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Subject: Fwd: TIP#82 - CEMETERY RULES AND REGULATIONS IN KENTUCKY
Date: Fri, 5 Sep 1997 19:27:06 -0400 (EDT)

As you see this is pertaining to cemeteries in Kentucky, but it should maybe
make us more aware of the cemeteries in the states we have loved ones buried,
to make sure they are protected.

Pat
---------------------
Forwarded message:
From: (Sandi Gorin)
Resent-from:
To:
Date: 97-09-05 10:23:48 EDT

TIP# 82 - CEMETERY RULES AND REGS IN KENTUCKY

I have been overwhelmed in the last couple of weeks with people
calling or e-mailing me about cemeteries being destroyed. Within this time
frame I have been contacted by one individual in another part of the state
who was trying to find out how to save their family cemetery which was
close to being destroyed; two local calls for cemeteries here in Barren
County and yet one more in another county. The destruction of a cemetery
is something that will get me on a soapbox in one big hurry. I spent one
whole afternoon last week attempting to save one cemetery and don't think
I won the battle. As one who is actively looking for the old abandoned
family cemeteries, it pains me no end to see them overrun with cattle,
plowed up or otherwise destroyed.

I am copying here an article that was just now provided by a friend of
mine - who is my cemetery hunting partner. She said that she believes it
was recently published in Bluegrass Roots (see reference to the historical
society - if anyone can confirm this, I would appreciate it.) I will give
them credit and trust that they will not be upset that I am publishing it
in this format.

"What can you do about abandoned cemeteries?

. Nearly every week you read or hear about another lost, abandoned or
abused cemetery. These cases present two challenges to family researchers
and to members of families buried there. 1 - Finding and getting access to
the cemeteries to do research. 2 - Care and preservation of the
cemeteries.

. Some suggestions about meeting the challenge were presented to the
Kentucky Genealogical Society at its May meeting. The presentation was
given by Jerri Robinson of the Consumer Protection Division in the office
of Attorney General Ben Chandler, and Phil DiBlasi, Archaeologist at the
University of Louisville.

There are a number of laws and regulations that apply to cemeteries
in Kentucky. But most of the cemetery laws in Kentucky concerns
for-profit cemeteries or cemeteries operated by cities or other government
units. There is little in the law that helps on family cemeteries or
abandoned church cemeteries.

Kentucky law defines a cemetery as:

"Cemetery" means any one or a combination of more than one of the

following in a place used or to be used and dedicated for such purposes:
(a) A burial park, for earth interment.
(b) A mausoleum, for entombment.
(c) A columbarium, for inurnment. KRS 667.933

Evidence of Dedication or use of land as burying ground:

"The fact that any tract of land has been set apart for burial purposes
and that a part or all of the grounds has been used for burial purposes
shall be evidence that such grounds were set aside and used for burial
purposes. The fact that graves are not visible on any part of the grounds
shall not be construed as evidence that such grounds were not set aside
and used for burial purposes." KRS 381.710

OWNER CAN NOT INTERFERE

No cemetery owner can do anything which interfers with the use of the
land as a cemetery.

At common law "a cemetery is a place not only for the burial of the
dead but also for an expression of love and respect by the living for the
dead."

A number of cases reported of cemeteries that were on grounds of
once-active churches. Usually they were on land that had been deeded to
the church. But churches declined, the buildings disappeared, and now no
one looks after the cemetery. Who owns the land now?

There seems to be no clear-cut answer.

Kentucky needs new laws to cover these cases. For instance, Indiana
law requires townships to maintain cemeteries. An example, in Hendricks
County, a large cemetery belonged to Abners Creek Baptist Church. But the
church disappeared, so the township pays the closest active church, which
happens to be Methodist, to take care of the Baptist Cemetery.

In many cases, farmers have incorporated a family or church cemetery
into their farms. This frequently results in livestock running in the
cemetery. This may keep down vegetation, but the animals knock down and
sometimes break the tombstones. In some cases they have erected fences so
as to make it impossible to get into the cemetery.

No Desecration

Landowners are obligated to prevent desecration of cemeteries. If
desecration occurs, it should be reported to county authorities.

Do I have a right to search a farm to see if a cemetery is on it?
asked one member. If the landowner does not comply with a polite request,
you may have to hire a lawyer.

Modern techniques makes it possible to find graves not marked. Some
of the techniques are expensive. Others are economically feasible. Once a
grave exists, the evidence in the ground lasts thousands of years.

Registration Possible.

Kentucky has a system for registering non-profit cemeteries. The
requirements are:

1 - Operate non-profit;
2 - Have no salaried employees, directors, officers or managers,
other than maintenance caretakers;
3 - Be owned and controlled by lot owners;
4 - Not sell any pre-need merchandise or services.

This registration does not provide any special protection other than
that of the general laws on cemeteries. However, it does provide status as
an officially recorded and registered cemetery. The registration might be
helpful if you ever had to go to court about the cemetery.

If you have any connection with a family or community cemetery (not
organized), you might want to register with the Attorney General. It is
helpful to supply supporting documents, such as a map, a plat or
photographs.

Graves Protected by Law

If a cemetery has not be declared abandoned, the law prohibits the
owner from doing anything which intefers with the graves therein. In a
leading case on the subject, the Court held:

As to the graveyard, it is very evident that appellant knew it was on
his land when he purchased, and being there the law, without any
reservation, and inhibition in the deed, prohibits him from removing the
stones that mark the resting place of the dead buried there or of injuring
or moving the enclosures around the graveyard, and compels him to permit
the relatives of those buried there to exercise ingress and egress to and
from said cemetery on proper occasion and for proper purposes.

What is the public's right to prevent someone from artibrarily
bulldozing down the monuments and destroying the cemetery?

Clearly, in Kentucky the next of kin to persons buried in a cemetery,
have a right to preserve the cemetery, which the courts recognize and
protect.

Jerri Robinson suggests that if you see any indications of
violations of the laws on cemeteries, report them to the Consumer
Protection Division in the Attorney General's Office.

In case of a dispute over cemetery rights, the Attorney General's
Office - if requested - will attempt to achieve a settlement through
mediation."

I checked and here is the telephone number of the Attorney General's
Consumer Protection Office - 1-502-573-2200. I attempted to contact Jerri,
but she is out of the office and appears to be the only one familiar with
the registration fee involved and what forms and documentation is needed.
I will attempt to contact her and inform you in a later post.

(c) 4 September 1997, Sandra K Gorin, All Rights Reserved

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Sandi Gorin, 205 Clements Ave, Glasgow, KY 42141-3409
(502) 651-9114 -
BARREN CO: http://www.geocities.com/Heartland/Meadows/1798
GORIN GEN PUB: http://members.aol.com/kygen/gorin.htm
KYBIOS WEBSITE: http://www.starbase21.com/kybiog/indexf.html
KYRESEARCH: http://www.dsenter.com/~jmurphy/lessons/lessons.htm
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

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