65-35-104 - Civil liability Damages Liens Perfection of liens. - Tennessee Statutes

65-35-104. Civil liability Damages Liens Perfection of liens.

(a)  Any person violating the provisions of § 65-35-102 is liable civilly for damages resulting from such violation, including actual, compensatory, incidental and punitive damages.

(b)  The damages shall be three (3) times the utility's estimated loss of revenue, plus reasonable attorneys' fees and costs associated with such loss.

(c)  A finding of guilt in violation of § 65-35-102, as part of an action brought to impose the penalties under § 39-14-104, is conclusive evidence of liability for civil damages recoverable under this chapter in any court of appropriate jurisdiction in a proceeding to assess civil damages against the guilty party.

(d)  Regardless of any criminal charge or lack thereof, any utility may nevertheless bring a civil action in any court of appropriate jurisdiction against the owner, occupant or tenant and allege the violation of any of the acts prohibited by § 65-35-102; and upon a finding that the person has violated § 65-35-102, the court shall likewise determine the estimated loss of revenues and award judgment for sums specified in subsections (a) and (b).

(e)  (1)  Any utility that can properly establish the amount of utility service fraudulently taken on or by any premises occupied by the owner thereof shall have the right to declare a lien for the value of such utility service against the property on which the utility service was taken.

     (2)  The lien shall be filed within one (1) year of the date of the utility's first actual knowledge of the fraudulently diverted utility service.

     (3)  (A)  The lien shall be perfected upon the filing of a notice with the office of the register of deeds of the county in which the property upon which the lien is claimed is located, and such lien shall be second only to liens of the state, county, or municipality for taxes and special assessments, and any valid lien, right, or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. Such notice shall contain the name of the titleholder or titleholders of the property upon which the lien is claimed, the property address, a description of the property sufficient to identify it, the signature and address of the entity claiming the lien, and the amount claimed by such entity.

          (B)  The priority of liens established by this subdivision (e)(3) shall apply to all liens filed pursuant to this subsection (e) on or after April 10, 1990.

     (4)  If a utility has not registered the notice as provided in subdivision (e)(3), such lien shall not be effective against a bona fide purchaser for value without actual or constructive knowledge of the fraudulently diverted utility service.

(f)  Civil actions pursuant to the provisions of this section shall be commenced within the time required by Tennessee law in an action to recover damages for the loss of property.

[Acts 1990, ch. 851, § 4; 1991, ch. 47, §§ 1-3; 1991, ch. 220, §§ 1, 2.]