Tennessee Code Annotated
Tenn. Code Ann. § 13-3-405 (2026)
Plat approval not acceptance of road
✓ current as of May 2026
The approval of a plat by the regional planning commission shall not be deemed to constitute or effect an acceptance by any county or by the public of the dedication of any road or other ground shown upon the plat.
Acts 1935, ch. 35, § 4; C. Supp. 1950, § 3493.13; T.C.A. (orig. ed.), § 13-305.
Notes of Decisions
Cited in 5
cases, 1983–2017 · leading case: Hackett v. Smith Cnty., 807 S.W.2d 695 (Tenn. Ct. App. 1990).
Hackett v. Smith Cnty., 807 S.W.2d 695 (Tenn. Ct. App. 1990). “The third and fourth issues are whether the trial court erred in holding that acceptance of an offer of dedication can be by implication and whether the trial court erred in holding that the roads had become public roads without the express acceptance of the roads by the county…”
Foley v. Hamilton, 659 S.W.2d 356 (Tenn. 1983). “T.C.A. § 13-3-405 sets out an important exception in that plat approval is not acceptance of the roads contained therein.”
State EX REL. Appaloosa Bay, LLC v. Johnson Cnty., Tennessee (Tenn. Ct. App. 2017). “” Tenn. Code Ann. § 13-3-405 provides that “[t]he approval of a plat by the regional planning commission shall not be deemed to constitute or effect an acceptance by any county or by the public of the dedication of any road or other ground shown upon the plat.”
Gibbs Bros. Constr., Inc. v. Brook Hollow Green, LLC, Nat'l Grange Mut. Ins. Co., Cont'l Dev. & Constr., Inc., Nicholas S. Psillas, & Marshall Collier, Indivdually & d/b/a P&C Contractors (Tenn. Ct. App. 2005). “Brook Hollow asserts that the roads in the subdivision were not private roadways because the City of Fairview gave plat approval to Brook Hollow before the roads were built, making them public roads. Tennessee statutes, however, are contrary to Brook Hollow’s position.”
Earl M. Shahan v. Franklin Cnty. (Tenn. Ct. App. 2003). “” Tenn. Code Ann. § 13-3-405 (1999). The Tennessee Supreme Court has explained that “the exception carved out of the act providing that plat approval is not acc eptan ce of ro ads the rein clearly shows the legislative intent of requiring specific and separate acceptance of…”
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