeal is taken, where the transcript of the record is filed on the first day of that term. Lafollette v. Tiller, 105 Tenn. 536, 58 S.W. 1065 (1900).

8. —Trial De Novo.

Upon appeal from the county court (now general sessions court) to the circuit court, the trial upon the merits is de novo, and not as on writ of error, or on appeal in the nature of an appeal in error. Towson v. Debow, 37 Tenn. 193, 1857 Tenn. LEXIS 104 (1856); Hawkins v. Justices of Trousdale County, 80 Tenn. 351, 1883 Tenn. LEXIS 179 (1883); Lafollette v. Tiller, 105 Tenn. 536, 58 S.W. 1065 (1900).

Decisions Under Prior Law

1. General Sessions Court.

2. —Function of Jury of View.

The report of the jury of view was only intended to inform the county court (now general sessions court) of the facts, by which such court might be enabled to act on the subject, and would have no weight with the circuit court where the facts are fully investigated in that court by the introduction of witnesses, for the report of a jury of view is altogether superseded by a broad appeal upon the merits. Patton v. Clark, 17 Tenn. 268, 1836 Tenn. LEXIS 39 (1836); Hawkins v. Justices of Trousdale County, 80 Tenn. 351, 1883 Tenn. LEXIS 179 (1883).

The object of a jury of view was to bring before the court the facts upon which the court was to determine whether the application for laying out and establishing a road should be granted, but, upon the return of the jury of view, the case was open for proof on both sides, as to the propriety of laying out and establishing the road. Justices of Greene County v. Graham, 65 Tenn. 77, 1873 Tenn. LEXIS 305 (1873); Hawkins v. Justices of Trousdale County, 80 Tenn. 351, 1883 Tenn. LEXIS 179 (1883).

The circuit court could properly refuse to confirm the report of a jury of view, which, while locating the road over the land of the applicant, contained conditions for his benefit, and not for the public. The circuit court should, however, have heard the proof offered by the appellant, and have determined the case. Hawkins v. Justices of Trousdale County, 80 Tenn. 351, 1883 Tenn. LEXIS 179 (1883).

3. —Confirmation of Jury's Report.

It was not necessary to the establishment and existence of a public road that the county court (now general sessions court) should, in addition to confirming the report of the jury of view laying it off, have appointed an overseer or have assigned hands to work the road, if in fact the road would have been actually opened in conformity with the order of the court and have been used by the public. Gilson v. State, 73 Tenn. 161, 1880 Tenn. LEXIS 103 (1880).

4. —Issues.

While the appeal vacated the action of the county court (now general sessions court), the petition, the order for the jury of view, and their report constituted in both courts the issue to have been tried, and upon which proof could be offered as in other cases, and judgment taken. Justices of Greene County v. Graham, 65 Tenn. 77, 1873 Tenn. LEXIS 305 (1873); Hawkins v. Justices of Trousdale County, 80 Tenn. 351, 1883 Tenn. LEXIS 179 (1883).

5. —Parties Entitled to Appeal.

Only those peculiarly concerned, on account of some special interest in the matter not common to others, and not a petitioner unless so interested, might appeal in controversies about public roads. Goldman v. Justices of Grainger County, 40 Tenn. 107, 1859 Tenn. LEXIS 32 (1859); Meruit v. Pryor, 86 Tenn. 155, 5 S.W. 534, 1887 Tenn. LEXIS 32 (1887).

Any party interested or aggrieved by the decision of the county court (now general sessions court), in a road case, might appeal to the circuit court, and from there to the Supreme Court. Shields v. Justices of Greene County, 42 Tenn. 60, 1865 Tenn. LEXIS 16 (1865).

A petitioner for the establishment of a public road passing by his gristmill was directly interested, and was aggrieved by the action of the county court (now general sessions court), in refusing to hear the case and in dismissing his petition. Shields v. Justices of Greene County, 42 Tenn. 60, 1865 Tenn. LEXIS 16 (1865).

6. —Remedy If Appeal Refused.

Where the county court (now general sessions court), in a contested road case, wrongfully refuses an appeal, a writ of certiorari will be awarded to bring the case to the circuit court. Shields v. Justices of Greene County, 42 Tenn. 60, 1865 Tenn. LEXIS 16 (1865).

7. Circuit Court.

8. —Discretion of Circuit Court.

When a road case comes into the circuit court, the judge has the discretion to allow such amendments of the proceedings as he may deem proper. Justices of Greene County v. Graham, 65 Tenn. 77, 1873 Tenn. LEXIS 305 (1873); Hawkins v. Justices of Trousdale County, 80 Tenn. 351, 1883 Tenn. LEXIS 179 (1883).

It was discretionary with the circuit judge whether to appoint a new jury of view in a road case appealed from the county court (now general sessions court) to the circuit court. Justices of Greene County v. Graham, 65 Tenn. 77, 1873 Tenn. LEXIS 305 (1873); Hawkins v. Justices of Trousdale County, 80 Tenn. 351, 1883 Tenn. LEXIS 179 (1883).

9. —Affirmance of General Sessions Court.

If the proceedings of the county court (now general sessions court) were regular, and the appellant offered no proof, the action of the county court could be affirmed on appeal to the circuit court. Hawkins v. Justices of Trousdale County, 80 Tenn. 351, 1883 Tenn. LEXIS 179 (1883).

10. Supreme Court.

While, in general, the county courts (now general sessions courts) are infinitely more competent to determine questions respecting roads than the supreme court, yet the supreme court would be constrained to reverse the order of the county court establishing a public road, where the road operated as a considerable injury to an individual, and a few individuals only were benefited. White's Case, 2 Tenn. 109, 1808 Tenn. LEXIS 5 (1808).

