2021 Tennessee Code
Part 1 - Establishment and General Provisions
§ 69-5-103. Petition for Establishment of District — Bond for Preliminary Expenses

Before any county court establishes a drainage or levee district, or any levee, ditch, drain, or watercourse improvement, as provided for in this chapter, a petition, signed as prescribed in § 69-5-104, shall be filed in the office of the county clerk of the county in which the improvement is expected to be made, setting forth that any body or district of land in such county, described by metes and bounds or otherwise, so as to convey an intelligible description of such lands, is subject to overflow, or too wet for profitable cultivation, and that the public health or welfare will be promoted by draining, ditching, or leveeing it, or by changing a natural watercourse, or by in part changing such watercourse by cutting across its bends and shortening its length, or by cleaning out its natural bed or deepening or enlarging such bed, or by giving such watercourse a new outlet, or any or all of these and similar things pertaining to the proposed improvement, and setting forth in the petition as near as may be the starting point, route, and terminus, and lateral branches, if with proper prayer for purpose desired; and there shall be filed with the petition a bond, with good security, in such penal sum as the clerk may deem adequate, to be approved by the clerk, and conditioned for the payment of all preliminary expenses until refunded, and of all costs and expenses incurred in the proceedings in case the county court does not grant the prayer of the petition, or the petition is dismissed for any cause. The county court may at any time deemed proper order the bond increased in penalty or in sufficiency, and make all necessary orders to this end.

Structure 2021 Tennessee Code

2021 Tennessee Code

Title 69 - Waters, Waterways, Drains and Levees

Chapter 5 - Drainage and Levee Districts

Part 1 - Establishment and General Provisions

§ 69-5-101. County May Establish Levee and Drainage Districts and Change Natural Watercourses

§ 69-5-102. Judicial Jurisdiction and Authority

§ 69-5-103. Petition for Establishment of District — Bond for Preliminary Expenses

§ 69-5-104. Qualifications of Petitioners

§ 69-5-105. Compensation of Attorneys

§ 69-5-106. Petitioners' Committee

§ 69-5-107. Preliminary Hearing — Notice and Requisites

§ 69-5-108. Preliminary Hearing — Procedure and Decree

§ 69-5-109. Appeal From Preliminary Decree

§ 69-5-110. Assessment Book — Collection by County Trustee

§ 69-5-111. Collection of Assessment by Other Counties

§ 69-5-112. Assessment Constitutes Lien

§ 69-5-113. Assessments — Bonds of County Trustee and County Clerk

§ 69-5-114. Proceedings for Preliminary Expense Fund Not to Delay Other Proceedings — Application of Acreage Provision

§ 69-5-116. Location of Drains and Ditches

§ 69-5-117. Drains and Ditches Crossing Railroad Property

§ 69-5-118. Engineer's Assistants

§ 69-5-119. Plan Approval or Rejection

§ 69-5-121. Hearing Postponed Pending Notice — Hearing Without Formal Answers

§ 69-5-122. Further Examination and Report by Engineer

§ 69-5-123. Special Assessment to Pay Preliminary Costs and Expenses

§ 69-5-124. Special Assessment — Petition — Notice of Hearing

§ 69-5-125. Special Assessment — Hearing — Amount and Basis of Assessment

§ 69-5-126. Special Assessment — Appeal

§ 69-5-127. Special Assessment — Collection

§ 69-5-128. Special Assessment — Collection by Other Counties

§ 69-5-129. Special Assessment Constitutes Lien

§ 69-5-130. Special Assessments — Bonds of County Trustee and County Clerk — Procedure Not to Delay Other Proceedings

§ 69-5-131. Payment of Preliminary Expenses — Methods of Refunding

§ 69-5-132. Preliminary Expenses — Contribution by County

§ 69-5-133. Expense Fund May Be Required, or Judgment Rendered on Bond

§ 69-5-134. Expense Fund Paid From Time to Time

§ 69-5-135. Payment of Expense Fund to Be Refunded Out of District Funds

§ 69-5-136. Establishment or Refusal of District

§ 69-5-137. Survey After District Established — Estimate of Costs — Report of Engineer — Replacement of Engineer

§ 69-5-139. Petitioners' Names May Be Signed by Attorney or Agent

§ 69-5-140. Drainage Record Book

§ 69-5-141. Fees of Clerk

§ 69-5-142. Compensation Fixed by County Court

§ 69-5-143. Reelfoot Lake and Big Hatchie River Excepted

§ 69-5-144. Authority to Cooperate With Other Agencies