2021 Tennessee Code
Title 69 - Waters, Waterways, Drains and Levees
Chapter 5 - Drainage and Levee Districts

§ 69-5-103. Petition for Establishment of District — Bond for Preliminary Expenses - Before any county court establishes a drainage or levee district,...

§ 69-5-104. Qualifications of Petitioners - The petition shall be signed by persons who own a...

§ 69-5-105. Compensation of Attorneys - The petitioners for the proposed district are authorized to employ...

§ 69-5-106. Petitioners' Committee - The petitioners are authorized to select from their number a...

§ 69-5-107. Preliminary Hearing — Notice and Requisites - When a petition is filed with all the necessary allegations,...

§ 69-5-108. Preliminary Hearing — Procedure and Decree - The landowners shall make their appearance and file their objections,...

§ 69-5-109. Appeal From Preliminary Decree - Any party aggrieved may appeal from the decision of the...

§ 69-5-110. Assessment Book — Collection by County Trustee - When the assessment has been made, the court will fix...

§ 69-5-111. Collection of Assessment by Other Counties - If the district sought to be created embraces lands lying...

§ 69-5-112. Assessment Constitutes Lien - The assessment so made shall be a lien upon the...

§ 69-5-113. Assessments — Bonds of County Trustee and County Clerk - The county trustee or trustees, before receiving the assessment roll,...

§ 69-5-114. Proceedings for Preliminary Expense Fund Not to Delay Other Proceedings — Application of Acreage Provision - This proceeding to create a fund for the payment of...

§ 69-5-116. Location of Drains and Ditches - The ditches and drains provided for shall be surveyed and...

§ 69-5-117. Drains and Ditches Crossing Railroad Property - When such ditch or drain crosses any railroad track or...

§ 69-5-118. Engineer's Assistants - The engineer may employ necessary help, such as axmen, rodmen,...

§ 69-5-119. Plan Approval or Rejection - Upon the filing of the return of the engineer, the...

§ 69-5-121. Hearing Postponed Pending Notice — Hearing Without Formal Answers - If, at the time set for the hearing, it appears...

§ 69-5-122. Further Examination and Report by Engineer - At such hearing, the court may order the engineer, or...

§ 69-5-123. Special Assessment to Pay Preliminary Costs and Expenses - After the report of the engineer has been filed, accompanied...

§ 69-5-124. Special Assessment — Petition — Notice of Hearing - A special assessment shall be made only upon petition signed...

§ 69-5-125. Special Assessment — Hearing — Amount and Basis of Assessment - After the hour fixed for the filing of objections, the...

§ 69-5-126. Special Assessment — Appeal - Any party aggrieved may appeal from the decision of the...

§ 69-5-127. Special Assessment — Collection - When the assessment has been made, the court shall fix...

§ 69-5-128. Special Assessment — Collection by Other Counties - However, if the district sought to be created embraces lands...

§ 69-5-129. Special Assessment Constitutes Lien - The assessment so made shall be a lien upon the...

§ 69-5-130. Special Assessments — Bonds of County Trustee and County Clerk — Procedure Not to Delay Other Proceedings - The county trustee, or trustees, before receiving the assessment roll,...

§ 69-5-131. Payment of Preliminary Expenses — Methods of Refunding - The preliminary expenses of such district, ditch, drain, or watercourse...

§ 69-5-132. Preliminary Expenses — Contribution by County - The county legislative body has the right to contribute, out...

§ 69-5-133. Expense Fund May Be Required, or Judgment Rendered on Bond - If the county legislative body does not see fit to...

§ 69-5-134. Expense Fund Paid From Time to Time - Such fund for expenses may be paid in from time...

§ 69-5-135. Payment of Expense Fund to Be Refunded Out of District Funds - All sums so paid by the petitioners or their sureties...

§ 69-5-136. Establishment or Refusal of District - The county court, upon the hearing of the petition at...

§ 69-5-137. Survey After District Established — Estimate of Costs — Report of Engineer — Replacement of Engineer - After the district is established by the county court, and...

§ 69-5-139. Petitioners' Names May Be Signed by Attorney or Agent - It shall be a sufficient signing, in the sense of...

§ 69-5-140. Drainage Record Book - In any county where a district is sought to be...

§ 69-5-141. Fees of Clerk - The fees of the county clerk in proceedings under this...

