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Tennessee Code Annotated

Tenn. Code Ann. § 46-4-102 (2026)

"Interested persons" defined

✓ current as of May 2026
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As used in this chapter, unless the context otherwise requires, "interested persons" 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.

Acts 1949, ch. 15, § 2; C. Supp. 1950, § 5379.2 (Williams, §9720.2); T.C.A. (orig. ed.), § 46-402.

Notes of Decisions
Cited in 4 cases, 2001–2007 · 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).
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State Ex Rel. Comm'r of Transp. v. Med. Bird Black Bear White Eagle, 63 S.W.3d 734 (Tenn. Ct. App. 2001). · cites it 42× “We granted the Department’s application for an extraordinary appeal to determine (1) whether the Commission, its executive director, and the individual Native Americans meet the qualifications in Tenn. Code Ann. § 46-4-102 (2000) to participate in these proceedings as…”
All. for Native Am. Indian Rights in Tennessee, Inc. v. Nicely, 182 S.W.3d 333 (Tenn. Ct. App. 2005). · cites it 2× “Tenn.Code Ann. § 46-4-102 defines "interested persons" as: 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…”
In Re Order to Encapsulate Native Am. Indian Gravesites in Concrete & Pave Over With Asphalt, 250 S.W.3d 873 (Tenn. Ct. App. 2007). · cites it 2× “Tenn.Code Ann. § 46-4-102 defines "interested persons” as: 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…”
State v. All Parties with an Interest in the Prop. /Map 158, Parcel 34 (Tenn. Ct. App. 2003). · cites it 2× “In Medicine Bird we held that, under “our interpretation of Tenn. Code Ann. § 46-4-102 , neither the individual Native Americans seeking to intervene in this proceeding nor the executive director of the Commission of Indian Affairs, nor the Commission itself qualify as…”
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