Contracts for home stabilization following damage from vertical settlement
The Attorney General reviews whether these proposed contracts constitute contracts of insurance under Tennessee law. Using a hypothetical fact pattern and contract proposal, the Attorney General analyzes the service-indemnity test and contingency issues and determines that yes, certain contracts for home stabilization are indeed contracts of insurance under Tennessee law.
Opinion may be found at:
http://www.tba2.org/tba_files/AG/2010/ag_10_85
Showing posts with label AG Opinion. Show all posts
Showing posts with label AG Opinion. Show all posts
March 09, 2010
Attorney General Reviews Fees and Regulations for Construction of Schools in Special School Districts
Fees and regulations for construction of schools in special school districts (TN Attorney General Opinion 10-27, March 9, 2010)
The attorney general reviews two questions:
1. Can a city require a special school district to pay building permit and plan review fees for construction and/or renovation of a school located within the city limits?
2. Does a special school district have to conform to planning and zoning regulations of the city for school district-owned property located within the city limits?
He concludes that the answers to both questions depend on the provisions of the private act creating the special school district and the local planning and zoning regulations, because special school districts are created by the Tennessee General Assembly.
Opinion may be found at:
http://www.tba2.org/tba_files/AG/2010/ag_10_27.pdf
The attorney general reviews two questions:
1. Can a city require a special school district to pay building permit and plan review fees for construction and/or renovation of a school located within the city limits?
2. Does a special school district have to conform to planning and zoning regulations of the city for school district-owned property located within the city limits?
He concludes that the answers to both questions depend on the provisions of the private act creating the special school district and the local planning and zoning regulations, because special school districts are created by the Tennessee General Assembly.
Opinion may be found at:
http://www.tba2.org/tba_files/AG/2010/ag_10_27.pdf
January 28, 2010
Can a municipality charge a fee for a building permit on agricultural land
Ability of Municipalities to Charge a Fee for Building Permits for Agricultural (AG January 28, 2010)
Tenn. Code Ann. 6-54-126 does not prohibit a municipality from charging a fee for building permits on agricultural land. It is only concerned with a municipality's power to regulate use of the land and not with it's ability to require a building permit.
The full text of this opinion may be found on the TBA website at:
http://www.tba2.org/tba_files/AG/2010/ag_10_12.pdf
Tenn. Code Ann. 6-54-126 does not prohibit a municipality from charging a fee for building permits on agricultural land. It is only concerned with a municipality's power to regulate use of the land and not with it's ability to require a building permit.
The full text of this opinion may be found on the TBA website at:
http://www.tba2.org/tba_files/AG/2010/ag_10_12.pdf
December 09, 2009
Are the recent changes to Tennessee law requiring a sole proprietor to carry workers’ compensation insurance on himself constitutional?
Constitutionality of Mandatory Workers' Compensation Insurance Coverage (TN Attorney General Opinion 09-184, December 9, 2009)
The Attorney General states that yes, the recent addition to the T.C.A. requiring a sole proprietor to carry workers' compensation insurance on himself is constitutional. He cites the legislative history of the statute, which shows that the statute was amended due to a need to ensure that all subcontractors and employees working on a construction site are covered by workers' compensation insurance because some employers were claiming that their employees or subcontractors were sole proprietors in order to avoid paying for coverage. Since the TN Workers' Compensation Act is meant to relieve society the burden of providing compensation to injured workers, the Attorney General believes that the requirement that a sole proprietor have insurance coverage is related to the purpose of the TWCA and, thus, is constitutional.
Opinion may be found at:
http://www.tba2.org/tba_files/AG/2009/ag_09_184.pdf
The Attorney General states that yes, the recent addition to the T.C.A. requiring a sole proprietor to carry workers' compensation insurance on himself is constitutional. He cites the legislative history of the statute, which shows that the statute was amended due to a need to ensure that all subcontractors and employees working on a construction site are covered by workers' compensation insurance because some employers were claiming that their employees or subcontractors were sole proprietors in order to avoid paying for coverage. Since the TN Workers' Compensation Act is meant to relieve society the burden of providing compensation to injured workers, the Attorney General believes that the requirement that a sole proprietor have insurance coverage is related to the purpose of the TWCA and, thus, is constitutional.
