§ 54-6-117 — Crossing or relocation of facilities

The eligible private entity and each public utility or other entity whose facilities are to be crossed or affected shall cooperate fully with the other in planning and arranging the manner of the crossing or relocation of the facilities. Any such entity possessing the power of condemnation is expressly granted such powers in connection with the moving or relocation of facilities to be crossed by the qualifying transportation facility or that must be relocated to the extent that such moving or relocation is made necessary or desirable by development, redevelopment, or operation of the qualifying transportation facility, which shall be construed to include development, redevelopment, or operation of temporary facilities for the purpose of providing service during the period of development, redevelopment, or operation. Should the eligible private entity and any such public utility or other entity not be able to agree upon a plan for the crossing or relocation, the responsible public entity may determine the manner in which the crossing or relocation is to be accomplished and any damages due arising out of the crossing or relocation. The responsible public entity may employ expert engineers who shall examine the location and plans for such crossing or relocation, hear any objections and consider modifications, and make a recommendation to the responsible public entity. In such a case, the cost of the experts is to be borne by the eligible private entity.

Legislative History

Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.