Having read the TN cemetery laws and those of other states as well as following the articles involving Nick Fielder our state archeologist, I have to ask the question: Do we need to petition our legislature for more laws or simply encourage knowledge and adherence to those already on the books? It seems that the current laws are more than adequate for Nick to be able to shut down multi-million/billion dollar projects at the mere mention or hint of a gravesite on the property. It seems that I and many others on this site had little knowledge of the cemetery laws even though we are probably visiting gravesites more than your average property owner would ever consider doing. Instead of asking for more laws that are even less likely to be enforced, it seems that we should strive to educate the general public regarding the laws on the book. I would suggest approaching the local newspaper to print an article informing the public of access rights. Simply calling the paper may not work, but working the laws in with an interesting article about a local cemetery that has just been cleaned up, etc. probably would. All of the funeral homes that I have accessed for records have been very helpful and already have that local relationship with the paper/media that may get things done when a stranger can't. Don't forget your local historical/genealogical society for help. We both grew up on farms and it was instilled in us that you do not cross the neighbor's property line without first approaching his/her house by the driveway and attaining their permission. My father-in-law has had people from other areas attempt to buy land from him or ride horses on his land without permission and cuss him out when he declined their offer (he had so much land, why wouldn't he want to sell? [never mind that it was obviously in production]) or asked them to leave the property. I am returning a piece of property to farmable status for an out of state neighbor and have an individual who is accessing the property without permission (cutting locks, fences and boldly bush hogging shooting lanes (on fields that I have already bush hogged and plan to harvest hay from this coming year) even though he knows that he has no right to do so. Neighbors have reported to me that he wants to know why I am repairing the water gap that he obvious had cut. He is from another part of the country were most that I meet tend to think that they can say and do what ever they want (me first and don't mess with me attitude). A lot of times, it is how you approach the individual. Sometimes people don't realize how important that first impression is and why a landowner may not want you wandering around their property. Heck, out here in the country, we like to step out the back door and enjoy a little target practice since that is one of the reasons that we moved here. But, if you don't ask, how could you know that we are really shooting at tin cans and targets not the trespasser that we didn't know was in the woods?

Sonja, Can you tell me again which Bedwell you are related to? I have been working some on Jacob Marion Bedwell. Mostly as his widow married Jesse Warren. I know Sallie would up in Tx, Ok, remarried, but am very interested in knowing where their son Robert is in 1900. Can you help me here? Cindy

Cindy, "Heads of Families at the First Census of the U.S. taken in the Year, 1790 North Carolina" by Gen Pub. Co, 1966 p 168 Salisbury Dist. Rockingham Co NC Robert Warren: males +16 2 : males -16 4; females 5 Page 171 Salisbury Dist. Rowan Co NC [Same place my William White lived for 30 years prior to coming to LCT where he died May 1833-Ginny K] James Warren males+ 16 1; females 1 [ this must be an older couple???] page 174 Salisbury Dist. Rowan Co NC CALEB BEDWELL males +16 2; males - 16 2; white females 4 [Note, Caleb Bedwell and James Warren lived in same area. I am not sure how far away Salisbury Dist. Rockingham Co NC was from Salisbury Dist, Rowan Co NC. Doubt it was very far. Ginny K] I do not know the age of your Robert L. Bedwell ?? Ancestry.com social security death index: Robert L. Bedwell b 19 Jan 1884 TN, died 29 March 1974 Garden Grove, Orange Co CA. SS 547 24 4449 Robert L. Bedwell b 7 Mar 1925 TN, d 14 Oct 2004 Wayne Co MI *** Ancestry.com offers: Marion Jacob Bedwell and wife Sarah P. Duncan, [son of John B. Bedwell and Pharaby Ann Rhea.] Children listed; 1. Sally [Sarah?] Maude b May 188- Houston, TX 2. Robert Lee [below] Son Robert L. Bedwell born 19 Jan 1884 Montgomery Co TN, d 29 March 1974 Santa Ana, CA. married 1st Annie Lee Parker b 1887 Hunt Co TX, d Mar 1918 Donley, TX, Married 29 Aug 1905 Jacoby Co TX. Ch listed; Gladys May Marion Bob Edward Findoll Mary Ruth see below Marjorie M. see below Robert md 2nd Ola Mildred Harris b 29 Apr 1896 Cataline, TX, died 1986 Garden Grove CA. md 22 Aug 1922 Oklahoma City, OK. [Same names for children born to this marriage as above for 1st marriage???] Mary Ruth Bedwell, dau of Robert L. Bedwell and Ola Mildred Harris; Mary md 1st Monte Lee Hickman b 3 Aug 1921 TX, d 6 Aug 1980 TX, Ch. 1.son Hickmon Mary md 2nd Raymond Whipp b ca 1922. one son Whipp Ola was dau of J. Marshall Harris and Elizabeth M. Lusk. Marjorie M. Bedwell [ dau of Robert L. Bedwell and Ola Mildred Harris] Married Paul Atlee Burtner b ca 1920, d Westminster P.O. CA Ch; Gladys Katherine 2 unnamed daughters and one son listed as all living. Caleb Bedwell b 1750 Kent Co Delaware, d 1823 LCT, md 1st Elizabeth ___. Co ch listed Caleb md 2nd Rebecca b 1752 LCT, Ch; 1. Major M. b ca 1794 LCT 2. John b 1805 LCT Major M. Bedwell b ca 1794 LCT, d LCT, md Mary [Polly] Long b 1802 TN. Ch. 1. Rebecca b 1823 LCT 2. John B. b 26 June 1826 " 3. Eliza b 1829 " 4. Asbury b 1831 " 5. Willis L. b 1833 " 6. Levan Andrew b 20 July 1841 LCT. Major md 2nd Mary K. White b ca 1805 TN. Ch; John B and Levan are listed again for Mary K. White's ch Mary was said to be dau. of Samuel White b ca 1770 and Lucinda White b ca 1774, d 30 July 1856 LCT. Ch 1. Mahala 2. Christiana 3. Willis C. 4. Sarah 5. Matilda 6. Elizabeth b ca 1792 LCT 7. Mary K. b ca 1805 " 8. Nancy I know you have info about this family above but I added what the submitted added so you could evaluate how trustworthy above research is. I have not proved any of this. If you see errors, please post on LCT site so no one is misled. Thanks Ginny Keefer .·:*¨¨*:·.~* Ginny *~.·:*¨¨*:·.

Most states have these laws on the books, but the problem appears to be enforcement of these existing laws. I would suggest those of you who are residents of Tennessee join Sherry Finchum in her campaign, and contact your state legislators. They need to hear that you care. If the owner of the land were fined everytime that reasonable access is denied, he might be more cooperative. Sonja

I wish, and it should be, like that everywhere. Just because a family member has been in the ground for 200 years does not make them any less of a family member. After all, a part of what I am is resting in a grave somewhere in Chatham County, NC. Another in an unmarked grave in Lincoln County, Tn. If it were not for them, I would not be here typing this message. John ----- Original Message ----- From: "Dortha Greenlee" <[email protected]> To: <[email protected]> Sent: Tuesday, October 24, 2006 10:39 AM Subject: Re: [TNLINCOL] Cemetery Laws > It is my understanding that in Texas where I live, the land owner must > allow > family to visit the cemetery where their relatives are buried. I've not > read > the law, but have been told that for many years. > > Dortha Greenlee > > > > ------------------------------- > To unsubscribe from the list, please send an email to > [email protected] with the word 'unsubscribe' without the > quotes in the subject and the body of the message > > > -- > No virus found in this incoming message. > Checked by AVG Free Edition. > Version: 7.1.408 / Virus Database: 268.13.8/489 - Release Date: 10/20/2006 > >

It is my understanding that in Texas where I live, the land owner must allow family to visit the cemetery where their relatives are buried. I've not read the law, but have been told that for many years. Dortha Greenlee

