Can a Tennessee DA file a civil lawsuit to stop a junkyard or dumping along a scenic highway?

Subject

Opinion No. 18-45, Authority of District Attorneys General to Bring a Civil Action Under the Scenic Highway System Act of 1971, October 24, 2018

Plain-English summary

The Tennessee Scenic Highway System Act of 1971 protects designated scenic highways from junkyards, dumping, and similar activities. Senator Mark Pody asked whether the district attorney for the judicial district has authority to file a civil suit (rather than only a criminal misdemeanor prosecution) when someone violates the Act.

The AG's answer was yes, and the basis is express statutory text. Tenn. Code Ann. § 54-17-112(b) authorizes specified state and local officials, including "the district attorney general for the judicial district in which the violation occurs or is threatened," to bring "injunction, mandamus, abatement or other appropriate action, actions or proceedings to prevent, enjoin or abate or remove the violation." That authority is "in addition to other remedies provided by law," meaning it sits alongside the criminal Class C misdemeanor sanction in § 54-17-112(a) and any other remedies a property owner or another official might have.

The opinion also placed the Scenic Highway authority within a broader pattern. While Tenn. Const. art. VI, § 5 makes Tennessee district attorneys primarily criminal prosecutors, the General Assembly has carved out specific civil authorities by statute over the years: zoning enforcement (§ 3-7-111), public nuisance abatement (§ 29-3-102), True Origin of Goods Act enforcement (§ 47-18-405), Anti-Phishing Act enforcement (§ 47-18-5204(b)), and drug-real-estate forfeitures (§ 53-11-452), among others. The Scenic Highway Act fits this pattern: a narrow statutory grant of civil authority for a specific subject area.

The practical effect is that DAs in scenic highway districts can pursue dual-track enforcement. A landowner who turns property along a scenic highway into an unlawful junkyard might face misdemeanor charges and a civil injunction to remove the materials, both initiated by the same DA's office.

Currency note

This opinion was issued in 2018. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

The Scenic Highway System Act of 1971, codified at Tenn. Code Ann. §§ 54-17-101 through -116, regulates activities along designated scenic highways. The legislative purpose, stated in § 54-17-104, is to foster tourism and economic development by preserving the natural beauty along these corridors and providing a safe and attractive environment for travelers. The Act prohibits or regulates specific activities like maintaining junkyards (§ 54-17-108) and dumping trash (§ 54-17-111).

The enforcement framework is two-track:

• § 54-17-112(a): violation of any provision is a Class C misdemeanor, with criminal sanctions for the person, firm, or corporation responsible.
• § 54-17-112(b): "in addition to other remedies provided by law," specified state and local officials and private property owners may bring civil actions when there is a violation or threatened violation. The specific list includes "the district attorney general for the judicial district in which the violation occurs or is threatened," who "may institute injunction, mandamus, abatement or other appropriate action, actions or proceedings to prevent, enjoin or abate or remove the violation."

The constitutional framing in art. VI, § 5 contemplates that DAs prosecute criminal cases. The General Assembly's practice of conferring narrow civil authorities by statute has been consistent across many subject areas. The opinion's footnote-equivalent string of statutes (§§ 3-7-111, 29-3-102, 47-18-405, 47-18-5204, 53-11-452) is illustrative of that pattern.

Common questions

Can a Tennessee DA always file a civil suit, or only when a statute says so?

Generally, only when a statute says so. The Tennessee Constitution treats DAs as criminal prosecutors. Civil-enforcement authority is granted piece by piece through specific statutes (zoning, nuisance, drug forfeiture, scenic highway, etc.). Outside of those, civil enforcement responsibilities typically belong to other officials such as the Attorney General, county attorneys, or specific agencies.

What kinds of actions can a DA file under § 54-17-112(b)?

The statute lists "injunction, mandamus, abatement or other appropriate action[s] or proceedings to prevent, enjoin or abate or remove the violation." That covers temporary and permanent injunctions, abatement actions to physically remove offending materials (junk, debris), mandamus to compel a property owner to bring the property into compliance, and any analogous equitable relief.

Does the DA's civil action take the place of the criminal misdemeanor?

No. § 54-17-112(b) explicitly provides civil remedies "in addition to other remedies provided by law," and the criminal sanction in § 54-17-112(a) remains available. A DA can pursue both tracks if the conduct warrants it, though prosecutorial discretion will guide the choice in any specific case.

Who else can file under § 54-17-112(b)?

The statute authorizes specified state and local officials and private property owners to bring civil actions. The opinion did not enumerate every authorized party, but the structure tracks how Tennessee handles other public-interest enforcement: the responsible state and local officials plus aggrieved private owners.

