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Subject: [TXBURNET] Re: laws concerning cemetery access in Texas
Date: 9 Oct 2002 10:58:17 -0600


This is a Message Board Post that is gatewayed to this mailing list.

Classification: Query

Message Board URL:

http://boards.ancestry.com/mbexec/msg/rw/JkB.2ACI/1716.3

Message Board Post:

The laws have changed since we brought suit about 11 years ago to gain access to a rural cemetery. At that time the property owner did not have to allow people into the cemetery. Fortunately, that has changed.

The current relevant Texas Statute is under the Health and Safety Code. It reads:
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§ 711.041. Access to Cemetery

(a) Any person who wishes to visit a cemetery or private burial grounds for which no public ingress or egress is available shall have the right to reasonable ingress and egress for the purpose of visiting the cemetery or private burial grounds. This right of access extends only to visitation during reasonable hours and only for purposes usually associated with cemetery visits.

(b) The owner or owners of the lands surrounding the cemetery or private burial grounds may designate the routes of reasonable ingress and egress.

Added by Acts 1993, 73rd Leg., ch. 634, § 22, eff. Sept. 1, 1993.
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<http://www.capitol.state.tx.us/statutes/he/he0071100.html#he026.711.041>;

There is no mention in the law of how it is to be enforced. A copy of the law mailed or carried to the landowner may help, or a trip to the county attorney or sheriff's office with the referenced code might do the trick. Warning, though, these local officials are elected and may refuse to do anything. A court order might be necessary. Any other
suggestions?





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