Ohio law states the property owner must give "reasonable" access to the descenadants but does not define what the word reasonable covers. This has made access very difficult. Marie ----- Original Message ----- From: "john v. burns" <[email protected]> To: <[email protected]> Sent: Monday, October 23, 2006 6:13 PM Subject: Re: [TNLINCOL] Cemetery Laws > Sherry, > > Are you talking about legislation in Tennessee? If that is the case, that > is > interesting. Here in North Carolina we already have laws on the books that > not only protect family burial grounds but assures decendants access to > their family burial spots. > > A few years ago I compiled a book on the cemeteries of our county. That > led > in turn to cemetery protection and decendant access. As it turned out > there > were already laws on the books. I had a few cases of property owners > trying > to stop me from going into cemeteries, but the way around was that I found > a > decendant of a known occupant of the cemetery I wanted to visit, which > wasn't too hard to do in our county, went to the local sherriffs office, > the > sherriff would send a patrolman out there to inform the property owner > that > he could not prohibit our access to the cemetery. But, like I said, this > only happened a few times, maybe four or five times out of the 447 > cemeteries I was able to document. > > I would gladly work with anyone wanting to get some legislation going in > Tennessee which would allow access to family burial grounds. > > John > > > ----- Original Message ----- > From: "Mark & Sherry Finchum" <[email protected]> > To: <[email protected]> > Sent: Monday, October 23, 2006 6:37 AM > Subject: [TNLINCOL] Cemetery Laws > > >> This is a project that I have tried to work on. There has been a bill to >> strenthen our rights as decendants to have access to the gravesites, but >> the last I knew, no action had been taken to further this bill. >> >> I sent many cemetery examples to my senator and representative in regard >> to >> this bill, as well as a copy to the chair of the committee and both the >> senator and representative that sponsored the bill. >> >> Seems that no one in the legislature really cares much about this. The >> Farm Bureau has gotten involved and their lobbiest have blocked it at >> every >> turn! >> >> -Sherry >> >> At 11:01 PM 10/22/2006 -0600, you wrote: >>> >>> >>> >>>Today's Topics: >>> >>> 1. Cemetery Protective Laws (john v. burns) >>> 2. Re: Cemetery Protective Laws ([email protected]) >>> 3. Re: Cemetery Protective Laws (john v. burns) >>> 4. Re: Cemetery Protective Laws ([email protected]) >>> 5. Re: Cemetery Protective Laws (john v. burns) >>> 6. Cemetery Law (Margaret Behel) >>> >>> >>>---------------------------------------------------------------------- >>> >>>Message: 1 >>>Date: Sun, 22 Oct 2006 11:41:01 -0400 >>>From: "john v. burns" <[email protected]> >>>Subject: [TNLINCOL] Cemetery Protective Laws >>>To: <[email protected]> >>>Message-ID: <[email protected]> >>>Content-Type: text/plain; charset="iso-8859-1" >>> >>>Does anyone know if the state of Tennessee has any protective laws >> covering old family cemeteries? >>> >>>Case in point: There is an old family cemeetery in Giles County, that a >> family member has gone into and replaced the old, deterated stones with >> new, beautiful, expensive stones. There was a fence enclosing the >> cemetery >> at one time but the farmer that owns the property has alloed the fence to >> deterate to the point that his cows now have free roam of the cemetery. >>> >>>These cows have over turned most of the stones, now walk over them and >> splatter their waste over these beautiful stones. >>> >>>I guess what I would like to find out is if the [property owner is >> responsible for maintaining the fence? Can he be forced to restore the >> fence? What would be involved for decendants of the people buried there >> to >> put up a new, chain link fence? >>> >>>Any suggestions or information to this regard greatly appreciated. >>> >>>John >>> >>>------------------------------ >>> >>>Message: 2 >>>Date: Sun, 22 Oct 2006 14:58:21 EDT >>>From: [email protected] >>>Subject: Re: [TNLINCOL] Cemetery Protective Laws >>>To: [email protected] >>>Message-ID: <[email protected]> >>>Content-Type: text/plain; charset="US-ASCII" >>> >>>The following will hopefully answer your questions about the law. >>>Enforcement may be difficult, however, >>> >>>_http://www.tngenweb.org/law/cemetery-law.html_ >>>(http://www.tngenweb.org/law/cemetery-law.html) >>> >>>Sonja Bedwell >>>[email protected]_ (mailto:[email protected]) >>> >>> >>>------------------------------ >>> >>>Message: 3 >>>Date: Sun, 22 Oct 2006 15:23:07 -0400 >>>From: "john v. burns" <[email protected]> >>>Subject: Re: [TNLINCOL] Cemetery Protective Laws >>>To: <[email protected]> >>>Message-ID: <[email protected]> >>>Content-Type: text/plain; format=flowed; charset="iso-8859-1"; >>> reply-type=original >>> >>>Thank you. Will look it over. >>> >>>John >>>----- Original Message ----- >>>From: <[email protected]> >>>To: <[email protected]> >>>Sent: Sunday, October 22, 2006 2:58 PM >>>Subject: Re: [TNLINCOL] Cemetery Protective Laws >>> >>> >>>> The following will hopefully answer your questions about the law. >>>> Enforcement may be difficult, however, >>>> >>>> _http://www.tngenweb.org/law/cemetery-law.html_ >>>> (http://www.tngenweb.org/law/cemetery-law.html) >>>> >>>> Sonja Bedwell >>>> [email protected]_ (mailto:[email protected]) >>>> >>>> ------------------------------- >>>> To unsubscribe from the list, please send an email to >>>> [email protected] with the word 'unsubscribe' without the >>>> quotes in the subject and the body of the message >>>> >>>> >>>> -- >>>> No virus found in this incoming message. >>>> Checked by AVG Free Edition. >>>> Version: 7.1.408 / Virus Database: 268.13.8/489 - Release Date: >>>> 10/20/2006 >>>> >>>> >>> >>> >>> >>>------------------------------ >>> >>>Message: 4 >>>Date: Sun, 22 Oct 2006 19:10:00 -0400 >>>From: <[email protected]> >>>Subject: Re: [TNLINCOL] Cemetery Protective Laws >>>To: <[email protected]> >>>Message-ID: >>> <[email protected]et> >>>Content-Type: text/plain; charset=ISO-8859-1 >>> >>>Hi Sonja, >>>What are the cemetrey potection laws and who owens the cemetery, I have >>>been >>>trying to get to a cemetery where my grandparents are buried. But the >> people who >>>own the land where the cemetery is on. will not let my brotyhers and our >> family go thru >>>their land to get to ther cemetery they have it fenced. So how do we get >> to the cemetery >>>to clean it off and put stone back which are knocked over and broken. The >> last person >>>buried