The supreme court would affirm the judgment of the circuit judge reversing the action of the county court (now general sessions court) in establishing a public road, where the advisability of the road was doubtful, and only a small number of a small community would be benefited thereby, and very serious harm would have been done to an individual by the establishment of the road over his land. McWhirter v. Cockrell, 39 Tenn. 9, 1858 Tenn. LEXIS 243 (1858).

54-10-207. Costs and damages accruing in suit — Payment.

  1. All costs accruing in the suit shall be paid by the appellant, if the action of the jury of view is sustained by the court giving final decision, unless for good reason it should otherwise order.
  2. Should the case be decided against the action of the jury of view, then all costs and any additional damages assessed by the court shall be paid out of the general fund raised for the current county purposes.

Acts 1891, ch. 1, § 14; Shan., § 1626; Code 1932, § 2736; T.C.A. (orig. ed.), § 54-911.

Cited: Hargis v. Collier, 578 S.W.2d 953, 1978 Tenn. App. LEXIS 332 (Tenn. Ct. App. 1978).

NOTES TO DECISIONS

Decisions Under Prior Law

1. Taxation of Costs.

A county's proceeding to condemn land for a public road is in the nature of a civil suit, and, under § 20-12-101 the costs follow the result of the cause. Senaker v. Justices of Sullivan, 36 Tenn. 116, 1856 Tenn. LEXIS 65 (1856); Justices of Greene County v. Graham, 65 Tenn. 77, 1873 Tenn. LEXIS 305 (1873); Hawkins v. Justices of Trousdale County, 80 Tenn. 351, 1883 Tenn. LEXIS 179 (1883).

2. Costs of Witnesses.

Where no judgment could be rendered for want of proper parties, or for want of jurisdiction, the witnesses and officers must be left to their remedies against the parties by whom they were respectively summoned, or for whom they may have rendered services, so far as such parties may be liable by law. Cannon v. McAdams, 54 Tenn. 376, 1872 Tenn. LEXIS 62 (1872), overruled, Mayor, etc., of Nashville v. Wilson, 88 Tenn. 407, 12 S.W. 1082, 1889 Tenn. LEXIS 63 (1890).

Cumulative witnesses of the successful party rejected by the court for that reason and not examined, may, under § 20-12-118, be taxed to him. Justices of Greene County v. Graham, 65 Tenn. 77, 1873 Tenn. LEXIS 305 (1873).

3. Liability of Intervenor for Costs.

Where the person, through whose land public road was laid out, appeared, on the return of the report of the jury of view, and asked to be permitted to contest the establishment of the road, and was allowed to do so, and prosecuted an appeal to the circuit court, having executed a bond in proper form, it was error to render judgment against him for the entire costs from the commencement of the proceedings, for he can only be subjected to such legal costs as accrued from the time of his intervention. Beard v. Campbell County Justices, 40 Tenn. 97, 1859 Tenn. LEXIS 29 (1859).

54-10-208. Action after final judgment.

If the action of the jury of view be affirmed, the commissioner or commissioners shall then proceed as if no appeal had been taken; if otherwise, the order of the court shall be carried out.

Acts 1891, ch. 1, § 14; Shan., § 1627; Code 1932, § 2737; T.C.A. (orig. ed.), § 54-912.

Cited: Hargis v. Collier, 578 S.W.2d 953, 1978 Tenn. App. LEXIS 332 (Tenn. Ct. App. 1978).

54-10-209. Bond for appeal costs.

All persons appealing from the decision of a jury of view to any court having jurisdiction of the matter shall execute a bond for the costs of the suit.

Acts 1891, ch. 1, § 14; Shan., § 1628; Code 1932, § 2738; T.C.A. (orig. ed.), § 54-913.

Textbooks. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 63.

Cited: Hargis v. Collier, 578 S.W.2d 953, 1978 Tenn. App. LEXIS 332 (Tenn. Ct. App. 1978).

NOTES TO DECISIONS

1. Bond of Commissioner.

The statute does not, in express terms, require the road commissioner to give an appeal bond for the prosecution of his appeal from the county court (now court of general sessions) to the circuit court, but if such bond is necessary, the omission to give it may be supplied and cured by his giving bond in the circuit court. Lafollette v. Tiller, 105 Tenn. 536, 58 S.W. 1065 (1900).

2. Liability for Costs Under 1885 Act.

Under Acts 1885, ch. 2, persons whose application for a public road was granted could be taxed with all costs and damages incident to the granting and laying out of the road, and the petitioners were necessary parties to proceedings to establish the road and could be required by the court, on motion of the opposite party, to give bond for costs, or, in default thereof, suffer dismissal of their petition. Meruit v. Pryor, 86 Tenn. 155, 5 S.W. 534, 1887 Tenn. LEXIS 32 (1887) (decision under prior law).

54-10-210. Attorney for county upon appeal.

In case of an appeal, the district attorney general shall attend to the case for the county in the circuit court, and shall be paid the sum of five dollars ($5.00) for each case attended to, to accrue to the state, and the attorney general and reporter shall represent the county in the cases before the appellate courts.

Acts 1891, ch. 1, § 14; Shan., § 1629; mod. Code 1932, § 2739; modified; T.C.A. (orig. ed.), § 54-914.

Cited: Hargis v. Collier, 578 S.W.2d 953, 1978 Tenn. App. LEXIS 332 (Tenn. Ct. App. 1978).

NOTES TO DECISIONS

1. Application.

This section applies only to appeals in cases where an application has been made to open, change, or close a road to the commissioners of the district through which the road runs, or is asked to be located by any person or persons considering themselves aggrieved by the action of the jury of view appointed to condemn and assess damages of landowner or landowners whose land is to be taken. Miller v. Washington County, 143 Tenn. 488, 226 S.W. 199, 1920 Tenn. LEXIS 36 (1920).

54-10-211. Compensation of jury of view.

