54-1-101 — 54-1-104. [Repealed.]

Compiler's Notes. Former §§ 54-1-101 — 54-1-104 (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54-112), concerning the bureau of highways (now department of transportation) and its director (now commissioner), were repealed by Acts 1981, ch. 264, § 1.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.

54-1-106 — 54-1-114. [Repealed.]

Compiler's Notes. Former §§ 54-1-106 — 54-1-114 (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. 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.
2. 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.
3. 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.
4. 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.
5. 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).
6. 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 §§ 54-1-120 — 54-1-123 (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, 12-1-106 — 12-1-108.

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.
2. 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.
3. Local governments may require surety that affected streets and roads will be restored to their original condition.
4. 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. 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.
2. 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.
4. 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.
5. 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.
6. 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

54-2-101. [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 §§ 54-2-109 — 54-2-112 (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]

54-4-101. 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).

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.

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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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).

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

54-5-101. 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.

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.

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.

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).

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.

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

1. 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.
2. 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).

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).

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. 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.
2. 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).
3. 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.

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).

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.

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).

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).

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).

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.

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.

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, §§ 41-2-123 — 41-2-125.

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. 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.
2. 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.
3. 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.
4. 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. 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).
2. 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.
3. 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).

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. 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.
2. 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.
3. 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.
4. 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 “§§ 55-10-401 — 55-10-404” 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

54-7-101. 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).

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;
       2. 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
       3. 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.
3. 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.
4. 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

54-9-101. 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.

54-9-102 — 54-9-114. [Repealed.]

Compiler's Notes. Former §§ 54-9-102 — 54-9-114 (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).

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 §§ 54-9-124 — 54-9-127.

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.
4. 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.
2. 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

54-10-101. 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).

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, §§ 54-11-219 — 54-11-221.

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).

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).

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).

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

54-11-101. 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

54-12-101. Power to establish road improvement districts.

The monthly county court is vested with the power at any regular, special, or adjourned session to establish road improvement districts for the purpose of building and maintaining public roads in the road improvement districts, and building bridges, culverts, and levees on the roads and to locate and establish the roads, or provide for these things being done whenever they are of public utility or conducive to the public welfare.

Acts 1919, ch. 193, § 1; 1921, ch. 147, § 1; Shan. Supp., § 1682a10; Code 1932, § 2823; modified; T.C.A. (orig. ed.), § 54-1301.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

Comparative Legislation. Road Improvement Districts:

Ala.  Code § 23-1-1 et seq.

Ark.  Code § 14-318-101 et seq.

Ga. O.C.G.A. § 32-4-22.

Ky. Rev. Stat. Ann. § 184.010 et seq.

Miss.  Code Ann. § 65-19-1 et seq.

Mo. Rev. Stat. § 233.010 et seq.

Va. Code § 15.2-2318 et seq.

Collateral References. 39 Am. Jur. 2d Highways, Streets, and Bridges § 86 et seq.

39A C.J.S. Highways § 144 et seq.

Highways 90 et seq.

54-12-102. Body exercising jurisdiction of former monthly county court.

In each county, the body that is authorized to perform the duties vested in the monthly county court in this chapter shall be the entity to which the duties of the former monthly county court in each county were transferred after 1978, and all references in this chapter to the monthly county court shall be deemed a reference to the successor entity, unless otherwise stated.

Acts 1919, ch. 193, § 1; Shan. Supp., § 1682a11; Code 1932, § 2824; modified; T.C.A. (orig. ed.), § 54-1302.

Code Commission Notes.

This section was rewritten in 1988 by authority of the Code Commission.

Cross-References. Authority of the monthly county court, title 5.

Power to establish road improvement districts, § 54-12-101.

54-12-103. Petition for road improvement district.

1. Before any monthly county court establishes a road improvement district as defined in § 54-12-101, a petition, signed by twenty-five percent (25%) of the landowners in the district who will be affected by or liable to be assessed for the expenses of the proposed improvement, shall be filed in the office of county clerk in which the improvement is to be made.
2. The petition shall describe the lands proposed to be included in the district by metes and bounds, or otherwise so as to convey intelligible description of the lands, and likewise the termini and general location of the road or roads shall be given in the petition. Likewise, the petition shall allege that the roads proposed are for the public benefit and utility. The petition shall have other allegations necessary to give the court a clear understanding of the necessity for the proposed road and the benefits it will be to the public.
3. An attorney may sign the names of the landowners to the petition as in other cases.

Acts 1919, ch. 193, § 2; Shan. Supp., § 1682a12; Code 1932, § 2825; modified; T.C.A. (orig. ed.), § 54-1303; impl. am. Acts 1978, ch. 934, §§ 22, 36.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-104. Bond for costs and expenses — Increase in penalty or security.

1. There shall be filed with the petition a bond, with adequate security in a penal sum that the county clerk deems adequate, to be approved by the county clerk, and conditioned for the payment of the costs and expenses of this proceeding, provided the prayer of the petition is not granted, or the petition is dismissed for any cause.
2. The county court may at any time have the bond increased in penalty or security.

Acts 1919, ch. 193, § 2; Shan. Supp., § 1682a13; Code 1932, § 2826; modified; T.C.A. (orig. ed.), § 54-1304; impl. am. Acts 1978, ch. 934, §§ 22, 36.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-105. Road improvement district confined to boundaries of county.

The bounds proposed to be embraced in the improvement district shall not go beyond the boundaries of the county in which the petition is filed, and the petition shall be accompanied by a general plat showing the location of the improvement district and the relation to the lines of the county in which it is created.

Acts 1919, ch. 193, § 2; Shan. Supp., § 1682a14; Code 1932, § 2827; T.C.A. (orig. ed.), § 54-1305.

54-12-106. Petitioners may employ counsel in preliminary matters — Compensation for services, fixing.

1. The petitioners for the improvement district are authorized to employ counsel to assist in filing the petition and in all preliminary matters necessary in having the district established, and attending to the matters of the district, so far as may be necessary, and so far as the monthly county court may think needed after the district is ordered established, contracting with the attorneys for the amount to be paid for their services, which contract shall be ratified and approved by the monthly county court, if deemed reasonable.
2. 1. If not reasonable, the monthly county court shall, by order, fix the amount to be allowed for legal services, fixing the amount as it deems reasonable and proper.
   2. The amount of fees fixed for legal services shall become a debt and charge against the district as other preliminary expenses are, such as charges for services of an engineer, etc., and to be paid in like manner.

Acts 1919, ch. 193, § 110; Shan. Supp., § 1682a124; Code 1932, § 2939; modified; T.C.A. (orig. ed.), § 54-1306.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

Collateral References.

Attorney's compensation for services in connection with assessments, amount of. 143 A.L.R. 828, 56 A.L.R.2d 13, 57 A.L.R.3d 475, 57 A.L.R.3d 550, 58 A.L.R.3d 317, 10 A.L.R.5th 448, 17 A.L.R.5th 366, 23 A.L.R.5th 241, 86 A.L.R. Fed. 866.

54-12-107. Committee for petitioners in preliminary matters in establishing district — Compensation.

1. The petitioners are authorized to select from their number a committee of three (3) or five (5), as they deem expedient, which committee shall act for the petitioners in all preliminary matters as their services may be needed in having the district established, and which committee shall have the power to bind the petitioners in all preliminary matters looking to the establishment of the district.
2. This committee shall elect out of its members officers it deems necessary, and shall keep a record of the committee's proceedings.
3. The members of this committee shall receive for service compensation as fixed by the monthly county court, and paid out of the funds of the district when established in the same way as is provided for the payment of other just charges against the district.

Acts 1919, ch. 193, § 111; Shan. Supp., § 1682a125; Code 1932, § 2940; modified; T.C.A. (orig. ed.), § 54-1307.

54-12-108. Contents of petition — Hearing — Publication for landowner defendants.

1. The court shall set a day for a hearing, and direct publication be made for all landowners set out in the petition who are not petitioners, when:
   1. A petition is filed with all the necessary allegations, and the petition is sworn to, by one (1) or more of the petitioners, and shows that sixty percent (60%) in acres of the land within the boundaries of the district sought to be created is owned by the petitioners;
   2. The petition is accompanied by a general plat, and a general description of the district sought to be created;
   3. A description by surrounding landowners is given in the petition of the respective tracts of land, within the bounds, and the names of the owners of the tracts who are not petitioners, are set out in the petition;
   4. The petitioners ask that provision be made for funds to defray the preliminary costs and expenses up to that stage in the proceedings where the report of the commissioners for the assessment of benefits has been filed and confirmed; and
   5. The monthly county court deems it expedient that provisions should be made for a fund to cover the preliminary costs and expenses.
2. Publication shall be made in some newspaper published in the county in which the district is located, and if located in more than one (1) county, then in a newspaper in each county, the publications to be for three (3) consecutive weeks, the last publication to be at least ten (10) days before the day set for the hearing. The publication shall notify the landowners of the pending suit, and the prayer for the creation of a fund to pay the preliminary costs and expenses, and the day fixed for the hearing, and notify them to appear and show cause why an assessment to create the fund should not be made.

Acts 1919, ch. 193, § 3; Shan. Supp., § 1682a15; Code 1932, § 2828; modified; T.C.A. (orig. ed.), § 54-1308.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

Collateral References.

“Owner,” scope and import of term in statutes as to giving notice of making of local improvement. 2 A.L.R. 790, 95 A.L.R. 1085.

54-12-109. Objections, filing — Assessment for preliminary costs and expenses — Decree.

1. The landowners shall make their appearance and file their objections, if any, on or before twelve o'clock (12:00) noon of the day set for hearing.
2. After the hour fixed for the filing of objections, the monthly county court shall proceed to hear and determine the matter of making an assessment to raise a fund for the payment of the preliminary costs and expenses.
3. The court will determine from the proof offered, approximately, the amount necessary to cover the cost and expenses, and if the court is of the opinion that it is not expedient to make an assessment for those purposes, the court shall so decree; but if the court is of the opinion that it is expedient, the court shall make an assessment for the amount determined upon the respective tracts of land set out in the petition, and make the assessment on the basis of acreage.