ther was 30 yrs ago. Thank you .willow beard >>>> >>>> From: [email protected] >>>> Date: 2006/10/22 Sun PM 02:58:21 EDT >>>> To: [email protected] >>>> Subject: Re: [TNLINCOL] Cemetery Protective Laws >>>> >>>> The following will hopefully answer your questions about the law. >>>> Enforcement may be difficult, however, >>>> >>>> _http://www.tngenweb.org/law/cemetery-law.html_ >>>> (http://www.tngenweb.org/law/cemetery-law.html) >>>> >>>> Sonja Bedwell >>>> [email protected]_ (mailto:[email protected]) >>>> >>>> ------------------------------- >>>> To unsubscribe from the list, please send an email to >> [email protected] with the word 'unsubscribe' without the >> quotes in the subject and the body of the message >>>> >>> >>> >>> >>>------------------------------ >>> >>>Message: 5 >>>Date: Sun, 22 Oct 2006 19:36:26 -0400 >>>From: "john v. burns" <[email protected]> >>>Subject: Re: [TNLINCOL] Cemetery Protective Laws >>>To: <[email protected]> >>>Message-ID: <[email protected]> >>>Content-Type: text/plain; format=flowed; charset="iso-8859-1"; >>> reply-type=original >>> >>>i hope you don't mind my butting in and, Sonja, correct me if I am wrong. >>> >>>But, from the way I understand the law, if you are a decendant of anyone >>>buried in that cemetery, the present owners cannot stop you from visiting >>>and cleaning up the cemetery. You might have to visit the local sherriffs >>>office to have them pay a visit to the property owner and explain the law >>>to >>>them. >>> >>>This is getting to be a problem all across the country and, I think, will >>>continue to be a problem. People just do not understand that decendants >>>have >>>a right to access to their ancestors burial places. >>> >>>john >>>----- Original Message ----- >>>From: <[email protected]> >>>To: <[email protected]> >>>Sent: Sunday, October 22, 2006 7:10 PM >>>Subject: Re: [TNLINCOL] Cemetery Protective Laws >>> >>> >>>> Hi Sonja, >>>> What are the cemetrey potection laws and who owens the cemetery, I have >>>> been >>>> trying to get to a cemetery where my grandparents are buried. But the >>>> people who >>>> own the land where the cemetery is on. will not let my brotyhers and >>>> our >>>> family go thru >>>> their land to get to ther cemetery they have it fenced. So how do we >>>> get >>>> to the cemetery >>>> to clean it off and put stone back which are knocked over and broken. >>>> The >>>> last person >>>> buried ther was 30 yrs ago. Thank you .willow beard >>>>> >>>>> From: [email protected] >>>>> Date: 2006/10/22 Sun PM 02:58:21 EDT >>>>> To: [email protected] >>>>> Subject: Re: [TNLINCOL] Cemetery Protective Laws >>>>> >>>>> The following will hopefully answer your questions about the law. >>>>> Enforcement may be difficult, however, >>>>> >>>>> _http://www.tngenweb.org/law/cemetery-law.html_ >>>>> (http://www.tngenweb.org/law/cemetery-law.html) >>>>> >>>>> Sonja Bedwell >>>>> [email protected]_ (mailto:[email protected]) >>>>> >>>>> ------------------------------- >>>>> To unsubscribe from the list, please send an email to >>>>> [email protected] with the word 'unsubscribe' without the >>>>> quotes in the subject and the body of the message >>>>> >>>> >>>> >>>> ------------------------------- >>>> To unsubscribe from the list, please send an email to >>>> [email protected] with the word 'unsubscribe' without the >>>> quotes in the subject and the body of the message >>>> >>>> >>>> -- >>>> No virus found in this incoming message. >>>> Checked by AVG Free Edition. >>>> Version: 7.1.408 / Virus Database: 268.13.8/489 - Release Date: >>>> 10/20/2006 >>>> >>>> >>> >>> >>> >>>------------------------------ >>> >>>Message: 6 >>>Date: Sun, 22 Oct 2006 18:51:22 -0500 >>>From: "Margaret Behel" <[email protected]> >>>Subject: [TNLINCOL] Cemetery Law >>>To: <[email protected]> >>>Message-ID: <[email protected]> >>>Content-Type: text/plain; charset="iso-8859-1" >>> >>>The current land owner's deed is a matter of public record. A deed >>>search >> for their land and for the cemetery may show whether the cemetery was >> included or excluded in their property deed. An exclusion of the >> cemetery >> from their property would strengthen your position in getting access to >> the >> burials. >>> >>>Margaret >>> >>>------------------------------ >>> >>>To contact the TNLINCOL list administrator, send an email to >>>[email protected] >>> >>>To post a message to the TNLINCOL mailing list, send an email to >> [email protected] >>> >>>__________________________________________________________ >>>To unsubscribe from the list, please send an email to >> [email protected] >>>with the word "unsubscribe" without the quotes in the subject and the >>>body >> of the >>>email with no additional text. >>> >>> >>>End of TNLINCOL Digest, Vol 1, Issue 38 >>>*************************************** >>> >>> >>> >>>-- >>>No virus found in this incoming message. >>>Checked by AVG Free Edition. >>>Version: 7.1.408 / Virus Database: 268.13.9/490 - Release Date: 10/20/06 >>> >>> >> Jesus is my rock! >> >> If you would like to know him also, visit: >> http://www.godssimpleplan.org/gsps.html >> >> Visit my webpage! >> http://www.sorrellsgenealogy.com >> >> Middle TN Cousins visit: >> http://www.chestnutridgecousins.org >> >> Our hobby: >> http://www.indiancreekproductions.com >> >> Searching East TN families: >> ALEXANDER,ANDERSON,BRADBURN,BROOKS,BUIE,CLARK,CLAIBORNE, >> COLEMAN,CRONDAS,DICKSON,ELLEDGE,EVANS,FARMER,HODGE/S, >> INGLE,JAMES,LINN,LORD,McGHOILL,McINTIRE,McLEAN,MORECROFT, >> PAINE/PAYNE,RANDLES,RHODES,SANDRIDGE,TEAGUE,and THURMAN >> >> Searching Middle TN families: >> ALEXANDER,ALLEN,ANDERSON,BLALOCK,BOURLAND,BRENTS,BROWNE, >> BURNES,CLAYTON,CONNALY,CONWELL,CORDING,COX,CREIGHTON, >> CRITTENDEN,DAVIDSON,DAWSON,DEAL,FREEMAN,GALLAGHER, >> GILBERT,GLIDEWELL,GRAHAM,HARRELL,HAWKINS,HAYES,HILL, >> HOLLAND,KING,LAMBERT,LANDIN,LISTON,MARSH,MAXWELL, >> McADAMS,McCANDLESS,McKNITT,McWHORTER,MEALER,MILLINGTON, >> NASH,REDD,REESE,ROBERTS,RUSSELL,RYALLS,SCOTT,SIMPSON, >> SMITH,SORRELL/S,TOLLY,TRENT,WAGSTER,WALLACE, >> WHITE,WHITLOW,WHITSETT,and WILSON >> >> ------------------------------- >> To unsubscribe from the list, please send an email to >> [email protected] with the word 'unsubscribe' without the >> quotes in the subject and the body of the message >> >> >> -- >> No virus found in this incoming message. >> Checked by AVG Free Edition. >> Version: 7.1.408 / Virus Database: 268.13.8/489 - Release Date: >> 10/20/2006 >> > > > ------------------------------- > To unsubscribe from the list, please send an email to > [email protected] with the word 'unsubscribe' without the > quotes in the subject and the body of the message >

