Terms Used In Tennessee Code > Title 4 > Chapter 33 - Tennessee Economic Impact Disclosure Law of 1979

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: means every department or organization described in chapter 3 of this title. See Tennessee Code 4-33-103
• Agency: means the Tennessee housing development agency created by this part. See Tennessee Code 13-23-103
• Agency action: includes any action by an agency or subdivision thereof that may have substantial economic impact upon any person. See Tennessee Code 4-33-103
• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Apiary: means a collection of one (1) or more colonies of bees in beehives at a location. See Tennessee Code 44-15-102
• Apiary inspectors: means those persons with relevant qualifications and beekeeping training who are employed by or working under contract with the department of agriculture for the purpose of implementing regulatory programs as directed by the state apiarist. See Tennessee Code 44-15-102
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appliances: means any apparatus, tools, machines or other devices used in handling and manipulating bees, honey, and wax that may be used in an apiary, or in transporting bees and their products and apiary supplies. See Tennessee Code 44-15-102
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Associated municipality: means the municipality for the benefit of which an energy acquisition corporation is organized. See Tennessee Code 7-39-102
• Bee disease or pest: means a condition in which a colony is infested/infected with a bacterial, fungal, viral, or parasitic condition or an organism that can or will affect the well-being of a colony. See Tennessee Code 44-15-102
• beehive: means that container or structure used by a beekeeper to provide a cavity in which a colony of bees is expected to establish a permanent nest. See Tennessee Code 44-15-102
• Beekeeper: means any individual, association, corporation, or other entity who deliberately provides nesting sites for colonies of honeybees and attempts to establish and maintain colonies of honeybees at any location. See Tennessee Code 44-15-102
• Bovine activity: means any activity involving one (1) or more bovine, including, but not limited to:
  (A) Grazing, herding, feeding, branding, milking or any other activity that involves the care or maintenance of bovine. See Tennessee Code 44-21-101
• Bovine owner: means any person with ownership rights to bovine. See Tennessee Code 44-21-101
• Certification: means a voluntary training program approved by the department that when successfully completed authorizes the beekeeper to detect, identify, and control regulated bee diseases and pests in colonies under the management of that beekeeper. See Tennessee Code 44-15-102
• Certified beekeeper: means any person who has successfully met the requirements of a voluntary certification program for beekeepers as approved by the state apiarist. See Tennessee Code 44-15-102
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• Collector: includes any person entrusted with the collection of public revenue. See Tennessee Code 1-3-105
• Colony: means all of the bees living together as one (1) social unit and may include the bee equipment in which the bees are living. See Tennessee Code 44-15-102
• Commissioner: means the commissioner of agriculture or the commissioner's designated agent. See Tennessee Code 44-15-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Dairy farm: means any place or premises where one (1) or more cows are kept and from which a part or all of the milk or milk products is provided, sold or offered for sale to a milk plant, transfer station or receiving station. See Tennessee Code 44-18-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Tennessee department of agriculture. See Tennessee Code 44-15-102
• Department: means the department of environment and conservation, and includes any officer, agency or designee of that department. See Tennessee Code 44-18-101
• Deteriorated: means any structure or vacant or unimproved lot or parcel in a predominantly built-up neighborhood:
  (A) That, because of physical condition or use, is regarded as a public nuisance at common law or has been declared a public nuisance in accordance with local housing, building, plumbing, electrical, fire, health or related codes. See Tennessee Code 13-21-301
• Dwelling: means any building or structure, or part thereof, used and occupied for human occupation or use or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. See Tennessee Code 13-21-101
• Dwelling: means any building or structure, or part thereof, used and occupied for human occupation or use or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. See Tennessee Code 13-21-301
• Dwelling unit: means a building or structure or part thereof that is used for a home or residence by one (1) or more persons who maintain a household. See Tennessee Code 13-21-301
• energy acquisition corporation: means a public corporation formed under this chapter, which shall be a public instrumentality of its associated municipality and of the state of Tennessee. See Tennessee Code 7-39-102
• Engages in an equine activity: means riding, training, assisting in medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted or any person assisting a participant or show management. See Tennessee Code 44-20-102
• Equine: means a horse, pony, mule, donkey, or hinny. See Tennessee Code 44-20-102
• Equine activity: means :
  (A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting. See Tennessee Code 44-20-102
• Equine activity sponsor: means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, that sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to, pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college-sponsored classes, programs and activities, therapeutic riding programs, and operators, instructors, and promoters of equine facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held. See Tennessee Code 44-20-102
• Equine professional: means a person engaged for compensation:
  (A) In instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine. See Tennessee Code 44-20-102