§ 69-5-142. Compensation Fixed by County Court - If there are any services required of any person under...

§ 69-5-143. Reelfoot Lake and Big Hatchie River Excepted - This chapter is not intended to apply to Reelfoot Lake...

§ 69-5-144. Authority to Cooperate With Other Agencies - Any drainage district or districts, in addition to the authority...

Part 2 - Damages

§ 69-5-201. Claims Must Be Filed or Waived — Guardian or Conservator - Any person claiming damages as compensation for the construction of...

§ 69-5-202. District Not to Be Established Until Assessment of Damages — Viewers — Duty of Engineer - If any claims for damages have been filed, the court...

§ 69-5-203. Damages Fixed by Viewers — Report - The viewers appointed to assess damages, after being duly sworn...

§ 69-5-204. Report to Be Promptly Filed — Substitute Viewers - The report of the viewers shall be filed as soon...

§ 69-5-205. Method of Estimating Damages - In estimating the damages, the viewers shall give the value...

§ 69-5-206. Damages to Be Considered Before Establishing District — Damage Awards - After the filing of the report of the viewers, the...

§ 69-5-207. Damages to Be Paid or Secured by Parties Benefited by Such District - After the amount of damages due any claimant or claimants...

§ 69-5-208. Entry of Condemnation Order - After damages have been paid, or secured as provided in...

§ 69-5-209. Power of Condemnation — Extent of Appropriation - In establishing any such district, all necessary lands may be...

Part 3 - Commissioners; Apportionment of Assessments

§ 69-5-301. Commissioners — Appointment — Qualifications - When the district, or other improvement provided for, has been...

§ 69-5-302. Oath — Classification of Tracts - The commissioners shall, as soon as practicable after their appointment,...

§ 69-5-303. Compensation of Viewers, Commissioners, and Helpers - The viewers and commissioners provided for by parts 1-3 of...

§ 69-5-304. Apportionment of Costs — Report - The commissioners shall make an equitable apportionment and assessment of...

§ 69-5-305. Scale and Classification as Basis of Assessment - In making the apportionment and assessment provided for in §...

§ 69-5-306. Division Into Tracts and Classification of Subdivisions - In making the classification provided for in § 69-5-305, the...

§ 69-5-307. Description of Land — Objection to Assessment and Apportionment — Notice - The commissioners shall specify in their report each tract of...

§ 69-5-308. Publication - If such district lies in more than one (1) county,...

§ 69-5-309. Objections to Apportionment and Assessments — Hearings - When the day set for hearing has arrived, and the...

§ 69-5-310. Additional Assessments - If the first assessment made by the court for the...

§ 69-5-311. New Report May Be Ordered and New Commissioners Appointed - If, for any reason, the court annuls in toto or...

§ 69-5-312. Levy Upon Lands of Benefited Owners — Ratio — Funds Kept Separate — Disbursement - The assessments shall be levied upon the lands of the...

§ 69-5-313. Railroads and Highways - Whenever any railroad or public highway will be beneficially affected...

Part 4 - Correction of Errors

§ 69-5-401. Mistake in the Number of Acres — Correction - Whenever a district has been established or is being established...

§ 69-5-402. Mistake in Number of Acres — Notice — Hearing — Decree - Upon the filing of such petition, the county clerk shall...

§ 69-5-403. Mistake in Acres — Appeal - From a decree correcting a mistake in the number of...

§ 69-5-404. Mistake in Acres — Correction After Decree Has Been Made Final - No such petition shall be filed or heard after the...

§ 69-5-406. Mistake in Owner's Identity — Appeal - From a decree of the county court correcting a mistake...

§ 69-5-407. Mistake in Owner's Identity — Certified Copy of Decree Recorded by Clerk and Transmitted to Trustee - A certified copy of the decree in a case of...

Part 5 - Appeals

§ 69-5-501. Right of Appeal — Time — Notice — Bond - Any party aggrieved may appeal from the decision of the...

§ 69-5-502. Penalty and Condition of Appeal Bond - Any person opposing the creation of such district who appeals...

§ 69-5-503. Appeal Bonds by District — Petitioner Signing for District — Sureties — No Pauper Oath - If an order has been entered by the county court...

§ 69-5-504. Continuation of Work Pending Appeal - When an appeal is taken and prosecuted from the judgment...