Here is the text of the current Tennessee law pertaining to Family Sites: Tennessee Cemetery & Burial Site Laws Statutory Laws (Tennessee Code Annotated) Title 46. Cemeteries 46-1-102. Definitions As used in chapters 1 and 2 of this title, unless the context otherwise requires: (1) "Cemetery" means any land or structure in this state dedicated to and used, or intended to be used, for interment of human remains; (3) "Cemetery purposes" means any and all things requisite or necessary for or incident or convenient to the establishment, maintenance, management, operation, improvement and conduct of a cemetery, the preparation of the premises for interment and the interment of the human dead, and the care, preservation and embellishment of cemetery property; 46-2-105. Crimes and offenses (a) No person shall willfully destroy, deface, or injure any monument, tomb, gravestone, or other structure placed in the cemetery, or any roadway, walk, fence or enclosure in or around the same, or injure any tree, plant or shrub therein, or hunt or shoot therein, play at any game or amusement therein, or loiter for lascivious or lewd purposes therein, or interfere, by words or actions, with any funeral procession or any religious exercises. (b) A violation of this section is a Class E felony. Chapter 4. Termination of Use of Land as Cemetery 46-4-101. Purpose This chapter, which is enacted for the public welfare in the exercise of the police powers of the state of Tennessee, applies to any burial ground in the state of Tennessee, including any land owned or controlled by cemetery companies, which the court to which jurisdiction is given by this chapter finds, for any of the reasons hereinafter stated, is unsuitable for its use as such and as a resting place for the dead whose remains are buried therein, or the further use of which for such purposes the court finds, for any of such reasons, is inconsistent with due and proper reverence or respect for the memory of the dead or otherwise unsuitable for such purposes, the reasons being: (1) The burial ground having been abandoned; or (2) The burial ground being in a neglected or abandoned condition; or (3) The existence of any conditions or activities about or near the burial ground which the court finds render the further use of same for the purposes aforementioned inconsistent with due and proper reverence or respect for the memory of the dead, or for any other reason unsuitable for such purposes. 46-4-102. Definition "Interested persons," as used in this chapter, means any and all persons who have any right or easement or other right in, or incident or appurtenant to, a burial ground as such, including the surviving spouse and children, or if no surviving spouse or children, the nearest relative or relatives by consanguinity of any one (1) or more deceased persons whose remains are buried in any burial ground. 46-4-103. Actions and proceedings (a) Any interested person or persons, and/or any county in this state in which any such burial ground is situated, and/or any municipality in this state if any such burial ground is situated in such municipality or within one (1) mile of the lawful corporate limits thereof and not beyond the limits of the county in which any part of any such municipality is situated and not within the lawful corporate limits of any other municipality in Tennessee, may bring or join in a suit in the chancery court of the county in which any such burial ground is situated, for the following purpose or purposes: (1) To have the remains of all deceased persons buried in such ground removed therefrom and reburied in a suitable repository to be obtained for that purpose before their removal from such burial ground; (2) To terminate the use of, and all rights and easements to use such ground as a burial ground, and all rights and easements incident or appurtenant to the ground as a burial ground; and (3) Thereupon, to partition or sell for partition the ground if the court finds that it belongs to two (2) or more persons and if any one (1) or more of the owners thereof shall apply for such partition. The authority of all municipalities in the state of Tennessee is extended, for the sole purpose of bringing or joining in any such suit by any such municipality, but for no other purpose, to a distance of one (1) mile from the lawful corporate limits thereof but not beyond the limits of the county in which any part of any such municipality is situated and not so as to come within the lawful corporate limits of any other municipality of the state of Tennessee. (b) In any such suit, all interested persons who are not complainants shall be made defendants, and the owner or owners of the land or of any right of reversion or other right or interest therein, if such owner or owners shall be or include other than the interested persons, shall also be made defendants. Interested persons who are minors or otherwise incompetent or under disability may become complainants by guardian or next friend. All known defendants who are minors or otherwise incompetent or under disability shall be represented by guardian ad litem. Nonresident and unknown defendants may be proceeded against by order of publication, and publication, in the manner provided by law. 46-4-104. Judgments and decrees; removal and reinterment Such removal and reinterment, and other relief described in Sec. 46-4-103, including partition or sale for partition if prayed for and if the court finds the conditions for partition exist as provided in Sec. 46-4-103, shall be granted, authorized, decreed and ordered by the court upon the court finding, upon the hearing of the cause upon the entire record, including the pleadings and proof, that any one (1) or more of the reasons specified in Sec. 46-4-101 exist, and that, due to the same, the burial ground is unsuitable for use as a burial ground and as a resting place for the dead whose remains are buried therein, or that the further use thereof for those purposes is inconsistent with due and proper reverence or respect for the memory of the dead, or for any other reason unsuitable for those purposes; but the removal and reinterment and such other relief shall be granted, authorized, ordered and decreed only upon it being shown to the satisfaction of the court that definite arrangements have been made, or before the removal will be made, for reinterment of all of the remains in a place found by the court to be suitable for such reinterment; that for such purpose there have been obtained, or before the removal there will be obtained, either the fee simple title to the place of reinterment or adequate permanent right and easement to use the same for such reinterment, and adequate permanent right and easement of access thereto for visitation; that the removal and reinterment of all the remains will be done with due care and decency, and that suitable memorial or memorials will be erected at the place of reinterment. Chapter 8. Family Burial Grounds Protection. Effective date May 8, 1996. 46-8-101. Short title This chapter shall be known and may be cited as the "Family Burial Grounds Protection Act." This chapter is intended to provide notice to buyers of property with known burial grounds and gravesites. It does not remove any protection to those sites under existing laws. 46-8-102. Definitions As used in this part, unless the context otherwise requires: (1) "Crypt" has the same meaning as used in §46-1-102(8); (2) "Gravesite" means a space of ground used for lawful interment of a deceased person; and (3) "Human remains" or "remains" has the same meaning as used in §46-1-102(10). 46-8-103. Duty to protect graves or crypt -- Disturbances prohibited -- Transfer of remains. (a) A deed for real property which indicates the presence of a gravesite or crypt containing human remains on the property conveyed obligates the immediate and future buyer(s) of the property to protect such gravesite or crypt from disturbance. The owner of real property has the responsibility for taking appropriate action, prior to conveying such property, to ensure that the deed reflects the presence of the gravesite or crypt on such property. (b) Real property which has a deed that reflects the presence of human remains on the property is protected from disturbance or development as follows: (1) A gravesite may not be disturbed in the area of ten feet (10") surrounding the perimeter of the gravesite; and (2) A crypt may not be disturbed in the area of five feet (5') surrounding the perimeter of the crypt. (c) The owner of real property which has a deed that reflects the presence of human remains on the property has the option of transferring the remains, at the owner's expense, pursuant to the procedure for termination of use as a cemetery in chapter 4 of this title. Upon complete transfer of all human remains from such property which are properly described on the deed, the buyer has the right to the use of the area previously containing the remains as is consistent for the remainder of the property. Title 39. Criminal Offenses Chapter 17. Offenses Against Public Health, Safety and Welfare Part 3 -- Disorderly Conduct and Riots 39-17-311. Desecration; honored places or flags (a) A person commits an offense who intentionally desecrates: (1) A place of worship or burial; or (2) A state or national flag. (b) A violation of this section is a Class A misdemeanor. 39-17-312. Corpses; abuse (a) A person commits an offense who, without legal privilege, knowingly: (1) Physically mistreats a corpse in a manner offensive to the sensibilities of an ordinary person; (2) Disinters a corpse that has been buried or otherwise interred; or (3) Disposes of a corpse in a manner known to be in violation of law. (b) A violation of this section is a Class E felony. Title 68. Health, Safety and Environmental Protection Chapter 3. Vital Records Part 5 -- Deaths 68-3-508. Disinterment; reinterment (a) Authorization for disinterment and reinterment in cases of movement of cemeteries or parts of cemeteries or for reuniting families shall be required prior to disinterment of a dead body or fetus. (b) Such authorization shall be issued by the state registrar to a licensed funeral director or person acting as such, upon proper application. 68-4-110. Disinterment; rules and regulations The department of health is empowered to prepare suitable regulations governing the disinterment of dead bodies for the protection of public health. Case Laws (Tennessee Supreme Court Decisions) Walter Hines v. State 149 SW 1058-1060 (1911) Case argued and determined in the Supreme Court of Tennessee for the Middle Division. Nashville, December Term, 1911. Cemeteries. Land devoted and used as a burial ground is held in trust for that purpose by the owner and his successors in title. Where the owner of land definitely appropriated and devoted a small part thereof as a private family burial ground, and it has been used as such, the land cannot be conveyed or devised so as to interfere with such use, because such owner, his grantees, devisees, and heirs hold the title in trust for the benefit of those entitled to a right or easement of burial in it, who also have the right to visit the cemetery for the purpose of repairing, beautifying, and protecting the graves and grounds, and, for these purposes, they have a right of ingress and egress from the nearest public road, to be exercised at reasonable times and in a reasonable manner. Cemeteries. Land... Descendants of landowner devoting land to family burial ground are entitled to burial therein. Where the owner of the land definitely appropriated and devoted a small part thereof as a private family burial ground, and it has been used as such, the right of burial extends to all the descendants of the owner, and they may exercise it when the necessity arises. Cemeteries. Land... Descendants... Purchaser takes land subject to burial rights in a lot devoted to private family burial ground, though there be no express reservation. Where a small part of a tract of land has been devoted to a private family burial use by the owner, those thereafter purchasing the land take it subject to the aforesaid burial rights, without any express reservation in the deed or will under which they take; for such reservation is implied, and purchasers are charged with notice of the fact that the particular lot has been dedicated to burial purposes, and of the rights of descendants and relatives of those there buried. Burial lots, whether public or private, are not the subject of trade and commerce, and it is always presumed that they are not included in the sale of land which surrounds them. Cemeteries. Land... Descendants... Purchaser... Burial ground rights are not barred by statutes of limitations so long as graves are marked by monuments, gravestones, or otherwise. The right to use a private burial ground as such is not barred by the statute of limitations, so long as it is kept inclosed ; or, if uninclosed, so long as the monuments and gravestones marking the graves are there, or other attention is given to the graves, so as to show and perpetuate the sacred object and purpose to which the land has been devoted; for possession by the living is not required, in such case, to prevent the acquirement of title by the adverse possession of the owner of the fee, so long as the dead are there buried, their graves are marked, and any acts are done tending to preserve their memory and mark their last resting place. Cemeteries. Desecration of private burial ground and graves therein, and wrongful obstruction of way thereto, are misdemeanors. The desecration of a private burial ground, and graves therein, and the wrongful obstruction of the easement of a right of way from the public road thereto, as against those entitled to use it, are misdemeanors, subject to punishment under the statutes applicable to offenses of that character. It is the responsibility of law enforcement personnel with jurisdiction over the location of the cemetery to enforce these laws. If you are aware of any violations, you should immediately contact local law enforcement authorities for action. If law enforcement personnel do not handle the situation to your satisfaction, you should contact the state's chief archaeologist in care of the Department of Environmental Conservation in Nashville. For an interpretation of any Tennessee legal matters, and to receive the most up-to-date laws, please contact an attorney licensed to practice in this state.

