Educate yourself, just in case. CA: 54-10-101 section 1-10 (included are Court decisions that effect the law.) NOTES TO DECISIONS 1. Legislative Control of Roads. 2. Public Roads. 3. Public Road Defined. 4. Use of Roads. 5. Establishment. 6. Acquisition. 7. Dedication. 8. Implied Acceptance. 9. Nonuser or Obstruction. 10. Private Ways. 1. Legislative Control of Roads. The general assembly has the power to place any reasonable condition upon members of the public for their use of the public roads. Sumner County v. Interurban Transp. Co., 141 Tenn. 493, 213 S.W. 412, 1918 Tenn. LEXIS 112, 5 A.L.R. 765 (1919). 2. Public Roads. Roadways acquired under ch. 14 of this title authorized persons without adequate and convenient outlet to public highway to condemn right-of-way across private property of another are public only in the sense that the statutes authorizing them do not violate the constitutional principle that private property cannot be taken for private purpose but only for public use. Vinson v. Nashville, C. & S. L. Ry., 45 Tenn. App. 161, 321 S.W.2d 841, 1958 Tenn. App. LEXIS 120 (Tenn. Ct. App. 1958). 3. Public Road Defined. The fact that a highway is used chiefly by a private individual and is opened and maintained at his private expense does not make it a private highway where the statute declares it public and the whole public has the right to use the way. Bashor v. Bowman, 133 Tenn. 269, 180 S.W. 326, 1915 Tenn. LEXIS 92 (1915). A public road is a way open to all the people, without distinction, for passage and repassage at their pleasure. Sumner County v. Interurban Transp. Co., 141 Tenn. 493, 213 S.W. 412, 1918 Tenn. LEXIS 112, 5 A.L.R. 765 (1919). A public highway is such a passageway as any and all members of the public have an absolute right to use as distinguished from a permissive privilege of using same. Standard Life Ins. Co. v. Hughes, 203 Tenn. 636, 315 S.W.2d 239, 1958 Tenn. LEXIS 229 (1958). 4. Use of Roads. Every member of the public has the right to use the public roads in a reasonable manner for the promotion of his health and happiness, but such use is restricted to a use with due care and in a reasonable manner. Sumner County v. Interurban Transp. Co., 141 Tenn. 493, 213 S.W. 412, 1918 Tenn. LEXIS 112, 5 A.L.R. 765 (1919). 5. Establishment. By Acts 1819, ch. 26, parol evidence was admissible to establish the public character of a road and was sufficient to make a prima facie case, until the contrary was made to appear by the production of the county court (now county legislative body) records. Mankin v. State, 32 Tenn. 206, 1852 Tenn. LEXIS 51 (1852). A statute, providing for the opening of a road through privately owned lands at the instance and primarily for the benefit of an otherwise confined private landowner, is constitutional, as under this section, the road became public on its opening. Derryberry v. Beck, 153 Tenn. 220, 280 S.W. 1014, 1925 Tenn. LEXIS 22 (1926). Unless a passageway has been created a public way in some manner known to the law, such as by act of the public authorities, or by express dedication of the owner, or by implied dedication by means of the use by the public and acceptance by them with the intention of the owner that the use become public or by adverse user for a period of 20 years continuously creating prescriptive right, it is not a public way. Standard Life Ins. Co. v. Hughes, 203 Tenn. 636, 315 S.W.2d 239, 1958 Tenn. LEXIS 229 (1958). 6. Acquisition. Dedication by the landowner, and acceptance and adverse user by the public, are sufficient, without any action of the county legislative body to establish a public road. Young v. State, 17 Tenn. 390, 1836 Tenn. LEXIS 67 (1836); Elkins v. State, 21 Tenn. 543, 1841 Tenn. LEXIS 64 (1841); Worth v. Dawson, 33 Tenn. 59, 1853 Tenn. LEXIS 5 (1853); Scott v. State, 33 Tenn. 629, 1854 Tenn. LEXIS 80 (1854); Russell v. State, 43 Tenn. 119, 1866 Tenn. LEXIS 25 (1866); Anderson v. Turbeville, 46 Tenn. 150, 1868 Tenn. LEXIS 76 (1868); Jackson v. State, 46 Tenn. 532, 1869 Tenn. LEXIS 93 (1869); Mathis v. Parham, 1 Coopers Tenn. Ch. 533 (1873); Nashville & D. R. R. v. State, 60 Tenn. 55, 1873 Tenn. LEXIS 414 (1873); Scott v. Cheatham, 59 Tenn. 713, 1874 Tenn. LEXIS 39 (1874); Tullahoma v. Gill, 1 Shan. 326 (1874); Sharp v. Mynatt, 69 Tenn. 375, 1878 Tenn. LEXIS 102 (1878); Henderson v. Alloway, 3 Coopers Tenn. Ch. 688 (1878); Henderson v. Donovan, 81 Tenn. 289, 1884 Tenn. LEXIS 40 (1884); Wilson v. Acree, 97 Tenn. 378, 37 S.W. 90, 1896 Tenn. LEXIS 154 (1896); State ex rel. Kincaid v. Hamilton, 109 Tenn. 276, 70 S.W. 619, 1902 Tenn. LEXIS 74 (1902); McKinney v. Duncan, 121 Tenn. 265, 118 S.W. 683, 1908 Tenn. LEXIS 19 (1909); Doyle v. Chattanooga, 128 Tenn. 433, 161 S.W. 997, 1913 Tenn. LEXIS 60 (1913). The right to a public way may be acquired by user. Elkins v. State, 21 Tenn. 543, 1841 Tenn. LEXIS 64 (1841); Nashville & D. R. R. v. State, 60 Tenn. 55, 1873 Tenn. LEXIS 414 (1873). 