Tennessee legislature updates cemetery regulations to reclaim abandoned burial plots

The Business & Utilities Subcommittee of the Tennessee State Legislature convened on February 26, 2025, to discuss a significant bill aimed at modernizing the regulations governing cemeteries in the state. The proposed legislation seeks to align Tennessee's cemetery laws with those of neighboring states while removing outdated regulations that hinder business operations and consumer rights.

The bill's primary amendments include three key components: updating definitions related to cemetery operations, introducing a hold harmless provision concerning abandoned burial spaces, and establishing a new effective date of January 1, 2020, for these changes. The legislation aims to rectify previous drafting errors, eliminate obsolete fees associated with document and memorial installations, and allow cemeteries to reclaim unused abandoned burial spaces in community mausoleums.

During the meeting, Representative Alexander clarified the notification process for reclaiming burial spaces. If a cemetery has not had contact with the recorded owner or beneficiary for 75 years, it must conduct a reasonable search, which includes sending a letter to the last known address and posting a description of the space on the cemetery's website for one year. Notably, the bill does not apply to nonprofit, church, or family cemeteries, which are not regulated by the state.

Committee members raised questions regarding property rights associated with cemetery plots. It was confirmed that individuals purchasing cemetery plots only acquire internment rights, not ownership of the land itself. Additionally, concerns were expressed about the implications of the amendment that states no cause of action arises if a cemetery reclaims a space after the stipulated period. However, it was clarified that individuals would retain the right to file lawsuits if a cemetery improperly reclaims a plot.

The discussion also touched on the rationale behind the 75-year reclamation period, with representatives noting that people typically purchase cemetery plots later in life. The bill includes a 20-year period following reclamation during which families can reclaim their plots or receive compensation if they can demonstrate ownership.

In conclusion, the meeting highlighted the importance of updating cemetery regulations to reflect contemporary practices while ensuring that the rights of plot owners are protected. The committee's discussions underscored the need for clarity in the legislation to prevent potential disputes over burial spaces in the future. Further deliberations and potential amendments are expected as the bill progresses through the legislative process.