Tennessee Code 54-22-101 – Presumptions – Eminent domain – Fences
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Terms Used In Tennessee Code 54-22-101
- Commissioner: means the commissioner of transportation. See Tennessee Code 54-5-103
- Property: includes both personal and real property. See Tennessee Code 1-3-105
- Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
- State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
Wherever the state proposes to improve a section of an existing two-lane undivided public road, the width of the right-of-way of which cannot be ascertained totally or partially by instruments of conveyance, court orders or otherwise, there shall be a presumption that the unascertained width is twenty-five feet (25′) on either side of the centerline of the traveled portion of the road. This presumption is rebuttable only and if necessary in the judgment of the commissioner of transportation to effect the intent of this part, the state shall acquire the adjoining property by negotiation or by eminent domain. Fences in place for the prescriptive period shall be considered ownership.