Sherry, Are you talking about legislation in Tennessee? If that is the case, that is interesting. Here in North Carolina we already have laws on the books that not only protect family burial grounds but assures decendants access to their family burial spots. A few years ago I compiled a book on the cemeteries of our county. That led in turn to cemetery protection and decendant access. As it turned out there were already laws on the books. I had a few cases of property owners trying to stop me from going into cemeteries, but the way around was that I found a decendant of a known occupant of the cemetery I wanted to visit, which wasn't too hard to do in our county, went to the local sherriffs office, the sherriff would send a patrolman out there to inform the property owner that he could not prohibit our access to the cemetery. But, like I said, this only happened a few times, maybe four or five times out of the 447 cemeteries I was able to document. I would gladly work with anyone wanting to get some legislation going in Tennessee which would allow access to family burial grounds. John ----- Original Message ----- From: "Mark & Sherry Finchum" <[email protected]> To: <[email protected]> Sent: Monday, October 23, 2006 6:37 AM Subject: [TNLINCOL] Cemetery Laws > This is a project that I have tried to work on. There has been a bill to > strenthen our rights as decendants to have access to the gravesites, but > the last I knew, no action had been taken to further this bill. > > I sent many cemetery examples to my senator and representative in regard > to > this bill, as well as a copy to the chair of the committee and both the > senator and representative that sponsored the bill. > > Seems that no one in the legislature really cares much about this. The > Farm Bureau has gotten involved and their lobbiest have blocked it at > every > turn! > > -Sherry > > At 11:01 PM 10/22/2006 -0600, you wrote: >> >> >> >>Today's Topics: >> >> 1. Cemetery Protective Laws (john v. burns) >> 2. Re: Cemetery Protective Laws ([email protected]) >> 3. Re: Cemetery Protective Laws (john v. burns) >> 4. Re: Cemetery Protective Laws ([email protected]) >> 5. Re: Cemetery Protective Laws (john v. burns) >> 6. Cemetery Law (Margaret Behel) >> >> >>---------------------------------------------------------------------- >> >>Message: 1 >>Date: Sun, 22 Oct 2006 11:41:01 -0400 >>From: "john v. burns" <[email protected]> >>Subject: [TNLINCOL] Cemetery Protective Laws >>To: <[email protected]> >>Message-ID: <[email protected]> >>Content-Type: text/plain; charset="iso-8859-1" >> >>Does anyone know if the state of Tennessee has any protective laws > covering old family cemeteries? >> >>Case in point: There is an old family cemeetery in Giles County, that a > family member has gone into and replaced the old, deterated stones with > new, beautiful, expensive stones. There was a fence enclosing the cemetery > at one time but the farmer that owns the property has alloed the fence to > deterate to the point that his cows now have free roam of the cemetery. >> >>These cows have over turned most of the stones, now walk over them and > splatter their waste over these beautiful stones. >> >>I guess what I would like to find out is if the [property owner is > responsible for maintaining the fence? Can he be forced to restore the > fence? What would be involved for decendants of the people buried there to > put up a new, chain link fence? >> >>Any suggestions or information to this regard greatly appreciated. >> >>John >> >>------------------------------ >> >>Message: 2 >>Date: Sun, 22 Oct 2006 14:58:21 EDT >>From: [email protected] >>Subject: Re: [TNLINCOL] Cemetery Protective Laws >>To: [email protected] >>Message-ID: <[email protected]> >>Content-Type: text/plain; charset="US-ASCII" >> >>The following will hopefully answer your questions about the law. >>Enforcement may be difficult, however, >> >>_http://www.tngenweb.org/law/cemetery-law.html_ >>(http://www.tngenweb.org/law/cemetery-law.html) >> >>Sonja Bedwell >>[email protected]_ (mailto:[email protected]) >> >> >>------------------------------ >> >>Message: 3 >>Date: Sun, 22 Oct 2006 15:23:07 -0400 >>From: "john v. burns" <[email protected]> >>Subject: Re: [TNLINCOL] Cemetery Protective Laws >>To: <[email protected]> >>Message-ID: <[email protected]> >>Content-Type: text/plain; format=flowed; charset="iso-8859-1"; >> reply-type=original >> >>Thank you. Will look it over. >> >>John >>----- Original Message ----- >>From: <[email protected]> >>To: <[email protected]> >>Sent: Sunday, October 22, 2006 2:58 PM >>Subject: Re: [TNLINCOL] Cemetery Protective Laws >> >> >>> The following will hopefully answer your questions about the law. >>> Enforcement may be difficult, however, >>> >>> _http://www.tngenweb.org/law/cemetery-law.html_ >>> (http://www.tngenweb.org/law/cemetery-law.html) >>> >>> Sonja Bedwell >>> [email protected]_ (mailto:[email protected]) >>> >>> ------------------------------- >>> To unsubscribe from the list, please send an email to >>> [email protected] with the word 'unsubscribe' without the >>> quotes in the subject and the body of the message >>> >>> >>> -- >>> No virus found in this incoming message. >>> Checked by AVG Free Edition. >>> Version: 7.1.408 / Virus Database: 268.13.8/489 - Release Date: >>> 10/20/2006 >>> >>> >> >> >> >>------------------------------ >> >>Message: 4 >>Date: Sun, 22 Oct 2006 19:10:00 -0400 >>From: <[email protected]> >>Subject: Re: [TNLINCOL] Cemetery Protective Laws >>To: <[email protected]> >>Message-ID: >> <[email protected]et> >>Content-Type: text/plain; charset=ISO-8859-1 >> >>Hi Sonja, >>What are the cemetrey potection laws and who owens the cemetery, I have >>been >>trying to get to a cemetery where my grandparents are buried. But the > people who >>own the land where the cemetery is on. will not let my brotyhers and our > family go thru >>their land to get to ther cemetery they have it fenced. So how do we get > to the cemetery >>to clean it off and put stone back which are knocked over and broken. The > last person >>buried ther was 30 yrs ago. Thank you .willow beard >>> >>> From: [email protected] >>> Date: 2006/10/22 Sun PM 02:58:21 EDT >>> To: [email protected] >>> Subject: Re: [TNLINCOL] Cemetery Protective Laws >>> >>> The following will hopefully answer your questions about the law. >>> Enforcement may be difficult, however, >>> >>> _http://www.tngenweb.org/law/cemetery-law.html_ >>> (http://www.tngenweb.org/law/cemetery-law.html) >>> >>> Sonja Bedwell >>> [email protected]_ (mailto:[email protected]) >>> >>> ------------------------------- >>> To unsubscribe from the list, please send an email to > [email protected] with the word 'unsubscribe' without the > quotes in the subject and the body of the message >>> >> >> >> >>------------------------------ >> >>Message: 5 >>Date: Sun, 22 Oct 2006 19:36:26 -0400 >>From: "john v. burns" <[email protected]> >>Subject: Re: [TNLINCOL] Cemetery Protective Laws >>To: <[email protected]> >>Message-ID: <[email protected]> >>Content-Type: text/plain; format=flowed; charset="iso-8859-1"; >> reply-type=original >> >>i hope you don't mind my butting in and, Sonja, correct me if I am wrong. >> >>But, from the way I understand the law, if you are a decendant of anyone >>buried in that cemetery, the present owners cannot stop you from visiting >>and cleaning up the cemetery. You might have to visit the local sherriffs >>office to have them pay a visit to the property owner and explain the law >>to >>them. >> >>This is getting to be a problem all across the country and, I think, will >>continue to be a problem. People just do not understand that decendants >>have >>a right to access to their ancestors burial places. >> >>john >>----- Original Message ----- >>From: <[email protected]> >>To: <[email protected]> >>Sent: Sunday, October 22, 2006 7:10 PM >>Subject: Re: [TNLINCOL] Cemetery Protective Laws >> >> >>> Hi Sonja, >>> What are the cemetrey potection laws and who owens the cemetery, I have >>> been >>> trying to get to a cemetery where my grandparents are buried. But the >>> people who >>> own the land where the cemetery is on. will not let my brotyhers and our >>> family go thru >>> their land to get to ther cemetery they have it fenced. So how do we >>> get >>> to the cemetery >>> to clean it off and put stone back which are knocked over and broken. >>> The >>> last person >>> buried ther was 30 yrs ago. Thank you .willow beard >>>> >>>> From: [email protected] >>>> Date: 2006/10/22 Sun PM 02:58:21 EDT >>>> To: [email protected] >>>> Subject: Re: [TNLINCOL] Cemetery Protective Laws >>>> >>>> The following will hopefully answer your questions about the law. >>>> Enforcement may be difficult, however, >>>> >>>> _http://www.tngenweb.org/law/cemetery-law.html_ >>>> (http://www.tngenweb.org/law/cemetery-law.html) >>>> >>>> Sonja Bedwell >>>> [email protected]_ (mailto:[email protected]) >>>> >>>> ------------------------------- >>>> To unsubscribe from the list, please send an email to >>>> [email protected] with the word 'unsubscribe' without the >>>> quotes in the subject and the body of the message >>>> >>> >>> >>> ------------------------------- >>> To unsubscribe from the list, please send an email to >>> [email protected] with the word 'unsubscribe' without the >>> quotes in the subject and the body of the message >>> >>> >>> -- >>> No virus found in this incoming message. >>> Checked by AVG Free Edition. >>> Version: 7.1.408 / Virus Database: 268.13.8/489 - Release Date: >>> 10/20/2006 >>> >>> >> >> >> >>------------------------------ >> >>Message: 6 >>Date: Sun, 22 Oct 2006 18:51:22 -0500 >>From: "Margaret Behel" <[email protected]> >>Subject: [TNLINCOL] Cemetery Law >>To: <[email protected]> >>Message-ID: <[email protected]> >>Content-Type: text/plain; charset="iso-8859-1" >> >>The current land owner's deed is a matter of public record. A deed search > for their land and for the cemetery may show whether the cemetery was > included or excluded in their property deed. An exclusion of the cemetery > from their property would strengthen your position in getting access to > the > burials. >> >>Margaret >> >>------------------------------ >> >>To contact the TNLINCOL list administrator, send an email to >>[email protected] >> >>To post a message to the TNLINCOL mailing list, send an email to > [email protected] >> >>__________________________________________________________ >>To unsubscribe from the list, please send an email to > [email protected] >>with the word "unsubscribe" without the quotes in the subject and the body > of the >>email with no additional text. >> >> >>End of TNLINCOL Digest, Vol 1, Issue 38 >>*************************************** >> >> >> >>-- >>No virus found in this incoming message. >>Checked by AVG Free Edition. >>Version: 7.1.408 / Virus Database: 268.13.9/490 - Release Date: 10/20/06 >> >> > Jesus is my rock! > > If you would like to know him also, visit: > http://www.godssimpleplan.org/gsps.html > > Visit my webpage! > http://www.sorrellsgenealogy.com > > Middle TN Cousins visit: > http://www.chestnutridgecousins.org > > Our hobby: > http://www.indiancreekproductions.com > > Searching East TN families: > ALEXANDER,ANDERSON,BRADBURN,BROOKS,BUIE,CLARK,CLAIBORNE, > COLEMAN,CRONDAS,DICKSON,ELLEDGE,EVANS,FARMER,HODGE/S, > INGLE,JAMES,LINN,LORD,McGHOILL,McINTIRE,McLEAN,MORECROFT, > PAINE/PAYNE,RANDLES,RHODES,SANDRIDGE,TEAGUE,and THURMAN > > Searching Middle TN families: > ALEXANDER,ALLEN,ANDERSON,BLALOCK,BOURLAND,BRENTS,BROWNE, > BURNES,CLAYTON,CONNALY,CONWELL,CORDING,COX,CREIGHTON, > CRITTENDEN,DAVIDSON,DAWSON,DEAL,FREEMAN,GALLAGHER, > GILBERT,GLIDEWELL,GRAHAM,HARRELL,HAWKINS,HAYES,HILL, > HOLLAND,KING,LAMBERT,LANDIN,LISTON,MARSH,MAXWELL, > McADAMS,McCANDLESS,McKNITT,McWHORTER,MEALER,MILLINGTON, > NASH,REDD,REESE,ROBERTS,RUSSELL,RYALLS,SCOTT,SIMPSON, > SMITH,SORRELL/S,TOLLY,TRENT,WAGSTER,WALLACE, > WHITE,WHITLOW,WHITSETT,and WILSON > > ------------------------------- > To unsubscribe from the list, please send an email to > [email protected] with the word 'unsubscribe' without the > quotes in the subject and the body of the message > > > -- > No virus found in this incoming message. > Checked by AVG Free Edition. > Version: 7.1.408 / Virus Database: 268.13.8/489 - Release Date: 10/20/2006 >

