I am sure that is true, Sherry. But can you offer an easier solution? How many times you suppose a person will be denied access to a family burial ground? On the other hand, the land-owner will have legal fees he will have to pay. Actions such as this gets public attention as well. Once the word gets around I am sure gaining access to great-grand-mas grave will get easier. John ----- Original Message ----- From: "Charles O. Schull" <[email protected]> To: <[email protected]> Sent: Thursday, October 26, 2006 12:55 AM Subject: Re: [TNLINCOL] Cemetery Laws >> I certainly understand about rude people who are trespassing. >> Genealogist >> from my experience are very cautious about entering property that belongs >> to another. >> >> I have had the fortunate experience when I have visited my ancestors >> gravesites in Lincoln, Moore, and Marshall. I have been able to do so. >> >> I do have ancestors who are buried in Marshall County in a family >> graveyard >> that has had all of the field stones bull-dozed to one end of the field, >> then corn planted on the same area. Another cousin and myself have >> requested to go on the land and to re-erect the fieldstones and return it >> to it's rightful cemetery, but have been denied that request by the >> current >> landowner. This is a documented cemetery which appears in all of the >> cemetery books. There is no law because we cannot find a document from >> land transactions that set this aside as a family cemetery that will >> allow >> us to do so. >> >> Below is a current bill that will help to strengthen the cemetery law >> that >> is now on the books. Please write to your legislative representatives >> and >> ask them to support it when it comes back to the floor. >> >> http://www.legislature.state.tn.us/bills/currentga/BILL/HB2454.pdf >> >> Information on this page is generally current to within an hour. >> >> *HB2454 by *Jones S, *Shepard. (SB2551 by *Henry.) >> >> Cemeteries - Grants access to private cemeteries to certain persons for >> the >> purpose of tending to graves or genealogical research. - Amends TCA Title >> 46. >> >> Fiscal Summary for *HB2454 / SB2551 >> >> Increase Local Govt. Expenditures - Not Significant >> >> Bill Summary for *HB2454 / SB2551 >> >> This bill would prohibit persons from going to cemeteries or graves that >> are located on private property unless the person has first notified the >> property owner, occupant, or both, and unless the person is coming onto >> the >> property to visit a grave site, maintain the grave site or cemetery, bury >> human remains, or conduct genealogical research. >> >> The landowner would be allowed to designate a particular access route to >> the graves or cemetery if no obvious route is visible. Those persons >> accessing the property would be liable to the landowner for any damage >> occurring from their access and would be expected to refrain from causing >> damage to the property. >> >> Any eligible person denied reasonable access to graves or a cemetery >> located on private property could seek injunctive relief from the >> chancery >> court of the county in which the cemetery or graves are located. >> >> >> >> Herein lies the problem still, if the denial is made, it becomes the >> responsibility of the person who wants access to file a petition to the >> courts to allow this. I'm sure that the court costs are not going to be >> paid by the landowner! >> >> -Sherry >> 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 > > HI MARK & SHERRY, > > You give good advice to be considerate to the land owner. Some land > owners can get a tad cranky just over accusations. My Lincoln Co SHULL > Family Cemetery is a good example. I live so far away that it is like > trying > to communicate with the Mars explorer so I have to rely on a few local > folks > in LCT. As I was informed, the land owner bulldozed the wrought iron > fence, > monuments and what ever markers were there and built a barn over it. The > Lincoln Co Sheriff came out and stopped the contractor doing the work but > proceeded to have a heart attack later and died. I called the sheriff > detective and she said she didn't know if all the work had been stopped > because they heard no more complaints and did not revisit the sight. > > I asked some other folks to take a look from the road and the landowner > called me long distance and accused me of harassing him. I assured him I > was > not and only wanted to know the condition of my family cemetery. He sent > photos of the SHULL monument and some other stones in a plot with some > small > trees. The monument had a gouge in that the cat driver hit with his blade > but things look normal to me except the iron fence is gone. So you see it > can be a touchy situation even from afar so it's best inquire friendly > like > from the landowner to visit your cemetery. Hope the House Bills clear up > some things. > > Sherry, > You research TEAGUE and TOLLY, can you send me some of what you have? > Send > to me personally. > > Regards, > Charlie > > -- > Charles & Beverly Schull > 1953 Yolanda St. > Springfield, OR 97477 > > Phone: 541-746-4097 > E-mail: [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 > >