(a) If any real property owned by a local government, where a written agreement was executed allowing adjoining private property owners to utilize the local government’s real property for agricultural use when the property was transferred by execution of a quitclaim deed to the local government, is then sold or transferred to another local government or to a state agency, then the written agreement shall continue to be valid.

Terms Used In Tennessee Code 12-1-111

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • 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
  • 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
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) Any local government transferring or selling real property as described in subsection (a) shall give written notice to any affected private property owners thirty (30) days prior to the sale or transfer.
(c) If any private property owner is required to cease agricultural use of any real property that is sold or transferred to a state agency pursuant to subsection (a), then the state agency shall be responsible for providing information regarding potential grant funding for fencing and watering livestock and may work with the owner to seek such funding, if such funding is available; provided, that the owner shall be responsible for maintaining any of the resulting improvements.
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