Terms Used In Tennessee Code > Title 29 > Chapter 17 - Eminent Domain by Public Agencies

• Administration: means the United States food and drug administration. See Tennessee Code 53-1-301
• Advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or that are likely to induce directly or indirectly, the purchase of food, drug, devices or cosmetics. See Tennessee Code 53-1-102
• Affected group: means two (2) or more employees designated by an employer to participate in a shared work plan. See Tennessee Code 50-7-901
• 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.
• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• Alcohol: means :
  (A) Rubbing alcohol compound. See Tennessee Code 53-1-102
• Alcohol test: means an analysis of breath, or blood, or any other analysis that determines the presence and level or absence of alcohol as authorized by the United States department of transportation in its rules and guidelines concerning alcohol testing and drug testing. See Tennessee Code 50-9-103
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appointing authority: means a commissioner, department, officer or agency having power to make appointments to, and separations from, positions in state service. See Tennessee Code 8-30-103
• Appraisal: A determination of property value.
• Apprentice: means a worker who:
  (A) Is at least sixteen (16) years of age. See Tennessee Code 50-11-102
• Apprenticeship agreement: means a written agreement between an apprentice and a sponsor that contains the terms and conditions of the apprentice's employment and training consistent with 29 C. See Tennessee Code 50-11-102
• Apprenticeship council: means the Tennessee apprenticeship council established pursuant to §. See Tennessee Code 50-11-102
• Apprenticeship intermediary: means an entity that provides required technical instruction to an apprentice. See Tennessee Code 50-11-102
• Approved plan: means an employer's voluntary written plan for reducing unemployment under which a specified group of employees shares the work remaining after their normal weekly hours of work are reduced, which plan meets the requirements of §. See Tennessee Code 50-7-901
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney general: means the attorney general and reporter and any assistant thereto by whatever name known, any district attorney general and any assistant thereto by whatever name called, and any officer or full-time employee of the general assembly or any committee thereof established by statute, who is duly licensed to practice law in Tennessee, whose duty it is to provide facilities for drafting bills or to assist individual legislators in drafting bills or who renders legal advice and services to the members of the general assembly or committees thereof. See Tennessee Code 8-34-101
• board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
• Board of appeals: refers to the state employees' appeals board established by §. See Tennessee Code 8-30-103
• Catfish: means any species within the family Ictaluridae or the family Anarchichadidae. See Tennessee Code 53-1-102
• Catfish product: means any product capable of use as human food that is made wholly or in part from any catfish or portion of catfish, except products that contain catfish only in small proportions or historically have not been, in the judgment of the commissioner, considered by consumers as products of the United States commercial catfish industry and that are exempted from definition as a catfish product by the commissioner under conditions that the commissioner may prescribe to assure that the catfish or portions of catfish contained in the product are not adulterated and that the products are not represented as catfish products. See Tennessee Code 53-1-102
• Certificate of free sale: means a certificate issued by the department that certifies that the manufacturer of the food, nonprescription drugs, or cosmetics listed in the document is duly authorized to manufacture the products and either that:
  (A) The products may be sold freely to the public in the United States, and the manufacturer is in substantial compliance with this chapter as determined by an inspection conducted by the department. See Tennessee Code 53-1-102
• Chain of custody: refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances, and providing for accountability at each stage in handling, testing and storing specimens and reporting test results. See Tennessee Code 50-9-103
• class of positions: means a group of positions in state service determined by the commissioner to have sufficiently similar duties, authority, and responsibility such that:
  (A) The same qualifications may be reasonably required for. See Tennessee Code 8-30-103
• 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
• Color: includes black, white and intermediate grays. See Tennessee Code 53-1-102
• Color additive: means a material that:
  (a) Is a dye, pigment, or other substance made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral or other source. See Tennessee Code 53-1-102
• Commissioner: means the commissioner of labor and workforce development. See Tennessee Code 50-10-102
• Commissioner: means the commissioner of labor and workforce development. See Tennessee Code 50-11-102
• Commissioner: refers to the commissioner of human resources appointed under §. See Tennessee Code 8-30-103
• Commissioner: means the commissioner of agriculture. See Tennessee Code 53-1-102
• Computation date: means December 31 of each calendar year with respect to rates of premiums applicable for the twelve-month period beginning with the following July 1. See Tennessee Code 50-7-403
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Cosmetic: means :
  (A) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part of the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance. See Tennessee Code 53-1-102
