Terms Used In Tennessee Code > Title 70 > Chapter 8 > Part 3 - Rare Plant Protection and Conservation

• Agency: means the wildlife resources agency. See Tennessee Code 70-1-101
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Commissioner: means the commissioner of environment and conservation and the commissioner's authorized representatives. See Tennessee Code 70-8-303
• conservation: include the use, and the use of, all methods and procedures for the purpose of increasing the number of individuals of each resident species of plant up to levels adequate to assure their survival in their ecosystems. See Tennessee Code 70-8-303
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Department: means the department of environment and conservation. See Tennessee Code 70-8-303
• Devise: To gift property by will.
• Endangered species: means any species or subspecies of plant whose continued existence as a viable component of the state's flora is determined by the commissioner to be in jeopardy, including, but not limited to, all species of plants determined to be an "endangered species" pursuant to the Endangered Species Act. See Tennessee Code 70-8-303
• Endangered Species Act: means the federal Endangered Species Act of 1973, Public Law 93-205 (87 Stat. See Tennessee Code 70-8-303
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Nursery farmer: means any person engaged in the practice of growing or propagating nursery stock for sale. See Tennessee Code 70-8-303
• Nursery stock: means all trees, shrubs, or other perennial plants or parts of such trees, shrubs, or other perennial plants grown or kept for, or capable of, propagation, distribution or sale on a commercial basis. See Tennessee Code 70-8-303
• 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, partnership, trust, association, or any other private entity, or any officer, agent, department or instrumentality of the federal government, any state or political subdivision of the state, or any foreign government. See Tennessee Code 70-8-303
• Plant: means any member of the plant kingdom, including seeds, roots, cuttings, and other parts of the plant. See Tennessee Code 70-8-303
• Possession: means both actual and constructive possession, and any control of the object or objects referred to. See Tennessee Code 70-1-101
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• 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 road: means the traveled portion of, and the shoulders on each side of, any road or highway maintained for public travel by a county, city, city and county, the state, or the United States government, and includes all bridges, culverts, overpasses, fills, and other structures within the limits of the right-of-way of any such road or highway. See Tennessee Code 70-1-101
• Public works project: means any federal, state, county or municipal or other governmental project. See Tennessee Code 70-8-303
• Resident: means any person who resides in this state for a period of ninety (90) consecutive days with the genuine intent of making this state that person's place of permanent abode, and who, when absent, intends to return to this state. See Tennessee Code 70-1-101
• Sell: includes the offering or possessing for sale, bartering, exchanging or trading. See Tennessee Code 70-1-101
• Special concern species: means any species or subspecies of plant that is uncommon in Tennessee, or that has unique or highly specific habitat requirements or scientific value that requires careful monitoring of its status. See Tennessee Code 70-8-303
• 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
• Threatened species: means any species or subspecies of plant that appears likely, within the foreseeable future, to become endangered throughout all or a significant portion of its range in Tennessee, including, but not limited to, all species of plants determined to be a "threatened species" pursuant to the Endangered Species Act. See Tennessee Code 70-8-303
• 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