This is a project that I have tried to work on. There has been a bill to strenthen our rights as decendants to have access to the gravesites, but the last I knew, no action had been taken to further this bill. I sent many cemetery examples to my senator and representative in regard to this bill, as well as a copy to the chair of the committee and both the senator and representative that sponsored the bill. Seems that no one in the legislature really cares much about this. The Farm Bureau has gotten involved and their lobbiest have blocked it at every turn! -Sherry At 11:01 PM 10/22/2006 -0600, you wrote: > > > >Today's Topics: > > 1. Cemetery Protective Laws (john v. burns) > 2. Re: Cemetery Protective Laws ([email protected]) > 3. Re: Cemetery Protective Laws (john v. burns) > 4. Re: Cemetery Protective Laws ([email protected]) > 5. Re: Cemetery Protective Laws (john v. burns) > 6. Cemetery Law (Margaret Behel) > > >---------------------------------------------------------------------- > >Message: 1 >Date: Sun, 22 Oct 2006 11:41:01 -0400 >From: "john v. burns" <[email protected]> >Subject: [TNLINCOL] Cemetery Protective Laws >To: <[email protected]> >Message-ID: <[email protected]> >Content-Type: text/plain; charset="iso-8859-1" > >Does anyone know if the state of Tennessee has any protective laws covering old family cemeteries? > >Case in point: There is an old family cemeetery in Giles County, that a family member has gone into and replaced the old, deterated stones with new, beautiful, expensive stones. There was a fence enclosing the cemetery at one time but the farmer that owns the property has alloed the fence to deterate to the point that his cows now have free roam of the cemetery. > >These cows have over turned most of the stones, now walk over them and splatter their waste over these beautiful stones. > >I guess what I would like to find out is if the [property owner is responsible for maintaining the fence? Can he be forced to restore the fence? What would be involved for decendants of the people buried there to put up a new, chain link fence? > >Any suggestions or information to this regard greatly appreciated. > >John > >------------------------------ > >Message: 2 >Date: Sun, 22 Oct 2006 14:58:21 EDT >From: [email protected] >Subject: Re: [TNLINCOL] Cemetery Protective Laws >To: [email protected] >Message-ID: <[email protected]> >Content-Type: text/plain; charset="US-ASCII" > >The following will hopefully answer your questions about the law. >Enforcement may be difficult, however, > >_http://www.tngenweb.org/law/cemetery-law.html_ >(http://www.tngenweb.org/law/cemetery-law.html) > >Sonja Bedwell >[email protected]_ (mailto:[email protected]) > > >------------------------------ > >Message: 3 >Date: Sun, 22 Oct 2006 15:23:07 -0400 >From: "john v. burns" <[email protected]> >Subject: Re: [TNLINCOL] Cemetery Protective Laws >To: <[email protected]> >Message-ID: <[email protected]> >Content-Type: text/plain; format=flowed; charset="iso-8859-1"; > reply-type=original > >Thank you. Will look it over. > >John >----- Original Message ----- >From: <[email protected]> >To: <[email protected]> >Sent: Sunday, October 22, 2006 2:58 PM >Subject: Re: [TNLINCOL] Cemetery Protective Laws > > >> The following will hopefully answer your questions about the law. >> Enforcement may be difficult, however, >> >> _http://www.tngenweb.org/law/cemetery-law.html_ >> (http://www.tngenweb.org/law/cemetery-law.html) >> >> Sonja Bedwell >> [email protected]_ (mailto:[email protected]) >> >> ------------------------------- >> To unsubscribe from the list, please send an email to >> [email protected] with the word 'unsubscribe' without the >> quotes in the subject and the body of the message >> >> >> -- >> No virus found in this incoming message. >> Checked by AVG Free Edition. >> Version: 7.1.408 / Virus Database: 268.13.8/489 - Release Date: 10/20/2006 >> >> > > > >------------------------------ > >Message: 4 >Date: Sun, 22 Oct 2006 19:10:00 -0400 >From: <[email protected]> >Subject: Re: [TNLINCOL] Cemetery Protective Laws >To: <[email protected]> >Message-ID: > <[email protected]et> >Content-Type: text/plain; charset=ISO-8859-1 > >Hi Sonja, >What are the cemetrey potection laws and who owens the cemetery, I have been >trying to get to a cemetery where my grandparents are buried. But the people who >own the land where the cemetery is on. will not let my brotyhers and our family go thru >their land to get to ther cemetery they have it fenced. So how do we get to the cemetery >to clean it off and put stone back which are knocked over and broken. The last person >buried ther was 30 yrs ago. Thank you .willow beard >> >> From: [email protected] >> Date: 2006/10/22 Sun PM 02:58:21 EDT >> To: [email protected] >> Subject: Re: [TNLINCOL] Cemetery Protective Laws >> >> The following will hopefully answer your questions about the law. >> Enforcement may be difficult, however, >> >> _http://www.tngenweb.org/law/cemetery-law.html_ >> (http://www.tngenweb.org/law/cemetery-law.html) >> >> Sonja Bedwell >> [email protected]_ (mailto:[email protected]) >> >> ------------------------------- >> To unsubscribe from the list, please send an email to [email protected] with the word 'unsubscribe' without the quotes in the subject and the body of the message >> > > > >------------------------------ > >Message: 5 >Date: Sun, 22 Oct 2006 19:36:26 -0400 >From: "john v. burns" <[email protected]> >Subject: Re: [TNLINCOL] Cemetery Protective Laws >To: <[email protected]> >Message-ID: <[email protected]> >Content-Type: text/plain; format=flowed; charset="iso-8859-1"; > reply-type=original > >i hope you don't mind my butting in and, Sonja, correct me if I am wrong. > >But, from the way I understand the law, if you are a decendant of anyone >buried in that cemetery, the present owners cannot stop you from visiting >and cleaning up the cemetery. You might have to visit the local sherriffs >office to have them pay a visit to the property owner and explain the law to >them. > >This is getting to be a problem all across the country and, I think, will >continue to be a problem. People just do not understand that decendants have >a right to access to their ancestors burial places. > >john >----- Original Message ----- >From: <[email protected]> >To: <[email protected]> >Sent: Sunday, October 22, 2006 7:10 PM >Subject: Re: [TNLINCOL] Cemetery Protective Laws > > >> Hi Sonja, >> What are the cemetrey potection laws and who owens the cemetery, I have >> been >> trying to get to a cemetery where my grandparents are buried. But the >> people who >> own the land where the cemetery is on. will not let my brotyhers and our >> family go thru >> their land to get to ther cemetery they have it fenced. So how do we get >> to the cemetery >> to clean it off and put stone back which are knocked over and broken. The >> last person >> buried ther was 30 yrs ago. Thank you .willow beard >>> >>> From: [email protected] >>> Date: 2006/10/22 Sun PM 02:58:21 EDT >>> To: [email protected] >>> Subject: Re: [TNLINCOL] Cemetery Protective Laws >>> >>> The following will hopefully answer your questions about the law. >>> Enforcement may be difficult, however, >>> >>> _http://www.tngenweb.org/law/cemetery-law.html_ >>> (http://www.tngenweb.org/law/cemetery-law.html) >>> >>> Sonja Bedwell >>> [email protected]_ (mailto:[email protected]) >>> >>> ------------------------------- >>> To unsubscribe from the list, please send an email to >>> [email protected] with the word 'unsubscribe' without the >>> quotes in the subject and the body of the message >>> >> >> >> ------------------------------- >> To unsubscribe from the list, please send an email to >> [email protected] with the word 'unsubscribe' without the >> quotes in the subject and the body of the message >> >> >> -- >> No virus found in this incoming message. >> Checked by AVG Free Edition. >> Version: 7.1.408 / Virus Database: 268.13.8/489 - Release Date: 10/20/2006 >> >> > > > >------------------------------ > >Message: 6 >Date: Sun, 22 Oct 2006 18:51:22 -0500 >From: "Margaret Behel" <[email protected]> >Subject: [TNLINCOL] Cemetery Law >To: <[email protected]> >Message-ID: <[email protected]> >Content-Type: text/plain; charset="iso-8859-1" > >The current land owner's deed is a matter of public record. A deed search for their land and for the cemetery may show whether the cemetery was included or excluded in their property deed. An exclusion of the cemetery from their property would strengthen your position in getting access to the burials. > >Margaret > >------------------------------ > >To contact the TNLINCOL list administrator, send an email to >[email protected] > >To post a message to the TNLINCOL mailing list, send an email to [email protected] > >__________________________________________________________ >To unsubscribe from the list, please send an email to [email protected] >with the word "unsubscribe" without the quotes in the subject and the body of the >email with no additional text. > > >End of TNLINCOL Digest, Vol 1, Issue 38 >*************************************** > > > >-- >No virus found in this incoming message. >Checked by AVG Free Edition. >Version: 7.1.408 / Virus Database: 268.13.9/490 - Release Date: 10/20/06 > > Jesus is my rock! If you would like to know him also, visit: http://www.godssimpleplan.org/gsps.html Visit my webpage! http://www.sorrellsgenealogy.com Middle TN Cousins visit: http://www.chestnutridgecousins.org Our hobby: http://www.indiancreekproductions.com Searching East TN families: ALEXANDER,ANDERSON,BRADBURN,BROOKS,BUIE,CLARK,CLAIBORNE, COLEMAN,CRONDAS,DICKSON,ELLEDGE,EVANS,FARMER,HODGE/S, INGLE,JAMES,LINN,LORD,McGHOILL,McINTIRE,McLEAN,MORECROFT, PAINE/PAYNE,RANDLES,RHODES,SANDRIDGE,TEAGUE,and THURMAN Searching Middle TN families: ALEXANDER,ALLEN,ANDERSON,BLALOCK,BOURLAND,BRENTS,BROWNE, BURNES,CLAYTON,CONNALY,CONWELL,CORDING,COX,CREIGHTON, CRITTENDEN,DAVIDSON,DAWSON,DEAL,FREEMAN,GALLAGHER, GILBERT,GLIDEWELL,GRAHAM,HARRELL,HAWKINS,HAYES,HILL, HOLLAND,KING,LAMBERT,LANDIN,LISTON,MARSH,MAXWELL, McADAMS,McCANDLESS,McKNITT,McWHORTER,MEALER,MILLINGTON, NASH,REDD,REESE,ROBERTS,RUSSELL,RYALLS,SCOTT,SIMPSON, SMITH,SORRELL/S,TOLLY,TRENT,WAGSTER,WALLACE, WHITE,WHITLOW,WHITSETT,and WILSON

