Part 1 . Tennessee Trails System Act 11-11-101 – 11-11-120
Part 2 Tennessee Adventure Tourism and Rural Development Act of 2011 11-11-201 – 11-11-206

Terms Used In Tennessee Code > Title 11 > Chapter 11 - Tennessee Trails System

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adventure tourism: means outdoor recreational opportunities such as equine and motorized trail riding, white water rafting and kayaking, rappelling, road biking, rock climbing, hang-gliding, spelunking, shooting sports, mountain biking, canoeing, paragliding, rowing, zip lining and other such activities. See Tennessee Code 11-11-203
  • Adventure tourism district: means a defined geographic area identified and authorized by a two-thirds (2/3) vote of a local governing body and approved by the department and the department of environment and conservation as an area where the promotion of adventure tourism is encouraged. See Tennessee Code 11-11-203
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Aggrieved person: means a person who was a party to an intercepted wire, oral or electronic communication, or a person against whom the interception was directed. See Tennessee Code 40-6-303
  • Agriculture: means :
    1. The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
    2. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
    3. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
    4. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
    5. Appraisal: A determination of property value.
    6. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
    7. Area coverage: means that a service will be available to patrons in accordance with a financially feasible plan without regard to how thickly or sparsely patrons' premises may be located in a cooperative's areas of service. See Tennessee Code 65-25-102
    8. Arrest: Taking physical custody of a person by lawful authority.
    9. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
    10. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
    11. Attorney general and reporter: means the attorney general and reporter of Tennessee. See Tennessee Code 40-6-303
    12. Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
    13. Best interests of the state: means a determination by the commissioner of revenue, with approval by the commissioner of tourist development, that:
      1. The qualified business enterprise or enterprises made within or adjacent to an adventure tourism district is a result of the special allocation and tax credits provided for in § 67-4-2109(b)(2)(C). See Tennessee Code 11-11-203
      2. Board: means a cooperative's board of directors or the necessary number thereof to take action. See Tennessee Code 65-25-102
      3. Canoeing: means the use of canoe for navigation of waterways. See Tennessee Code 11-11-203
      4. Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
      5. Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
      6. Commissioner: means the commissioner of environment and conservation. See Tennessee Code 11-11-103
      7. Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
      8. Community utility services: includes broadband internet access and related services and telecommunications services, including, but not limited to, television communication services of any kind and by any means, television programming and decryption services, selling, leasing, both as lessor and lessee, servicing and repairing related equipment, including TV antenna dishes, and the furnishing for any purpose to itself or to others, including other cooperatives, information and data relative to its or their other purposes, including, if such is the case, the primary purpose. See Tennessee Code 65-25-102
      9. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
      10. Conservation easement: means a conservation easement as defined in §. See Tennessee Code 11-11-103
      11. Contents: when used with respect to any wire, oral or electronic communication, includes any information concerning the substance, purport or meaning of that communication. See Tennessee Code 40-6-303
      12. Contract: A legal written agreement that becomes binding when signed.
      13. Conviction: A judgement of guilt against a criminal defendant.
      14. cooperatives: means one (1) or more nonprofit cooperative membership corporations heretofore or hereafter organized under or otherwise subject to this chapter, including corporations transacting business in this state pursuant to §. See Tennessee Code 65-25-102
      15. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
      16. Court of record: means any circuit or criminal court in the state of Tennessee. See Tennessee Code 40-6-303
      17. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
      18. Deed: The legal instrument used to transfer title in real property from one person to another.
      19. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
      20. Department: means the department of tourist development. See Tennessee Code 11-11-203
      21. Department: means the department of environment and conservation. See Tennessee Code 11-11-103
      22. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
      23. District attorney general: means the district attorney general of any judicial district where jurisdiction exists to prosecute an offense that is grounds for an intercept order under § 40-6-305, or the judicial district where the interception of communications is to occur. See Tennessee Code 40-6-303
      24. Donor: The person who makes a gift.
      25. Electronic communication: means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by the aid of wire, radio, electromagnetic, photooptical or photoelectronic facilities, but does not include:
        1. Any wire or oral communication. See Tennessee Code 40-6-303
        2. Electronic communications service: means any service which provides to users of the service the ability to send or receive wire or electronic communications. See Tennessee Code 40-6-303
        3. Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
        4. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
        5. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
        6. Executive authority: includes the governor, and any person performing the functions of governor in a state other than this state. See Tennessee Code 40-9-102
        7. Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
        8. Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
        9. Felony: A crime carrying a penalty of more than a year in prison.
        10. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
        11. Floor amendment: An amendment offered by an individual legisator from the floor during consideration of a bill or other measure, in contrast to a committee amendment.
