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    1. Re: [GAWALTON] Re: Cemetery Access / Egress
    2. Pamela P. Kramer
    3. I'm just a crabby so an so and I do apologize. I just hate it when people deny me access to history and I've already been through this battle Access to Cemeteries is covered under the right of way laws in Georgia. In other states is it actually covered under cemetery laws. Also in Georgia you have an ally in the Secretary of State. They MUST protect the cemeteries. Here are some of the references: The county or Municipality MUST upkeep cemeteries 36-72-3 G *** CODE SECTION *** 10/15/99 36-72-3. Counties, anywhere within the county boundaries, and municipalities, anywhere within the municipal boundaries, are authorized, jointly and severally, to preserve and protect any abandoned cemetery or any burial ground which the county or municipality determines has been abandoned or is not being maintained by the person who is legally responsible for its upkeep, whether or not that person is financially capable of doing so, to expend public money in connection therewith, to provide for reimbursement of such funds by billing any legally responsible person or levying upon any of his property as authorized by local ordinance, and to exercise the power of eminent domain to acquire any interest in land necessary for that purpose. Here is an FYI: 44-3-139 G *** CODE SECTION *** 10/15/99 44-3-139. (a) The administration of the provisions of this article shall be vested in the Secretary of State, who may delegate such of his powers and duties under this article to a division director of his office as he shall deem appropriate. (b) The Secretary of State shall keep a record of all proceedings related to his duties under this article and shall keep a register in which shall be entered the names of all cemeteries to whom certificates of registration are issued, which register shall be open at all times for public inspection. The Secretary of State needs to know about the cemeteries that are in disrepair as well as the local municipalities. Quote them the law 36-72-3 if they don't already know it. It is their responsibility to maintain our history! Here are some the Trespass Laws: 32-6-110 G *** CODE SECTION *** 10/15/99 32-6-110. As used in this article, the term "local service road" means any public road, whether existing at the time of the designation of a limited-access road or established thereafter, which serves the owner or occupant of any land or improvements abutting a limited-access road and which gives a means of ingress to and egress from any such lands or improvements. 32-6-113 G *** CODE SECTION *** 10/15/99 32-6-113. Limited-access roads may be so designed as to regulate, restrict, or prohibit access thereto so as to best serve the traffic for which such facility is intended. The authority designating and establishing any limited-access road is authorized to divide and separate such highway into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations or by designating such separate roadways by signs, markers, or stripes; to designate the proper lanes for traffic moving in opposite directions; and to prohibit the making of turns at specified points. The designating authority may recommend to the commissioner of public safety or, if the roads in question are in a municipality, to the municipality that there be fixed on such roads and on the separate lanes thereof such rates of speed as are deemed in the public interest. No person shall have any right of ingress to or egress from or passage across any limited-access road to or from abutting lands except at the designated points to which access may be permitted and under such arrangements and conditions as may be specified from time to time. 51-9-10 G *** CODE SECTION *** 10/15/99 51-9-10. The unlawful interference with a right of way or a right of common constitutes a trespass to the party entitled thereto. They can't stop you from viewing a cemetery because there had to have been a right of way to the site originally. The county can tell you exactly where the access is or was and you CAN use it. You also have another option in your State Senator. That's where I went when I had problems. They quote the law beautifully and MAKE whoever is impeding your access comply. They are also available to make "suggestions" to the Secretary of State when you find a cemetery in disrepair! We have had much success. Don't ever let ANYONE stop you from finding out about your ancestors we MUST keep them alive, valued and treasured! ----- Original Message ----- From: <PJAutry@aol.com> To: <pkramer@ppkenter.com> Sent: Sunday, April 09, 2000 11:25 AM Subject: Re: [GAWALTON] Re: Cemetery Access / Egress > Pam, if you will provide me with the section and item numbers, I will be > happy to look at the Georgia Laws concerning cemetery access, and to amend my > reply to Faye and the group. > > Again, I have done searches of the Georgia Official Code, and can not find > the references to which you are referring. > > Tricia >

    04/09/2000 10:06:47