Cemetery Relocation Petitions

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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.

For a list of attorneys who have successfully navigated the relocation petition process, click here.

January 10, 2024. R. Brandon Bundren, counsel for Jessica Ann Stinson, has filed a petition to remove and relocate remains of Emma Grace Bailey (child of the petitioner) from the Odom-Bailey Cemetery, located at 3310 Deer Creek Rd. (Parcel Number: 025 017.01 - GPS 36.1813500, -87.6723800), Humphreys County, Tennessee. In accordance with TCA 46-4-103 the notice is available here.  The petition is available here.

January 27, 2023. Lisa Helton of Sherrard, Roe, Voight & Harbison, counsel for Meritage Homes of Tennessee, Inc. has filed a petition to remove and relocate remains from the Unnamed Cemetery, located at 798 Hidden Hill Dr., Hermitage, TN (Parcel Number: 076 00 0 153.00; GPS loc. 36.20526681425777, -86.58271884788428). In accordance with TCA 46-4-103 the notice is available here.  The petition is available here.

March 1, 2023. Lisa Helton of Sherrard, Roe, Voight & Harbison, counsel for Prologis-Exchange 6175 Franklin Road, LLC. has filed a petition to remove and relocate remains from the Wray Cemetery, located at 6175 Franklin Rd.; Lebanon, TN, Wilson County (Parcel Number: 101 019.00, GPS loc. 36.1467270, -86.3921510). In accordance with TCA 46-4-103 the notice is available here. The petition is available here.

March 30, 2023. Lisa Helton of Sherrod, Row, Voight  and Harbison, counsel for Cheryl Wills and Mooreland Farm LLC has filed a petition to remove and relocate remains of Sandy and Emma Wills from the Moore Family Cemetery (also known as Mooreland Cemetery), located at 8600 Hwy. 54 W, Brownsville, Haywood County (Parcel Number: 078 008.00; GPS loc. 35.582325, -89.413727).  In accordance with TCA 46-4-103 the notice is available here.  The petition is available here. 

May 25, 2023. Douglas Thompson Bates IV of Bates & Bates Law Office, counsel for David C. Talley, has filed a petition to remove and relocate remains from the John Talley Cemetery located at 240 Buffalo River Heights Rd., Linden, 37096, Perry County (Parcel 065 027.11). In accordance with TCA 46-4-103 the petition is available here.

September 12, 2023. Alan C. Betz, of White & Betz Attorneys at Law, counsel for William A. Robertson, Elaine Robertson, Mike Robertson and Jane Lee Robertson, has filed a petition to terminate the Smith Burial Plot (aka Davis Cemetery) rumored to be located on their property at 1117 N. Locust Avenue, Lawrenceburg, Tennessee (Parcel Number: 78F B 008.0).  According to landowners no cemetery has ever been proven to exist on this this parcel. In accordance with TCA 46-4-103 the notice is available here. The petition is available here.

October 11, 2023. Justin M. Gilbert BPR #035535 of Music City Estate Law, counsel for Fatima Oyelami, has filed a petition to remove and relocate remains of Risikat Oyelami from Greenwood Cemetery Nashville located at 1428 Elm Hill Pike, Nashville, Tennessee 37210 to Greenwood Cemetery North, Gallatin, TN.  In accordance with TCA 46-4-103 the petition is available here.

November 27, 2023. Lisa K. Helton BPR #023684 of Sherrard, Roe, Voight & Harbison, PLC, counsel for 840 Commerce Park, LLC, has filed a petition to remove and relocate remains of John F. Garrett located at 12011 Mona Rd., Murfreesboro, Tennessee 37129, Rutherford County (Parcel: 012-013.11-000) to the Lannom Family Cemetery, 1277 Whipporwill Rd., Lebanon, Tennessee 37090, a suitable location if approved by family members associated with the cemetery.  In accordance with TCA 46-4-103 the notice is available here. The petition is available here.

December 12, 2023. A. Scott McCulley Attorney at Law, counsel for Quint Bourgeois and Eric J. Moseley, has filed a petition to remove and relocate remains from the Martin Cemetery, located on Parcel Number 056 064.00 off Roane State Hwy. (US Hwy. 70), Lawnsdale, Roane County, Tennessee. In accordance with TCA 46-4-103 the notice is available here.  The petition is available here.

January 19, 2022. Joshua A. Hardin, counsel for Craig and Kimberly Milburn has filed a petition to remove and relocate remains from the Foister Family Cemetery (AKA  Middleton Cemetery), located at 151 Leonard Drive, Jonesborough, Tennessee  37659, Washington County (Control Map 067, Parcel 191.00).  In accordance with TCA 46-4-103 the petition is available here.

March 4, 2022. R. Porter Field of Burch, Porter & Johnson, PLLC, counsel for Raven Marshall has filed a petition to remove and relocate remains from the Priddy Family Cemetery, located at on Lots 28 & 29 in the Wind Chase Farms Subdivision located in Eads, Shelby County, Tennessee.  In accordance with TCA 46-4-103 the notice is available here. The petition is available here.

