Any person or corporation organized for the purpose of transmitting intelligence by magnetic telegraph or telephone, or other system of transmitting intelligence the equivalent thereof, which may be invented or discovered, may construct, operate, and maintain such telegraph, telephone, or other lines necessary for the speedy transmission of intelligence, along and over the public highways and streets of cities and towns, or across and under the waters, and over any lands or public works belonging to this state, and on and over the lands of private individuals, and upon, along, and parallel to any of the railroads, and on and over the bridges, trestles, or structures of such railroads.
Acts 1885, ch. 66, § 1; Shan., § 1830; mod. Code 1932, § 3094; T.C.A. (orig. ed.), § 65-2105.
Notes of Decisions
Bellsouth Telecomm., Inc. v. City of Memphis, Tennessee, 160 S.W.3d 901 (Tenn. Ct. App. 2004).
· cites it 8× “In the case of BELL-SOUTH, it received its statewide franchise in 1885 pursuant to Acts of 1885, Chapter 66 (now codified at T.C.A. § 65-21-201, et seq. and § 65-21-107 as amended).”
Buhl v. U.S. Sprint Commc'ns Co., 840 S.W.2d 904 (Tenn. 1992).
· cites it 2× “The cases heretofore discussed recognize that T.C.A. § 65-21-201 et seq. (Public Acts of 1885, Chapter 66) authorize telegraph *912 and telephone companies to install their lines upon property encumbered by railroad rights of way.”
Am. Tel. & Tel. Co. v. Proffitt, 903 S.W.2d 309 (Tenn. Ct. App. 1995).
· cites it 4× “Defendants next argue the language of T.C.A. § 65-21-201 2 provides for construction and maintenance of communications lines “on and over the lands of private individuals” but not under private lands.”
Metro. Gov't v. Bellsouth Telecomm., Inc., 502 F. Supp. 2d 747 (M.D. Tenn. 2007).
· cites it 9× “66, § 1 (current version at Tenn.Code Ann. §§ 65-21-201 & -202 3 ). In 1945, the General Assembly of Tennessee enacted legislation that empowers municipal housing authorities to carry out “redevelopment projects.”
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