• Established date of operation: means the date on which a feedlot, dairy farm or poultry production house commenced operating. See Tennessee Code 44-18-101
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Feedlot: means a lot, yard, corral or other area in which livestock are confined, primarily for the purposes of feeding, growing, raising, or birthing prior to slaughter. See Tennessee Code 44-18-101
• Funeral and burial expenses: includes , but is not limited to, the cost of preparing the body for burial or other disposition, the funeral service, any funeral merchandise, flowers, honoraria, acknowledgment cards, postage, transporting the body to the place of burial or disposition, the burial space, crypt, mausoleum or other final resting place, the opening and closing thereof and any marker. See Tennessee Code 1-3-105
• Gas system: means all tangible and intangible property and resources of every kind and description used or held for use in the purchase, generation, transmission, distribution, and sale of gas energy. See Tennessee Code 7-39-403
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Governing body: means the council, commission, or board, or other legislative body, charged with governing a municipality. See Tennessee Code 13-21-101
• Governing body: means the council, commission, or board, or other legislative body, charged with governing a municipality. See Tennessee Code 13-21-301
• Governing body: means , with respect to a municipality that is an associated municipality of, or purchaser of gas from, an acquisition corporation established to exercise the powers described in this chapter with respect to natural gas and natural gas substitutes, any board, commission or other instrumentality of such municipality having jurisdiction, control and management of the gas distribution system of that municipality, and, with respect to a municipality that is an associated municipality of, or purchaser of electrical power from, an acquisition corporation established to exercise the powers described in this chapter with respect to electrical power, any board, commission or other instrumentality of such municipality having jurisdiction, control and management of the electrical power distribution system of that municipality. See Tennessee Code 7-39-102
• honeybees: means any developmental stage of any sub- species of the species Apis mellifem. See Tennessee Code 44-15-102
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Inherent risks of bovine activities: means dangers or conditions that are an integral part of bovine activities, including, but not limited to:
  (A) The propensity of a bovine to behave in ways that may result in injury, loss, damage or death to persons on or around the bovine. See Tennessee Code 44-21-101
• Inherent risks of equine activities: means those dangers or conditions that are an integral part of equine activities, including, but not limited to:
  (A) The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them. See Tennessee Code 44-20-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land development: means the process of acquiring land primarily for residential housing construction for persons and families of lower and moderate income and making, installing or constructing nonresidential housing improvements, including water, sewer and other utilities, roads, streets, curbs, gutters, sidewalks, storm drainage facilities and other installations or works, whether on or off the site, which the agency deems necessary or desirable to prepare such land primarily for residential housing construction within this state. See Tennessee Code 13-23-103
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 44-18-101
• Materially affects: means prohibits or regulates with respect to the location, or the emission of noise, effluent, odors, sewage, waste or similar products resulting from the operation or the location or use of buildings, machinery, vehicles, equipment or other real or personal property used in the operation of a livestock feedlot, dairy farm or poultry production house. See Tennessee Code 44-18-101
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage: includes deeds of trust, mortgages, building and loan contracts or other instruments conveying real or personal property as security for bonds and conferring a right to foreclose and cause a sale thereof. See Tennessee Code 13-23-103
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Municipality: means any city or town. See Tennessee Code 13-21-101
• Municipality: means any county, including any county having a metropolitan form of government, or incorporated city or town in this state. See Tennessee Code 13-21-202
• Municipality: means any county, including any county having a metropolitan form of government, or incorporated city or town in this state. See Tennessee Code 13-21-301
• Municipality: means any county, incorporated city, town or metropolitan government, utility district, energy acquisition corporation or gas, electric or energy authority in this state. See Tennessee Code 7-39-102
• notes: means the bonds and notes respectively authorized to be issued by the agency under this chapter. See Tennessee Code 13-23-103
• Nuisance: means and includes public or private nuisance as defined either by statute or by the common law. See Tennessee Code 44-18-101
• Nuisance action or proceeding: means and includes every action, claim or proceeding, whether brought at law, in equity or as an administrative proceeding, that is based on nuisance. See Tennessee Code 44-18-101
• Obligations: means any bonds or notes authorized to be issued by the agency under this part. See Tennessee Code 13-23-103
• Owner: means the holder of the title in fee simple and every mortgagee of record. See Tennessee Code 13-21-101
• Owner: means the holder of the title to real property and every mortgagee of record. See Tennessee Code 13-21-301
• Participant: means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity. See Tennessee Code 44-20-102
• Parties in interest: means all individuals, associations, corporations and others who have interests of record in a structure and any who are in possession thereof. See Tennessee Code 13-21-101