Acts 1919, ch. 193, § 4; Shan. Supp., § 1682a16; Code 1932, § 2829; modified; T.C.A. (orig. ed.), § 54-1309.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-110. Appeal from decision.

1. Any party aggrieved may appeal from the decision of the monthly county court in making the assessment, or refusing to make the assessment.
2. The appeal shall be made in the same manner and upon the same terms provided for appeals from the action of the monthly county court in creating or refusing to create a road improvement district as provided in §§ 54-12-141 — 54-12-149.

Acts 1919, ch. 193, § 5; Shan. Supp., § 1682a16½; Code 1932, § 2830; modified; T.C.A. (orig. ed.), § 54-1310.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-111. Collection dates fixed upon assessment being made — Assessment list certified to trustee to collect — Compensation.

When the assessment has been made, the monthly county court shall fix the dates within which the assessment shall be collected, and the county clerk shall make out an assessment list or book, giving alphabetically the name of the owner, and the boundaries of the land, the number of acres, and the amount assessed against each tract, and the county clerk will make the same substantially in the form used for state and county tax books, and when so made, the county clerk shall certify the same to the trustee of the county, and it is the duty of the trustee to proceed at once to collect the assessments within the dates prescribed by the court; and the trustee will pay the amount collected on the assessments to the county clerk, to be paid out by the county clerk on the costs and expenses under the orders of the court, and for collecting, and paying over the assessments, the trustee shall be allowed as compensation two percent (2%) of the amount collected and paid over.

Acts 1919, ch. 193, § 6; Shan. Supp., § 1682a17; Code 1932, § 2831; modified; T.C.A. (orig. ed.), § 54-1311; impl. am. Acts 1978, ch. 934, §§ 22, 36.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-112. Lien for assessment — Enforcement.

1. The assessment shall be a lien on the respective tracts of land upon which it is assessed.
2. This lien shall be enforced in the same manner as provided for the enforcement of liens in §§ 54-12-412 — 54-12-421.

Acts 1919, ch. 193, § 7; Shan. Supp., § 1682a18; Code 1932, § 2832; T.C.A. (orig. ed.), § 54-1312.

Collateral References.

Installment plan of payment as affecting duration of lien of special assessment. 114 A.L.R. 399.

Priority between liens for public improvements. 5 A.L.R. 1301, 99 A.L.R. 1478.

Tax lien and lien of special assessment, priority as between. 65 A.L.R. 1379.

Undivided tract, enforceability against, of special assessment levied against part of it at one rate and part at another. 112 A.L.R. 73.

Unpaid public improvement as breach of covenant or defect in vendor's title, effect of existence of lien. 72 A.L.R. 302.

54-12-113. Bonds of trustee and clerk.

The county trustee or trustees, before receiving the assessment roll or book and proceeding to the collection of the assessments, and the county clerk, before receiving the funds from the trustee or trustees, shall respectively enter into a bond in double the amount that will come into their hands, respectively, payable to the state, and conditioned for the faithful paying over and accounting for the funds arising from the assessment.

Acts 1919, ch. 193, § 8; Shan. Supp., § 1682a19; Code 1932, § 2833; modified; T.C.A. (orig. ed.), § 54-1313; impl. am. Acts 1978, ch. 934, §§ 22, 36.

54-12-114. Proceeding for cost and expense fund not to delay other proceedings — Sixty percent acreage provision.

The proceeding to create a fund for the payment of the cost and expenses shall not interfere with or delay the other proceeding, and the matter, in all other respects, may be proceeded with as provided in this part, and as provided by law; provided, that the sixty percent (60%) acreage provision of § 54-12-108 shall only apply to and be limited to a proceeding under this part.

Acts 1919, ch. 193, § 9; Shan. Supp., § 1682a20; Code 1932, § 2834; T.C.A. (orig. ed.), § 54-1314.

54-12-115. Preliminary expenses may be paid by order of county legislative body — Refund out of assessments or bonds of petitioners.

1. The preliminary expense of the road improvement district provided for by this part, not including contracts for construction, may be paid by order of the county legislative body in which the lands lie, out of the general county fund.
2. The preliminary expense, if so paid, shall be refunded to the county out of assessments collected from the lands of the improvement district, when so collected, and if not so repaid for any reason, then to be adjudged against and collected out of the bond of the petitioners required by this part, and thus repaid to the county.

Acts 1919, ch. 193, § 115; Shan. Supp., § 1682a129; Code 1932, § 2944; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1315.

Collateral References.

Anticipating payment of special improvement assessment or deferred installments thereof. 96 A.L.R. 1475.

54-12-116. Contributions or donations of preliminary expenses or parts of expenses without requiring refund.

1. The county legislative body shall have the right to contribute, out of the general county fund, an amount it sees fit to be used in the payment of the preliminary expenses, without requiring the amount to be paid back or refunded to the county.
2. Where any county has previously, by order of the county legislative body, advanced or paid any of the preliminary expenses, the county legislative body may, if it sees fit, by proper order, donate the amount, or any part of the amount, and not require the amount so donated or contributed to be paid back or refunded to the county.

Acts 1919, ch. 193, § 116; Shan. Supp., § 1682a130; Code 1932, § 2945; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1316.

54-12-117. Petitioners required to pay preliminary expenses — Judgment on their bond.

If the county legislative body should not see fit to order the preliminary expenses be paid, and the parties to whom the expenses are owing are not willing to agree to wait until a fund for their payment can be provided by special assessments upon the district, then the county legislative body, by proper order, shall require the petitioner to pay to the county clerk a fund sufficient to pay the preliminary expenses, and the bond required of petitioners by this part shall be liable for the preliminary expenses, and judgment on the bonds may be rendered at any time by the county legislative body to the end the fund for expenses be provided, just as the county legislative body renders judgment on cost bonds, and one (1) judgment shall not prevent other judgments on the same bond, so the sum of the judgments does not exceed the penalty of the bond.

Acts 1919, ch. 193, § 117; Shan. Supp., § 1682a131; Code 1932, § 2946; modified; T.C.A. (orig. ed.), § 54-1317; impl am. Acts 1978, ch. 934, §§ 7, 22, 36.

54-12-118. Fund for expenses may be paid as needed.

The fund for expenses may be paid in from time to time, under the orders of the monthly county court, as the fund may be needed.

Acts 1919, ch. 193, § 118; Shan. Supp., § 1682a132; Code 1932, § 2947; modified; T.C.A. (orig. ed.), § 54-1318.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-119. Refund to petitioners and their sureties paying preliminary expenses.

All sums paid by the petitioners or their sureties on their bonds shall be refunded and repaid to the person or persons paying the sums out of the funds of the improvement district when the funds have been realized under parts 2 and 4 of this chapter.

Acts 1919, ch. 193, § 119; Shan. Supp., § 1682a133; Code 1932, § 2948; T.C.A. (orig. ed.), § 54-1319.

54-12-120. Engineer.

After the petition has been filed and bond taken and approved, the monthly county court shall at the first session thereafter, regular, special, or adjourned, and may at a later session, appoint a disinterested and competent engineer, and have placed in the engineer's hands a copy of the petition.

Acts 1919, ch. 193, § 10; Shan. Supp., § 1682a21; Code 1932, § 2835; modified; T.C.A. (orig. ed.), § 54-1320.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-121. Compensation of engineers.

The engineers appointed under this part by the monthly county courts shall be paid for their services at rates the courts appointing them fix; and if not fixed, at the rate of five dollars ($5.00) per day while engaged in the work. In addition, they shall be paid all actual traveling expenses, an itemized account of the expenses to be kept by them and reported and sworn to.

Acts 1919, ch. 193, § 106; Shan. Supp., § 1682a120; Code 1932, § 2935; modified; T.C.A. (orig. ed.), § 54-1321.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-122. Engineer to survey and locate roads and improvements.

The engineer shall proceed to examine the land described in the petition and any other lands that may be benefited by the improvement or necessary in carrying out the improvement and survey and locate the road or improvements, as may be practicable to carry out the purposes of the petition and that will be of public benefit and utility or conducive to the public welfare.

Acts 1919, ch. 193, § 11; Shan. Supp., § 1682a22; Code 1932, § 2836; T.C.A. (orig. ed.), § 54-1322.

Collateral References.

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

54-12-123. Engineer's return — Contents.

The engineer shall make returns of and file the engineer's proceedings with the county clerk, which returns shall set forth the starting point, the route, the terminus or termini of the road or roads, or other improvements, such as the necessary bridges and culverts on the road or roads and the course and the length of the road or roads approximately through each tract of land as far as practicable, and the boundary of the proposed district and the description of each tract of land in the district as shown by the tax books, the names of the owners of the land as shown by the tax books, the probable cost of the improvement, and other facts and recommendations deemed material.

Acts 1919, ch. 193, § 12; Shan. Supp., § 1682a23; Code 1932, § 2837; modified; T.C.A. (orig. ed.), § 54-1323; impl. am. Acts 1978, ch. 934, §§ 22, 36.

54-12-124. Recalling engineer and appointing another.

The monthly county court may at any time recall the appointment of any engineer made under this part, if deemed advisable to do so, and appoint a replacement.

Acts 1919, ch. 193, § 13; Shan. Supp., § 1682a24; Code 1932, § 2838; modified; T.C.A. (orig. ed.), § 54-1324.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-125. Survey and location of roads along general course of present roads — Exception.

The roads provided for in this part shall be surveyed and located along the general course of the present roads between the termini set forth in the report, unless there is some good and sufficient reason why the course should be departed from to secure a new, better, or shorter road, or for any other good reason and having due regard to the straightening and shortening of the existing roads and the reduction of the grades on the existing roads.

Acts 1919, ch. 193, § 14; Shan. Supp., § 1682a25; Code 1932, § 2839; T.C.A. (orig. ed.), § 54-1325.

