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Statutes

"Tennessee Statutes are now housed on LexisNexis.

Contracts, Leases and Lease-Purchase Agreements involving local governments are governed by Tenn. Code Ann. § 7-51-901 through Tenn. Code Ann. § 7-51-911.

Additionally, Tenn. Code Ann. § 9-21-107 describes powers of local governments, Subsection 10 describes the power to:

(10) Acquire by purchase, gift or the exercise of the right of eminent domain, to lease as lessor or lessee, and to hold, dispose of, and convey any property, real or personal, tangible or intangible, or any right or interest in any such property, in connection with any public works project, whether or not subject to mortgages, liens, charges or other encumbrances, and to construct any public works project subject thereto. In the acquisition of public works projects, no governing body shall have the right to exercise the power of eminent domain with respect to real or personal property which has been dedicated to a public use, or which is at the time being so used, unless the owners or authorities having jurisdiction over the property agree to such acquisition. No governing body shall construct any structure of any type on or over any property which has been dedicated to public use, or which is at the time being so used, unless the owners or authorities having jurisdiction over the property agree to the construction of such structure. A local government may use any right-of-way, easement or other similar property right necessary or convenient in connection with the acquisition, improvement, operation or maintenance of a public works project held by the state or any other local government; provided, that the state or such other local government consents to such use;"

Cases

Comments

Many significant aspects of leasing to state and local governmental entities in Tennessee are state-law specific and vary idiosyncratically depending on the type of entity or particular entity involved. Contact Tennessee counsel of your choice for advice on such transactions.

Contributors

Tony R. Sears; William R. Leinen
Ward Greenberg Heller & Reidy LLP

The statutory information was edited and reviewed with the support of MultiState

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