This section defines terms used in the part, including betterment, commissioner, cost of relocation, department, public highway, relocation, salvage value, and utility.
As used in this part, unless the context otherwise requires: “Betterment” means any upgrading of the facility being relocated that is not attributable to the highway construction and is made solely for the benefit of, and at the election of, the utility; “Commissioner” means the commissioner of transportation; “Cost of relocation” means the entire amount paid by or on behalf of the utility properly attributable to the relocation after deducting from that amount any betterment of the new facility and any salvage value derived from the old facility. The cost of relocation may include, but is not limited to, engineering, removal, and installation costs, but shall not include inspection costs or the cost of any betterment to the utility's facilities; “Department” means the department of transportation; “Public highway” means any highway included on the state highway system or interstate system and any highway, road or street that is owned, maintained, or owned and maintained by a county or municipality, including the right-of-way for the highway, road or street; “Relocation” means the adjustment of a utility facility as the commissioner determines is necessary or appropriate in connection with the construction or reconstruction of a public highway. Relocation includes: Removing and reinstalling the utility facility, including necessary temporary facilities; Moving, rearranging or changing the type of existing facilities; Taking any necessary safety and protective measures; and The construction of a replacement facility that is both functionally equivalent to, but not a betterment of, the existing facility and necessary for continuous operation of the utility service, the project economy or sequence of highway construction; “Salvage value” means the amount received from the sale of utility property that has been removed or, if retained for reuse, the amount at which the recovered material is charged to the utility's accounts; and “Utility” means a privately, publicly or cooperatively owned line, facility or system used, available for use or formerly used to transmit or distribute communications, electricity, gas, liquids, steam, sewerage, or other materials to the public. Impl. am. Acts 1959, ch. 9, § 3; Acts 1963, ch. 368, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-563; Acts 1981, ch. 264, § 12; 2003, ch. 86, § 1.