The jury of view each shall receive two dollars ($2.00) per day for services, which, with other costs and damages accruing on the opening, changing or closing of roads, shall be paid out of the general county funds, upon the order of the commissioner upon the county mayor, upon which the county mayor shall issue a warrant, subject always to the county mayor's approval.

Acts 1891, ch. 1, § 14; Shan., § 1630; mod. Code 1932, § 2740; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 54-915; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cited: Hargis v. Collier, 578 S.W.2d 953, 1978 Tenn. App. LEXIS 332 (Tenn. Ct. App. 1978).

54-10-212. Waiver of damage by landowners.

When landowners and those controlling land touched by the highway proposed to be opened, changed or closed waive, in writing, any claim for damages sustained by the opening, changing or closing, then the commissioner or commissioners shall proceed, independently of a jury of view, to execute the particular action asked in the petition, if, in their discretion, they think the public interest will not be materially injured by the action.

Acts 1891, ch. 1, § 14; Shan., § 1631; Code 1932, § 2741; T.C.A. (orig. ed.), § 54-916.

54-10-213. Commissioner may act without petition.

The commissioner may, without petition or application, proceed to open, change, close and construct any public highway that the commissioner deems necessary for the public interest.

Acts 1891, ch. 1, § 14; Shan., § 1632; Code 1932, § 2742; T.C.A. (orig. ed.), § 54-917.

54-10-214. Jury of view in joint districts.

  1. Where any two (2) road districts are involved in any question requiring a jury of view, the two (2) commissioners and one (1) freeholder shall constitute the jury.
  2. Where three (3) or more districts are involved, then the commissioners of all the districts interested shall constitute the jury of view, and no commissioner shall be required to take an oath before serving on the jury of view.

Acts 1891, ch. 1, § 14; Shan., § 1633; Code 1932, § 2743; T.C.A. (orig. ed.), § 54-918.

Textbooks. Tennessee Jurisprudence, 23 Tenn. Juris., Sreets and Highways, § 7.

54-10-215. Controversy to be heard at first term.

The court in which any suit or controversy for establishing a ferry or laying out a road is pending shall hear and determine it at the first term after it is docketed.

Code 1858, § 1193 (deriv. Acts 1817, ch. 35, § 1); Shan., § 1633a1; mod. Code 1932, § 2744; T.C.A. (orig. ed.), § 54-919.

54-10-216. Closure of public roads by application to county highway department.

Notwithstanding the provisions of this part to the contrary, a county legislative body, by resolution adopted by a two-thirds (2/3) majority vote, may adopt the provisions of this section as an alternative procedure for the closing of public roads in the county that are not maintained by any other governmental entity. After adopting the provisions of this section, each application to close a designated public road in the county shall be made in writing to the chief administrative officer. Upon receiving an application to close a public road, the chief administrative officer shall give notice to interested parties as provided in this part. The chief administrative officer shall make a recommendation to the regional planning commission regarding whether or not the public road should be closed. Before making any recommendation with respect to closing a road pursuant to this section, the regional planning commission shall provide notice of the action either by written notice mailed to affected property owners or by notice advertised in a newspaper of general circulation in the county not less than fourteen (14) days before the recommendation is made. After receiving the recommendation of the chief administrative officer, the regional planning commission shall make its recommendation to the county legislative body, and shall attach the recommendation of the chief administrative officer. After receiving the recommendations as provided in this section, the county legislative body may, by resolution adopted by a majority of its members, order the closure of the public road.

Acts 1995, ch. 478, § 1.

Attorney General Opinions. County highway superintendent's duties, OAG 99-005 (1/25/99).

Authority to hire and fire county highway department employees, OAG 99-005 (1/25/99).

Chapter 11
Public Fords, Ferries, and Bridges

Part 1
Fords

54-11-101. County legislative bodies may clear out fords.

It may be lawful for county legislative bodies to clear out fords of rivers where public roads cross the fords, upon the plans and conditions set forth in this part.

Acts 1859-1860, ch. 115, § 1; Shan., § 1741; Code 1932, § 3067; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1101.

Cross-References. State highway contracts exempt from state purchasing law, § 12-3-102.

Law Reviews.

Water Rights in Tennessee (Mahlon L. Townsend), 27 Tenn. L. Rev. 557.

Comparative Legislation. Public fords, ferries, and bridges:

Ala.  Code § 23-1-81 et seq.

Ark.  Code § 27-85-101 et seq.

Ga. O.C.G.A. § 32-1-1 et seq.

Ky. Rev. Stat. Ann. § 180.010 et seq.

Miss.  Code Ann. § 65-21-1 et seq.

Mo. Rev. Stat. § 234.010 et seq.

N.C. Gen. Stat. § 136-72 et seq.; § 136-82 et seq.

Va. Code § 33.1-247 et seq.

Collateral References. 39 Am. Jur. 2d Highways, Streets, and Bridges § 46 et seq.

11 C.J.S. Bridges § 1 et seq.

Waters and water courses 51 et seq.

54-11-102. Reports of fords — Action of legislative body.

At the April session of the county legislative body, a majority of the members consenting, the members of each civil district in the county shall report those fords to the county mayor that they think should be cleared of obstructions, and the county legislative body shall act on each proposition separately, a majority of the county legislative body present determining whether it will receive the propositions; then, the county mayor shall report all the propositions received.

Acts 1859-1860, ch. 115, § 2; Shan., § 1742; Code 1932, § 3068; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A. (orig. ed.), § 54-1102; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

54-11-103. Manner of clearing fords.

  1. The fords shall be cleared of all loose rock, and all fastened rock shall be battered down that can be done by a heavy, blunt, or square-end crowbar or sledge hammer.
  2. All other obstructions that can be conveniently removed, and all rubbish removed, shall be deposited where it will not deepen the ford of the stream.

