Private Act

PRIVATE ACT AND THE ESTABLISHMENT OF GERMANTOWN’S BORDERS

By Andrew Pouncey

A “private act” is a state law, approved by the Tennessee General Assembly and likely requested and subsequently approved by a local government.  Private acts generally have local application only.  Under Article XI, Section 9, of the Tennessee Constitution, private acts are not effective until approved locality by the county (or city) to which they apply by the terms of the private act.¹

Land Surveying is an all-important aspect of real estate, property development, and land ownership. It is the process of determining the terrestrial position of points on a property, as well as the distances/angles between them.  Land Surveying in the early 20^th Century was still fairly primitive as illustrated in the information provided below by the Private Acts first establishing Germantown’s boundaries.  Stakes in undefined locations on properties and more specifically in a garden, as well as in a spring, serve as legal boundary points for the establishment of the city’s borders.

PRIVATE ACTS ESTABLISHING GERMANTOWN’S BOUNDARIES

CHAPTER 549.
SENATE BILL NO. 584

AN ACT entitled an Act to repeal the charter of the town of Germantown, in Shelby county, Tennessee.

SECTION 1.  Be in enacted by the General Assembly of the State of Tennessee, That the charter incorporating the town of Germantown, heretofore granted by the State of Tennessee to Said corporation, be, and the same herein is, repealed, and the charter of said corporation is abolished.

SEC. 2.          Be It further enacted, That this Act take effect from and after its passage, the public welfare requiring it.

Passed April 3, 1903.

Approved April 7, 1903.

CHAPTER 550.
SENATE BILL NO. 585

AN ACT to incorporate the town of Germantown, in the Eleventh Civil District of Shelby County, Tennessee, and to provide for the government of same, and for the election of officers and for other purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the inhabitants of the town of Germantown, in the County of Shelby and State of Tennessee, be, and they are hereby, constituted a body politic and corporate under the name and style of The Town of Germantown, and under that name they may have perpetual succession, may sue and be sued, plead and be impleaded, grant receive, purchase and hold real, mixed and personal property and may have and use a corporate seal and may alter the same at pleasure.

SEC. 2.  Be it created by the General Assembly of the State of Tennessee, That the town of Germantown, located in the Eleventh Civil District of Shelby Count, Tennessee, be, and same hereby is, bounded as follows:  Beginning at a stake in E. W. Shepherd’s garden, one-fourth of a mile from the M.& C. Railroad, in said town; thence south one-half a mile to a stake in G.W. Thomas’ field west of his residence; thence east a half a mile to a stake in the center of the State line road; thence north a half-mile to a spring; thence west a half-mile to the beginning, being the same boundary set out and described for the incorporation of Germantown in a charter heretofore granted to it.

SEC. 3.   Be it further enacted, That…………

Passed April 3, 1903.

Approved April 10, 1903

PRIVATE ACT EXTENDING THE CORPORATION LIMITS OF THE SAID TOWN OF GERMANTOWN

CHAPTER NO. 352.
SENATE BILL NO. 669.
(BY Messrs. Chandler, Bejack, and Fuller.)

AN ACT to amend an Act entitled “An Act to incorporate the Town of Germantown, in the Eleventh Civil District of Shelby County, Tennessee, and to provide for the government of same and for the election of officers, and for other purposes,” said Act being Chapter 550 of the Fifty-third General Assembly of the State of Tennessee, passed April 3, 1903, so as to extend the corporation limits of the said Town of Germantown.

SECTION 1.  Be it enacted by the General Assembly of the State of Tennessee, That the Charter of Germantown, in Shelby County, is hereby so amended that the corporation limits of said town shall be so extended as to be as follows in lieu of the boundaries heretofore existing, to-wit:  Beginning at a spring, which spring is approximately 2,160 feet northeast of the intersection of the centerline of the Germantown and Olive Branch Road with the centerline of the Southern Railroad, said spring begin the northeast corner of the former city limits of the town of Germantown, Tennessee, and running thence south 88 degrees and 30 minutes, west 978 feet. To a stake, the same being in all 3, 820 feet west of said spring; thence south 15 degrees east 3,033 feet to southwest corner of the former corporate limits of the town of Germantown, thence south 39 degrees east 1,775 feet to a stake in the centerline of the Germantown and Olive Branch Road; thence east 2,517 feet to a stake in the east line of B.J. Roescher’s property, thence north 1,256 feet to a stake; thence north 53 degrees 30 minutes west 811 feet to a stake; thence north 2,614 feet to the point of beginning.

SEC. 2.  Be it further enacted, That all of the citizens taken in and embraced within the limits of this extension shall have and enjoy all the rights, privileges and benefits now and hereafter enjoyed by the citizens of the corporation of Germantown, and shall share the obligations of the said town of Germantown and be amendable to its laws.

SEC. 3.  Be it further enacted, That this Act shall become effective on the date of the sale of the water and light bonds as provided for in Senate Bill No. 426 of the Acts of the General Assembly of the State of Tennessee of 1921, and until said bonds are sold, the territory, within said limits of extension shall not became a part of the Corporation of Germanton under this Act.

SEC. 4.  Be it further enacted, That this Act take effect from and after its passage, the public welfare demanding it.

Passed March 16, 1921.

Approved March 21, 1921.

Sources:

¹The University of Tennessee’s Count Technical Assistance Service, Institute for Public Service; Tennessee General Assembly; Tennessee Secretary of State.

²State of Tennessee General Assembly Private Acts, Chapter 549 (1903), 550, (1903) and 352 (1921).