Opinion may be found at:
http://www.tba2.org/tba_files/AG/2009/ag_09_184.pdf
July 29, 2009
Attorney General Reviews Legality of a Guest Worker's Program
Legality of a Guest Workers Program
TN Attorney General Opinion Number: 09-134 (July 29, 2009)
Opinion may be found at the TBA website:
http://www.tba2.org/tba_files/AG/2009/ag_09_134.pdf
TN Attorney General Opinion Number: 09-134 (July 29, 2009)
Opinion may be found at the TBA website:
http://www.tba2.org/tba_files/AG/2009/ag_09_134.pdf
June 11, 2009
Procedure for Local Approval of Landfills
Procedure for Local Approval of Landfills Under Tenn. Code Ann. section 68-211-703
TN Attorney General Opinion (June 11, 2009)
Opinion may be found at the TBA website:
http://www.tba2.org/tba_files/AG/2009/ag_09_115.pdf
September 08, 2008
Counties are not required to obtain utility easements to undertake repair of existing sewer lines
Authority of Governmental Entity to Replace/Repair Sewer Lines on Private Property (TN Attorney General Opinion No. 08-143, September 8, 2008).
"The provisions of Tenn. Code Ann. § 7-35-401(c)(1)(D), therefore, effectively eliminate the need for a utility easement when the objective is to reduce sanitary sewer overflows, as long as the private property owner provides consent and agrees to hold the municipality harmless for the work. Once the rehabilitative construction is completed, each affected private property owner would be responsible in the future for maintaining that portion of the sanitary sewer connection that is located on the property of the owner. Tenn. Code Ann. § 7-35-201(2) and § 68-221-209(a)(2)." Id.
Opinion may be found at the TBA website:
http://www.tba2.org/tba_files/AG/2008/ag_08_143.pdf
"The provisions of Tenn. Code Ann. § 7-35-401(c)(1)(D), therefore, effectively eliminate the need for a utility easement when the objective is to reduce sanitary sewer overflows, as long as the private property owner provides consent and agrees to hold the municipality harmless for the work. Once the rehabilitative construction is completed, each affected private property owner would be responsible in the future for maintaining that portion of the sanitary sewer connection that is located on the property of the owner. Tenn. Code Ann. § 7-35-201(2) and § 68-221-209(a)(2)." Id.
Opinion may be found at the TBA website:
http://www.tba2.org/tba_files/AG/2008/ag_08_143.pdf
August 18, 2008
Municipal planning commission may approve/disprove a plan with a majority vote, if a quorum is present
Vote of Municipal Planning Commission to Approve or Disapprove a Plat
TN Attorney General Opinions
Date: 2008-08-18
Opinion Number: 08-135
"Under Tenn. Code Ann. § 13-4-202, the planning commission may adopt a municipal master plan by a resolution carried by the “affirmative votes of not less than a majority of all the members of the commission.” (Emphasis added). Under Tenn. Code Ann. § 13-4-302, once the planning commission adopts a master plan, a plat of a subdivision of land within the city must be approved by the planning commission before it may be filed or recorded. Where the plat divides a tract into no more than two lots, the approval may be endorsed in writing on the plat by the secretary of the commission or another designee of the commission without the approval of the commission, provided certain conditions are met." Id.
"Tenn. Code Ann. § 13-4-304(a)--(c) ... does not specify the number of board members who must vote to approve or disapprove a plat. A quorum generally consists of a simple majority of a collective body. In the absence of a statutory provision to the contrary, the common law provides that a majority of such a quorum is empowered to act for the body." Id. (citation omitted).
Opinion may be found at:
http://www.tba2.org/tba_files/AG/2008/ag_08_135.pdf
TN Attorney General Opinions
Date: 2008-08-18
Opinion Number: 08-135
"Under Tenn. Code Ann. § 13-4-202, the planning commission may adopt a municipal master plan by a resolution carried by the “affirmative votes of not less than a majority of all the members of the commission.” (Emphasis added). Under Tenn. Code Ann. § 13-4-302, once the planning commission adopts a master plan, a plat of a subdivision of land within the city must be approved by the planning commission before it may be filed or recorded. Where the plat divides a tract into no more than two lots, the approval may be endorsed in writing on the plat by the secretary of the commission or another designee of the commission without the approval of the commission, provided certain conditions are met." Id.
"Tenn. Code Ann. § 13-4-304(a)--(c) ... does not specify the number of board members who must vote to approve or disapprove a plat. A quorum generally consists of a simple majority of a collective body. In the absence of a statutory provision to the contrary, the common law provides that a majority of such a quorum is empowered to act for the body." Id. (citation omitted).