Acts 1859-1860, ch. 115, § 3; Shan., § 1743; Code 1932, § 3069; T.C.A. (orig. ed.), § 54-1103.

54-11-104. Width of ford.

The width of the ford shall depend upon the use the public makes of it, but it shall not be required to be cleared over sixty feet (60') wide.

Acts 1859-1860, ch. 115, § 3; Shan., § 1744; Code 1932, § 3070; T.C.A. (orig. ed.), § 54-1104.

54-11-105. Advertisement of fords to be cleared.

The county clerk shall make out a list of the propositions reported by the county mayor, and give it to the sheriff, who shall immediately advertise at the different fords proposed to be cleared, or at some public place near the fords, that contracts will be given to bidders at the July session of the legislative body; provided, that a majority of the members of the county legislative body agree.

Acts 1859-1860, ch. 115, § 4; Shan., § 1745; Code 1932, § 3071; impl. am. Acts 1978, §§ 7, 22, 36; modified; T.C.A. (orig. ed.), § 54-1105; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

54-11-106. Return of certificate of completion — Payment.

Each contractor shall return to the August session of the county legislative body, or some subsequent session, a certificate, with two (2) responsible freeholders signed as witnesses, that the contractor has complied with the law set forth in § 54-11-103. Then the county mayor shall issue a warrant, which shall be paid as other county claims.

Acts 1859-1860, ch. 115, § 5; Shan., § 1746; Code 1932, § 3072; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22; modified; T.C.A. (orig. ed.), § 54-1106; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Part 2
Bridges

54-11-201. Bridges to be made by overseer — Securing materials.

Bridges shall be made by the overseer and the overseer's assistants, through swamps and over small runs and creeks, for which purpose, as well as for making causeways, the overseer may cut poles and other necessary timber, without incurring any penalty.

Code 1858, § 1211 (deriv. Acts 1804, ch. 1, §§ 14, 16); Shan., § 1707a1; Code 1932, § 3017; T.C.A. (orig. ed.), § 54-1107.

Cross-References. Railroad drawbridges over navigable streams, § 69-1-114.

Collateral References. Bridges 1 et seq.

54-11-202. Bridges to be made by county — Tax levy.

Bridges that cannot be built by the overseer and the overseer's assistants shall be a county charge, and the county legislative body shall make a levy on the taxables to raise money for the purpose, and shall contract and agree for building, keeping, and repairing the bridges.

Code 1858, § 1212 (deriv. Acts 1804, ch. 1, § 5); Shan., § 1708; Code 1932, § 3018; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1108.

Cross-References. Levees or drains necessitating county to build, § 69-5-713.

Railroad drawbridges over navigable streams, § 69-1-114.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Bridges, § 5.

54-11-203. Bridges to be made by two counties — Apportionment of cost.

When a bridge is necessary over any creek or river that divides one county from another, the legislative body of each county shall join in an agreement for building, keeping, and repairing it, and the charge shall be defrayed by both counties in proportion to the number of taxable polls in each county.

Code 1858, § 1213 (deriv. Acts 1804, ch. 1, § 5); Shan., § 1709; Code 1932, § 3019; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1109.

Cross-References. Joint ferries over streams separating counties, § 54-11-303.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Bridges, § 5.

NOTES TO DECISIONS

1. Contract to Divide Costs.

The provisions of this section are not mandatory and the counties, under their general power to make contracts, may agree to divide the costs of constructing the bridge equally or in any other ratio they may agree upon. Davidson County v. Sumner County, 131 Tenn. 441, 175 S.W. 535, 1914 Tenn. LEXIS 119 (1915).

54-11-204. Contract, agreement and order binding.

Every contract, agreement, and order for bridges shall bind the county that makes or enters into it.

Code 1858, § 1214 (deriv. Acts 1804, ch. 1, § 6); Shan., § 1710; Code 1932, § 3020; T.C.A. (orig. ed.), § 54-1110.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Bridges, § 5.

54-11-205. Bridge railings — Height.

It is the duty of the county legislative bodies, in letting out all contracts for the erection of bridges, to require that they be made secure, with good and substantial railing of the height of three feet (3').

Acts 1870-1871, ch. 119, § 1; Shan., § 1747; Code 1932, § 3073; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1111.

54-11-206. [Repealed.]

Code 1858, § 1215 (deriv. Acts 1804, ch. 1, § 7); Shan., § 1711; Code 1932, § 3021; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1112; repealed by Acts 2013, ch. 308, § 10, effective July 1, 2013.

Compiler's Notes. Former § 54-11-206 concerned maintenance and repair of toll bridges and causeways.

54-11-207. Power of county legislative body to build bridges.

In addition to the powers vested in and exercised by county legislative bodies over public roads and bridges, the county legislative bodies respectively are empowered, the same being a county purpose, to build a bridge or bridges over and across any stream or river running through the county, which bridge shall be located on or near and convenient to a public highway, due regard being had both to advantages of location and convenience of the citizens of the county having to pass over the bridge, and may be located wholly or partly within the limits of any municipal corporation.

Acts 1885, ch. 149, § 1; Shan., § 1712; Code 1932, § 3022; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1113.

Cross-References. Eminent domain for bridges, title 29, ch. 17, part 1.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Bridges, §§ 4, 6.

Attorney General Opinions. Constitutionality of imposing different property tax rates within a county, OAG 92-29 (4/7/92).

NOTES TO DECISIONS

1. Power to Build Bridges.

Where it is admitted that the county legislative body has authority to construct bridges, it is not important whether such authority is derived from this section or §§ 54-11-213, 54-11-214. Hickman County v. Nashville Bridge Co., 66 F.2d 174, 1933 U.S. App. LEXIS 2578 (6th Cir. Tenn. 1933).

2. —Delegation of Power.