§ 69-5-505. Damages — Recording and Certification of Award - The circuit court shall hear any such appeal de novo;...

§ 69-5-506. Establishment of District — Circuit Court Order - If the appeal is from the action of the county...

§ 69-5-507. Docketing — Consolidation — Transcript - In the circuit court, in such cases, the cases shall...

§ 69-5-508. Costs - On appeals under this part, it shall rest in the...

§ 69-5-509. Trial With or Without Jury - The trial in the circuit court shall be with or...

Part 6 - Board of Directors

§ 69-5-602. Vacancies — Removal for Cause — Trial and Appeal - If there is a vacancy in the office of the...

§ 69-5-603. Subsequent Appointments - At the end of each two-year term, the office of...

§ 69-5-604. Officers — Bond of Treasurer - The county mayor shall be chair of the board of...

§ 69-5-605. Tie Votes - When there is an even number of directors of such...

§ 69-5-606. Compensation and Expenses of Directors - Members of the board of directors shall receive as compensation...

Part 7 - Construction and Maintenance by Districts

§ 69-5-701. Contracts for Improvements - No contracts for improvements to be done in a drainage...

§ 69-5-702. Notice of Work - Before entering into any contract for improvements, the board of...

§ 69-5-703. Contracts Let to Lowest Bidders — Rejection of Bids and Readvertisement - The board of directors shall award contract or contracts for...

§ 69-5-704. Deposits by Bidders - Each person bidding for such work shall deposit with the...

§ 69-5-705. Bond or Deposit of Contractor — Return of Bid Deposit - The successful bidder shall be required to execute a bond,...

§ 69-5-706. Forfeiture of Deposit and Action for Breach of Contract - If any person to whom the work, or any portion...

§ 69-5-707. Engineer - The board of directors shall employ a competent engineer to...

§ 69-5-708. Bond of Engineer - The board of directors shall require the engineer to give...

§ 69-5-709. Monthly Estimates of Work and Payments Thereon - The engineer in charge of the construction shall furnish the...

§ 69-5-710. Warrant for Balance Due Upon Completion of Work - When the work is completed to the satisfaction of the...

§ 69-5-711. Warrants — Manner of Drawing and Payment - All warrants shall be drawn upon the county trustee as...

§ 69-5-712. Drainage Overseer - After the main improvement in any drainage district, or drainage...

§ 69-5-713. Bridges Built by County Across Public Highway - Whenever the making of an improvement across a public highway...

§ 69-5-714. Use of Ditch or Watercourse by Assessed Landowner - The owner of any land or lot that has been...

§ 69-5-715. Use by Landowner Subject to Control of District Directors - The drainage district, or drainage and levee district, or the...

§ 69-5-716. Control of Discharge of Creek or Branch Into Main Ditch or Drain - The district, or the directors thereof, have a like right...

§ 69-5-717. Application by Owner to Use Ditch or Drain — Designation of Use - An owner desiring to exercise the right to use the...

§ 69-5-720. Appeal From Action of Directors to Circuit Court — Bonds - Any landowner against whom such damages have been assessed, or...

§ 69-5-721. Continuation of Work Pending Appeal - If the appeal is only as to the matter of...

§ 69-5-722. Collection of Assessments — Separate Fund - The assessment shall be collected by the county trustee as...

§ 69-5-723. Improvements May Be Limited to What Parties Desire - The improvement in the drainage districts provided for in this...

Part 8 - Levy and Collection of Assessments

§ 69-5-801. Special Assessment Made After Creation of District - If, after the district has been created, and the commissioners...

§ 69-5-803. Collected Assessment a Fund for Costs and Expenses - When an assessment is collected, it shall constitute a fund...

§ 69-5-804. Fund to Be Paid Out Under Orders - The amount collected by the trustee shall be paid to...

§ 69-5-805. Bonds of Trustee and County Clerk - The county trustee, before receiving the assessment book, and proceeding...

§ 69-5-806. Provisions Applicable if District Contains More Than One County - If the district contains lands that lie in more than...

§ 69-5-807. Appeal From Order Fixing Assessments and Benefits - An appeal may be taken to the circuit court of...

§ 69-5-809. Employment of Counsel — Payment of Fee - When any appeal is taken from any order of the...

§ 69-5-811. Unenforceable Assessments - Where any assessments made and levied under this chapter cannot,...