• Parties in interest: means all individuals, associations, corporations and others who have interests of record in a structure and any who are in possession thereof. See Tennessee Code 13-21-301
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, corporation or any other legal entity. See Tennessee Code 44-21-101
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Persons and families of lower and moderate income: means persons and families irrespective of race, creed, national origin, age or sex deemed by the agency to require such assistance as is made available by this chapter on account of insufficient personal or family income based upon the income limits established by the board of directors. See Tennessee Code 13-23-103
• Place of public accommodation: means any building or structure in which goods are supplied or services performed, or in which the trade of the general public is solicited. See Tennessee Code 13-21-101
• Poultry production house: means any place or premises where chickens are kept for the production of eggs or broilers for resale to processors, wholesalers or retailers. See Tennessee Code 44-18-101
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Public authority: means any housing authority or any officer who is in charge of any department or branch of the government of the municipality or state relating to health, fire, building regulations, or other activities concerning structures in the municipality. See Tennessee Code 13-21-101
• Public authority: means any department, agency or branch of the government of the municipality or state relating to health, fire, building regulations, or other activities concerning structures in the municipality. See Tennessee Code 13-21-301
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public officer: means any officer or officers of a municipality or the executive director or other chief executive officer of any commission or authority established by such municipality or jointly with any other municipality who is authorized by ordinance adopted hereunder to exercise the power prescribed by such ordinances and by this part. See Tennessee Code 13-21-101
• Public officer: means any officer or officers of a municipality or the executive director or other chief executive officer of any commission or authority established by the municipality or jointly with any other municipality who are authorized by ordinance adopted hereunder to exercise the power prescribed by the ordinances and by this part. See Tennessee Code 13-21-301
• Quorum: The number of legislators that must be present to do business.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Redevelopment: means the planning or replanning, design or redesign, acquisition, clearance, development and disposal, or any combination of these, of a property in the preparation of such property for residential, commercial, industrial, and related uses, as may be appropriate or necessary. See Tennessee Code 13-21-202
• Regulations: means a resolution by the county legislative body or an ordinance by the governing body of any municipality regulating or prohibiting the normal noises of animals or fowls, the noises in the operation of the equipment, the odors normally associated with any feedlot, dairy farm, or poultry production house, or the preclusion of any animals or fowls from within the city or from within a defined area of the county. See Tennessee Code 44-18-101
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Residential housing: means a specific work or improvement within this state undertaken primarily to provide dwelling accommodations for persons and families of lower and moderate income, including the acquisition, construction or rehabilitation of land, buildings and improvements thereto and such other nonhousing facilities as may be incidental or appurtenant thereto. See Tennessee Code 13-23-103
• Residential rental dwelling unit: means a dwelling unit that is leased or rented to one (1) or more tenants. See Tennessee Code 13-21-301
• Rule of the department: means a rule as defined in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that materially affects the operation of a feedlot, dairy farm, or poultry production house and that has been adopted by the department. See Tennessee Code 44-18-101
• Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the [former] federal savings and loan insurance corporation (FSLIC) or any successor [repealed] of such corporation. See Tennessee Code 1-3-105
• Servicing fees: means that sum paid for the reasonable value of services rendered to the agency for the servicing of mortgages it acquires. See Tennessee Code 13-23-103
• Servicing of mortgages: means the collection and payment of all principal and interest and all reasonable fees and charges by the lender for mortgages acquired by the agency. See Tennessee Code 13-23-103
• sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
• State: means the state of Tennessee. See Tennessee Code 13-23-103
• 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
• State apiarist: means that person employed by the department who has the qualifications prescribed by this chapter and has been designated as state apiarist by the commissioner. See Tennessee Code 44-15-102
• Statute: A law passed by a legislature.
• Structure: means any dwelling or place of public accommodation or vacant building or structure suitable as a dwelling or place of public accommodation. See Tennessee Code 13-21-101
• Structure: means any dwelling or place of public accommodation or vacant building or structure suitable as a dwelling or place of public accommodation. See Tennessee Code 13-21-301
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Vacant property review commission: means a commission established by ordinance to review vacant properties to make a written determination of blight and deterioration. See Tennessee Code 13-21-202
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
• Zoning requirement: means a regulation or ordinance that has been adopted by a city, county, township, school district, or any special-purpose district or authority, that materially affects the operation of a feedlot, dairy farm or poultry production house. See Tennessee Code 44-18-101