The vesting in the county legislative body of the right to build bridges does not carry with it the right to delegate such power, unless a state court of competent jurisdiction has so construed this section as to imply such power. Hickman County v. Nashville Bridge Co., 66 F.2d 174, 1933 U.S. App. LEXIS 2578 (6th Cir. Tenn. 1933).

3. —Limitation of Power.

Persons dealing with county officers of limited power under a statute may not assume that they are acting within their powers. Ignorance of lack of power is insufficient as predicate for county's liability. Trotter v. Peterson, 166 Tenn. 142, 60 S.W.2d 149, 1932 Tenn. LEXIS 124 (1933).

4. Contracts of County.

Grant of power to county legislative body to build, repair, maintain, change, or abandon roads and bridges of the county confers upon the legislative body the implied power to contract with or permit others to do what it has the power to do. Greene County v. Tennessee Eastern Electric Co., 40 F.2d 184, 1930 U.S. App. LEXIS 3127 (6th Cir. Tenn. 1930).

5. —Ratification of Contracts.

Where a county legislative body appointed a committee to receive bids for construction of bridges, the levying of a tax for carrying out the contracts to be made by the committee for the construction of bridges did not amount to a ratification of such contracts, where the levy was made before the contracts were made, and the levy was never carried out. Hickman County v. Nashville Bridge Co., 66 F.2d 174, 1933 U.S. App. LEXIS 2578 (6th Cir. Tenn. 1933).

Where a county legislative body, in proceeding to construct bridges, appointed a committee to supervise the sale of warrants, receive bids, and to let contracts for the construction of bridges, payment of bills for advertising for bids did not have the effect of ratification of contracts made by committee for the construction of bridges. Hickman County v. Nashville Bridge Co., 66 F.2d 174, 1933 U.S. App. LEXIS 2578 (6th Cir. Tenn. 1933).

The ratification of contracts for the construction of bridges, made by a committee appointed by the county legislative body, did not result from the refusal of the legislative body to entertain a motion to reject the contracts, where prior thereto the legislative body had rejected a motion to adopt the report of the committee. Hickman County v. Nashville Bridge Co., 66 F.2d 174, 1933 U.S. App. LEXIS 2578 (6th Cir. Tenn. 1933).

Where a committee was appointed by the county legislative body to receive bids for construction of bridges, and the committee accepted certain bids, and the successful bidders did some work on bridges, but the greater part of the amount sued for consisted in preparation for the construction work contracted for and was not incurred in the county or in the presence of the legislative body, and, before any work under the contracts was done in the county, the contractors had notice of rejection of the contracts by the legislative body on report of the committee, failure of the county to take legal steps to prevent the contractors from proceeding under the contracts did not amount to a ratification of the contract. Hickman County v. Nashville Bridge Co., 66 F.2d 174, 1933 U.S. App. LEXIS 2578 (6th Cir. Tenn. 1933).

Where a committee appointed by the county legislative body to receive bids for the construction of bridges accepted certain bids, and bonds were executed by the successful bidders, the failure of the county clerk to return the bonds to the successful bidder did not amount to ratification of the contracts made by the committee, it being apparent that such failure was a mere oversight. Hickman County v. Nashville Bridge Co., 66 F.2d 174, 1933 U.S. App. LEXIS 2578 (6th Cir. Tenn. 1933).

6. Liability for Bridges.

In maintenance of a bridge, county exercises governmental function and is not liable for injuries or death resulting from a vehicle's breaking through an unsafe highway bridge. Davidson County v. Blackwell, 19 Tenn. App. 47, 82 S.W.2d 872, 1934 Tenn. App. LEXIS 2 (Tenn. Ct. App. 1935).

54-11-208. Bridge tax — Special levy.

  1. The bridge or bridges shall be paid for by special tax, not to exceed, in any year, twenty cents (20¢) on the one hundred dollars' ($100) worth of property, to be levied by the county legislative body annually on all taxable property of the county, until the bridge or bridges are paid for, or until the interest-bearing warrants or bonds provided for in this part are redeemed.
  2. Nothing in this part shall prevent the county legislative body from paying for the bridge or bridges or redeeming any or all of the warrants or bonds, out of any moneys or funds in the county treasury not otherwise appropriated.

Acts 1885, ch. 149, § 2; Shan., § 1713; Code 1932, § 3023; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1114.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Bridges, § 5.

Attorney General Opinions. Constitutionality of imposing different property tax rates within a county, OAG 92-29 (4/7/92).

NOTES TO DECISIONS

1. Special Tax Levy.

County legislative body was authorized to provide for a levy of 14 cents for repair of county bridges and to make same a part of the budget though no appropriation was made as provided by private act, since power to levy special tax for building of bridges justified levying of special tax for repair as legislative body was charged with duty of repairing and maintaining bridges. Kivett v. Runions, 191 Tenn. 62, 231 S.W.2d 384, 1950 Tenn. LEXIS 546 (1950).

54-11-209. Excess cost in constructing bridges.

Should it, in the opinion of the county legislative body, appear that the cost of the bridge or bridges will exceed the amounts raised by taxation the county legislative body sees as proper to levy during the time the bridge or bridges are being constructed, the excess may be provided for from the proceeds of bonds issued pursuant to title 9, chapter 21.

Acts 1885, ch. 149, § 3; Shan., § 1714; Code 1932, § 3024; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 54-1115; Acts 1980, ch. 601, § 17; 1988, ch. 750, § 58.

Cross-References. Maximum effective rates of interest, § 47-14-103.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Bridges, § 5.

54-11-210, 54-11-211. [Repealed.]

Compiler's Notes. Former §§ 54-11-210 and 54-11-211 (Acts 1885, ch. 149, § 4; 1903, ch. 586, § 1; Code 1932, §§ 3025, 3026; Shan., §§ 1714a1, 1715; T.C.A. (orig. ed.), §§ 54-1116, 54-1117), concerning amount of warrants or bonds limited unless voted by the people and bond record, were repealed by Acts 1988, ch. 750, § 60.