March 8, 2022. Jeffrey S. Strickland of Strickland Law, PLLC, counsel for Judith Fisher Freed has filed a petition to remove and relocate remains from the Randall Walker Cemetery, located at 2780 Eastover Rd. (Parcel Number: 083 047.00), Watertown, TN, Wilson County.  In accordance with TCA 46-4-103 the notice is available here. The petition is available here.

March 9, 2022. Walker & Wright Attorneys at Law, counsel for Yates Family Properties, LLC, has filed a petition to remove and relocate remains from the Bettie Latham Cemetery, located at 5672 Modock Rd. (Parcel 087 77.01), Trade, TN, Johnson County.  In accordance with TCA 46-4-103 the notice is available here. The petition is available here.

April 5, 2022. Clyde W. Richert of Richert Dilliha PLLC, counsel for Thomas C. Groves has filed a petition to remove and relocate remains from an Unnamed Cemetery, located on Eubanks Rd. (Parcel Number: 012 058.00), Portland, 37148 in Robertson County. In accordance with TCA 46-4-103 the petition is available here.

April 27, 2022. Porter Field of Burch, Porter & Johnson, PLLC, counsel for Four L. Properties, has filed a petition to remove and relocate remains from the Teel Cemetery, located at 6275 Hwy. 57, Rossville, Tennessee 38066 (Parcel Number 181 014.00).  In accordance with TCA 46-4-103 the petition is available here.

June 2, 2022. Walker & Wright Attorneys at Law, counsel for Tim Cox Jr., has filed a petition to remove and relocate remains from the Slimp Cemetery, located on Stout Branch Rd., Neva, Tennessee 37683 (Parcel Number 068 022.01).  In accordance with TCA 46-4-103 the notice is available here.  The petition is available here.

July 6, 2022. Sean R. Aiello and the law firm of Schell & Oglesby LLC, counsel for Timothy A. Kelly, has filed a petition to declassify as a cemetery the Scruggs Cemetery (Parcel 158 00 0 137.00), located inside the property located at 6434 Hillsboro Pk. (Parcel 158 00 0 034.00). In accordance with TCA 46-4-103 the petition is available here.  The Motion for Service of Process by Publication is here.  The Notice of Resetting is here.

July 28, 2002. “Toby” Harold E. Deaton of the law firm of Harold E. Deaton Attorney at Law, counsel Kay McTasney & Sue Neal, has filed a petition to relocate the Halfacre Family Graveyard located on Coon Hunt Rd. (Parcel 063 034.03), Baxter, Putnam County.  In accordance with TCA 46-4-103 the notice is available here.  The petition is available here.

August 10, 2022. James L. Murphey III, Junaid Odubeko, and Mike Stephens of Bradley Arant Bolt Cummings LLP, counsel for AJ Capital Management & Nashville Phase II Property Holder LLC, has filed a petition to remove and relocate remains from an unknown burial ground (possibly associated with Nashville City Cemetery which abuts it) located at 1131 4th Ave. South & 1137 4th Ave S., Nashville, Davidson County (Tax Map 105-03, Parcels 331 & 349). In accordance with TCA 46-4-103 the petition is 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 here.
  • 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. 

April 8, 2021. 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.

July 26, 2021.  Polly Properties, LLC, The Nashville City Cemetery Association Inc., Tennessee Supreme Court Historical Society Inc., Tennessee Bar Association, The Tennessee Historical Society, and Tri Star Energy Fuel, LLC have filed a petition to remove and relocate remains from the Judge John Haywood Gravesite, located at 5012 Nolensville Rd., Nashville, Davidson County, Tennessee.  In accordance with TCA 46-4-103 the notice and petition are available here.

October 1, 2021.  Robert R. Carl of Baker Donelson, counsel for Hodges Bend Advisors, LLC, has filed a petition to remove and relocate remains from the Nelson Fox Family Cemetery, located at 1137 Ernest McMahan Rd., Sevierville, TN 37862.  In accordance with TCA 46-4-103 the notice and petition are available here.

October 20, 2021.  R. Brandon Bundren of Bradley Arant Boult Cummings LLP, counsel for Lennar Homes of Tennessee LLC, has filed a petition to remove and relocate remains from the Holland Family Cemetery, located at 4951 Rock Springs Rd./6914 Lee Rd. (specifically 6914 Lee Rd. Parcel 051-005.00-000) in Rutherford County. In accordance with TCA 46-4-103 the petition is available here. 

November 8, 2021.  Timika Montes De Oca, counsel for Timika Montes De Oca, has filed a petition to remove and relocate remains from the Unidentified Cemetery (Unknown Cemetery 11), located at Egypt-Central Rd. & Egypt-Central Rd. (Parcel ID Parcel D0147 00253), New Brownsville Rd. & Old Brownsville Rd., Memphis, Shelby County, 38135. In accordance with TCA 46-4-103 the notice is available here.  The petition is available here.

December 9, 2021. North, Pursell & Ramos PLC, counsel for Wesley Mitchell Street, has filed a petition to remove and relocate remains from an unnamed cemetery (known surnames Carney and Jones) located on Parcel Number: 120-020.13-000, John Windrow Rd., Eagleville, Rutherford County.  In accordance with TCA 46-4-103 the letter of notification and petition are available here.