Encountering a burial ground during construction: Is your project dead?

Tennessee is experiencing significant growth, and is expected to continue to grow. This growth should lead to more commercial, industrial and residential development. Given our history as a rural and (at one point) frontier state, many developers may encounter a truly unexpected site condition: grave sites. The presence of a burial ground will impact the project, both in terms of cost and time. The first thing a developer should do when encountering a burial ground is to stop work in that area. One reason is that the relatives of the buried may still visit the site. Disturbing (even accidentally) a burial ground could lead to sensitive litigation. Thus, the developer should ensure that the burial ground is not disturbed. To that effect, a formal survey should be performed to locate all possible grave sites. Once all grave sites have been located, the developer has several options. If it appears the burial ground is still in use, the owner likely cannot do anything to it without the relatives' consent, even if the owner's deed appears to encompass the burial ground. The owner could, conceivably, pay to relocate all of the grave sites. Another (and perhaps more economical) option would be to fence off the burial ground and grant the relatives an easement to access it. If the burial ground appears to have been abandoned, the owner can terminate the site as a burial ground. To do so, the owner must file a lawsuit seeking to have the remains removed and reburied …