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Tennessee Historic Cemetery Preservation Program

Recognizing that early cemeteries were becoming lost or destroyed, the Tennessee General Assembly created Tennessee Code Annotated, Title 46 Tennessee Cemetery & Burial Site Laws (1911).  This code was bolstered by precedent established by Walter Hines v. State of Tennessee (1911).  With exceptions, cemetery protection laws have remained unchanged since 1911.  Tennessee cemetery code has not always kept pace with forces of progress.  Economic development and cultural identity--both of which contribute to our state’s uniqueness--have not always been compatible.  For this reason, the Family Burial Grounds Protection Act was passed and added to Title 46 as Chapter 8 in 1996.  In 2018, Title 46 was amended, authorizing and requiring the Tennessee Historical Commission to post all cemetery relocation petitions, maintain an Historic Cemetery Preservation Specialist position, and form the Historic Cemetery Advisory Committee to examine current law for the purpose of recommending any necessary changes.

POST DATE: The Tennessee Valley Authority General Counsel’s Office has filed a petition to remove and relocate remains from six cemeteries-Unknown Cemetery (40SU265) Age Unknown, McCrary or McCreary Cemetery (40SU266) 1905-1914, Franklin Cemetery (40SU267) Age Unknown, Bailey Cemetery (40SU271) ca. 1920, Odom-Hudson Cemetery (40U275) ca. 1901-1953, Unnamed No. 10 Cemetery (40SU348) Age Unknown at the Gallatin Fossil Plant, located on 1499 Steam Plant Rd, Gallatin, TN 37066.  The TVA tract numbers are identified as GSP 23, GSP 10-CE, GSP 11-CE, GSP 13-CE, GSP 17-CE, and GSP 18-CE.  In accordance with TCA 46-4-103 the notice and petition are available here.'

 

January 28, 2021. Jeffrey C. Coller, counsel for Timothy & Linda Harris, has filed a petition to remove and relocate remains of Jerry Lee Laxton from the Chestnut Ridge Cemetery, located at 1170 Shotoff Cliff Rd., Onieda, TN 37841.  In accordance with TCA 46-4-103 the notice is available here. The petition is also available.

January 28, 2021.  Parker T. Brown of Fidelis Law, PLLC, counsel for Tennessee Baptist Children’s Home, Inc. has filed a petition to remove and relocate remains from the cemetery-also referred to as the James Baldwin Blackwell Graveyard-on the property, located at 6899 US Hwy. 70, Bartlett, TN 38113.  In accordance with TCA 46-4-103 the petition is available here.

Sherrard, Roe, Voight & Harbison, PLC, counsel for Charlotte Nashville West Partners, LLC has filed a petition to remove and relocate remains from the O'Brien/Stephens Cemetery, located at 7114 Charlotte Park, Nashville, TN 38127, Davidson County.  The letter of notification is available here.  In accordance with TCA 46-4-103 the petition is available here.

White & Polk, P.C. Attorneys at Law, counsel for HDP1, LLC, has filed a petition to remove and relocate remains from the unidentified cemetery located at 7512 Maggie Drive, Antioch, TN 37013.  The letter of notification is available here.  In accordance with TCA 46-4-103 the petition is available here.  

Evans, Jones, & Reynolds, Attorneys at Law, counsel for RBC Tennessee, LLC, has filed a petition to terminate the use of land as a burial ground, a noted cemetery reservation located at 1951-1952 Carter's Creek Pike, Franklin, 37064, Williamson County.  The letter of notification is available here.  In accordance with TCA 46-4-103, the petition is available here.  

Lewis, Thomason, King, Krieg & Waldrop, P.C., counsel for Community Foundation Realty, Inc., has filed a petition to remove and relocate remains from the Monastery of St. Clare Cemetery, located at 1310 Dellwood Ave., Memphis, 38127, Shelby County.  The letter of of notification is available here.  In accordance with TCA 46-4-103 the petition is available here

Lewis, Thomason, King, Krieg & Waldrop, P.C., counsel for petitioner Memphis Greenspace, Inc., and The Law Office of H. Edward Phillips, PLLC, counsel for petitioners Sidney Law, James Kevin Bradley, Brooks Bradley, Thomas Jesse Bradley, and Bedford Forrest Myers, have filed a petition to relocate remains from S. Manassas St. in Memphis, Shelby County, Tennessee, commonly known as Health Sciences Park. The letter of notification is available here.  In accordance with TCA-46-4-103 the petition is available here.

Tune, Entrekin & White, counsel for Oldsmith Group, LLC. has filed a petition to relocate remains from cemetery at 9634 Concord Road, located in Brentwood, Williamson County.  The letter of notification is available here.  In accordance with TCA 46-4-103 the petition is available here. 

White & Polk, P. C., counsel for FR Properties, LLC. has filed a petition to relocate remains from cemetery off Beasie Road, located in Murfreesboro, Rutherford County.  The letter of notification is available here.  In accordance with TCA 46-4-103 the petition is available here.  

White & Polk, P. C. , counsel for Charlie B. Mitchell Jr., has filed a petition to relocate remains from cemetery off Beasie Road, located in Murfreesboro, Rutherford County.  The letter of notification is available here.  In accordance with TCA 46-4-103 the petition is available here.

Lisa K. Helton, counsel for D. R. Horton, has filed a petition for terminating use of land as burial ground and for removal and reinterment of remains of decendents in the Rutherford County Chancery Court pursuant to TCA 46-4-103.  The petition is available here

TNHomesites has filed a petition to terminate a cemetery in Sumner County.  In accordance with TCA 46-4-103 the petition is available here.

Sherod, Roe, Voight, & Harbison, PLC, counsel for Robert and Melissa Beckham, has filed a petition to terminate a cemetery in Williamson County.  In accordance with TCA 46-4-103 the petition is available here