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    1. Re: [TNLINCOL] Cemetery Laws
    2. Charles O. Schull
    3. > 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]

    10/25/2006 03:55:24