Cemeteries in Tennessee are protected under a mix of state laws designed to preserve burial sites, even when they’re located on private property. But those protections can be complex – especially in cases like Old Summit Cemetery, where boundaries are unclear and development is nearby.
Graves cannot be disturbed
Under Tennessee law, it’s illegal to knowingly disturb human remains. If a grave is discovered during construction, work must stop immediately and authorities – including law enforcement and state officials – must be notified.
In addition, each grave is generally afforded a 10-foot buffer zone, meaning no construction or ground disturbance is allowed within that space.
Cemeteries can exist on private land
Many historic cemeteries, particularly African American burial grounds, are located on privately owned land. In those cases, ownership of the land does not grant the right to destroy or ignore the cemetery.
However, private ownership can limit preservation efforts. Public funding and state-led restoration programs are often unavailable unless the property owner agrees or the land is formally designated.
Access rights for families
Tennessee law provides that descendants and family members have a right to reasonable access to cemeteries on private property for visitation and maintenance. In practice, that access may require coordination with the landowner or the establishment of a legal easement.
Relocation is legal but rare
State law does allow for the removal and reinterment of graves, but only through a formal legal process, typically involving a petition to chancery court.
That process can be expensive and time-consuming, especially for large cemeteries with many unmarked graves. For that reason, relocation is generally considered a last resort.
Stronger penalties in recent years
Until recently, penalties for damaging a cemetery were minimal. Tennessee has since strengthened enforcement: fines can now be assessed per grave disturbed, rather than as a single violation.
The challenge: unknown boundaries
One of the biggest challenges in protecting historic cemeteries is determining where they begin and end. Fences are not always accurate, and unmarked graves may extend beyond visible boundaries.
Without a full archaeological survey – such as ground-penetrating radar – it can be difficult to ensure that development does not unintentionally disturb burial sites.
The bigger picture
Historic cemeteries like Old Summit are often the last remaining physical evidence of displaced communities. While Tennessee law offers important protections, preservation often depends on a combination of legal safeguards, community advocacy and cooperation from landowners.