§ 69-5-812. Correction of Failure to Bring Landowner Before Court or to Report Land - After a district is ordered established, if it is found...

§ 69-5-813. Drainage Assessment Book — Due Date of Assessments - The assessments provided to be collected for the purposes provided...

§ 69-5-814. Vendee to Report Sale of Tract — Collections Made Accordingly - When voluntary sales of any property located within any drainage...

§ 69-5-815. Sale of Part of Tract - When voluntary sales of a part of any tract so...

§ 69-5-816. Sale for Collection of Assessments Certified to Clerk and Trustee - If any tract of land is sold, as provided, for...

§ 69-5-817. Trustee to Collect Assessments — Notice to Delinquents — Penalty - It is the duty of the trustee to collect the...

§ 69-5-818. Date Assessments Become Delinquent — Penalty and Interest - The assessment levied under this chapter shall become due and...

§ 69-5-819. Assessments Become Liens on Lands - The assessments provided for, when made and levied, shall be...

§ 69-5-820. Suits in Chancery for Collection of Assessments — Exceptions - When assessments have been due and delinquent for sixty (60)...

§ 69-5-821. Bills in Name of County Against Owners of All Assessed Lands - Bills in chancery shall be filed in the name of...

§ 69-5-822. Delinquent List Is Prima Facie Evidence - When it is desired by the board of directors, or...

§ 69-5-823. Chancery Procedure — Hearing as to One or More Defendants - Suits in chancery shall be proceeded with as other suits...

§ 69-5-824. Tax Assessment of Tracts Partly Outside District Limits - All tax assessors, in assessing for public taxes any tract...

§ 69-5-825. Taxes to Be Reported and First Paid Out of Proceeds of Sales - When a sale is ordered in a suit pursuant to...

§ 69-5-826. Vestiture of Title Subject to Other Assessments — Writ of Possession - Upon confirmation of a sale of land by the chancery...

§ 69-5-827. Sales for Cash Subject to Redemption — Time and Terms of Redemption — Title and Possession - When any sale pursuant to the preceding sections has been...

§ 69-5-828. Attorney's Fee Fixed and Charged on Land - In proceedings in chancery court pursuant to this part, the...

§ 69-5-829. Decree Upon Redemption — Writ of Possession - When such lands are redeemed, and this fact is made...

§ 69-5-830. Redemption After Restoration of Competency - Infants and persons adjudicated incompetent have the further period of...

§ 69-5-831. Proceedings in Accordance With Chancery Procedure - All proceedings referred to in part 4 of this chapter...

§ 69-5-832. Assessments Collectible Out of Assessed Lands Only - The assessments shall, if not paid by the owners of...

§ 69-5-833. Excessive Assessments of Acreage — Correction - When it appears that any tract of land within any...

§ 69-5-834. Fiscal Agent — Purchase by District of Lands Sold for Delinquency - To assist in the keeping of the tax books, the...

§ 69-5-835. County Trustee's Compensation - For collecting and paying out the assessments under this chapter,...

§ 69-5-836. Bond of County Trustee - The bonds of the county trustee binding the trustee to...

Part 9 - Bond Issues and Warrants

§ 69-5-901. County May Issue and Sell Drainage Bonds - If the county legislative body determines that the estimated cost...

§ 69-5-902. Payment of Assessments Before Issuance of Bonds - Any property owner may pay the full amount of the...

§ 69-5-903. Terms of Bonds — Signing — District to Be Indicated - The terms and times of payment of the bonds so...

§ 69-5-904. Bonds a Charge on Land in District Only - Each bond shall show expressly upon its face that it...

§ 69-5-905. Denominations of Bonds - The bonds shall be in denominations of not less than...

§ 69-5-906. Multi-County Districts — Issuance and Payment of Bonds - When a district lies in more than one (1) county,...

§ 69-5-907. Payment in Installments — Bond to Secure Installments - In the sale of drainage bonds, the directors of the...

§ 69-5-908. Bond of County Trustee - Whenever bonds of such districts are issued and sold under...

§ 69-5-909. Warrants Issued Instead of Bonds - If the board of directors of any improvement district deems...

§ 69-5-910. Surplus Funds From Sale of Bonds or Warrants - When, in the making of any improvement in a district,...

§ 69-5-911. Prepayment of Deferred Installments - Any landowner owning land, upon which there now exists special...

