Title 50, Chapter 16, Section 34
( 50-16-34)
The commission, in addition to other powers and duties set forth in
other Code sections of this article, shall have the power and duty
to: (1) Inspect, control, manage, oversee, and preserve the property; (2) Maintain at all times a current inventory of the property; (3) Authorize the payment of any tax or assessment legally levied
by the State of Tennessee or any governmental subdivision thereof
upon any part of the property situated within the State of
Tennessee; (4) Prepare lease or sale proposals affecting the property for
submission to the General Assembly; (5) Subject to the limitation contained in this article, determine
all of the terms and conditions of each instrument prepared or
executed by it; (6) Have prepared, in advance of advertising for bids as provided for in Code Section 50-16-39, a thorough report of such data as will enable the commission to arrive at a fair valuation of the property involved in such advertisement; and to include within the report at least two written appraisals of the value of the property, which appraisals shall be made by a person or persons familiar with property values in the area where the property is situated; provided, however, that one of the appraisals shall be made by a member of a nationally recognized appraisal organization; and provided, further, that in the case of the Western and Atlantic Railroad, the appraisal, other than the one required to be made by a member of a nationally recognized appraisal organization, may be the latest valuation report of the Western and Atlantic Railroad prepared by the Interstate Commerce Commission; (7) Contract with any person for the preparation of studies or
reports as to: (A) The value of such property including, but not limited to,
sale value, lease value, and insurance value; (B) The proper utilization to be made of such property; and (C) Any other data necessary or desirable to assist the
commission in the execution and performance of its duties; (8) Insure the improvements on all or any part of the property
against loss or damage by fire, lightning, tornado, or other
insurable casualty; and insure the contents of the improvements
against any such loss or damage; (9) Inspect as necessary any of the property which may be under a
lease, rental agreement, or revocable license agreement in order
to determine whether the property is being kept, preserved, cared
for, repaired, maintained, used, and operated in accordance with
the terms and conditions of the lease, rental agreement, or
revocable license agreement and to take such action necessary to
correct any violation of the terms and conditions of the lease,
rental agreement, or revocable license agreement; (10) Deal with and dispose of any unauthorized encroachment upon,
or use or occupancy of, any part of the property, whether the
encroachment, use, or occupancy is permissive or adverse, or
whether with or without claim of right therefor; to determine
whether the encroachment, use, or occupancy shall be removed or
discontinued or whether it shall be permitted to continue and, if
so, to what extent and upon what terms and conditions; to adjust,
settle, and finally dispose of any controversy that may exist or
arise with respect to any such encroachment, use, or occupancy in
such manner and upon such terms and conditions as the commission
may deem to be in the best interest of the state; to take such
action as the commission may deem proper and expedient to cause
the removal or discontinuance of any such encroachment, use, or
occupancy; and to institute and prosecute for and on behalf of and
in the name of the state such actions and other legal proceedings
as the commission may deem appropriate for the protection of the
state's interest in or the assertion of the state's title to such
property; (11) Settle, adjust, and finally dispose of any claim, dispute, or
controversy of any kind whatsoever arising out of the terms and
conditions, operation, or expiration of any lease of the property
or grant of rights in the property; (12) Negotiate and prepare for submission to the General Assembly amendments to any existing lease, which amendments shall not, for the purposes of paragraph (4) of this Code section and Code Section 50-16-39, be interpreted as lease proposals or proposals to lease, provided: (A) That the lessee of the lease as it is to be amended shall be
either the lessee, a successor, an assignee, or a sublessee as
to all or a portion of the property described in the lease as
first executed or as heretofore amended; and (B) That unless otherwise provided in the lease as first
executed or as heretofore amended: (i) The commission shall prepare each amendment in at least
four counterparts all of which shall immediately be signed by
the lessee, whose signature shall be witnessed in the manner
required by the applicable law for public recording of
conveyances of real estate. The signing shall constitute an
offer by the lessee and shall not be subject to revocation by
the lessee unless it is rejected by the General Assembly or
the Governor as provided in this Code section. A resolution
containing an exact copy of the amendment, or to which an
exact copy of the amendment is attached, shall be introduced
in the General Assembly in either the House of
Representatives, the Senate, or both, if then in regular
session, or, if not in regular session at such time, at the
next regular session of the General Assembly. The resolution,
in order to become effective, shall receive the same number of
readings and, in both the House of Representatives and the
Senate, go through the same processes and procedures as a
bill;
(ii) If either the House of Representatives or the Senate
fails to adopt (pass) the resolution during the regular
session by a constitutional majority vote in each house, the
offer shall be considered rejected by the General Assembly; (iii) If the resolution is adopted (passed) during the regular
session by a constitutional majority vote of both the House of
Representatives and the Senate but is not approved by the
Governor, the offer shall be considered rejected by the
Governor; (iv) If the resolution is adopted (passed) during the regular
session by a constitutional majority vote of both the House of
Representatives and the Senate and is approved by the
Governor, whenever in the judgment of the chairman of the
commission all of the precedent terms and conditions of the
amendment and the resolution, if there are any, have been
fulfilled or complied with, the chairman of the commission, in
his capacity as Governor of the state, shall execute and
deliver to the lessee the amendment for and on behalf of and
in the name of the state. The Governor's signature shall be
attested by the secretary of the commission in his capacity as
Secretary of State. The Secretary of State shall also affix
the great seal of the state to the amendment; and (v) On or before December 31 in each year the executive
director of the State Properties Commission shall submit a
report describing all amendments negotiated during that year
or under negotiation at the date of the report to the chairmen
of the Finance and Public Utilities Committee of the Senate
and the State Institutions and Property Committee of the
House; (13) Exercise such other powers and perform such other duties as
may be necessary or desirable to inspect, control, manage,
oversee, and preserve the property; (14) Do all things and perform all acts necessary or convenient to
carry out the powers and fulfill the duties given to the
commission in this article; (15) Perform all terms including, but not limited to, termination,
satisfy all conditions, fulfill all requirements, and discharge
all obligations and duties contained in all leases or contracts of
sale of the property which provide that the commission is
empowered to act or shall act for and on behalf of the state
(lessor or seller) and which leases or contracts of sale have
heretofore been approved and adopted (passed) or authorized by a
resolution of the General Assembly or which leases or contracts of
sale may be approved and adopted (passed) or authorized by a
resolution of the General Assembly with the latter resolution
being approved by the Governor; (16) Perform all terms, satisfy all conditions, fulfill all
requirements, discharge all obligations, and otherwise implement
the disposition of real property for and on behalf of the state
when the General Assembly so provides in any enactment, including
Acts or resolutions, authorizing or directing a disposition of
real property of the state or of any instrumentality of the state;
and
(17) Provide or perform acquisition related services to or for
state agencies, state authorities, and other instrumentalities of
the state. |