§37-13-1. Jurisdiction to permit and order removal, etc.
The circuit court of any county shall have jurisdiction and
authority to permit and order the removal, transfer and
reinterment, or other disposition, of remains in any graves
located upon privately owned land within the boundaries of such
county under the provisions hereinafter set forth: Provided,
That the provisions of this article shall not apply to any grave
or grave area where title or color of title to the same exists as
a matter of public record in any person or persons not a
plaintiff or plaintiffs instituting an action pursuant to this
article: Provided, however, That when title or color of title of
public record to such grave or grave area exists in such
plaintiff or plaintiffs, the provisions of this article may be
available in addition to any other rights or remedies provided by
law for the removal, transfer and disposition of remains in
graves or grave areas.