Tennessee Code Annotated
Tenn. Code Ann. § 54-5-136 (2026)
Personal property encroachments on rights-of-way
✓ current as of May 2026
- (a)
- (1)
- (A) The department is authorized to remove, store, sell and dispose of personal property encroachments on the rights-of-way of highways under its jurisdiction at the expense of the owner.
- (B) If the encroachment presents an immediate danger to the traveling public, the department may remove the encroachment without prior notice to the owner. If the owner's name and address can be ascertained by reasonable inquiry after removal, the department shall give the owner notice, by certified mail, within ten (10) calendar days of removal.
- (C) If the encroachment does not present an immediate danger to the traveling public and the owner's name and address can be ascertained by reasonable inquiry, the department shall give the owner ten (10) calendar days' notice, by certified mail, of its intent to remove the encroachment at the owner's expense. The ten-day period shall run from the fourth day after the mailing of the notice. Upon expiration of that period, the department may remove the encroachment.
- (2) The owner of personal property encroaching on the right-of-way of a highway under the jurisdiction of the department shall be liable for any damages caused to the department or to third parties by the encroaching property.
- (3) The department does not have a duty to find or remove personal property encroachments on the rights-of-way under its jurisdiction. If the department receives actual notice that an encroachment presents a hazard to those traveling on the adjacent roadway, the department shall, if the owner's name and address can be ascertained by reasonable inquiry, notify the owner of the property and instruct the property owner to remove the encroachment immediately. The notice shall be sent by certified mail, return receipt requested. After notice, or if unable to locate the owner's name and address after reasonable inquiry, the department may remove the encroachment pursuant to subdivision (a)(1).
- (1)
- (b)
- (1) If removed property is declared by the department to have value to the public and is capable of transport by ordinary means, it shall be stored on department property for thirty (30) days, during which time the owner may claim the property after paying related expenses incurred by the department.
- (2) If the property is not so claimed, then it shall be offered for sale to the public after notice posted in the county courthouse of the county in which the property was located prior to removal.
- (3) The owner shall be entitled to the proceeds of any sale, less costs, if claimed within one (1) year following the sale; otherwise, the proceeds shall vest in the department and become part of the highway fund to defray expenses in carrying out this section.
- (c) If removed property is declared to have no value to the public or not purchased at public sale, or the property is incapable of removal by ordinary means, it shall vest in the department to be disposed of as it determines.
Acts 1984, ch. 791, § 1; 2002, ch. 811, § 1.
Notes of Decisions
Cited in 3
cases, 2007–2008 · leading case: Williams v. Nicely, 230 S.W.3d 385 (Tenn. Ct. App. 2007).
Williams v. Nicely, 230 S.W.3d 385 (Tenn. Ct. App. 2007). “(B) If the encroachment does not present an immediate danger to the traveling public and the owner’s name and address can be ascertained by reasonable inquiry, the department shall give the owner ten (10) calendar days notice, by certified mail, of its intent to remove the…”
Anna Lou Williams, Plantation Gardens, D/B/A Tobacco Plantation & Beer Barn D/B/A Jim's Flea Mkt. v. Gerald F. Nicely (Tenn. Ct. App. 2007). “T.C.A. § 54-5-136 (2004). -2- State asserted that the easement for “highway purposes” granted by Williams’ predecessor in title constituted part of the State’s right-of-way for Highway 51.”
Tennessee Realty Dev.., Inc. v. State of Tennessee (Dept. of Transp.) & Am. Tel. & Tel. (AT&T) (Tenn. Ct. App. 2008). “Hobbs that Tennessee Realty’s fence was located within the State’s right of way and must be removed within ten days or the State would remove the fence, pursuant to Tennessee Code Annotated section 54-5-136. This letter cited a specific map and parcel number as well as highway…”
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