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Tenn. Code Ann. § 46-4-101

Grounds affected — Facts that justify termination of use

Applied in 3 court decisions — leading case State Ex Rel. Commissioner of Transportation v. Medicine Bird Black Bear White Eagle (2001)

Most recently applied in In Re Order to Encapsulate Native American Indian Gravesites in Concrete & Pave Over With Asphalt (August 2007)

Acts 1949, ch. 15, § 1; C

How often courts cite this section

2001200710
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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 this state, including any land owned or controlled by cemetery companies, that the court to which jurisdiction is given by this chapter finds, for any of the reasons stated in this chapter, is unsuitable for its use as such and as a resting place for the dead whose remains are buried in the burial ground, or the further use of which for those 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 those purposes, the reasons being:

(1) The burial ground is abandoned; or

(2) The burial ground is in a neglected or abandoned condition; or

(3) The existence of any conditions or activities about or near the burial ground that the court finds render the further use of the burial ground for the purposes mentioned in this section that are inconsistent with due and proper reverence or respect for the memory of the dead, or for any other reason unsuitable for those purposes.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.