Collateral References.

Private citizen's right to complain of rerouting of highway or removal or change of route or directional signs. 97 A.L.R. 192.

54-12-126. Engineer to submit itemized expense account or do work for stipulated sum.

The engineer may employ necessary help such as axmen, rodmen, etc., returning an itemized expense account; or the court may contract with the engineer to furnish the engineer all help needed such as axmen, rodmen, etc., and to do the entire work or any specific part of the work, for a sum agreed upon and stipulated.

Acts 1919, ch. 193, § 15; Shan. Supp., § 1682a26; Code 1932, § 2840; T.C.A. (orig. ed.), § 54-1326.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-127. Expediency of plan — Determination by court — Submission of second plan.

1. Upon the filing of the return of the engineer, the monthly county court shall examine the return, and if the plan seems to be expedient and meets the approval of the court, it shall order the county clerk to cause notice to be given as provided in §§ 54-12-128 — 54-12-131; but if it does not appear to be expedient, and it is not approved, the court is authorized to direct the engineer or another selected by it to prepare another plan.
2. If the court deems the proposed improvement inexpedient or inadvisable after an examination of the return of the engineer or after a second further return, it may dismiss the petition and proceedings, and, in that event, it shall adjudge all costs and expenses incurred against the petitioners and the sureties on the bond.

Acts 1919, ch. 193, § 16; Shan. Supp., § 1682a27; Code 1932, § 2841; modified; T.C.A. (orig. ed.), § 54-1327.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-128. Summons or writ issued — Served upon whom.

1. When the plan, if any, has finally met the approval of the monthly county court, the court shall order the county clerk to issue a summons or writ to the sheriff of the proper county, the writ to run in the name of the state, commanding the sheriff to summon the persons named in the writ to appear before the monthly county court on the day set by it for the hearing of the petition.
2. The writ or summons shall name the owners of all tracts or lots of land not petitioners, within the proposed road improvement district, as shown by the tax books of the county, or by affidavit filed, and upon the persons in actual occupancy of the lands or lots, and also upon any lienholder or encumbrancer of any land in the proposed district, as shown by the county records, and shall notify them of the pendency of the petition and the prayer of the petition, but no copy of the petition shall accompany the writ.

Acts 1919, ch. 193, § 17; Shan. Supp., § 1682a28; Code 1932, § 2842; modified; T.C.A. (orig. ed.), § 54-1328.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-129. Service of writ — Acknowledgement.

The writ shall be served at least ten (10) days before the time set for the hearing of the matter of the petition, but shall not be issued for or served upon any of the persons described in § 54-12-128, who shall file with the clerk a statement in writing, signed by the party entering an appearance at the hearing and waiving any additional notice, or the service of the writ may be acknowledged.

Acts 1919, ch. 193, § 18; Shan. Supp., § 1682a29; Code 1932, § 2843; T.C.A. (orig. ed.), § 54-1329.

54-12-130. Publication for nonresidents, or those whose names or residences are unknown.

1. In case any such owner, lienholder or encumbrancer is a nonresident of the state, or the person's name or residence cannot be ascertained after diligent inquiry, and these facts are made to appear by affidavit filed, then publication shall be made for the owner, lienholder or encumbrancer for two (2) consecutive weeks in some newspaper of the county where the proceedings are pending, notifying the party or parties of the pendency and prayer of the petition, and to appear at the time set for the hearing on the petition, the last publication to be at least ten (10) days before the time set for hearing.
2. Proof of publication may be made as provided by law in chancery cases, and those who are actual owners, lienholders or encumbrancers may be made to appear to the clerk by the affidavit of any person acquainted with the facts or by the averments of the petition if sworn.

Acts 1919, ch. 193, § 19; Shan. Supp., § 1682a30; Code 1932, § 2844; T.C.A. (orig. ed.), § 54-1330.

54-12-131. Writ or publication need not state contents of petition or its prayer.

The writ or summons and the publication notice need not give or set out in any detail the contents of the petition or of its prayer.

Acts 1919, ch. 193, § 20; Shan. Supp., § 1682a31; Code 1932, § 2845; T.C.A. (orig. ed.), § 54-1331.

54-12-132. Adjournment until notice given — Jurisdiction not lost — Appearance without formal answer.

1. If at the time set for hearing it appears to the monthly county court that any person entitled to notice as provided in §§ 54-12-128 — 54-12-131 has not received notice, the hearing shall be adjourned until the person can be given the required notice, and the court shall not lose jurisdiction of the subject matter or of the persons already properly notified by the adjournment or postponement.
2. The person concerned may appear and be heard without formally answering the petition in writing; provided, that the writ or summons and the publication notice need not give or set out in any detail the contents of the petition or its prayer.

Acts 1919, ch. 193, §§ 21, 22; Shan. Supp., §§ 1682a32, 1682a33; Code 1932, §§ 2846, 2847; modified; T.C.A. (orig. ed.), § 54-1332.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-133. Claim for damages to be filed — Guardian or conservator ad litem appointed for persons under disability.

Any person claiming damages as compensation for or on account of the construction of the improvement shall file a claim in the office of the county clerk at least three (3) days prior to the day on which the petition has been set for hearing, and on failure to file the claim at the time specified shall be held to have waived any rights to the claim; provided, that if the person is an infant or adjudicated incompetent and without regular guardian or conservator, or the guardian or conservator has not been notified of the proceedings as provided in §§ 54-12-128 — 54-12-131 for notice, and the facts are made to appear by affidavit, the monthly county court shall appoint a guardian or conservator ad litem for the person, who may file the claim for damages, if deemed proper, for the person under disability, within the time allowed in this section or within three (3) days after the appointment.

Acts 1919, ch. 193, § 23; Shan. Supp., § 1682a34; Code 1932, § 2848; modified; T.C.A. (orig. ed.), § 54-1333; Acts 2011, ch. 47, § 54.

Compiler's Notes. Acts 2011, ch. 47, § 107 provided that nothing in the legislation shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of this legislation, which was July 1, 2011.

Acts 2011, ch. 47, § 108 provided that the provisions of the act are declared to be remedial in nature and all provisions of the act shall be liberally construed to effectuate its purposes.

Amendments. The 2011 amendment substituted “adjudicated incompetent and without regular guardian or conservator, or the guardian or conservator” for “a non compos mentis and without regular guardian, or the guardian” and substituted “a guardian or conservator ad litem” for “a guardian ad litem”.

Effective Dates. Acts 2011, ch. 47, § 110. July 1, 2011.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-134. Sufficiency of petition determined — Amendment of petition — District allowed or refused — If no claim for damages, district located and established.

1. The monthly county court, upon the hearing of the petition at the time set for hearing, or at the time to which the matter has been adjourned or continued, shall determine the sufficiency of the petition in form and manner, which petition may be amended at any time, as to form and substance, before final action on the petition; and if the court finds that the improvement district would not be for the public benefit or utility, or conducive to the public health or welfare, it shall dismiss the proceedings.
2. If the court should find the improvement conducive to the public health or welfare, or to the public benefit or utility, it shall determine and adjudge the necessity of the road improvement district.
3. If no claim for damages has been filed as provided for in §§ 54-12-136 — 54-12-151, the court may, if deemed advisable, locate and establish the district, or may refuse to establish the district, as the court deems best.

Acts 1919, ch. 193, § 24; Shan. Supp., § 1682a35; Code 1932, § 2849; modified; T.C.A. (orig. ed.), § 54-1334.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-135. Further examination and report by engineer ordered — Hearing continued until filing of report.

At the hearing, the monthly county court may order the engineer, or a new engineer appointed by it, if deemed advisable, to make further examination and report to the court as to the improvement in which the hearing shall be continued until the filing of the further report.

Acts 1919, ch. 193, § 25; Shan. Supp., § 1682a36; Code 1932, § 2850; modified; T.C.A. (orig. ed.), § 54-1335.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-136. Claims for damages prevent establishment of district until viewers appointed — Qualifications — Engineer to accompany viewers and give them information.

If any claims for damages have been filed, as provided in § 54-12-133, the monthly county court shall not establish the district until viewers have been appointed and have reported, and the court shall proceed to appoint three (3) viewers to assess the damages, who shall be disinterested freeholders of the county, and not related to any party interested in the proposed improvement, nor themselves interested in a like improvement, and the engineer appointed by the court shall accompany the viewers and furnish information called for by them concerning the survey of the improvement.

Acts 1919, ch. 193, § 26; Shan. Supp., § 1682a37; Code 1932, § 2851; modified; T.C.A. (orig. ed.), § 54-1336.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-137. Viewers upon being sworn to view premises, fix damages and report.

The viewers appointed to assess damages, after being duly sworn to act impartially and faithfully to the best of their abilities, shall proceed to view the premises and determine and fix the amount of damages to which each claimant is entitled, and file reports in writing with the county clerk showing the amount of damages to which each claimant would be entitled, because of the establishment of proposed improvement.

Acts 1919, ch. 193, § 27; Shan. Supp., § 1682a38; Code 1932, § 2852; modified; T.C.A. (orig. ed.), § 54-1337; impl. am. Acts 1978, ch. 934, §§ 22, 36.

54-12-138. Report of viewers to be filed promptly — Others appointed upon failure to act.

The report of the viewers shall be filed as soon as practicable, and if any of them fails or refuses to act, for any reason, or they do not proceed to act with promptness, the monthly county court may appoint others as viewers in the place of any or all of them.

Acts 1919, ch. 193, § 28; Shan. Supp., § 1682a39; Code 1932, § 2853; modified; T.C.A. (orig. ed.), § 54-1338.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-139. Value of land — Incidental benefits considered in estimating incidental damages.

In establishing the damages, the viewers shall give the value of the land proposed to be taken without deduction, but incidental benefits that may result to the owners by reason of the proposed improvement may be taken into consideration in estimating the incidental damages.