Opinion may be found at:
http://www.tba2.org/tba_files/AG/2008/ag_08_135.pdf
March 09, 2008
TCA 13-4-104 requires metropolitan area utility company to submit plans for construction within corporate city limits
Utility Construction within Corporate Limits of Another City - TN Attorney General Opinion 08-44 (March 4, 2008).
Attorney General Opinions found at the TBA website: http://www.tba2.org/tba_files/AG/2008/ag_08-44.pdf
Attorney General Opinions found at the TBA website: http://www.tba2.org/tba_files/AG/2008/ag_08-44.pdf
February 28, 2008
Certain water/wastewater authorities have a statutory obligation to maintain sewer lines beyond customer property lines
Effect of Statute Requiring Maintenance of Sanitary Sewer Connections - Tenn. Attorney General Opinion No. 08-35 (February 26, 2008).
"The obligation for maintaining sewer lines beyond the property line of a customer, then, applies to any water and wastewater treatment authority created in accordance with Tenn. Code Ann. §§ 68-221-601 to 68-221-618 that also meets the criteria in Tenn. Code Ann. § 68-221-209(b)(1)(A) and (B) above. The provisions for maintaining sewer line connections in Tenn. Code Ann. § 68-221-209(b)(1) were added to the statute in 1999. According to [TDEC], which regulates these entities, this legislation applies to a number of existing water and wastewater treatment authorities in Tennessee, and not just the Hamilton County Water and Wastewater Treatment Authority. It is the opinion of this Office, therefore, that the provisions in Tenn. Code Ann. § 68-221-209(b)(1), requiring maintenance of sanitary sewer connections, constitute a general law of statewide application and a uniform policy on the maintenance of public sewage treatment works." Id.
Opinion available at the Tennessee Bar Association website: http://www.tba2.org/tba_files/AG/2008/ag_08_35.pdf
"The obligation for maintaining sewer lines beyond the property line of a customer, then, applies to any water and wastewater treatment authority created in accordance with Tenn. Code Ann. §§ 68-221-601 to 68-221-618 that also meets the criteria in Tenn. Code Ann. § 68-221-209(b)(1)(A) and (B) above. The provisions for maintaining sewer line connections in Tenn. Code Ann. § 68-221-209(b)(1) were added to the statute in 1999. According to [TDEC], which regulates these entities, this legislation applies to a number of existing water and wastewater treatment authorities in Tennessee, and not just the Hamilton County Water and Wastewater Treatment Authority. It is the opinion of this Office, therefore, that the provisions in Tenn. Code Ann. § 68-221-209(b)(1), requiring maintenance of sanitary sewer connections, constitute a general law of statewide application and a uniform policy on the maintenance of public sewage treatment works." Id.
Opinion available at the Tennessee Bar Association website: http://www.tba2.org/tba_files/AG/2008/ag_08_35.pdf
February 02, 2008
Tennessee statute mandates that local governments contracting with "pure" construction managers must use competitive bidding and licensed contractors
Local Government Contracts With "Pure" Construction Managers
TN Attorney General Opinions
Date: 2008-02-01
Opinion Number: 08-16
Opinion available at:
http://www.tba2.org/tba_files/AG/2008/ag_08_16.pdf
"Tenn. Code Ann. § 12-4-106(a)(1) does not prohibit local government contracts for 'pure' construction managers from being awarded based on competitive bids. ... Pursuant to Tenn. Code Ann. § 62-6-103(a)(1), any corporation engaged in contracting in Tennessee must be licensed as provided in the Contractors Licensing Act of 1994, Tenn. Code Ann. § 62-6-101, et seq. ... Tenn. Code Ann. § 5-7-107 does not authorize counties to contract with 'pure' construction managers without competitive bidding. Rather, that statute permits local governments to contract with construction managers to superintend construction projects." Id.
TN Attorney General Opinions
Date: 2008-02-01
Opinion Number: 08-16
Opinion available at:
http://www.tba2.org/tba_files/AG/2008/ag_08_16.pdf
"Tenn. Code Ann. § 12-4-106(a)(1) does not prohibit local government contracts for 'pure' construction managers from being awarded based on competitive bids. ... Pursuant to Tenn. Code Ann. § 62-6-103(a)(1), any corporation engaged in contracting in Tennessee must be licensed as provided in the Contractors Licensing Act of 1994, Tenn. Code Ann. § 62-6-101, et seq. ... Tenn. Code Ann. § 5-7-107 does not authorize counties to contract with 'pure' construction managers without competitive bidding. Rather, that statute permits local governments to contract with construction managers to superintend construction projects." Id.
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