54-11-212. Voting for a bridge — Procedure.

  1. Whenever, in the opinion of the county legislative body, it will be best so to do, it may submit to a vote of the people of the county the question of whether any bridge shall be built or not.
  2. The county legislative body shall direct the county election commission to hold an election on the question.
  3. If a majority of the votes cast are for a bridge, the county legislative body, at its next regular session, shall order the bridge built; if against it, no bridge shall be ordered built by the county legislative body within two (2) years after the election in subsection (b) was ordered, unless the question is again submitted to the people and voted on favorably.

Acts 1885, ch. 149, § 5; Shan., § 1716; Code 1932, § 3027; modified; Acts 1972, ch. 740, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A. (orig. ed.), § 54-1118.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Bridges, § 4.

NOTES TO DECISIONS

1. Joint County and Railroad Bridge.

Sections 54-11-207 — 54-11-212 do not authorize the county to become a joint owner or stockholder with a railroad company in building a joint county and railroad bridge, without a submission of the proposition to the people, where the contract is construed to contemplate the issuance of bonds for the combined and inseparable purpose of lending the county's credit and becoming a holder of corporate stock in the railroad. Colburn v. Chattanooga W. R. Co., 94 Tenn. 43, 28 S.W. 298 (1894).

Collateral References.

“Necessary expense,” cost of constructing and maintaining bridges as, within exception in constitutional or statutory provision requiring vote of people to authorize contracting of debt by political body, or limiting amount of such indebtedness. 113 A.L.R. 1210.

54-11-213. Proceeding by petition for building bridge or causeway — Appointment of commissioner.

  1. If a petition filed under § 54-13-103 is for building a bridge or causeway at the expense of the county, the county legislative body shall, at the same session when it is presented, appoint three (3) commissioners to receive proposals for the work, which proposals shall clearly specify the extent, character, and description of the bridge or causeway.
  2. The commissioners shall report their proceedings to the session designated by the county legislative body.

Code 1858, § 1266 (deriv. Acts 1835-1836, ch. 29, § 3); Shan., § 1730; Code 1932, § 3056; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A. (orig. ed.), § 54-1119.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Bridges, §§ 4, 6.

NOTES TO DECISIONS

1. Authority of Commissioners.

The statute does not contemplate that the commissioners shall receive or complete the contract for construction of the bridge, but only that they shall report their proceedings to the county legislative body, and that the county legislative body may accept such proposition as to it shall seem best. Ezell v. Justices of Giles County, 40 Tenn. 583, 1859 Tenn. LEXIS 174 (1859).

2. Authority of County.

While under §§ 54-13-10154-13-103 and former 54-13-20154-13-206 (repealed), counties are not authorized to make and pay for public improvements, under § 54-11-213, they are authorized to build bridges and causeways and to pay for the same. Sullivan County v. Ruth, 106 Tenn. 85, 59 S.W. 138, 1900 Tenn. LEXIS 136 (1900).

The delegation of power by the county legislative body to receive bids and let contracts for the building of certain bridges and to determine manner in which contracts where to be let is invalid. Hickman County v. Nashville Bridge Co., 66 F.2d 174, 1933 U.S. App. LEXIS 2578 (6th Cir. Tenn. 1933).

3. Ratification of Contract.

No ratification of an invalid contract results from a motion in the county legislative body to reconsider and amend resolution delegating the county legislative body's power, nor from payment of bills of a committee, to which it was attempted to delegate power, for advertising for bids, nor from the levying of a tax provided for in the delegating resolution, nor from mere failure of county clerk to return bond of the contractor. Hickman County v. Nashville Bridge Co., 66 F.2d 174, 1933 U.S. App. LEXIS 2578 (6th Cir. Tenn. 1933).

54-11-214. Acceptance of proposal.

Of the proposals reported, the county legislative body may receive and accept that which seems to it best; and shall then direct the work to progress under regulations and securities it deems proper.

Code 1858, § 1267 (deriv. Acts 1835-1836, ch. 29, § 3); Shan., § 1731; Code 1932, § 3057; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1120.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Bridges, § 6.

NOTES TO DECISIONS

1. Limited Powers of Commissioners.

The bridge commissioners have no power to waive any of the requirements or deviate from the provisions thereof. The contractor cannot be protected in his deviations from the terms of the contract and specifications by the directions of the engineer and the acquiescence of the commissioners. Sullivan County v. Ruth, 106 Tenn. 85, 59 S.W. 138, 1900 Tenn. LEXIS 136 (1900).

2. Conditional Signing of Bond.

The sureties on the bond of a contractor to build a county bridge are not bound thereon, where they signed and delivered the bond to the principal to be held in escrow by him for the purpose of obtaining the signature of a certain other surety, but the bond was without the knowledge of the sureties carried before the county legislative body and by it accepted in ignorance of the fact of such conditional signing, where the bond on its face showed that it was to be signed by the other surety, by the insertion of his name in the body of the bond and by a blank space left for his signature. Sullivan County v. Ruth, 106 Tenn. 85, 59 S.W. 138, 1900 Tenn. LEXIS 136 (1900).

3. Finality of Court's Decision.

Whether the building of a proposed public bridge by the county is wise and for the best interest of the county is not a subject or question of inquiry by the chancery court, nor by the Supreme Court upon appeal. Colburn v. Chattanooga W. R. Co., 94 Tenn. 43, 28 S.W. 298 (1894).

54-11-215. Examination of work upon completion by commissioners appointed by county legislative body — Payment.

  1. Upon being notified that the work is completed, the county legislative body shall appoint three (3) commissioners, unconnected either by affinity or consanguinity with the contractor, to examine and report upon the work.
  2. The county legislative body, if satisfied that the work is done conformably to the contract, shall receive it, and make an order on the county trustee as the contract may require.