• Covered employer: means a person or entity that employs a person, is covered by the Workers' Compensation Law, compiled in chapter 6 of this title, maintains a drug-free workplace pursuant to this chapter and includes on the posting required by §. See Tennessee Code 50-9-103
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Delivered: means transferred to the consumer, either immediately upon sale or at a time thereafter. See Tennessee Code 53-1-102
• Department: refers to the department of human resources pursuant to §. See Tennessee Code 8-30-103
• Department: means the department of agriculture. See Tennessee Code 53-1-102
• Department: means the department of labor and workforce development. See Tennessee Code 50-7-803
• Department: means the department of agriculture. See Tennessee Code 53-1-301
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dislocated worker: means an individual who:
  (A) Has been terminated or laid off, or who has received a notice of termination or layoff from employment, including an individual:

  (i) Currently eligible for unemployment insurance benefits. See Tennessee Code 50-7-803
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Displaced homemaker: means an individual who has been:
  (A) Providing unpaid services to the individual's family members in the home. See Tennessee Code 50-7-803
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Drug: means any controlled substance subject to testing pursuant to drug testing regulations adopted by the United States department of transportation. See Tennessee Code 50-9-103
• Drug: means articles, not including devices or their components, parts or accessories, that are:
  (A) Recognized in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, Official National Formulary, or any supplement to any of them. See Tennessee Code 53-1-102
• Drug or alcohol rehabilitation program: means a service provider that provides confidential, timely and expert identification, assessment and resolution of employee drug or alcohol abuse. See Tennessee Code 50-9-103
• Eligible training expenses: means expenses determined by the department to be eligible for grants awarded through the Tennessee works pilot program. See Tennessee Code 50-7-803
• Eminent domain: means the authority conferred upon the government, and those entities to whom the government delegates such authority, to condemn and take, in whole or in part, the private property of another, so long as the property is taken for a legitimate public use in accordance with the fifth and fourteenth amendments to the United States Constitution, the Constitution of Tennessee, Art. See Tennessee Code 29-17-102
• Employee: means any individual who performs services for a covered employer for wages if the services performed by the individual qualify as an employer-employee relationship with the employer based upon consideration of the following twenty (20) factors as described in the twenty-factor test of Internal Revenue Service Revenue Ruling 87-41, 1987-1 C. See Tennessee Code 50-9-103
• Employee assistance program: means an established program capable of providing expert assessment of employee personal concerns. See Tennessee Code 50-9-103
• Employer: means a person or entity that employs a person and that is covered by the Workers' Compensation Law, compiled in chapter 6 of this title. See Tennessee Code 50-9-103
• Employer: means a person employing fifteen (15) or more employees. See Tennessee Code 50-10-102
• Employer: means a person employing an apprentice. See Tennessee Code 50-11-102
• 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.
• 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}
• 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.
• Executive service: means all other positions that have not been placed under the preferred service and as are described in §. See Tennessee Code 8-30-103
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal act: means the federal Food, Drug and Cosmetic Act (21 U. See Tennessee Code 53-1-102
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Food: means :
  (A) Articles used for food or drink for humans or other animals. See Tennessee Code 53-1-102
• Food additive: means any substance, the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food, including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting or holding food. See Tennessee Code 53-1-102
• Fringe benefits: includes advantages, such as health insurance for hospital, medical, dental, and other services. See Tennessee Code 50-7-901
• 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.
• 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
• Homemade food item: means a food item, including a non-alcoholic beverage, which is produced and, if packaged, packaged at the private residence of the producer. See Tennessee Code 53-1-102
• Imported catfish: means catfish that is produced in a nation other than the United States, either according to the usual and customary techniques of aquaculture or in the freshwater lakes, rivers or streams or the marine or estuarine waters of the foreign nation. See Tennessee Code 53-1-102
• 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.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Intrastate commerce: means any and all commerce within the state and subject to the jurisdiction of the state, and includes the operation of any business or service establishment. See Tennessee Code 53-1-102
• Job applicant: means a person who has applied for a position with a covered employer and who has been offered employment conditioned upon successfully passing a drug or alcohol test, and may have begun work pending the results of the drug or alcohol test. See Tennessee Code 50-9-103
• 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.