i hope you don't mind my butting in and, Sonja, correct me if I am wrong. But, from the way I understand the law, if you are a decendant of anyone buried in that cemetery, the present owners cannot stop you from visiting and cleaning up the cemetery. You might have to visit the local sherriffs office to have them pay a visit to the property owner and explain the law to them. This is getting to be a problem all across the country and, I think, will continue to be a problem. People just do not understand that decendants have a right to access to their ancestors burial places. john ----- Original Message ----- From: <[email protected]> To: <[email protected]> Sent: Sunday, October 22, 2006 7:10 PM Subject: Re: [TNLINCOL] Cemetery Protective Laws > Hi Sonja, > What are the cemetrey potection laws and who owens the cemetery, I have > been > trying to get to a cemetery where my grandparents are buried. But the > people who > own the land where the cemetery is on. will not let my brotyhers and our > family go thru > their land to get to ther cemetery they have it fenced. So how do we get > to the cemetery > to clean it off and put stone back which are knocked over and broken. The > last person > buried ther was 30 yrs ago. Thank you .willow beard >> >> From: [email protected] >> Date: 2006/10/22 Sun PM 02:58:21 EDT >> To: [email protected] >> Subject: Re: [TNLINCOL] Cemetery Protective Laws >> >> The following will hopefully answer your questions about the law. >> Enforcement may be difficult, however, >> >> _http://www.tngenweb.org/law/cemetery-law.html_ >> (http://www.tngenweb.org/law/cemetery-law.html) >> >> Sonja Bedwell >> [email protected]_ (mailto:[email protected]) >> >> ------------------------------- >> To unsubscribe from the list, please send an email to >> [email protected] with the word 'unsubscribe' without the >> quotes in the subject and the body of the message >> > > > ------------------------------- > To unsubscribe from the list, please send an email to > [email protected] with the word 'unsubscribe' without the > quotes in the subject and the body of the message > > > -- > No virus found in this incoming message. > Checked by AVG Free Edition. > Version: 7.1.408 / Virus Database: 268.13.8/489 - Release Date: 10/20/2006 > >

