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    1. [TNGREENE] Tennessee Family Cemeteries
    2. I just received this and didn't know this was happening, please pass this on. Patti Date: [Thu, 10 May 2007 16:44:20 -0500] From: Danny Nichols <[email protected]> To: [email protected] Subject: [TNCANNON] Tennessee Family Cemeteries Family Cemeteries are part of our heritage as well. How many of you from Tennessee have contacted your legislators to voice your opinion regarding the Cemetery Proposal being considered for passage? This is a serious issue. Unless we put a stop to these bills soon, family research will be forever adversely affected in our state. Now is the time to join together and turn these bills around. I urge you all to please assist in this effort to stop these bills from becoming law. If passed, they go into effect July 1, 2007. Please look closely at the following clause contained in both the House Bill 1354 and Senate Bill 1804: In order for a friend of a deceased person, of the family, or of a descendant or persons engaging in genealogical research to exercise the right of ingress and egress to a cemetery or to graves on private property as eligible persons, the friend or researcher must have written designation as such by a descendant or other member of the family of the deceased. Such a requirement will cause a restriction of access to hundreds of family cemeteries in our immediate area and thousands throughout the state. If we, those whose interest is in our history and in preserving our past, don't defend our right to do so, then those rights shall be taken away from us by those acting on behalf of other agendas. This is a call "To Arms!" Contact your legislators please! Respectfully, Danny M. Nichols

    05/10/2007 09:55:58
    1. Re: [TNGREENE] Tennessee Family Cemeteries
    2. George W. Durman
    3. I think Danny took parts of the proposed bill out of context. Can any one say "Henny Penny"? (GRIN) Here is the ENTIRE bill. Be sure to read ALL of the first paragraph, especially that part that was left out by Danny, the part before "In order for a friend of a deceased person, of the family, or of a descendant or persons engaging in genealogical research..." The way I look at the bill is that owners of property that contains family graveyards MUST give access, not that such owners can restrict access. Note the words "requires" and "genealogical researchers ("eligible persons")". Regards, Sarge HB1354 by *Jones S. (*SB1804 by *Jackson, *Marrero B.) Cemeteries - Authorizes eligible persons, including family members, descendants, and friends of the deceased persons and persons conducting genealogical research, access to cemeteries and graves on private property, subject to certain limitations. - Amends TCA Title 46. Fiscal Summary for HB1354 / *SB1804 Increase Local Govt. Expenditures - Not Significant Bill Summary for HB1354 / *SB1804 This bill requires owners and occupants of land where cemeteries and graves are located to grant access to the family members, descendants, and close friends of persons who are buried in such land and to genealogical researchers ("eligible persons") in order to visit and maintain graves, make burials, and conduct genealogical research. In order for a friend of a deceased person, of the family, or of a descendant or persons engaging in genealogical research to exercise the right of ingress and egress to a cemetery or to graves on private property as eligible persons, the friend or researcher must have written designation as such by a descendant or other member of the family of the deceased. This bill requires any eligible person to provide reasonable advance notice to the landowner or occupant before entering the land. This bill further specifies that entry upon the private property of another for accessing a cemetery or graves must only occur at a reasonable time, under reasonable circumstances, and in a reasonable manner. This bill authorizes landowners to designate access routes to cemeteries and graves on such persons' land. This bill requires eligible persons to be liable for any damage to property that is caused by passage across the landowner's property in order to reach a cemetery or gravesite. This bill authorizes any eligible person who is denied access to a gravesite or cemetery to seek equitable relief against the landowner or occupant in chancery court. Any owner of private property who believes a person is not an eligible person or believes that an eligible person is entering upon the property in violation of this bill could institute a proceeding in the chancery court of the county in which the cemetery or graves are located to enjoin such person from further entry upon the property. In granting injunctive relief, the court could deny further access of the person to the cemetery or graves located on the property or could set the frequency of access, circumstances under which access could occur, the manner of access, and the hours and duration of access. Any person who enters upon the property for accessing a cemetery or graves who is not an eligible person would be subject to all remedies provided by this bill and any other applicable provision of law. At 11-05-07 06:55 AM Friday, [email protected] wrote: *********START OF ORIGINAL MESSAGE TEXT********* >I just received this and didn't know this was happening, please pass this on. >Patti > >Date: [Thu, 10 May 2007 16:44:20 -0500] >From: Danny Nichols <[email protected]> >To: [email protected] > >Subject: [TNCANNON] Tennessee Family Cemeteries > >Family Cemeteries are part of our heritage as well. How many of you from >Tennessee have contacted your legislators to voice your opinion regarding the >Cemetery Proposal being considered for passage? This is a serious issue. >Unless we put a stop to these bills soon, family research will be forever >adversely affected in our state. Now is the time to join together and turn >these bills around. I urge you all to please assist in this effort to stop >these bills from becoming law. If passed, they go into effect July 1, 2007. > >Please look closely at the following clause contained in both the House Bill >1354 and Senate Bill 1804: > >In order for a friend of a deceased person, of the family, or of a >descendant or >persons engaging in genealogical research to exercise the right of ingress and >egress to a cemetery or to graves on private property as eligible persons, the >friend or researcher must have written designation as such by a descendant or >other member of the family of the deceased. > >Such a requirement will cause a restriction of access to hundreds of family >cemeteries in our immediate area and thousands throughout the state. If we, >those whose interest is in our history and in preserving our past, >don't defend >our right to do so, then those rights shall be taken away from us by those >acting on behalf of other agendas. This is a call "To Arms!" Contact your >legislators please! > >Respectfully, >Danny M. Nichols **********END OF ORIGINAL MESSAGE TEXT***********

    05/11/2007 07:33:05