Tennessee Code Annotated
Tenn. Code Ann. § 46-4-101 (2026)
Grounds affected - Facts that justify termination of use
✓ current as of May 2026
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.
Acts 1949, ch. 15, § 1; C. Supp. 1950, §§ 3936.1, 5379.1 (Williams, § 9720.1); modified; T.C.A. (orig. ed.), § 46-401.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 2001–2023 · leading case: State Ex Rel. Comm'r of Transp. v. Med. Bird Black Bear White Eagle, 63 S.W.3d 734 (Tenn. Ct. App. 2001).
State Ex Rel. Comm'r of Transp. v. Med. Bird Black Bear White Eagle, 63 S.W.3d 734 (Tenn. Ct. App. 2001). “Tenn.Code Ann. § 46-4-103(b). Following a hearing, the trial court “shall” grant the request to close the burial ground if the following four conditions are met: (1) any one of the conditions specified in Tenn.”
All. for Native Am. Indian Rights in Tennessee, Inc. v. Nicely, 182 S.W.3d 333 (Tenn. Ct. App. 2005). “These petitions were filed under Tenn.Code Ann. §§ 46-4-101 to -104 (2000) which authorizes the filing of suits in chancery court to terminate the use of land as a cemetery and the disinterment and reinterment of the human remains in another location.”
In Re Order to Encapsulate Native Am. Indian Gravesites in Concrete & Pave Over With Asphalt, 250 S.W.3d 873 (Tenn. Ct. App. 2007). “t; (2) the Trial Court erred in relying on Alliance I when dismissing this case; (3) the Trial Court incorrectly determined that none of the recognized exceptions to the mootness *881 doctrine applied in this case; and (4) the Trial Court erred when it determined that the…”
Darren Perry & Mechelle Perry v. All Unknown Parties Having Any Interest in the Prop. Known as the Mathis Cemetery (Tenn. Ct. App. 2010). “The Perrys undertook to have the remains in the Mathis Cemetery removed from their lot and reinterred in another cemetery, and terminate the use of the property as a burial ground, pursuant to Tenn. Code Ann. §§ 46-4-101 et seq. They attempted to locate descendants of those…”
State v. All Parties with an Interest in the Prop. /Map 158, Parcel 34 (Tenn. Ct. App. 2003). “OPINION On May 4, 1999 the State filed a petition for termination of use of land as a cemetery pursuant to Tenn. Code Ann. § 46-4-101 et seq. In its petition, the State sought permission of the Davidson County Chancery Court to disinter ancient Native American remains located on…”
Church of the Holy Spirit of Wayland v. Heinrich, 204 N.E.3d 363 (Mass. 2023). “12 See Tenn. Code Ann. §§ 46-4-101 et seq. (establishing statutory scheme for closing burial grounds and relocating remains).”
Tenn. Code Ann. § 46-4-101(1): 2 cases
State Ex Rel. Comm'r of Transp. v. Med. Bird Black Bear White Eagle, 63 S.W.3d 734 (Tenn. Ct. App. 2001). “Tenn.Code Ann. § 46-4-103(b). Following a hearing, the trial court “shall” grant the request to close the burial ground if the following four conditions are met: (1) any one of the conditions specified in Tenn.”
Darren Perry & Mechelle Perry v. All Unknown Parties Having Any Interest in the Prop. Known as the Mathis Cemetery (Tenn. Ct. App. 2010). “The Perrys undertook to have the remains in the Mathis Cemetery removed from their lot and reinterred in another cemetery, and terminate the use of the property as a burial ground, pursuant to Tenn. Code Ann. §§ 46-4-101 et seq. They attempted to locate descendants of those…”
Tenn. Code Ann. § 46-4-101(2): 1 case
State Ex Rel. Comm'r of Transp. v. Med. Bird Black Bear White Eagle, 63 S.W.3d 734 (Tenn. Ct. App. 2001). “Tenn.Code Ann. § 46-4-103(b). Following a hearing, the trial court “shall” grant the request to close the burial ground if the following four conditions are met: (1) any one of the conditions specified in Tenn.”
Tenn. Code Ann. § 46-4-101(3): 2 cases
State Ex Rel. Comm'r of Transp. v. Med. Bird Black Bear White Eagle, 63 S.W.3d 734 (Tenn. Ct. App. 2001). “Tenn.Code Ann. § 46-4-103(b). Following a hearing, the trial court “shall” grant the request to close the burial ground if the following four conditions are met: (1) any one of the conditions specified in Tenn.”
Darren Perry & Mechelle Perry v. All Unknown Parties Having Any Interest in the Prop. Known as the Mathis Cemetery (Tenn. Ct. App. 2010). “The Perrys undertook to have the remains in the Mathis Cemetery removed from their lot and reinterred in another cemetery, and terminate the use of the property as a burial ground, pursuant to Tenn. Code Ann. §§ 46-4-101 et seq. They attempted to locate descendants of those…”
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