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

(1) “Conservation easement” means a conservation easement as defined in § 66-9-303. No conservation easement obtained pursuant to this chapter shall grant a right of physical access to the public;
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Tennessee Code 11-13-102

  • Conservation easement: means a conservation easement as defined in §. See Tennessee Code 11-13-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Grantor: The person who establishes a trust and places property into it.
  • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • River: means a flowing body of water or a section, portion or tributary thereof, including rivers, streams, creeks, branches, or small lakes. See Tennessee Code 11-13-102
  • Road: means highway, hard-surface road, improved and unimproved dirt road. See Tennessee Code 11-13-102
  • 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
(2) “Free flowing” means existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway. The existence, however, of low dams, diversion works, and other minor structures at the time any river is proposed for inclusion in the state scenic rivers system shall not automatically bar its consideration for such inclusion; provided, that this shall not be construed to authorize, intend, or encourage future construction of such structures within components of the state scenic rivers system;
(3) “Public access area” means an area adjoining the river acquired by the state in fee simple;
(4) “Public use easement” means a perpetual right in land of less than fee simple which:

(A) Obligates the grantor and the grantor’s heirs and assigns to certain restrictions constituted to maintain and enhance the scenic qualities of those lands bordering the river;
(B) Is restricted to the area defined in the easement deed; and
(C) Grants a right of public use but prohibits camping;
(5) “River” means a flowing body of water or a section, portion or tributary thereof, including rivers, streams, creeks, branches, or small lakes; and
(6) “Road” means highway, hard-surface road, improved and unimproved dirt road. The existence, however, of unimproved roads at the time any river is proposed for inclusion in the state scenic rivers system shall not automatically bar its consideration for such inclusion; provided, that this shall not be construed to authorize, intend, or encourage future construction.
  Previous section
Next section  
 Chapter 13 Contents