• Knowingly: means having actual knowledge of or acting with deliberate ignorance or reckless disregard for the prohibition involved. See Tennessee Code 50-7-403
• Label: means a display of written, printed, or graphic matters upon the immediate container of any article, and a requirement made by or under authority of this chapter, that any word, statement, or other information appearing on the label shall not be considered to be complied with unless the word, statement or other information also appears on the outside container. See Tennessee Code 53-1-102
• Labeling: means all labels and other written, printed or graphic matter:
  (A) Upon any article or any of its containers or wrappers. See Tennessee Code 53-1-102
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Marketplace contractor: means any individual, corporation, partnership, sole proprietorship, or other business entity that:
  (A) Enters into an agreement with a marketplace platform to use the platform's online-enabled application, software, website, or system to receive connections to third-party individuals or entities seeking services in this state. See Tennessee Code 50-8-101
• Marketplace platform: means a corporation, partnership, sole proprietorship, or other business entity operating in this state that:
  (A) Offers an online-enabled application, software, website, or system that enables the provision of services by marketplace contractors to third-party individuals or entities seeking services. See Tennessee Code 50-8-101
• Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Month: means a calendar month. See Tennessee Code 1-3-105
• Normal weekly hours of work: means the normal hours of work for full-time and permanent part-time employees in the affected group when their employing unit is operating on its normal, full-time basis, not to exceed forty (40) hours and not including overtime. See Tennessee Code 50-7-901
• Office of apprenticeship: means the Tennessee office of apprenticeship established pursuant to §. See Tennessee Code 50-11-102
• Official compendium: means the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, Official National Formulary, or any supplement to any of them. See Tennessee Code 53-1-102
• On-the-job training: means training provided by an employer that:
  (A) Is provided to a paid apprentice who is engaged in productive work in an occupation, and the work provides knowledge or skills essential to the full and adequate performance of the occupation. See Tennessee Code 50-11-102
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• Person: has the meaning given that term by §. See Tennessee Code 50-7-403
• Person: includes an individual, partnership, corporation and association. See Tennessee Code 53-1-102
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Pesticide chemical: means :
  (A) Any substance or mixture of substances, including disinfectants, intended for preventing, destroying, repelling or mitigating any insects, rodents, nematodes, fungi, bacteria, weeds or other forms of plant or animal life or viruses, except viruses on or in living humans or other animals, that the commissioner declares to be a pest. See Tennessee Code 53-1-102
• Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Pre-apprenticeship: means a program or set of services, in partnership with a registered apprenticeship program, designed to prepare individuals to enter and succeed in a registered apprenticeship program. See Tennessee Code 50-11-102
• Preferred service: means all offices and positions of employment in the state service that have been placed under the preferred service provisions of this chapter. See Tennessee Code 8-30-103
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Produce: means to prepare a food item by cooking, baking, drying, mixing, cutting, fermenting, preserving, dehydrating, growing, raising, or other process. See Tennessee Code 53-1-102
• Producer: means a person who produces a homemade food item. See Tennessee Code 53-1-102
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Quorum: The number of legislators that must be present to do business.
• Raw agricultural commodity: means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing. See Tennessee Code 53-1-102
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• 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
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• 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).
• 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
• Required technical instruction: means an organized and systematic form of instruction, other than on-the-job training, that:
  (A) Is designed to provide an apprentice with knowledge of the subjects related to the apprentice's occupation. See Tennessee Code 50-11-102
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• 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
• Safety-sensitive position: means a position involving a safety-sensitive function pursuant to regulations governing drug or alcohol testing adopted by the United States department of transportation. See Tennessee Code 50-9-103
• Salvageable merchandise: means any food, drug, cosmetic, device or other item listed in this chapter or any regulations promulgated under this chapter that can be reconditioned, labeled, relabeled, repackaged, recoopered, sorted, cleaned, culled or by any other means be salvaged to meet the requirements of this chapter or those regulations. See Tennessee Code 53-1-102
• Seller: means a person who sells a homemade food item to a consumer. See Tennessee Code 53-1-102
• Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shared work benefits: means the unemployment compensation benefits payable to employees in an affected group under an approved plan as distinguished from the unemployment benefits otherwise payable under other parts of this chapter. See Tennessee Code 50-7-901
• Shared work employer: means :
  (A) An employer with a shared work plan in effect. See Tennessee Code 50-7-901
• 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
• Specimen: means tissue, fluid or a product of the human body capable of revealing the presence of alcohol or drugs or their metabolites. See Tennessee Code 50-9-103
• Sponsor: means a person operating a pre-apprenticeship or apprenticeship. See Tennessee Code 50-11-102
• Standards: means the standards for the growing, harvesting, packing, and holding of produce for human consumption ( 21 C. See Tennessee Code 53-1-301
• State: means the state of Tennessee and its political subdivisions. See Tennessee Code 53-1-102
• State: means the state of Tennessee. See Tennessee Code 8-34-101
• 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
• State agency: means an authority, board, branch, commission, committee, department, division, or other instrumentality in state service that is subject to this chapter. See Tennessee Code 8-30-103
• State registration agency: means the Tennessee agency responsible for registering pre-apprenticeships, apprenticeships, and apprentices, and for reviewing pre-apprenticeships and apprenticeships for compliance with state law and the state plan for equal employment opportunities. See Tennessee Code 50-11-102
• Statute: A law passed by a legislature.
• Subgroup: means a group of employees that constitutes at least ten percent (10%) of the employees in an affected group. See Tennessee Code 50-7-901
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
• Summons: Another word for subpoena used by the criminal justice system.
• test: means any chemical, biological or physical instrumental analysis administered by a laboratory authorized to do so pursuant to this chapter, for the purpose of determining the presence or absence of a drug or its metabolites pursuant to regulations governing drug testing adopted by the United States department of transportation or other recognized authority approved by rule by the commissioner of labor and workforce development. See Tennessee Code 50-9-103
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trade adjustment assistance funds: means funds distributed in accordance with the federal Trade Adjustment Assistance Reform Act of 2002, compiled in title 19 of the United States Code. See Tennessee Code 50-7-803
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Undue hardship: means an action requiring significant difficulty or expense. See Tennessee Code 50-10-102
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Verdict: The decision of a petit jury or a judge.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105