Forwarding to the lists I am own that most likely would be interested in this. I hope it is not improper to do so since I feel this is genealogy too. A couple of the cemeteries I have surveyed are on private property and certainly not being taken care of right here in Thomas Co too. Winnette ----- Original Message ----- From: "Jones, Brad" <Bjones@JJG.com> To: <GA-CEMETERIES-L@rootsweb.com> Sent: Monday, October 02, 2000 11:12 AM Subject: [GA-CEM] Georgia Cemetery Laws-Rights of Access Hello Cemetery list subscribers: I am undertaking a project and am looking for some help, on what I think is an important issue regarding the preservation of historic cemeteries in Georgia. You may not be aware that there is no specific law in the state that allows someone the right to access cemeteries on private property. However, it is the position of the Department of Natural Resources that under the state's common law, rights of access are indeed granted. Yet this is vague and can be easily challenged, perhaps even ignored, by the property owner. I know, because I am having a problem like this right now, trying to access an old cemetery where my ancestors are buried. The property owners refuse to allow me access to the graves to see them or to begin maintaining them, mark them properly, etc. I have contacted an attorney to try to resolve the situation, and it could prove costly. I do not want someone else to have to go through what I have. This is primarily a problem in rural areas. There are cases of old cemeteries on timber land and other areas, and there have been cases where the timber companies will not give specific access either--they basically take a "dont ask, dont tell" position if one wishes to access a graveyard. Basically, the issue is becoming very confusing. Who has responsibilty of such cemeteries? Abandoned cemeteries are protected under state law, which requires local government to take responsibility for them. However, once someone has "claimed" an abandoned cemetery to be the burial place of their ancestors, then it's not abandoned anymore, now, is it? This is where the law becomes tricky. Therefore, I have contacted my state legislator about amending the Cemetery Preservation law to include specific direction and language that allows someone with legitamate claim to a family cemetery previously abandoned to be allowed access to maintain it. It would clear up much confusion and allow for people to be able to preserve thier family history without interference. I have gotten verbal support from such groups as the Cobb County Cemetery Preservation Commission, the Georgia Society of Professional Archaeologists, and the Georgia Trust for Historic Preservation. However, I need further support from those interested from a geneological point of view. If anyone knows of a Georgia geneoloical group interested in having such an amendment passed, please let me know. I plan to meet with my legislator in Mid-November so any help or suport will be appreciated. Thank You. If anyone wishes to contact me you can call me at work or at home at 770-901-9731. Sincerely, Brad Jones Franzman Davis and Associates A Division of Jordan, Jones and Goulding, Inc. 2675 Cumberland Pkwy, Suite 150 Atlanta, GA 30339 phone (770) 432-0731 fax (770) 432-0475 bjones@jjg.com ______________________________