Acts 1919, ch. 193, § 29; Shan. Supp., § 1682a40; Code 1932, § 2854; T.C.A. (orig. ed.), § 54-1339.

54-12-140. Damages awarded considered in establishing district — Location and establishment — Damages determined.

After the filing of the report of the viewers, the monthly county court shall consider the amount of damages awarded in deciding whether the road improvement district should be established. If, in its judgment, the probable cost of construction is not a greater burden than should be properly borne by the land benefited by the improvement and the improvement is conducive to the public health or welfare, or to the public benefit or utility, then the court shall locate and establish the road improvement district by proper order or judgment, to be entered of record, and the court shall then proceed to determine the amount of damages sustained by each claimant, and may hear evidence in respect to the amount of damages, and may increase or diminish the amount awarded by the viewers as deemed just and right.

Acts 1919, ch. 193, § 30; Shan. Supp., § 1682a41; Code 1932, § 2855; modified; T.C.A. (orig. ed.), § 54-1340.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

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.

54-12-141. Appeal from decision establishing district or allowing damages — Appeal bond.

1. Any party aggrieved may appeal to the circuit court from the decision of the monthly county court in establishing or refusing to establish the improvement district, or its decision in the allowance of damages.
2. Any party desiring to appeal shall have the right to have the benefit of the appeal at any time within five (5) days after the decision is made, without formally praying an appeal, at the same time filing a bond, to be approved by the clerk in the sum and condition prescribed in §§ 54-12-104 and 54-12-109.

Acts 1919, ch. 193, § 31; Shan. Supp., § 1682a42; Code 1932, § 2856; modified; T.C.A. (orig. ed.), § 54-1341.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-142. Appeal from order establishing or refusing to establish district, and penalty of appeal bond — Damages on appeal bond.

1. When any person opposing the creation of the district appeals from the order or decision of the monthly county court establishing or creating the district, the person shall execute bond, with good security, in the penalty of four percent (4%) of the estimated cost of the improvement, as shown by the engineer's report, and conditioned to pay all damages, actual and punitive, if any, and costs as may be suffered by the district and the petitioners for the appeal, if the appeal is not successfully prosecuted, the damages to be recovered by suit upon the bond or writ of inquiry in the circuit court that may be awarded in those cases.
2. If the appeal is from an order or judgment of the monthly county court refusing to establish the district, the appeal bond shall be for costs only, and the appeal bond, when made by persons asking damages or by persons opposing the establishment of the district, shall be made payable to the state for the use of those entitled, upon which bond judgment may be rendered in favor of the party or parties litigant for costs, and suits maintained for damages, actual, and also punitive, if any, in the name of the state, for the use of the district or parties entitled.

Acts 1919, ch. 193, § 32; Shan. Supp., § 1682a43; Code 1932, § 2857; modified; T.C.A. (orig. ed.), § 54-1342.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-143. Appeal bond signed for all petitioner appellants by a designated petitioner — Surety on bond required — Pauper's oath not allowed.

1. If an order has been entered by the monthly county court creating or establishing the district, and giving it a name or designation, the bonds, when the district or petitioners for the district are appellants, may be made by the district in that name, to be signed by one (1) of the petitioners nominated for that purpose by the court, it being declared the duty of the court to nominate some of the petitioners for this purpose.
2. On any appeal from the circuit court to an appellate court, the name of the district, if it has been ordered established by the court, may in like manner be signed to any appeal bond, the circuit court nominating the petitioner to so sign it.
3. Nothing in this part shall be construed as excusing the giving of good security on any bonds for appeal, and the district shall be liable for any damages and costs adjudged against it on any appeal as well as the sureties on the bonds.
4. The oath provided by law for poor persons shall not be allowed in lieu of the bonds.

Acts 1919, ch. 193, § 33; Shan. Supp., § 1682a44; Code 1932, § 2858; modified; T.C.A. (orig. ed.), § 54-1343.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-144. Appeal from award of damages will not prevent appropriation and condemnation of land, if petitioners give bond.

When an appeal is taken and prosecuted from the judgment or order of the monthly county court awarding damages, the appeal shall not prevent the work of the improvement district from proceeding, nor with the appropriation and condemnation of the lands, as provided in §§ 54-12-151 and 54-12-152, if the district or the petitioners for the appeal, or any of them, give bond with good security, payable to the party or person awarded damages in double the amount of damages awarded and costs as may be awarded on appeal.

Acts 1919, ch. 193, § 34; Shan. Supp., § 1682a45; Code 1932, § 2859; modified; T.C.A. (orig. ed.), § 54-1344.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-145. Appeal heard de novo by circuit court that enters no judgment but enters amount fixed — Clerk certifies to monthly county court.

The circuit court shall hear the appeal de novo; and if the appeal is from the amount of damages allowed by the monthly county court, the amount ascertained and fixed by the circuit court shall be entered of record, but no judgment shall be entered. The amount thus ascertained shall be certified by the clerk of the circuit court to the monthly county court, which shall thereafter proceed as if the monthly county court had allowed the claimant that amount as damages.

Acts 1919, ch. 193, § 35; Shan. Supp., § 1682a46; Code 1932, § 2860; modified; T.C.A. (orig. ed.), § 54-1345.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-146. Circuit court order entered — Certified to monthly county court.

If the appeal is from the action of the monthly county court in establishing or refusing to establish the road improvement district, the circuit court shall enter an order as it deems just and proper in the premises, and the clerk of the circuit court shall certify the same to the monthly county court, which shall proceed thereafter in the matter in accordance with the order of the circuit court.

Acts 1919, ch. 193, § 36; Shan. Supp., § 1682a47; Code 1932, § 2861; modified; T.C.A. (orig. ed.), § 54-1346.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-147. Appellants as plaintiffs in circuit court — Consolidation of damage cases — One transcript in several appeals.

1. In the circuit court, the cases shall be docketed with the appellant or appellants as plaintiffs, and the adversary parties as defendants, and where there are several appellants on questions of damages, the circuit court may consolidate the causes and hear or try them together, if practicable, making proper findings or orders as to each.
2. If the appeals from orders of the monthly county court are made at the same session where there are several appellants, at their request, only one (1) transcript shall be made.

Acts 1919, ch. 193, § 37; Shan. Supp., § 1682a48; Code 1932, § 2862; modified; T.C.A. (orig. ed.), § 54-1347.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-148. Costs in discretion of circuit court.

On the appeals, it shall rest in the discretion of the circuit court how costs shall be adjudged and distributed among the litigants.

Acts 1919, ch. 193, § 38; Shan. Supp., § 1682a49; Code 1932, § 2863; T.C.A. (orig. ed.), § 54-1348.

54-12-149. Trial with or without a jury in circuit court.

The trial in the circuit court shall be with or without a jury, as the court may deem the right of the parties to be, under the particular issues to be tried, the right to a jury being accorded wherever the parties have the right under the law of the land.

Acts 1919, ch. 193, § 39; Shan. Supp., § 1682a50; Code 1932, § 2864; T.C.A. (orig. ed.), § 54-1349.

54-12-150. Damages fixed shall be paid or secured — Manner of payment.

After the amount of damages due any claimant or claimants has been finally ascertained and fixed by the monthly county court, the court shall require the damages to be paid, in the first instance, by the parties benefited by the road improvement district, or be secured, to be paid upon terms and conditions the court deems just and proper.

Acts 1919, ch. 193, § 40; Shan. Supp., § 1682a51; Code 1932, § 2865; modified; T.C.A. (orig. ed.), § 54-1350.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-151. Condemnation after damages are paid or secured.

After the damages have been paid or secured, the monthly county court shall enter a proper order of condemnation showing all the lands are appropriated and belong to the road improvement district for all its necessary purposes.

Acts 1919, ch. 193, § 41; Shan. Supp., § 1682a52; Code 1932, § 2866; modified; T.C.A. (orig. ed.), § 54-1351.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-152. Appropriation of right-of-way, and of other necessary lands.

In establishing any road improvement district, all necessary lands may be appropriated as provided in this part and a right-of-way of as much as one hundred feet (100') may be so appropriated if deemed necessary for the sites and location of any road to be built under this chapter, but the provision in this section as to the width of the right-of-way shall not prevent the monthly county court from ordering the appropriation of other lands deemed necessary for the purposes of the improvement district under this chapter.

Acts 1919, ch. 193, § 42; Shan. Supp., § 1682a53; Code 1932, § 2867; modified; T.C.A. (orig. ed.), § 54-1352.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

Collateral References.

Injunction against exercise of power of eminent domain. 93 A.L.R.2d 465.

54-12-153. Engineer or another appointee directed to make more complete survey and estimate of cost of improvement.

1. After the road improvement district is established by the monthly county court, and all damages paid or secured, if the court is of the opinion that the report of the engineer already made is not sufficiently full or definite to enable the proper letting of contracts for the construction of the improvement, or for other reasons is not as full and definite as it should be, the court shall direct the engineer, or another appointed by the court for that purpose, to make a further and more complete survey and estimates of the district and cost of proposed improvements, and report to the court as to the same, giving all necessary and required information; how much of the improvements will be upon each tract of land, as nearly as practicable, giving definite estimates as to the cost and character of work, and dividing the work into convenient sections for making contracts, etc., and giving other particulars the court sees fit to direct.
2. The report of the engineer shall be made and filed with the county clerk without unreasonable delay, and if the engineer fails to act with reasonable promptness, the court may remove the engineer and appoint another.

Acts 1919, ch. 193, § 43; Shan. Supp., § 1682a54; Code 1932, § 2868; modified; T.C.A. (orig. ed.), § 54-1353.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-154. Publication — Requisites — Effect.