7. Dedication. The dedication of a way to the public by one of the several tenants in common, without the consent of the others, either express or implied, is not valid. Scott v. Cheatham, 59 Tenn. 713, 1874 Tenn. LEXIS 39 (1874). Stipulation in a deed conveying land that a street shall be extended through the same is valid and enforceable. Crutchfield v. Wason Car Works, 67 Tenn. 242, 1874 Tenn. LEXIS 364 (1874); Boyd v. Hunt, 102 Tenn. 495, 52 S.W. 131, 1899 Tenn. LEXIS 73 (1899). This statute was not intended to destroy the right of dedication to public uses as it has always existed. Roberts v. Columbia, G. & S. F. Turnpike Co., 98 Tenn. 133, 38 S.W. 587, 1896 Tenn. LEXIS 211 (1897). The dedication by the mortgagor of his mortgaged lands for a public road, where the mortgagee makes no objection, is not invalid for that reason, and third persons cannot object. The mortgagee only can object. Roberts v. Columbia, G. & S. F. Turnpike Co., 98 Tenn. 133, 38 S.W. 587, 1896 Tenn. LEXIS 211 (1897). A road was sufficiently dedicated to the public for a public road, where it had been accepted by the county court (now county legislative body) as a public road, and hands had been assigned to work it for years. Guinn v. Eaves, 117 Tenn. 524, 101 S.W. 1154, 1906 Tenn. LEXIS 62 (1906). Remaindermen are not affected by the life tenants dedication for a road. McKinney v. Duncan, 121 Tenn. 265, 118 S.W. 683, 1908 Tenn. LEXIS 19 (1909). Among the factors that indicate an intent to dedicate a private as a public road are: The landowner opens a road to public travel; acquiescence in the use of the road as a public road, and the fact the public has used the road for an extended period of time. While dedication is not dependent on duration of the use, extended use is a circumstance tending to show an intent to dedicate. Finally, an intent to dedicate is inferable when the roadway is repaired and maintained by the public. Rogers v. Sain, 679 S.W.2d 450, 1984 Tenn. App. LEXIS 2968 (Tenn. Ct. App. 1984) (road was dedicated by implication as a public road). An offer of dedication of a private alley as a public alley must be accepted before a dedication to public use is complete. Public acceptance of an offer of dedication may consist of either a formal act on the part of public authorities or common use by the general public. State ex rel. Matthews v. Metropolitan Government of Nashville & Davidson County, 679 S.W.2d 946, 1984 Tenn. LEXIS 881 (Tenn. 1984). 8. Implied Acceptance. The acceptance of a street by a city may be implied from a general long continued use thereof by the public, under a claim of right, and such use may operate as an acceptance thereof, so as to bind the dedicator and make the dedication irrevocable. Doyle v. Chattanooga, 128 Tenn. 433, 161 S.W. 997, 1913 Tenn. LEXIS 60 (1913). 9. Nonuser or Obstruction. The mere nonuser of a public road will not work an abandonment of the same as against the public, and the right to obstruct a public way cannot rest upon prescription. Elkins v. State, 21 Tenn. 543, 1841 Tenn. LEXIS 64 (1841); Nashville & D. R. R. v. State, 60 Tenn. 55, 1873 Tenn. LEXIS 414 (1873); Sims v. City of Chattanooga, 70 Tenn. 694, 1879 Tenn. LEXIS 224 (1879); Gilson v. State, 73 Tenn. 161, 1880 Tenn. LEXIS 103 (1880); Railroad v. Ferguson, 105 Tenn. 552, 59 S.W. 343, 1900 Tenn. LEXIS 106, 80 Am. St. Rep. 908 (1900). 10. Private Ways. Requisites of adverse possession are essential to the acquirement of a private road over the land of another, by prescription. McKinney v. Duncan, 121 Tenn. 265, 118 S.W. 683, 1908 Tenn. LEXIS 19 (1909). Graveled area at side of road on private property of owner of store and service station and used by customers of store and service station, was not a public highway within meaning of insurance policy providing coverage for injuries sustained on public highway. Standard Life Ins. Co. v. Hughes, 203 Tenn. 636, 315 S.W.2d 239, 1958 Tenn. LEXIS 229 (1958). Collateral References. 39 Am. Jur. 2d Highways, Streets, and Bridges 21 et seq. 39A C.J.S. Highways 27 et seq. Construction or maintenance of sewers, water pipes, or the like by public authorities in roadway, street or alley as indicating dedication or acceptance thereof. 52 A.L.R.2d 263.
Posted on: Wed, 08 Oct 2014 23:52:40 +0000
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