Code 1858, § 1268 (deriv. Acts 1835-1836, ch. 29, § 3); Shan., § 1732; Code 1932, § 3058; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1121.

54-11-216. Vacancy in board of commissioners — Bond and oath.

The county legislative body shall fill all vacancies on any board of town, or bridge commissioners, and any person appointed to fill a vacancy shall execute the same bond, if a bond is required, take the same oath, and have the same powers and emoluments, as the predecessor.

Code 1858, § 1269 (deriv. Acts 1835-1836, ch. 29, § 12); Shan., § 1733; mod. Code 1932, § 3059; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1122.

54-11-217. Tax for payment of bridge or causeway.

Public bridges and causeways on public roads, erected by order of the county legislative body, shall be paid for by a tax on polls and other taxables, to be set by the county legislative body, and not to exceed, in any year, the amount of the state tax.

Code 1858, § 1270 (deriv. Acts 1835-1836, ch. 29, § 2); Shan., § 1734; Code 1932, § 3060; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1123.

NOTES TO DECISIONS

1. Payment for Bridges.

The mode of payment for bridges is expressly fixed by this statute, and is to be made out of taxes assessed and collected, and the county legislative body has no authority, in the absence of a statute expressly conferring it, to issue negotiable bonds. Colburn v. Chattanooga W. R. Co., 94 Tenn. 43, 28 S.W. 298 (1894); Burnett v. Maloney, 97 Tenn. 697, 37 S.W. 689, 1896 Tenn. LEXIS 197, 34 L.R.A. 541 (1896); Richardson v. Marshall County, 100 Tenn. 346, 45 S.W. 440, 1897 Tenn. LEXIS 123 (1898); Weil v. Mayor, etc. of Newbern, 126 Tenn. 223, 148 S.W. 680, 1912 Tenn. LEXIS 53, 1915A L.R.A. (n.s.) 1009 (1912).

Power to issue bonds and incur extraordinary debts can only be derived in the way pointed out in the constitution and laws of the state, and the powers thus conferred must be strictly construed. Burnett v. Maloney, 97 Tenn. 697, 37 S.W. 689, 1896 Tenn. LEXIS 197, 34 L.R.A. 541 (1896); Southern R. Co. v. Hamblen County, 115 Tenn. 526, 92 S.W. 238, 1905 Tenn. LEXIS 85 (1906); State ex rel. Bigham v. Powers, 124 Tenn. 553, 137 S.W. 1110, 1911 Tenn. LEXIS 64 (1911).

2. Computation of Tax Rate.

The special taxes authorized to be assessed are not included in the computation of the maximum rate at which taxes may be assessed for county purposes. Nashville, C. & S. L. Ry. v. Hodges, 75 Tenn. 663, 1881 Tenn. LEXIS 163 (1881).

3. Bridge Tax Covered by General Bond.

The general bond of the county trustee embraces the special tax levied for the payment of public bridges and causeways, where no special bond is required to secure such taxes. McLean v. State, 55 Tenn. 22, 1873 Tenn. LEXIS 3 (1873).

54-11-218. Taxes to be collected by trustee.

The moneys shall be collected by the county trustee and be kept by the county trustee subject to the order of the county legislative body, which order, together with the receipt of the person in whose favor it is made, shall be a sufficient voucher for the county trustee in settlement with the county mayor.

Code 1858, § 1271 (deriv. Acts 1835-1836, ch. 29, § 2); Shan., § 1735; mod. Code 1932, § 3061; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 54-1124; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

54-11-219. Bridges over rivers through county seat towns.

A county legislative body is empowered, the same being a county purpose, to build, or assist in building, or in obtaining within the corporate limits of a municipal corporation that is the county seat of the county, a toll-free bridge across any river running through and dividing the municipality and county.

Acts 1881, ch. 95, § 1; Shan., §§ 1635, 6049; Code 1932, §§ 2762, 10254; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1125.

Cross-References. Railroad drawbridges over navigable streams, § 69-1-114.

54-11-220. Location of bridges in county seat towns — Toll-free — Maintenance.

  1. The bridge shall be located upon or near and convenient to a public highway traversing the county, due regard being had both to the advantages of location and convenience of the citizens of the county having to pass over the bridge.
  2. The bridge shall be forever free to all persons, vehicles, and stock that may pass over the bridge, and shall be kept up and maintained by the municipality within which it is located.

Acts 1881, ch. 95, § 1; Shan., §§ 1636, 6049; Code 1932, §§ 2763, 10254; T.C.A. (orig. ed.), § 54-1126.

54-11-221. Special tax for bridge in county seat towns — Payment from proceeds of stock or bond sales.

  1. The bridge shall be paid for by a special tax, not to exceed, in any year, the amount of the state tax, to be levied by the county legislative body, annually, on all the taxables of the county.
  2. Nothing in this section shall prevent the county legislative body from paying for the bridge out of any moneys or funds in the county treasury not otherwise appropriated, or by a sale or sales of any stocks or bonds held and owned by the county, and that may be sold or negotiated for the purpose of the payment.

Acts 1881, ch. 95, § 2; Shan., §§ 1637, 6050; Code 1932, §§ 2764, 10255; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1127.

Cross-References. County legislative body, power to build bridges and turnpikes, and to work convicts, §§ 54-10-102, 54-11-20154-11-209, § 54-11-212, 54-11-22254-11-224.

Cited: Southern R. Co. v. Hamblen County, 115 Tenn. 526, 92 S.W. 238, 1905 Tenn. LEXIS 85 (1906).

