Tennessee House Bill HB2027

Tennessee 2023-2024 Regular Session

• Introduced: 1/23/24
• Refer: 1/25/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 4; Title 26; Title 35; Title 46 and Title 62, Chapter 5, relative to grave spaces.

Impact

The bill stipulates that once a grave space is considered abandoned, the ownership will revert to the cemetery company responsible for that space. To enforce this change, cemetery companies are required to undertake reasonable searches to locate the recorded owners or their beneficiaries, including sending certified letters and publishing notifications in local newspapers. If no proof of ownership is established within one year of publication, the grave space will be declared abandoned.

Summary

House Bill 2027 seeks to amend several titles within the Tennessee Code Annotated concerning the management and ownership of grave spaces in cemeteries. The bill introduces a definition of key terms relevant to graves, such as 'cemetery,' 'grave space,' and 'interment.' One of the significant changes proposed is the stipulation that a grave space can be declared abandoned if it has not been used for interment or if there has been no contact from the recorded owner for a duration of 75 years. This provision aims to address the growing number of abandoned grave spaces within the state.

Contention

The proposal has raised several points of contention among stakeholders. Supporters argue that the bill is necessary to manage grave spaces more effectively and to ensure that cemeteries can utilize abandoned spaces. However, opponents have expressed concerns regarding the length of time required for a space to be deemed abandoned and the processes involved in notifying owners. Critics worry that families may lose their rights to grave spaces due to complicated notification procedures or lack of awareness, potentially leading to emotional distress during an already difficult time.