        12. Fraud: Intentional deception resulting in injury to another.
        13. Fresh pursuit: includes fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. See Tennessee Code 40-7-202
        14. Germane: On the subject of the pending bill or other business; a strict standard of relevance.
        15. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
        16. Governing body: means the board or body in which the general legislative powers of a municipality are vested. See Tennessee Code 7-33-301
        17. Governor: includes any person performing the functions of governor by authority of the law of this state. See Tennessee Code 40-9-102
        18. Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
        19. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
        20. Hang-gliding: means an air sport in which a pilot flies a light and un-motorized aircraft launched by foot. See Tennessee Code 11-11-203
        21. Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
        22. Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
        23. Improvement: means the construction, installation or substantial reconstruction of sanitary sewers. See Tennessee Code 7-33-301
        24. Improvement assessment: means an assessment made each year against benefited property to pay the costs of an improvement, in the proportion that the assessed value of each parcel or lot of benefited property bears to the total assessed value of all benefited property according to the latest assessments of such property for purposes of municipal property taxation or as provided by this part. See Tennessee Code 7-33-301
        25. Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
        26. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
        27. Insane: includes all persons of unsound mind. See Tennessee Code 1-3-105
        28. Intercept: means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. See Tennessee Code 40-6-303
        29. Investigative or law enforcement officer: means :
          1. In all counties having a population in excess of two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census:
            1. Any officer of the state or a political subdivision of the state, who:
        1. Is empowered by law to conduct investigations of or to make arrests for offenses enumerated in § 40-6-305. See Tennessee Code 40-6-303
        2. Judge of competent jurisdiction: means a judge presiding over any court of record as defined in this part and §§39-13-601 --39-13-603 in the state of Tennessee. See Tennessee Code 40-6-303
        3. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
        4. Jurisprudence: The study of law and the structure of the legal system.
        5. Kayaking: means the use of a kayak for navigation of waterways. See Tennessee Code 11-11-203
        6. Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
        7. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
        8. Lease-sale: means an agreement whereby the possession and use of assets and properties would be transferred to a lessee-purchaser for a stated or determinable term in time, during or at the end of which such lessee-purchaser would have the right and be obligated, or would have the option, to purchase and acquire, or would without further act acquire, fee simple title to such assets and properties for a price expressly stated in the agreement or for a price determinable by a formula contained in the agreement, whether or not any portion of any lease-hold or rental payments would be creditable as a part of such price. See Tennessee Code 65-25-102
        9. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
        10. Lien: A claim against real or personal property in satisfaction of a debt.
        11. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
        12. Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
        13. Local governing body: means the elected legislative body of a municipal, metropolitan or county government. See Tennessee Code 11-11-203
        14. Local government: means any county, municipality, city, or other political subdivision of this state. See Tennessee Code 65-17-101
        15. Local legislation: means any ordinance, resolution, motion, amendment, regulation, or rule adopted by a local government. See Tennessee Code 65-17-101
        16. Local legislative body: means the governing body of a local government. See Tennessee Code 65-17-101
        17. Member: means a person having the right to vote for the directors of a cooperative and upon other matters as provided in this chapter, a cooperative's articles of incorporation or bylaws, and includes each incorporator of a cooperative thereof, and also a husband and wife admitted to joint membership. See Tennessee Code 65-25-102
        18. Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
        19. Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
        20. Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
        21. Mortgagee: The person to whom property is mortgaged and who has loaned the money.
        22. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
        23. Motorized trail riding: means the exploration of trails and natural areas by use of all-terrain vehicles. See Tennessee Code 11-11-203
        24. Mountain biking: means the exploration of trails and natural areas by the use of bicycles. See Tennessee Code 11-11-203
        25. Municipality: means incorporated city or town. See Tennessee Code 7-33-301
        26. Net worth: means the difference between a cooperative's assets and liabilities, which liabilities shall not include any amounts of patronage capital assigned or assignable to patrons on the cooperative's books or carried on such books even though not so assigned or assignable, determined in accordance with generally accepted accounting principles and methods and the accounting system applicable to such cooperative, as most recently, but not more than sixty (60) days, reflected in its books of account and balance sheet prior to the date of a member meeting at which a vote will be taken on whether to sell or to lease-sell all or a substantial portion of the assets and properties which are devoted to and are used or useful in pursuing a primary purpose. See Tennessee Code 65-25-102
