2010 Tennessee Code
Title 13 - Public Planning And Housing
Chapter 20 - Housing Authorities
Part 3 - Relocation of Utility Facilities
13-20-301 - Findings and declarations.

13-20-301. Findings and declarations.

(a)  The findings and declarations made in § 13-20-209, with respect to slum, blighted, and deteriorated areas, are hereby affirmed and restated.

(b)  Redevelopment and urban renewal project areas include streets, alleys, easements, and other public ways in, under, and over which utility facilities are installed. Public streets and alleys are intended for public travel and transportation; but they are also intended for proper utility uses in serving the public, as authorized by applicable laws of this state, and such utility usage is for the benefit of the public served. Without making use of public ways, utility lines could not reach or economically service the adjacent public, particularly in urban areas; and further:

     (1)  The business and activities of utilities involve the rendition of essential public services vital to the health, safety and welfare of the citizens of this state;

     (2)  The development and existence of utilities directly and vitally affects the development, growth, and expansion of the general welfare, business and industry of this state; and

     (3)  All persons in this state are actual or potential customers of one (1) or more utility services, and all consumers will be affected by the cost of relocation of their facilities as necessary to accommodate redevelopment and urban renewal projects.

(c)  The obligation of such utility relocation is a burden on the public of this state and it is, therefore, in the public interest that such burden be minimized consistent with the purpose of such redevelopment and urban renewal project; therefore, it is the intent of the general assembly to ensure that the police power of the state in requiring relocation of utilities be exercised in a responsible manner.

(d)  The cost of utility relocation necessitated by redevelopment and urban renewal projects undertaken in accordance with §§ 13-20-101 13-20-215, and any amendments thereto, are properly a part of the cost of such projects, and it is in the public interest to provide for the equitable reimbursement of such cost of relocation; therefore, such relocation cost shall be included as part of the project costs of such redevelopment and urban renewal projects.

(e)  The statements in this section are legislative determinations and declarations of public policy, and this part should be liberally construed in conformity with its declaration and provisions to promote the public interest.

[Acts 1971, ch. 191, § 1; T.C.A., § 13-828.]