54-5-207 - Authority of commissioner upon failure of municipality to enter into or abide by agreement concerning acquisition and use of lands for streets.

54-5-207. Authority of commissioner upon failure of municipality to enter into or abide by agreement concerning acquisition and use of lands for streets.

In the event any municipality fails or refuses to enter into an agreement within thirty (30) days after the agreement has been submitted by the commissioner to the governing body of the municipal corporation, or fails or refuses to abide by or perform an agreement concerning the acquisition and use of lands for streets needed for the interstate and national defense highway system, and the commissioner decides that the highway and street program is being retarded, impaired, obstructed, or impeded in any manner, the commissioner is authorized and empowered to:

     (1)  Lay out, locate and construct streets, controlled streets and access or connecting streets within the municipality to become a part of the interstate and national defense system of highways by designation of the commissioner;

     (2)  Designate lands already dedicated to the use of the traveling public as a part of the interstate and national defense highway system; and

     (3)  (A)  Acquire interests in lands occupied by publicly and privately owned utilities;

          (B)  Require the adjustment or relocation of the utility facilities;

          (C)  Enter into contracts relating to the utilities; and

          (D)  Maintain actions or suits in the courts when necessary so as to lay out, locate or construct streets designated as portions of the interstate and national defense system of highways.

[Impl. am. Acts 1959, ch. 9, § 3; Acts 1961, ch. 230, § 1; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-553; Acts 1981, ch. 264, § 12.]