        27. Oath: includes affirmation. See Tennessee Code 1-3-105
        28. Oath: A promise to tell the truth.
        29. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
        30. Oral communication: means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation, but "oral communication" does not include any electronic communication. See Tennessee Code 40-6-303
        31. Paragliding: means the air sport in which a pilot flies a light motorized aircraft that uses a parachute to stay airborne. See Tennessee Code 11-11-203
        32. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
        33. Patron: means a person agreeing to receive or already receiving or who in the past has received one (1) or more of the services rendered by a cooperative, whether such person is a member thereof or not, and "nonmember patron" means such a person who or which is not or was not a member. See Tennessee Code 65-25-102
        34. Pen register: means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached, but "pen register" does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communication services provided by the provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business. See Tennessee Code 40-6-303
        35. Person: means any natural person, corporation, limited liability company, partnership, joint venture, or other private business entity except for corporations transacting business in this state pursuant to chapter 25 of this title. See Tennessee Code 65-17-101
        36. Person: includes any natural person, firm, association, corporation, cooperative, business trust, partnership and federal, state or local governments, or departments, agencies or any other political subdivision thereof. See Tennessee Code 65-25-102
        37. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
        38. Personal property: All property that is not real property.
        39. Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
        40. Political subdivision: means any county, any incorporated city or town, or other political subdivision. See Tennessee Code 11-11-103
        41. Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
        42. Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
        43. Primary purpose: means one (1) of the purposes provided for in §. See Tennessee Code 65-25-102
        44. Probable cause: A reasonable ground for belief that the offender violated a specific law.
        45. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
        46. Property: includes both personal and real property. See Tennessee Code 1-3-105
        47. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
        48. Quorum: The number of legislators that must be present to do business.
        49. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
        50. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
        51. Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
        52. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
        53. Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
        54. Road biking: means both noncompetitive and competitive bicycling events that take place on improved roads. See Tennessee Code 11-11-203
        55. Rock climbing: means the recreational sport of climbing up or across natural rock formations. See Tennessee Code 11-11-203
        56. Rowing: means the propelling of a boat by means of oars. See Tennessee Code 11-11-203
        57. secondary purpose: means one (1) of the purposes provided for in §. See Tennessee Code 65-25-102
        58. Service of process: The service of writs or summonses to the appropriate party.
        59. services: includes sales, exchanges, rentals, repairs and maintenance of land, facilities, equipment, machinery, appliances, accessories and goods and the financing of their acquisition by patrons. See Tennessee Code 65-25-102
        60. Shooting sports: means the recreational sport of firing handguns, rifles or shotguns at moving or fixed targets. See Tennessee Code 11-11-203
        61. signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
        62. Spelunking: means the recreational sport of exploring noncommercial cave systems. See Tennessee Code 11-11-203
        63. State: includes the District of Columbia. See Tennessee Code 40-7-202
        64. 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
        65. Statute: A law passed by a legislature.
        66. Substantial portion: means ten percent (10%) or more of the value in dollars of a cooperative's assets and properties as appropriately stated in its books of account. See Tennessee Code 65-25-102
        67. Summons: Another word for subpoena used by the criminal justice system.
        68. System: means the "Tennessee trails system" as established in this chapter and including all trails and trail segments, together with their rights-of-way, whether initially designated or later added by any of the procedures described in the chapter. See Tennessee Code 11-11-103
        69. Testify: Answer questions in court.
        70. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
        71. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
        72. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
        73. Venue: The geographical location in which a case is tried.
        74. White water rafting: means the recreational activity of using an inflatable raft or kayak to navigate rough water. See Tennessee Code 11-11-203
        75. Wire communication: means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by any person engaged as a provider of wire or electronic communications service in providing or operating those facilities for the transmission of communications. See Tennessee Code 40-6-303
        76. Writ: A formal written command, issued from the court, requiring the performance of a specific act.
        77. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
        78. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
        79. Zip lining: means the exploration of natural areas by use of above-ground cable systems. See Tennessee Code 11-11-203