PUBLIC ROADS

Are all public roads, in legal theory (although certainly not in practice) also roads to be maintained by the county where the roadway is located, unless it is a state road, or there is some other reason for the county not to maintain the roadway? Hackett v. Smith County , 807 S.W.2d 695, Tenn.Ct.App., Feb 28, 1990, certainly seems to hold that: "If the roadway is 'public' [dedication plus public acceptance of the dedication], the result is that Smith County has to maintain it, and has no discretion about whether the road is to be added to the county "road list."

I don't think I've ever looked at that issue, but you may well be correct. It doesn't seem exactly fair, though, because the road may not meet the county's specifications. I note that Shahan v. Franklin County , 29 TAM 7-8, 21 TRELL 7 (Tenn.App., Dec. 30, 2003) also seems to support your argument.