What constitutes a "scenic highway" for purposes of the Act?

Designation under the Act, not just scenic appearance. The Act covers highways that have been formally designated as part of Tennessee's Scenic Highway System under the procedures elsewhere in chapter 17. A property owner along a non-designated stretch of road, however attractive, is not subject to the Act.

Does this opinion bind the courts?

No. AG opinions in Tennessee are persuasive authority. The conclusion here closely tracks the express text of § 54-17-112(b), so a court would have little reason to disagree, but the opinion itself is not binding precedent on a chancellor or appellate court.

Citations

Statutes

• Tenn. Code Ann. §§ 54-17-101 to 54-17-116 (Scenic Highway System Act of 1971)
• Tenn. Code Ann. § 54-17-104 (purpose)
• Tenn. Code Ann. § 54-17-108 (junkyard restrictions)
• Tenn. Code Ann. § 54-17-111 (dumping restrictions)
• Tenn. Code Ann. § 54-17-112 (criminal sanction in (a); civil remedies and DA civil authority in (b))
• Tenn. Const. art. VI, § 5 (district attorney general; election)
• Tenn. Code Ann. § 3-7-111 (cited in the opinion as an example of DA civil authority, zoning violations)
• Tenn. Code Ann. § 29-3-102 (public nuisance abatement)
• Tenn. Code Ann. § 47-18-405 (True Origin of Goods Act)
• Tenn. Code Ann. § 47-18-5204 (Anti-Phishing Act of 2006)
• Tenn. Code Ann. § 53-11-452 (drug-related real estate forfeiture)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2018/op18-45.pdf

Original opinion text

October 24, 2018

Opinion No. 18-45

Authority of District Attorneys General to Bring a Civil Action Under the Scenic Highway System Act of 1971

Question

If there is a violation of the Scenic Highway System Act of 1971, does the district attorney general for the judicial district in which the violation occurs or is threatened have the authority to bring a civil action to enjoin or remove the violation?

Opinion

Yes.

ANALYSIS

The purpose of the Tennessee Scenic Highway System Act of 1971, Tenn. Code Ann. §§ 54-17-101 through -116, is generally to foster tourism and economic development by preserving the natural beauty along designated scenic highways and providing a safe and attractive environment for travelers. Id., § 54-17-104. To accomplish these objectives the Act prohibits or regulates certain activities, such as maintaining junkyards and dumping trash, along designated scenic highways. Id., §§ 54-17-108 and -111. Violation of any provision of the Act is a Class C misdemeanor and will result in an appropriate criminal sanction for the person, firm, or corporation committing the violation. Id., § 54-17-112(a).

Civil remedies for violations of the Act are also available. The plain language of the Act authorizes specified state and local officials and private property owners to bring certain civil actions, "in addition to other remedies provided by law", when there is a violation or threatened violation of the Act. Id., § 54-17-112(b). In particular, "the district attorney general for the judicial district in which the violation occurs or is threatened may institute injunction, mandamus, abatement or other appropriate action, actions or proceedings to prevent, enjoin or abate or remove the violation." Tenn. Code Ann. § 54-17-112(b).

While the Tennessee Constitution, art. VI, § 5, which provides for the election of district attorneys general, contemplates that district attorneys general shall prosecute crimes, the General Assembly has from time to time conferred on district attorneys general the authority to bring expressly delimited civil actions and proceedings. See, e.g., Tenn. Code Ann. § 3-7-111 (civil actions regarding zoning violations), Tenn. Code Ann. § 29-3-102 (civil actions to abate public nuisances), Tenn. Code Ann. § 47-18-405 (civil actions with respect to the True Origin of Goods Act), Tenn. Code Ann. § 47-18-5204(b) (civil actions with respect to the Anti-Phishing Act of 2006), and Tenn. Code Ann. § 53-11-452 (civil actions regarding forfeiture of real estate for drug violations). The authority accorded district attorneys general by the General Assembly to bring specified civil actions to enjoin or remove a violation of the Scenic Highway System Act is commensurate with these and other similar statutory grants of authority by the legislature.

In sum, according to the plain language of Tenn. Code Ann. § 54-17-112(b), the General Assembly has expressly conferred on the district attorney general for the judicial district in which a violation of the Scenic Highway System Act occurs or is threatened the authority to bring a civil action, such as "injunction, mandamus, abatement or other appropriate action or proceeding", seeking to prevent, enjoin, abate, or remove the violation.

HERBERT H. SLATERY III
Attorney General and Reporter

ANDRÉE SOPHIA BLUMSTEIN
Solicitor General

Requested by:
The Honorable Mark Pody
State Senator
425 5th Ave. N., Suite 754
Nashville, Tennessee 37243