1. Publication in a newspaper published in the county where the petition is filed and proceedings are pending, for two (2) consecutive weeks, of the time and place set for the hearing of the petition to establish the district, shall be sufficient notice to the persons concerned as owners, lienholders, encumbrancers, mortgagees, occupants, or in any other way, whether residents of the state, or nonresidents of the state, the last publication to be at least ten (10) days before the date set for the hearing.
2. 1. The notice by publication shall have the same force and effect upon those concerned as mentioned in subsection (a), who are not petitioners, and who are residents of the state, as well as nonresidents, for all purposes of the proceedings, as process would have duly issued from the court and served personally upon them by an officer.
   2. The publication notice need not give the names of the persons notified to appear, but need give only a brief statement of the purpose of the hearing, a reference to the petition on file for further information, as to the purpose of the proceeding, before what court the petition is to be heard, and the time and place of hearing; provided, that if the proposed district is to embrace lands in more than one (1) county, if established, the publication shall be made in one (1) newspaper published in each of the counties.

Acts 1919, ch. 193, § 125; Shan. Supp., § 1682a139; Code 1932, § 2954; T.C.A. (orig. ed.), § 54-1354.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

Hearings, §§ 54-12-108, 54-12-132, 54-12-133, 54-12-135.

Publication of hearing assessments and apportionments, § 54-12-209.

54-12-155. Intent of § 54-12-154.

Section 54-12-154 is not intended to repeal any portion of this chapter, but is intended to furnish an additional method of proceeding, to bring the parties concerned before the court in seeking to establish a road improvement district, and to leave the petitioners for the district to their option whether they will proceed under other provisions of this chapter or under § 54-12-154 in giving notice to the parties of the hearing, and in bringing them before the court.

Acts 1919, ch. 193, § 126; Shan. Supp., § 1682a140; Code 1932, § 2955; T.C.A. (orig. ed.), § 54-1355.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-156. Road improvement record book — Maintenance by county clerk — Contents — Entries made in regular minute book.

1. In any county where a road improvement district is sought to be established, the county clerk of the county shall provide a book to be known as the road improvement record and to be paid for by the county.
2. The clerk shall keep in the road improvement record a full and complete record of all proceedings in each case arising under this chapter, including all orders made by the monthly county court, and certified from the circuit court, and a copy of the original petition shall be enrolled in the book of record, and all bonds required to be given; and all orders and judgments of the monthly county court, touching any matter of the district, may be entered into the regular minute book; but it shall be sufficient if the orders or judgments are entered either upon the road improvement record or the regular minute book.

Acts 1919, ch. 193, § 65; Shan. Supp., § 1682a79; Code 1932, § 2893; modified; T.C.A. (orig. ed.), § 54-1356; impl. am. Acts 1978, ch. 934, §§ 22, 36.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-157. Fees of county clerk — Allowance for extra services.

The fees of the county clerk in proceedings under this chapter shall be the same as for similar services now allowed by law, and in such case the monthly county court may allow the clerk an additional sum for extra services or services not covered by existing fee bills or statutes, to be fixed by the court, and paid as other costs and expenses in the case of proceeding.

Acts 1919, ch. 193, § 66; Shan. Supp., § 1682a80; Code 1932, § 2894; modified; T.C.A. (orig. ed.), § 54-1357; impl. am. Acts 1978, ch. 934, §§ 22, 36.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-158. Compensation and expenses of viewers, commissioners, and of helpers.

1. The viewers and commissioners provided for by this part and part 2 of this chapter shall be paid at the rate of three dollars ($3.00) per day while engaged in the work, and, in addition, all actual expenses, including board paid for, itemized accounts for the expenses being reported and sworn.
2. Other necessary help aiding the engineers, viewers, or commissioners such as chain carriers, axmen, etc., shall be paid not more than two dollars ($2.00) per day.

Acts 1919, ch. 193, § 107; Shan. Supp., § 1682a121; Code 1932, § 2936; T.C.A. (orig. ed.), § 54-1358.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

54-12-159. Compensation to be fixed by monthly county court where no provision made.

If any services are required of any person under this chapter, and the rate of pay is not provided within this chapter, then the monthly county court shall fix the amount, or rate of pay in those cases.

Acts 1919, ch. 193, § 112; Shan. Supp., § 1682a126; Code 1932, § 2941; modified; T.C.A. (orig. ed.), § 54-1359.

Cross-References. Authority of the monthly county court, title 5.

Body exercising jurisdiction of former monthly county court, § 54-12-102.

Part 2
Commissioners and Apportionment of Costs

54-13-101. Private and local improvements authorized by county legislative body.

The county legislative body may provide for making private and local improvements, within the limits of the county, that are contemplated by article XI, §§ 9 and 10 of the Tennessee Constitution under restrictions, limitations, and conditions that in its discretion seem right and proper, such as public roads, and the like.

Code 1858, § 1257 (deriv. Acts 1835-1836, ch. 29, § 1); Shan., § 1721; Code 1932, § 3047; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1701; Acts 2013, ch. 308, § 12.

Amendments. The 2013 amendment substituted “public roads” for “toll bridges, causeways across bottoms, fish traps, milldams, ferries, public roads,” near the end.

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

Cross-References. County legislative body permitting or removing improvements, § 69-1-111.

Incorporation acts left unrepealed, § 1-2-105.

Municipal streets and improvements, title 7, ch. 31.

Power of county legislative body, § 54-10-102.

Proceeding by petition for building bridge or causeway, § 54-11-213.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Bridges, § 11.

Law Reviews.

Water Rights in Tennessee (Mahlon L. Townsend), 27 Tenn. L. Rev. 557.

Comparative Legislation. Private and local improvements:

Ala.  Code § 23-1-1 et seq.

Ark.  Code § 14-318-101 et seq.

Ky. Rev. Stat. Ann. § 177.330.

Miss.  Code Ann. § 65-19-1 et seq.

N.C. Gen. Stat. § 136-66.1.

Va. Code § 15.2-2318 et seq.

54-13-102. Navigable stream — Obstructions prohibited.

No county legislative body shall permit a bridge, milldam, fish trap, or other improvement to be so constructed as to interrupt or in any way injure or impair the navigation of the streams that are naturally navigable, or that have been declared to be so by law.

Code 1858, § 1259 (deriv. Acts 1835-1836, ch. 29, § 4); Shan., § 1723; Code 1932, § 3049; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1703.

Cross-References. Navigation not to be interrupted, § 69-1-111.

Obstructing rivers penalized, §§ 69-1-107 — 69-1-117.

Textbooks. Tennessee Jurisprudence, 25 Tenn. Juris., Waters and Watercourses, § 20.

Law Reviews.

The Movement for New Water Rights Laws in the Tennessee Valley States (Robert H. Marquis, Richard M. Freeman and Milton S. Heath, Jr.), 23 Tenn. L. Rev. 797.

54-13-103. Petition for local improvement.

Any person desiring authority to make the improvement shall present a petition to the county legislative body of the county where the improvement is to be made, setting forth the nature and object of the application.

Code 1858, § 1261 (deriv. Acts 1835-1836, ch. 29, § 6); Shan., § 1725; Code 1932, § 3051; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A. (orig. ed.), § 54-1705.

Proceeding by petition for building bridge or causeway, § 54-11-213.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Bridges, § 4.

54-13-104. [Repealed.]

Code 1858, § 1273 (deriv. Acts 1804, ch. 1, § 18; 1815, ch. 121, § 1); Shan., § 1737; Code 1932, § 3063; T.C.A. (orig. ed.), § 54-1730; repealed by Acts 2013, ch. 308, § 13, effective July 1, 2013.

Compiler's Notes. Former § 54-13-104 concerned specified persons and baggage for which ferries and toll bridges are free.

Part 2
Toll Bridges [Repealed]

NOTES TO DECISIONS

1. In General.

This chapter governs only the mode and method of obtaining easements by necessity and where the easement is created by partition that easement is not in any manner limited or restricted by the statutes governing easements by necessity. Edminston Corp. v. Carpenter, 540 S.W.2d 260, 1976 Tenn. App. LEXIS 243 (Tenn. Ct. App. 1976).

T.C.A. § 54-14-101(a)(1), clearly indicates it is the jury of view's function to decide which property had the most adequate, convenient, and economical location for an easement to prevent a property owner from being landlocked with respect to access between the owner's property and a public road; even if jury of view had not submitted a report on those matters in alleged landlocked property owners' case, the court could not decide the matter as a condemnation proceeding. Barge v. Sadler, 70 S.W.3d 683, 2002 Tenn. LEXIS 85 (Tenn. 2002).

Where a sixty-acre tract of landlocked land and a fifty-foot easement were leased and a contract for an option to purchase land excluded the sixty-acre leased tract from the option, remand was necessary because: (1) The option agreement excluded only the sixty-acre tract of land originally leased and did not exclude the easement tract; and (2) It was necessary to make a determination of the easement to which defendants were entitled pursuant to statutory provisions. Seaton v. Rowe, — S.W.3d —, 2007 Tenn. App. LEXIS 127 (Tenn. Ct. App. Mar. 9, 2007).

2. Constitutionality.

Acts 1811, ch. 60, § 1, providing for opening of a road by a blocked-in petitioner over land of his neighbor was held unconstitutional in Clack v. White, 32 Tenn. 540, 1852 Tenn. LEXIS 113 (1852), on the ground that the general assembly could not authorize the taking of land from one property owner for the use of another, and Acts 1868-69, ch. 14, which was a reenactment of Acts 1811, was also held unconstitutional on the basis of Clack v. White  in Carson v. Moore , 2 Shannon's Cases 500 (1877), but in 1915, 1868-69 Acts were held constitutional in Bashor v. Bowman, 133 Tenn. 269, 180 S.W. 326, 1915 Tenn. LEXIS 92 (1915), on the ground that the Code 1858, § 1182 (Shannon's Code 1617), provided that all roads laid out or appointed agreeably to law are deemed public roads, and Bashor v. Bowman, 133 Tenn. 269, 180 S.W. 326, 1915 Tenn. LEXIS 92 (1915), was approved in Derryberry v. Beck, 153 Tenn. 220, 280 S.W. 1014, 1925 Tenn. LEXIS 22 (1925), wherein a similar private act was held constitutional.

The roadways authorized by this section and by §§ 54-14-102 — 54-14-117 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. Construction.

