(a) Any court may enjoin conduct that would be in violation of § 70-4-302 upon petition by a person affected or who reasonably may be affected by such conduct, upon a showing that such conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect that under similar circumstances it will be repeated.
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Terms Used In Tennessee Code 70-4-303

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: means an individual, association, partnership, or corporation. See Tennessee Code 70-1-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Taking: means the capture or killing of a wild animal and includes travel, camping, and other acts preparatory to taking that occur on lands or waters upon which the affected person has the right or privilege to take such wild animal. See Tennessee Code 70-4-301
  • Wild animal: means any wild creature, the taking of which is authorized by the fish and game laws of the state. See Tennessee Code 70-4-301
(b) A court may award damages to any person adversely affected by a violation of § 70-4-302, which may include an award for punitive damages. In addition to other items of special damage, the measure of damages may include expenditures of the affected person for license and permit fees, travel, guides, special equipment and supplies, to the extent that such expenditures were rendered futile by prevention of the taking of a wild animal.
(c) No provision of this part shall be construed to prohibit or otherwise restrict any landowner, tenant, or employee of a landowner from engaging in normal activities on or normal use of the land or property, and such activities or use shall not be deemed unlawful pursuant to any provision of this part. No provision of this part shall be construed so as to interfere with the right of the landowner to prohibit trespass upon the landowner’s property by any person.
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