Hi Sonja, What are the cemetrey potection laws and who owens the cemetery, I have been trying to get to a cemetery where my grandparents are buried. But the people who own the land where the cemetery is on. will not let my brotyhers and our family go thru their land to get to ther cemetery they have it fenced. So how do we get to the cemetery to clean it off and put stone back which are knocked over and broken. The last person buried ther was 30 yrs ago. Thank you .willow beard > > From: [email protected] > Date: 2006/10/22 Sun PM 02:58:21 EDT > To: [email protected] > Subject: Re: [TNLINCOL] Cemetery Protective Laws > > The following will hopefully answer your questions about the law. > Enforcement may be difficult, however, > > _http://www.tngenweb.org/law/cemetery-law.html_ > (http://www.tngenweb.org/law/cemetery-law.html) > > Sonja Bedwell > [email protected]_ (mailto:[email protected]) > > ------------------------------- > To unsubscribe from the list, please send an email to [email protected] with the word 'unsubscribe' without the quotes in the subject and the body of the message >

The current land owner's deed is a matter of public record. A deed search for their land and for the cemetery may show whether the cemetery was included or excluded in their property deed. An exclusion of the cemetery from their property would strengthen your position in getting access to the burials. Margaret

Thank you. Will look it over. John ----- Original Message ----- From: <[email protected]> To: <[email protected]> Sent: Sunday, October 22, 2006 2:58 PM Subject: Re: [TNLINCOL] Cemetery Protective Laws > The following will hopefully answer your questions about the law. > Enforcement may be difficult, however, > > _http://www.tngenweb.org/law/cemetery-law.html_ > (http://www.tngenweb.org/law/cemetery-law.html) > > Sonja Bedwell > [email protected]_ (mailto:[email protected]) > > ------------------------------- > To unsubscribe from the list, please send an email to > [email protected] with the word 'unsubscribe' without the > quotes in the subject and the body of the message > > > -- > No virus found in this incoming message. > Checked by AVG Free Edition. > Version: 7.1.408 / Virus Database: 268.13.8/489 - Release Date: 10/20/2006 > >

The following will hopefully answer your questions about the law. Enforcement may be difficult, however, _http://www.tngenweb.org/law/cemetery-law.html_ (http://www.tngenweb.org/law/cemetery-law.html) Sonja Bedwell [email protected]_ (mailto:[email protected])

Does anyone know if the state of Tennessee has any protective laws covering old family cemeteries? Case in point: There is an old family cemeetery in Giles County, that a family member has gone into and replaced the old, deterated stones with new, beautiful, expensive stones. There was a fence enclosing the cemetery at one time but the farmer that owns the property has alloed the fence to deterate to the point that his cows now have free roam of the cemetery. These cows have over turned most of the stones, now walk over them and splatter their waste over these beautiful stones. I guess what I would like to find out is if the [property owner is responsible for maintaining the fence? Can he be forced to restore the fence? What would be involved for decendants of the people buried there to put up a new, chain link fence? Any suggestions or information to this regard greatly appreciated. John

Remember that the 1850 census with Mrs. Lewter & Mable Tuckers notes are on line at the below address courtesy of Diane Casey http://www.azcaseys.com/lookups/lct1850/index.html

There may be a few copies left of the 1850 amended census of LCT by Deane Porch with notes by Mrs. Lewter & Mrs. Mable Tucker. A couple years ago I met Mr. Lewter at the Genealogical Society of LCT. He told me that he had 20 books printed but he was very disappointed in them for the printer made a mistake in the way the numbers of the pages fell. This caused some pages to be duplicated. He did not know at that time if he would have them bound for he had to take them to Nashville. To do so required two trips. He believed that the books would then be too expensive to resell. When at the Society last June they had one of Mr. Lewter's new books. I purchased it for it was in larger print than the book I had. My book has two pages on one sheet while the new book has only one page per sheet. Yes there are some duplicate pages but there is nothing missing and Mrs. Lewter and Mable Tucker's notes are much easier to read. I understand there may be some books left. If you are interested please write to me off the list and I will give you Mrs. Lewters snail mail address. Julia [email protected]

John, thanks for replying. Any (and all) assistance appreciated. Jane B. Smith married Samuel P. Harris(b 1794 Madison Co. KY was Cumberland Presbyterian minister) in 1829 in Maury Co,. TN. ( I have actual date, but my hard drives crashed (no backup) and not organized as yet). she and Samuel were in Franklin Co., TN 1830 Census, just under his father James (James and Susannah Harris were his parents) p 125. Her date of birth is 1809 and she died after 1860 (when Samuel died) in TX. I think I have a note of Samuel and David G. (Gass) as being on a store record 1831 in Madison Co. AL. They were brothers. James B. (Bright) Harris, b 1809 Middle Tn (suspect Franklin Co) m Clementine G. Smith (b abt 1816 in TN) in May, 1835 Madison Co. TN, Oldest child born in TN Apr 1836. He was also a renown Cumberland Presbyterian minister. James B,. was in Washington Co AR 1838, and patented land in Benton and Johnson Cos. When James and Clementine sold out in AR 1845 and started to TX, the deed was witnessed by James P. Spring and John Smith. John Smith married dau of James P. Spring, and could be a brother to Clementine. Clementine and James B. were only married once. He died 1879 and she predeceased him. Thanks, Ann

Thanks for replying. Ann Gary