The only substantial difference between this section and § 54-14-102 is that under this section exclusive jurisdiction is conferred upon the county court (now general sessions court), while under § 54-14-102, chancery and circuit courts and county courts (now general sessions court) are given concurrent jurisdiction. Flowers v. Cherry, 157 Tenn. 359, 8 S.W.2d 483, 1928 Tenn. LEXIS 199 (1928).

The enactment of § 54-14-102 did not nullify proceedings then pending under this section when such proceedings had been lawfully constituted, nor did the enactment of § 54-14-102 operate to prevent petitioner in such pending proceedings from prosecuting them to final judgment. Flowers v. Cherry, 157 Tenn. 359, 8 S.W.2d 483, 1928 Tenn. LEXIS 199 (1928).

The statutory provisions of this chapter are inapplicable to easements created by an express grant. Schmutzer v. Smith, 679 S.W.2d 453, 1984 Tenn. App. LEXIS 2986 (Tenn. Ct. App. 1984).

It was error to hold a neighbor's boat access to island land made T.C.A. § 54-14-102(a) inapplicable to allow the neighbor access over landowners' causeway because: (1) this did not defeat a private condemnation action; (2) such boat access was not adequate or convenient; and (3) it was impractical to make the neighbor build another causeway, so the neighbor was entitled to private condemnation of an easement over the landowners' land to access a public road. Walker v. Smith, — S.W.3d —, 2014 Tenn. App. LEXIS 406 (Tenn. Ct. App. July 11, 2014).

Trial court had subject matter jurisdiction to find rights to use a causeway over a navigable river in the context of a claim for private condemnation of an easement because federal courts had no exclusive jurisdiction. Walker v. Smith, — S.W.3d —, 2014 Tenn. App. LEXIS 406 (Tenn. Ct. App. July 11, 2014).

It was error to enjoin a neighbor's use of a causeway over a navigable river to reach the neighbor's island property because: (1) landowners had no exclusive right to the causeway under an Army Corps of Engineers (Corps) permit; (2) only the Corps controlled the causeway; and (3) the Corps did not limit access. Walker v. Smith, — S.W.3d —, 2014 Tenn. App. LEXIS 406 (Tenn. Ct. App. July 11, 2014).

State of Tennessee and a town were entitled to dismissal in a property owner's suit to condemn an easement or right-of-way to access landlocked property because the statutory scheme on which the owner relied did not contain an explicit waiver of sovereign immunity. Bratcher v. Hubler, 508 S.W.3d 206, 2015 Tenn. App. LEXIS 833 (Tenn. Ct. App. Oct. 12, 2015), appeal denied, — S.W.3d —, 2016 Tenn. LEXIS 155 (Tenn. Feb. 18, 2016).

4. Power of County Legislative Body.

In proceedings under this section, it is error for the county court (now general sessions court) to divest the owner of the land of his title and vest it in the public, since the public obtained no title to the road, but only an easement or right-of-way. Carroll v. Griffith, 117 Tenn. 500, 97 S.W. 66, 1906 Tenn. LEXIS 60 (1906).

Power may be lawfully granted for the opening of a road over privately owned land, at the instance and primarily for the benefit of an otherwise confined private landowner, if the road automatically becomes, upon its opening, public, which is held to be the result under this act. Derryberry v. Beck, 153 Tenn. 220, 280 S.W. 1014, 1925 Tenn. LEXIS 22 (1926).

An easement could be granted by a county court (now general sessions court) in a partition action. Edminston Corp. v. Carpenter, 540 S.W.2d 260, 1976 Tenn. App. LEXIS 243 (Tenn. Ct. App. 1976).

5. No Easement Established.

Claimants had no implied easement by necessity for use of a driveway over their neighbor's property where uncontroverted evidence showed that the claimants could easily have made another driveway wholly on their own land. Bradley v. McLeod, 984 S.W.2d 929, 1998 Tenn. App. LEXIS 547 (Tenn. Ct. App. 1998), overruled in part, Harris v. Chern, 33 S.W.3d 741, 2000 Tenn. LEXIS 687 (Tenn. 2000).

Because the trial court found that plaintiffs had an adequate and convenient outlet to a public road by virtue of the grant of the right-of-way by their neighbors, plaintiffs could not seek to condemn an easement under either T.C.A. § 54-14-101 or § 54-14-102. Atkins v. Saunders, — S.W.3d —, 2019 Tenn. App. LEXIS 283 (Tenn. Ct. App. June 5, 2019).

6. Voluntary Nonsuit.

Appellate court overruled the assertion that the matter was submitted to the trier of fact and could not be nonsuited without prejudice since the jury of view filed its report, because a jury of view in a condemnation proceeding was not the equivalent of a jury in a jury trial for the purposes of Tenn. R. Civ. P. 41.01, and the filing of the jury of view's report did not submit the matter to the trier of fact for the purposes of limiting the right to a Tenn. R. Civ. P. 41.01 voluntary dismissal. Wolfe v. Jaeger, — S.W.3d —, 2009 Tenn. App. LEXIS 108 (Tenn. Ct. App. Mar. 19, 2009).

Property owner was not barred from taking a voluntary nonsuit after the jury of view returned its verdict form selecting a certain route for an easement because the trial court's order did not confirm, approve, or adopt the report; a decision of the jury of view, without more, is not binding on the parties or the trial court, nor does it vest a right in either of the parties. Douglas v. Lowe, — S.W.3d —, 2013 Tenn. App. LEXIS 739 (Tenn. Ct. App. Nov. 12, 2013).

7. Zoning.

Property's rezoning was proper because part of the property was not undevelopable for lack of access to a public road, as T.C.A. § 54-14-101 let any owner of landlocked property condemn access to a public road through adjacent land. Benson v. Knox County, — S.W.3d —, 2016 Tenn. App. LEXIS 320 (Tenn. Ct. App. May 12, 2016).

Collateral References. 39 Am. Jur. 2d Highways, Streets, and Bridges § 53.

72 C.J.S. Private Roads § 1 et seq.

May right-of-way be appurtenant where the servient tenement is not adjacent to the dominant. 76 A.L.R. 597.

Right of owners of parcels into which dominant tenement has been divided, to use a right-of-way. 10 A.L.R.3d 960.

Power of mortgagor to dedicate land or interest therein. 63 A.L.R.2d 1160.

Private roads 1 et seq.

NOTES TO DECISIONS

1. Constitutionality.

The road becoming public on opening, the statute is constitutional. Bashor v. Bowman, 133 Tenn. 269, 180 S.W. 326, 1915 Tenn. LEXIS 92 (1915); Derryberry v. Beck, 153 Tenn. 220, 280 S.W. 1014, 1925 Tenn. LEXIS 22 (1926).

The roadways authorized by this section and by §§ 54-14-102 — 54-14-117 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).

2. Construction.

Fact that action to enforce easement over road was brought in chancery court did not give that court right to ignore statutory requirements in derogation of landowner's common rights, since these rights must be strictly construed in landowner's favor. Swicegood v. Feezell, 29 Tenn. App. 348, 196 S.W.2d 713, 1946 Tenn. App. LEXIS 73 (Tenn. Ct. App. 1946).

3. Scope of Section.

The language used in this section covers every situation where a party is without an adequate and convenient outlet to a public road. DeBusk v. Riley, 154 Tenn. 381, 289 S.W. 493, 1926 Tenn. LEXIS 137 (1926); Fite v. Gassaway, 27 Tenn. App. 692, 184 S.W.2d 564, 1944 Tenn. App. LEXIS 55 (Tenn. Ct. App. 1944).

An inadequate way may be widened and gates, if any, removed upon the owner of the servient estate being adequately compensated. DeBusk v. Riley, 154 Tenn. 381, 289 S.W. 493, 1926 Tenn. LEXIS 137 (1926).

This statute was passed for the benefit of landowners whose lands are cut off from access to a public road, “by the intervening lands of another,” and petitioner's right to condemn a right-of-way is not affected by the fact that after leaving the right-of-way he must cross other lands of his own to reach a public road. Brady v. Correll, 20 Tenn. App. 224, 97 S.W.2d 448, 1936 Tenn. App. LEXIS 15 (Tenn. Ct. App. 1936).

Where it was shown that the only egress and ingress to plaintiff's land was by water and that this was not adequate or convenient, the plaintiff was allowed to invoke this section. Brady v. Correll, 20 Tenn. App. 224, 97 S.W.2d 448, 1936 Tenn. App. LEXIS 15 (Tenn. Ct. App. 1936).

Plaintiff was allowed to acquire a right-of-way over defendant's land where he could show that the only exit via his own land would require the construction of a road over high, steep, rough hills, and even then this exit would not be convenient or adequate. Fite v. Gassaway, 27 Tenn. App. 692, 184 S.W.2d 564, 1944 Tenn. App. LEXIS 55 (Tenn. Ct. App. 1944).

General assembly had no intention of restricting the right-of-way to any way out; they plainly say if the outlet is not “adequate and convenient” the shut-in may condemn a way out. Swicegood v. Feezell, 29 Tenn. App. 348, 196 S.W.2d 713, 1946 Tenn. App. LEXIS 73 (Tenn. Ct. App. 1946).

The language of this statute has been construed to cover every situation where a party is without an adequate and convenient outlet to a public road, but relief will not be withheld because the party seeking to condemn has another outlet that is not adequate and convenient or because, at great expense, another outlet might be provided that would still be inadequate. Lay v. Pi Beta Phi, Inc., 30 Tenn. App. 423, 207 S.W.2d 4, 1947 Tenn. App. LEXIS 99 (Tenn. Ct. App. 1947).

The easement or right-of-way condemned under T.C.A. § 54-14-102 is a private and not a public way; it belongs to the owner of the land benefited thereby, and it continues as long as it is used and maintained by the owner for the limited purpose of ingress and egress. Mills v. Solomon, 43 S.W.3d 503, 2000 Tenn. App. LEXIS 545 (Tenn. Ct. App. 2000).

