Tennessee § 54-22-101 - Presumptions — Eminent domain — Fences.
Full text of Tennessee Tennessee Code Annotated § 54-22-101 — Presumptions — Eminent domain — Fences., with citation guidance and answers to common questions.
§ 54-22-101. Presumptions — Eminent domain — Fences.
Wherever the state proposes to improve a section of an existing two-lane undivided public road, the width of the right-of-way of which cannot be ascertained totally or partially by instruments of conveyance, court orders or otherwise, there shall be a presumption that the unascertained width is twenty-five feet (25') on either side of the centerline of the traveled portion of the road. This presumption is rebuttable only and if necessary in the judgment of the commissioner of transportation to effect the intent of this part, the state shall acquire the adjoining property by negotiation or by eminent domain. Fences in place for the prescriptive period shall be considered ownership. Acts 1985, ch. 265, § 1. Cross-References. Eminent domain by public agencies, title 29, ch. 17. Relocation of utilities, title 54, ch. 5, part 8. Removal or destruction of building or structure, § 29-17-911 . Attorney General Opinions. Under the provisions of T.C.A. §§ 54-22-102 and 54-22-103 , the state is financially responsible for the necessary removal of any utility located entirely on the presumptive right-of-way claimed by the state pursuant to T.C.A. § 54-22-101 , OAG 02-129 (11/26/02). Comparative Legislation. Rights-of-way: Ala. Code § 23-1-45 . Ark. Code § 27-67-304 et seq. Ga. O.C.G.A. § 32-1-3 et seq. Ky. Rev. Stat. Ann. § 176.010 et seq. Mo. Rev. Stat. § 228.060. N.C. Gen Stat. § 136-44.11. Va. Code § 33.1-137 et seq. Collateral References. 39 Am. Jur. 2d Highways, Streets, and Bridges § 62 et seq. 39A C.J.S. Highways § 135 et seq. Highways 1 et seq.
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 54-22-101
What does Tennessee Code Annotated § 54-22-101 cover?
Section 54-22-101 ("Presumptions — Eminent domain — Fences.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 54-22-101?
A common citation format is "Tennessee Code Annotated § 54-22-101" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 54-22-101 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.