Tennessee Code 42-8-104 – Violations – Heliport deemed nuisance – Private right of action
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Terms Used In Tennessee Code 42-8-104
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Heliport: means land from which helicopters take off and land. See Tennessee Code 42-8-101
- Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
- State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
Any heliport operated in violation of this chapter is deemed a public nuisance, causing irreparable injury to the state, the county in which the heliport is located, municipalities located in that county and the residents of the county. In addition to any other remedies or rights of action possessed by any person or governmental unit, persons who reside on land subject to the prohibitions in this chapter have a private right of action against a person operating a heliport in violation of this chapter, and have the right to seek injunctive relief as allowed by law, to recover damages for nuisance, and to recover costs and attorney’s fees if the resident is the prevailing party.