It was error to enjoin a neighbor's use of a causeway over a navigable river to reach the neighbor's island property because: (1) landowners had no exclusive right to the causeway under an Army Corps of Engineers (Corps) permit; (2) only the Corps controlled the causeway; and (3) the Corps did not limit access. Walker v. Smith, — S.W.3d —, 2014 Tenn. App. LEXIS 406 (Tenn. Ct. App. July 11, 2014).

Trial court had subject matter jurisdiction to find rights to use a causeway over a navigable river in the context of a claim for private condemnation of an easement because federal courts had no exclusive jurisdiction. Walker v. Smith, — S.W.3d —, 2014 Tenn. App. LEXIS 406 (Tenn. Ct. App. July 11, 2014).

4. Condemnation.

By condemnation the petitioner does not become vested with the fee to the land condemned for a right-of-way but only has an easement which reverts upon nonuse to the owner of the servient estate. Brady v. Correll, 20 Tenn. App. 224, 97 S.W.2d 448, 1936 Tenn. App. LEXIS 15 (Tenn. Ct. App. 1936).

It is not inconsistent in an action to acquire a right-of-way over another's land to plead both a right by prescription and also to ask for condemnation since both ask for the same relief, the title to the land. Fite v. Gassaway, 27 Tenn. App. 692, 184 S.W.2d 564, 1944 Tenn. App. LEXIS 55 (Tenn. Ct. App. 1944).

A right or interest already owned by condemner may be increased and the fact that the condemner already owns some interest in the property is not a bar to his acquisition under the right of eminent domain of the fee title, or of some other additional or increased interest. Lay v. Pi Beta Phi, Inc., 30 Tenn. App. 423, 207 S.W.2d 4, 1947 Tenn. App. LEXIS 99 (Tenn. Ct. App. 1947).

By condemning an easement pursuant to T.C.A. § 54-14-102, dominant tenement owner did not acquire title to the strip of property over which the easement lay; rather, all that was acquired was the right to use the property for the limited purpose of ingress to and egress from the owner's landlocked property. Mills v. Solomon, 43 S.W.3d 503, 2000 Tenn. App. LEXIS 545 (Tenn. Ct. App. 2000).

It was error to hold a neighbor's boat access to island land made T.C.A. § 54-14-102(a) inapplicable to allow the neighbor access over landowners' causeway because: (1) this did not defeat a private condemnation action; (2) such boat access was not adequate or convenient; and (3) it was impractical to make the neighbor build another causeway, so the neighbor was entitled to private condemnation of an easement over the landowners' land to access a public road. Walker v. Smith, — S.W.3d —, 2014 Tenn. App. LEXIS 406 (Tenn. Ct. App. July 11, 2014).

Because the trial court found that plaintiffs had an adequate and convenient outlet to a public road by virtue of the grant of the right-of-way by their neighbors, plaintiffs could not seek to condemn an easement under either T.C.A. § 54-14-101 or § 54-14-102. Atkins v. Saunders, — S.W.3d —, 2019 Tenn. App. LEXIS 283 (Tenn. Ct. App. June 5, 2019).

5. Appeal.

Under this statute, passed pending a suit to condemn, an appeal from the judgment in county court (now general sessions court) should have been to appellate and not circuit court. Flowers v. Cherry, 157 Tenn. 359, 8 S.W.2d 483, 1928 Tenn. LEXIS 199 (1928).

Where an objection merely asserts there is a constitutional question involved and the court is not cited to a constitutional provision, the Court of Appeals has jurisdiction. Brady v. Correll, 20 Tenn. App. 224, 97 S.W.2d 448, 1936 Tenn. App. LEXIS 15 (Tenn. Ct. App. 1936).

Sections 54-14-102 — 54-14-117 shall not apply where the landowner has an adequate and convenient outlet nor do such sections warrant condemnation as a mere matter of convenience. 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).

Landowners who already had 20-foot right-of-way across railroad that was an adequate and convenient outlet for ingress and egress to the public highway could not utilize §§ 54-14-102 — 54-14-117 to condemn a 50-foot right-of-way across railroad even though the 20-foot right-of-way might not be adequate if the land should be subdivided. 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).

Bond provision of T.C.A § 29-16-102 does not apply to a proceeding brought pursuant to T.C.A. § 54-14-102. Mills v. Solomon, 43 S.W.3d 503, 2000 Tenn. App. LEXIS 545 (Tenn. Ct. App. 2000).

Where a sixty-acre tract of landlocked land and a fifty-foot easement were leased and a contract for an option to purchase land excluded the sixty-acre leased tract from the option, remand was necessary because: (1) The option agreement excluded only the sixty-acre tract of land originally leased and did not exclude the easement tract; and (2) It was necessary to make a determination of the easement to which defendants were entitled pursuant to statutory provisions. Seaton v. Rowe, — S.W.3d —, 2007 Tenn. App. LEXIS 127 (Tenn. Ct. App. Mar. 9, 2007).

Collateral References.

Logging road, exercise of eminent domain for purpose of. 86 A.L.R. 552.

NOTES TO DECISIONS

1. Necessity of Joining Property Owner.

Provisions of this section do not say that a proceeding will be void if the property owner's are not made parties, but this section means that one cannot acquire rights through and over these properties unless these parties are made parties to the action. Swicegood v. Feezell, 29 Tenn. App. 348, 196 S.W.2d 713, 1946 Tenn. App. LEXIS 73 (Tenn. Ct. App. 1946).

Alleged landlocked property owner's failure to name all adjacent property owners as defendants in a case where property owner alleged the property was landlocked was not fatal to the claim, but on remand the trial court was directed to have the alleged landlocked property owner name as party defendants all landowners whose property might provide an easement that could be used to access a public road from the property. Barge v. Sadler, 70 S.W.3d 683, 2002 Tenn. LEXIS 85 (Tenn. 2002).

2. Nonjoinder of Necessary Parties.

The nonjoinder of necessary parties to an action can be taken advantage of only by plea in abatement or answer, unless it appears on the face of the complaint, in which case it may be taken advantage of by demurrer or motion in arrest of judgment. Brady v. Correll, 20 Tenn. App. 224, 97 S.W.2d 448, 1936 Tenn. App. LEXIS 15 (Tenn. Ct. App. 1936).

3. Description.

Unless there is proper description setting forth some specific boundaries in the petition or exhibits attached thereto and made a part thereof, a decree cannot be made fixing this right of the complainant. Swicegood v. Feezell, 29 Tenn. App. 348, 196 S.W.2d 713, 1946 Tenn. App. LEXIS 73 (Tenn. Ct. App. 1946).

4. Posting Bond.

T.C.A. § 54-14-103(b) provides some of the same protection as the appeal bond required by T.C.A. § 29-16-120, but it provides this protection earlier in the proceeding by requiring the petitioner to post a bond shortly after the filing of the petition rather than upon taking an appeal. Mills v. Solomon, 43 S.W.3d 503, 2000 Tenn. App. LEXIS 545 (Tenn. Ct. App. 2000).

5. Construction.

State of Tennessee and a town were entitled to dismissal in a property owner's suit to condemn an easement or right-of-way to access landlocked property because the statutory scheme on which the owner relied did not contain an explicit waiver of sovereign immunity. Bratcher v. Hubler, 508 S.W.3d 206, 2015 Tenn. App. LEXIS 833 (Tenn. Ct. App. Oct. 12, 2015), appeal denied, — S.W.3d —, 2016 Tenn. LEXIS 155 (Tenn. Feb. 18, 2016).

NOTES TO DECISIONS

1. Writ of Inquiry to Sheriff Is Mandatory.

Requirement of issuing writ of inquiry to sheriff is mandatory unless when case is tried on merits, no sufficient cause is shown why the requested rights should be granted. Swicegood v. Feezell, 29 Tenn. App. 348, 196 S.W.2d 713, 1946 Tenn. App. LEXIS 73 (Tenn. Ct. App. 1946).

2. Right to Jury of View.

Landowner is clearly entitled to have a jury of view go on his land and fix the damages, and then if he is not satisfied, appeal and have a jury pass on the matter. Swicegood v. Feezell, 29 Tenn. App. 348, 196 S.W.2d 713, 1946 Tenn. App. LEXIS 73 (Tenn. Ct. App. 1946).

NOTES TO DECISIONS

1. Right-of-Way.

Plaintiff was allowed to acquire a right-of-way over defendant's land where he could show that the only exit via his own land would require the construction of a road over high, steep, rough hills, and even then this exit would not be convenient or adequate. Fite v. Gassaway, 27 Tenn. App. 692, 184 S.W.2d 564, 1944 Tenn. App. LEXIS 55 (Tenn. Ct. App. 1944).

NOTES TO DECISIONS

Decisions Under Prior Law

1. Conditional Report.

Under the law as it existed in 1883, it was error for the circuit court, upon appeal, to dismiss an application to change a public road because the report of the jury of view in the county court (now general sessions court) was conditional, and the report of the jury of view appointed by the circuit court was signed by only four out of the five jurors designated. Hawkins v. Justices of Trousdale County, 80 Tenn. 351, 1883 Tenn. LEXIS 179 (1883).

2. Rights of Applicant Determined by Court.

Under the law as it existed in 1883 it was not the report of the jury of view that determined the right of an applicant in a case of contest, but the judgment of the court upon the evidence introduced. Hawkins v. Justices of Trousdale County, 80 Tenn. 351, 1883 Tenn. LEXIS 179 (1883).

NOTES TO DECISIONS

1. Location of Right-of-Way.

Plaintiff was allowed to acquire a right-of-way over defendant's land where he could show that the only exit via his own land would require the construction of a road over high, steep, rough hills, and even then this exit would not be convenient or adequate. Fite v. Gassaway, 27 Tenn. App. 692, 184 S.W.2d 564, 1944 Tenn. App. LEXIS 55 (Tenn. Ct. App. 1944).