NOTES TO DECISIONS

1. Nature of Taxing Power.

The taxing power vested in the county legislative body is not judicial, but it is a legislative or municipal power given for the regulation of the fiscal affairs of the county. Justices of Cannon County v. Hoodenpyle, 26 Tenn. 145, 1846 Tenn. LEXIS 84 (1846); County Court v. Marr, 27 Tenn. 634, 1848 Tenn. LEXIS 11 (1848); Grant v. Lindsay, 58 Tenn. 651, 1872 Tenn. LEXIS 315 (1872); Keely v. Haywood County, 1 Shan. 610 (1876); Nashville & K. R. Co. v. Wilson County, 89 Tenn. 597, 15 S.W. 446, 1890 Tenn. LEXIS 84 (1891); Grainger County v. State, 111 Tenn. 234, 80 S.W. 750, 1903 Tenn. LEXIS 22 (1904).

2. Jurisdiction of Chancery.

The chancery court has no jurisdiction to reduce the amount of taxes, nor to supervise the county legislative body's action in the matter of assessment of taxes for any purpose, unless it be in the case where the county legislative body refuses altogether to perform its duty in regard to the levy of taxes to meet its obligations, and then this duty may be enforced by mandamus. Clay v. Justices of Hawkins County, 73 Tenn. 137, 1880 Tenn. LEXIS 99 (1880).

54-11-222. Joint county and city bridges authorized — Terms — Toll or free.

  1. The county, acting through the county legislative body, has the power to unite with any municipal corporation in the erection and regulation of bridges for public travel and traffic, over any stream, running by or through the municipality, upon terms agreed upon by the county and municipality erecting the bridges.
  2. The bridges may be toll or free, and may be changed from toll to free, or from free to toll bridges, from time to time, by the joint action of the county and municipality interested.

Acts 1901, ch. 99, § 1; Shan., § 1716a1; Code 1932, § 3028; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1128.

Cross-References. Bridges over rivers through county seat towns, §§ 54-11-21954-11-227.

Law Reviews.

Consolidation of County and City Functions and Other Devices for Simplifying Tennessee Local Government (Wallace Mendelson), 8 Vand. L. Rev. 878.

54-11-223. Power to issue bonds.

For the purpose of providing funds to erect bridges, the county and municipality have the power to issue bonds pursuant to title 9, chapter 21.

Acts 1901, ch. 99, § 2; Shan., § 1716a2; mod. Code 1932, § 3029; T.C.A. (orig. ed.), § 54-1129; Acts 1980, ch. 601, § 18; 1988, ch. 750, § 59.

Cross-References. Maximum effective rates of interest, § 47-14-103.

Collateral References.

Sale of municipal or other public bonds at less than par or face value. 91 A.L.R. 7, 162 A.L.R. 396.

54-11-224. Tolls — Rules for management.

The county and municipal corporation erecting a bridge as provided in §§ 54-11-222 and 54-11-223 have the power to fix the tolls to be charged and collected and provide for the collection of the tolls, and make all necessary rules and regulations for the keeping up and management of the bridge when erected.

Acts 1901, ch. 99, § 3; Shan., § 1716a3; Code 1932, § 3030; T.C.A. (orig. ed.), § 54-1130.

NOTES TO DECISIONS

1. Collection of Tolls.

The right to collect tolls is a franchise, a sovereign prerogative, and vests in an individual or corporation only when, and only so far as, granted by the general assembly. Turner v. Eslick, 146 Tenn. 236, 240 S.W. 786, 1921 Tenn. LEXIS 15 (1921).

54-11-225. Repairs of bridges by county legislative bodies — Commissioners to make contracts.

The county legislative body has full power, at any session of the county legislative body, when, in its opinion, the public good demands it, to appoint commissioners, who shall have power to contract for, and have completed, any repairs of bridges, levees or causeways, upon any public road in the county that, in the opinion of the county legislative body, the public good requires.

Acts 1859-1860, ch. 90, § 1; Shan., § 1738; mod. Code 1932, § 3064; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1131.

Cross-References. County legislative body empowered to build bridges, § 54-10-102.

NOTES TO DECISIONS

1. Implied Contract for Repairs.

Where the repairs are made, or the work performed and the materials furnished in such repair, with the knowledge and consent of the commissioners, and at their request, and such repairs are accepted and used by the county, the person making the repairs, doing the work, and furnishing the materials may recover from the county what the same are reasonably worth. Madison County v. Gibbs & Dean, 77 Tenn. 383, 1882 Tenn. LEXIS 70 (1882); Rhea County v. Sneed, 105 Tenn. 581, 58 S.W. 1063, 1900 Tenn. LEXIS 108 (1900).

2. Application to Erection of New Bridges.

The provisions for repairing bridges are not inapplicable to the erection of a new bridge, for the repairing of bridges may very properly be held to include the erection of a new bridge on the site of the old one that has become defective. Sullivan County v. Ruth, 106 Tenn. 85, 59 S.W. 138, 1900 Tenn. LEXIS 136 (1900).

3. Liability for Injuries.

In a failure to keep bridge in repair, commissioners are not liable for injuries due to defective bridge. Binkley v. Hughes, 168 Tenn. 86, 73 S.W.2d 1111, 1933 Tenn. LEXIS 82 (1934).

54-11-226. Report of commissioners as to repairs.

It is the duty of the commissioners under § 54-11-225 to report to the first session of the county legislative body after the completion of any work that they may have had under contract, which report shall set forth the kind of repairs that have been made, by whom made, and for what amount.

Acts 1859-1860, ch. 90, § 2; Shan., § 1739; Code 1932, § 3065; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A. (orig. ed.), § 54-1132.

54-11-227. Payment of reported repairs.

Upon the filing of the report of the commissioners, it shall be the duty of the county legislative body to order the repairs to be paid as other claims against the county.

Acts 1859-1860, ch. 90, § 3; Shan., § 1740; Code 1932, § 3066; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1133.

Part 3
Ferries