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Highways and Roads - Historical Notes

The following is a listing of acts which once had some effect upon the county road system in Van Buren County, but which are no longer operative. Also referenced below are acts which repeal prior law without providing new substantive provisions.

  1. Acts of 1847-48, Chapter 107, authorized Isaac Whittenberg of Bledsoe County and Daniel Walling of Van Buren County to incorporate and to open and cut out a turnpike road beginning on the southeast side of Cane Creek at or near Burden Wheeler's in Van Buren County and crossing Cumberland Mountain by the nearest and most practical route to intersect Thomas Gardner's turnpike on top of the Mountain in Bledsoe County. A schedule of tolls to be charged and penalties for not maintaining the road in a suitable manner were incorporated into the Bill.
  2. Acts of 1847-48, Chapter 218, authorized Samuel Parker, Forister Fifer, Joseph G. Mitchell, James W. Copeland, and Daniel M. Doyel, all of White County, and Fines Plumley, Joseph Cummings, William L. Mitchell, Gabriel P. Cummings, William Dotson, and W. B. Huddleston, all of Van Buren County, to incorporate to build a bridge over the Caney Fork River at a point to be selected by a majority of the above directors of the Corporation.
  3. Acts of 1901, Chapter 136, was a statewide road law which applied to all counties under 70,000 population. One road commissioner would be selected by the County Court from each road district which was to be coextensive with the civil district. He would be experienced in road building and be in charge of the road program in his district. County Courts would set the number of days of compulsory road work and be responsible for supplying the hands necessary to keep them up. The court would also levy a road tax of two cents per $100 of taxable property outside of cities but a person could work out 2/3 of the tax if he wanted. The duties of the Commissioners, the records to be kept, the manner in which one could commute by paying seventy-five cents were all written into the act and the authority to let contracts to build roads with the approval of the County Court was granted. This act was the subject of litigation in the case of Carroll v. Griffith, 117 Tenn. 500, 97 S.W. 66 (1906).
  4. Acts of 1905, Chapter 478, amended the Act of 1901, Item 3, above, the general road law of the State, by some minor adjustments in administrative details and principally by inserting a method by which roads could be opened, closed, or changed by written petition to the Road Commissioner of the district, and by prescribing the steps the Commissioner would take in bringing the matter to a conclusion.
  5. Private Acts of 1917, Chapter 728, was an act to protect roads in Van Buren County by making it unlawful to place obstructions on, or cause them to be placed on any road so as to cause damage to it, or to obstruct a drainage ditch so as to interfere with the free passage of water, or to snake logs over roads in a way that would damage them. These actions were subject to fines from $10 to $50 and, if the road commissioners did not act promptly to correct such conditions, the commissioners were subject to the same fines.
  6. Private Acts of 1921, Chapter 266, created a Board of County Highway Commissioners for Van Buren County consisting of six citizens between 30 and 60 years of age to serve three year terms, or until their successors were elected and qualified. The County Court could reduce the number to three, if it desired. They would be paid $3.00 per day for one day each month. This commission could formulate rules and regulations for the road department and for the protection of the county roads; was given the power to contract with the State and Federal governments concerning roads; could elect one or more Supervisors of Roads, at such salary as they might fix, who would be in charge of the road program in the county. The Board would be responsible to acquire and supervise the use of the materials, tools, and equipment used for roads.
  7. Private Acts of 1941, Chapter 31, appears as the next road law for Van Buren County although it has only a general repealing clause. The county would elect a Road Supervisor for two years provided that no member of the Quarterly Court was eligible to hold the office and S. T. Haston was named to the post until August, 1942, when one would be elected. Preparations for his removal, for filling vacancies, and for his bond are made in the act. The Supervisor must be qualified, will be paid $100.00 per month and given a car, or pickup truck, for traveling the roads. The Road Supervisor would appoint Road Overseers for each civil district at a salary of $2.50 daily for each day worked and who would file the records required of him with the Supervisor. All males between 21 and 45 years of age must work the requisite number of days on the road or pay $1.00 per day for commutation fees. The Road Supervisor would lay out and classify the roads, hire and fire employees of the road department, including a bookkeeper, who would help with the record keeping.
  8. Private Acts of 1945, Chapter 258, was the next road law enacted for Van Buren County which duplicated almost all of the preceding 1941 Act above, and which it did not specifically repeal. This act named Joe J. Simmons as the Road Supervisor until August, 1946, when one would be elected for two years. The salary of the Supervisor was set at $135 per month but the remainder of the provisions were substantially the same as mentioned in the description of the 1941 act, above, and as set out in the current road law.
  9. Private Acts of 1949, Chapter 636, was the Road Law for the next two years until repealed by the current road law which is published herein with its amendments. This act returned to the County Highway Commission those powers, duties, and responsibilities which were enumerated therein and placed the commission in charge of the roads of the county. This act also named Joe J. Simmons as the Road Superintendent until the next election in August, 1950. The commission was made up of five members elected from their respective civil districts who would employ a road superintendent at a salary of not less than $150 nor more than $250 monthly. Provisions were made for the keeping of records, for purchasing materials and equipment, for the removal of incompetents, for the filling of vacancies which might occur, and no mention was made of compulsory road work, which was eliminated all over the state. Nepotism in the road department was forbidden under penalty for its violation.
  10. Private Acts of 1973, Chapter 16, would have amended the Road Law by raising the salary of the Road Supervisor from $450 a month to $6,200 annually, by giving the road supervisor the responsibility and duty for the collection of all refuse along all county roads, which he would deliver to the county landfill; and placing him in charge of the operation of the county landfill. The salary of the bookkeeper for the road department was increased from $350 to $400 per month and Private Acts of 1971, Chapter 66, was repealed, but this bill was not acted upon by local authorities and therefore did not become effective as a law.
  11. Private Acts of 1977, Chapter 10, amended Private Acts of 1951, Chapter 460, the Road Law of Van Buren County, in Section 4 so as to provide that no public road funds would be spent on private roads unless they were first laid off, designated, and classified as public roads. A provision was added to the section which authorized the Road Supervisor to designate private roads, or driveways, leading to public roads which could be worked, or improved, by county personnel and materials. The supervisor could also direct county personnel and materials. The supervisor could also direct county personnel in the excavation of graves for the poor and indigent of Van Buren County. This act was rejected by the Quarterly County Court, and therefore, has not become an effective law.
  12. Private Acts of 1978, Chapter 281, created a County Road Advisory Commission of five members for Van Buren County, one from each Magisterial District. The Commission would meet at least quarterly to advise and make recommendations to the County Road Supervisor on road conditions and maintenance, and on the construction of new roads. Their Compensation would be fixed by the Quarterly Court and could not be changed during the term. If the act was ratified properly, the Commissioners were to be elected at the November general election. This act was not acted upon by the local authorities, and therefore, never became law.
  13. Private Acts of 1979, Chapter 18, which was approved by the Van Buren County Legislative Body on April 10, 1979, expressly and entirely repealed Private Acts of 1978, Chapter 281, Item 12 above.