NOTES TO DECISIONS

1. Exceptions to Report.

Exceptions to the report of the jury of view as a rule should go to questions of irregularity in the proceeding, misconduct of the jury of view, or when the report is founded on erroneous principles. Pound v. Fowler, 175 Tenn. 220, 133 S.W.2d 486, 1939 Tenn. LEXIS 32 (1939).

2. Remedies.

The remedies afforded by these sections by exceptions and by appeal are cumulative and successive. Pound v. Fowler, 175 Tenn. 220, 133 S.W.2d 486, 1939 Tenn. LEXIS 32 (1939).

3. Time for Objection.

Appellate court overruled the assertion that the claimant lost his right to object to the report of the jury of view where he failed to do so within 30 days, because T.C.A. § 54-14-112 provided that any party could file objections to the report, but specified no time within which the objection must be filed, and where the statute prescribed no time for the taking of the appeal from a jury of view's report, it must be taken within a reasonable time unless circumstances indicated the intent to waive the right to appeal. Wolfe v. Jaeger, — S.W.3d —, 2009 Tenn. App. LEXIS 108 (Tenn. Ct. App. Mar. 19, 2009).

4. Voluntary Nonsuit.

Property owner was not barred from taking a voluntary nonsuit after the jury of view returned its verdict form selecting a certain route for an easement because the trial court's order did not confirm, approve, or adopt the report; a decision of the jury of view, without more, is not binding on the parties or the trial court, nor does it vest a right in either of the parties. Douglas v. Lowe, — S.W.3d —, 2013 Tenn. App. LEXIS 739 (Tenn. Ct. App. Nov. 12, 2013).

NOTES TO DECISIONS

1. Voluntary Nonsuit.

Property owner was not barred from taking a voluntary nonsuit after the jury of view returned its verdict form selecting a certain route for an easement because the trial court's order did not confirm, approve, or adopt the report; a decision of the jury of view, without more, is not binding on the parties or the trial court, nor does it vest a right in either of the parties. Douglas v. Lowe, — S.W.3d —, 2013 Tenn. App. LEXIS 739 (Tenn. Ct. App. Nov. 12, 2013).

NOTES TO DECISIONS

1. Disposal of Exceptions.

Where the exception to the jury of view was directed alone to the inadequacy of damages and plaintiff did not challenge such exception on ground of insufficiency or on the ground that appeal from the report of the jury was the remedy, it was proper for the trial judge to act on the exception and there could be no appeal from the verdict of the jury of view until the exceptions were disposed of. Pound v. Fowler, 175 Tenn. 220, 133 S.W.2d 486, 1939 Tenn. LEXIS 32 (1939).

2. Time of Appeal.

The appealing party has 30 days after the exceptions to the report of the jury of view have been disposed of to appeal from the report of the jury as a means of obtaining a trial de novo in the court where the jury made its report. Pound v. Fowler, 175 Tenn. 220, 133 S.W.2d 486, 1939 Tenn. LEXIS 32 (1939).

3. Questions Considered on Appeal.

Where trial judge only entered one judgment and in such entry overruled the exceptions to the report of the jury of view, concurred in the verdict, vested and divested title to the strip of land condemned and awarded the damages fixed by the jury and where defendants prayed and perfected an appeal within 30 days from the date of such entry, the appeal was from the finding of the jury after action by the trial judge on exceptions to the report and was within the time provided by this section. Pound v. Fowler, 175 Tenn. 220, 133 S.W.2d 486, 1939 Tenn. LEXIS 32 (1939).

Where defendants prayed an appeal to a trial jury upon the overruling of their exceptions to the report of the jury of view, such appeal was broad enough to remove the inquiry on the assessment of damages from the jury of view for a hearing of a regular jury impaneled to assess the damages. Pound v. Fowler, 175 Tenn. 220, 133 S.W.2d 486, 1939 Tenn. LEXIS 32 (1939).

4. Jurisdiction of Court of Appeals.

Where an objection merely asserts there is a constitutional question involved and the court is not cited to a constitutional provision, the court of appeals has jurisdiction. Brady v. Correll, 20 Tenn. App. 224, 97 S.W.2d 448, 1936 Tenn. App. LEXIS 15 (Tenn. Ct. App. 1936).

5. Voluntary Nonsuit.

Appellate court overruled the assertion that the matter was submitted to the trier of fact and could not be nonsuited without prejudice since the jury of view filed its report, because a jury of view in a condemnation proceeding was not the equivalent of a jury in a jury trial for the purposes of Tenn. R. Civ. P. 41.01, and the filing of the jury of view's report did not submit the matter to the trier of fact for the purposes of limiting the right to a Tenn. R. Civ. P. 41.01 voluntary dismissal. Wolfe v. Jaeger, — S.W.3d —, 2009 Tenn. App. LEXIS 108 (Tenn. Ct. App. Mar. 19, 2009).

Property owner was not barred from taking a voluntary nonsuit after the jury of view returned its verdict form selecting a certain route for an easement because the trial court's order did not confirm, approve, or adopt the report; a decision of the jury of view, without more, is not binding on the parties or the trial court, nor does it vest a right in either of the parties. Douglas v. Lowe, — S.W.3d —, 2013 Tenn. App. LEXIS 739 (Tenn. Ct. App. Nov. 12, 2013).

NOTES TO DECISIONS

1. In General.

An easement could be granted by a county court (now general sessions court) in a partition action. Edminston Corp. v. Carpenter, 540 S.W.2d 260, 1976 Tenn. App. LEXIS 243 (Tenn. Ct. App. 1976).

NOTES TO DECISIONS

1. Construction.

This chapter is to be interpreted with the federal laws creating an interstate system of limited-access highways. State ex rel. Moulton v. Williams, 207 Tenn. 695, 343 S.W.2d 857, 1961 Tenn. LEXIS 387 (1961).

2. —Federal Preemption.

T.C.A. §§ 54-16-101 and 54-16-110 are preempted by the former federal Surface Transportation Assistance Act of 1982, to the extent that they purport to authorize a total ban of trucks from I-440. Evans v. Burnley, 695 F. Supp. 365, 1988 U.S. Dist. LEXIS 13136 (M.D. Tenn. 1988).

3. Eminent Domain.

The state being immune from suit, where land is taken under this chapter, suit for damages must be brought against the county under § 54-5-106. Brooksbank v. Leech, 206 Tenn. 176, 332 S.W.2d 210, 1959 Tenn. LEXIS 333 (1959).

Collateral References. Highways 80 et seq.

NOTES TO DECISIONS

1. Purpose.

The right to control the access of facilities as provided in this chapter is for the public welfare and safety of the traveling as well as the pedestrian public. State ex rel. Moulton v. Williams, 207 Tenn. 695, 343 S.W.2d 857, 1961 Tenn. LEXIS 387 (1961).

2. Power Discretionary.

Right to lay out facilities under this chapter is purely discretionary and court is without jurisdiction, power or authority to review decision or to require the construction of a facility in a manner that the commissioner of highways (now commissioner of transportation) does not deem best. State ex rel. Moulton v. Williams, 207 Tenn. 695, 343 S.W.2d 857, 1961 Tenn. LEXIS 387 (1961).

3. Injunction.

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

Owners of land situated on road leading into road closed at limited-access highway could not enjoin commissioner of highways (now commissioner of transportation) from maintaining fence along interstate highway. State ex rel. Moulton v. Williams, 207 Tenn. 695, 343 S.W.2d 857, 1961 Tenn. LEXIS 387 (1961).

Action of state in bringing suit to enjoin owners of land situated on road leading into road closed at controlled-access interstate 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).

4. Damages.

Owners of land situated on road leading into roads closed at controlled-access highway could bring reverse condemnation proceeding under §§ 29-16-123, 29-16-124 and recover from county for any damages resulting from closing up of road at the interstate highway. State ex rel. Moulton v. Williams, 207 Tenn. 695, 343 S.W.2d 857, 1961 Tenn. LEXIS 387 (1961).

NOTES TO DECISIONS

1. 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).

Collateral References.

Abutting owner's right to damages for limitation of access caused by conversion of conventional road into limited-access highway. 42 A.L.R.3d 13.

Measure and elements of damage for limitation of access caused by conversion of conventional road into limited-access highway. 42 A.L.R.3d 148.

Power to condemn abutting owner's right of access to limited-access highway or street. 43 A.L.R.2d 1072, 42 A.L.R.3d 13, 42 A.L.R.3d 148.

NOTES TO DECISIONS

1. Injunction.

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

Owners of land situated on road leading into road closed at limited-access highway could not enjoin commissioner of highways (now commissioner of transportation) from maintaining fence along interstate highway. State ex rel. Moulton v. Williams, 207 Tenn. 695, 343 S.W.2d 857, 1961 Tenn. LEXIS 387 (1961).

Action of state in bringing suit to enjoin owners of land situated on road leading into road closed at controlled-access interstate 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).

2. Damages.

Owners of land situated on road leading into roads closed at controlled-access highway could bring reverse condemnation proceeding under §§ 29-16-123, 29-16-124 and recover from county for any damages resulting from closing up of road at the interstate highway. State ex rel. Moulton v. Williams, 207 Tenn. 695, 343 S.W.2d 857, 1961 Tenn. LEXIS 387 (1961).

3. Jurisdiction.

An inverse condemnation action to recover damages to Georgia realty due to the closing of a road within Tennessee could be maintained in the Tennessee courts. Graham v. Hamilton County, 224 Tenn. 82, 450 S.W.2d 571, 1969 Tenn. LEXIS 379 (1969).

4. “Taking” Defined.

Where a right of ingress or egress is destroyed or impaired, there is a “taking” of property for which compensation must be paid to the landowner and no physical entry on the land is necessary. Graham v. Hamilton County, 224 Tenn. 82, 450 S.W.2d 571, 1969 Tenn. LEXIS 379 (1969).

Collateral References.

Abutting owner's right to damages or relief for loss of access because of limited-access highway or street. 42 A.L.R.3d 13.