§ 69-5-912. Payment of Assessments With Bonds or Coupons - The bonds and/or interest coupons of the drainage district levying...

§ 69-5-914. Multi-County Districts — Payment by Bond or Coupon - Where a drainage district is situated in more than one...

§ 69-5-915. Single County Districts — Monthly Settlements by Trustees - The county trustee of any county in which a drainage...

§ 69-5-916. Multi-County Districts — Monthly Settlements by Trustees - Where a drainage district is situated in more than one...

§ 69-5-917. Disposition of Receipts — Maintenance or Administration Certificates - After each monthly settlement has been filed and approved as...

§ 69-5-918. Lien of Maintenance or Administration Certificates - The maintenance or administration certificates, or both, when issued as...

§ 69-5-919. Proceeds From Sale of Maintenance or Administration Certificates - All funds received from sale of the maintenance or administration...

§ 69-5-920. Refunding Bonds Authorized — Terms - For the general purpose of refunding all or any part...

§ 69-5-921. Petition for Issuance of Refunding Bonds - The county legislative body has the authority to issue refunding...

§ 69-5-922. Refunding Bonds — Notice of Hearing - Upon the filing of a petition as for issuance of...

§ 69-5-923. Refunding Bonds — Petition and Notice in Multi-County Districts - Where a district lies in more than one (1) county,...

§ 69-5-924. Hearing — Remonstrance - At the time of the hearing provided for in §...

§ 69-5-925. Refunding Bonds — Release of Landowner From Assessment - Upon the entry by the county legislative body of an...

§ 69-5-926. Refunding Bonds — Extended Assessments - Upon the issuance of refunding bonds as provided for in...

§ 69-5-927. Refunding Bonds — Powers Conferred on Board of Directors - No proceedings shall be required for the issuance of refunding...

§ 69-5-928. Borrowing Money to Pay Bonds and Interest - If in any year, on account of the delinquent assessments,...

§ 69-5-929. Appointment of Receiver for Defaulting Drainage District - When any bond or interest coupon of any bond, issued...

§ 69-5-930. Powers of Receiver — Removal and Appointment of Another - Any receiver appointed pursuant to § 69-5-929 shall have the...

§ 69-5-931. County Trustee's Compensation - The county trustee, for receiving and paying out money received...

Part 10 - Multi-County Districts Generally

§ 69-5-1003. Board of Directors - In cases of districts so lying in more than one...

§ 69-5-1004. Removal of Viewers, Commissioners, and Directors - The county courts have the same right to remove the...

§ 69-5-1005. Chair and Secretary-Treasurer - The county mayor of the county in which the larger...

§ 69-5-1006. Map of District - The engineer of such district shall show in the engineer's...

Part 11 - Multi-County Districts — Alternative Procedure

§ 69-5-1101. Legislative Intent - It is the intention of this part to provide an...

§ 69-5-1102. Petition for Formation - When a proposed improvement, drainage district, or drainage and levee...

§ 69-5-1103. Engineer, Viewers, Commissioners, and Directors - The court in which the petition is filed has full...

§ 69-5-1104. Assessments - The assessments levied on the lands shall be made in...

§ 69-5-1105. Disposition of Collected Assessments - It is the duty of the trustee of any county...

§ 69-5-1106. Assessments Become Liens - The assessments provided for by this part, when made and...

§ 69-5-1107. Bonds - Bonds may be issued by such drainage district, or drainage...

§ 69-5-1108. Proceeds of Bond Sale - The proceeds of the bonds, when sold, shall be deposited...

§ 69-5-1109. Map of District - The engineer of the district shall show in the engineer's...

Part 12 - Subdistricts -

Part 13 - Districts by Mutual Consent

§ 69-5-1301. Mutual Agreements Authorized - The owners of land that requires combined drainage may provide...

§ 69-5-1302. Contents of Agreement — Validity - A mutual agreement may include the location, the character of...

§ 69-5-1303. Jurisdiction Over Mutual Agreement Districts - Upon the filing of the agreement with the county clerk,...

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2021 Tennessee Code Title 69 - Waters, Waterways, Drains and Levees Chapter 5 - Drainage and Levee Districts

2021 Tennessee Code
Title 69 - Waters, Waterways, Drains and Levees
Chapter 5 - Drainage and Levee Districts