TIP #457: MORE ON CEMETERIES Here are some general notes that were stressed at the recent cemetery symposium put on by the Kentucky Historical Society. 1 - What if the family cemetery is not noted on the current deed? Here is your dilema: On a deed back in the early 1800's, your family, while owning some acreage, noted that an acre of land was known as a cemetery. Or, in an ancestor's will, he states that a certain amount of his land is to be set aside as a burying ground. But, on current deeds there is no cemetery mentioned. It's still there, even if it doesn't appear on current deeds. It might take you some detective work of running the deeds backward, but if a cemetery was mentioned at all .. that plot of land to be used for a cemetery is still there legally. You might have to do some detective work by running the deeds backward. Find the current owner's name, which will show the individual who sold him the land. Find that deed (it's normally mentioned in the deed that the previous deed is recorded in book #, page #) ... and keep reading the deeds backwards to see if you can find mention of that cemetery - burying ground, burial ground ... many terms were used. 2 - Does the current land owner bear responsibility for fencing off the family cemetery? No. Hopefully, if he is a good person, he will understand and maybe help. But he does not have to bear the cost of fencing off the cemetery. Perhaps if you talk to him, you can work out something - splitting the cost, or at least his granting permission for you to access his property and putting up a fence. 3 - Does the land owner have to build a road to get to the cemetery? No. All he has to do is to provide access to the cemetery. It doesn't have to be a two-lane blacktop road, it is just access to the cemetery. If there was a road there before, the landowner must maintain the road or fence - he can't be required to build one. 4 - Can the current land owner lock the gate to a fenced cemetery? If he does, he should give a representative of the family a key. 5 - Should you check for permission to cross a current landowner's property to see the cemetery? Yes. It's a good policy. He likely doesn't like it if there are people constantly traipsing across his land that he doesn't know. Either call in advance, or go to the door. Unless your cemetery is accessible from the road, you will be trespassing on his property. Build a good relationship if possible! Can he deny someone access to the cemetery? The KY law does not cover this. It is handled on a case by case basis through the KY Attorney General's office. 6 - What is an abandoned cemetery? Any cemetery which has not received a burial within the past ten years. 7 - Can I register the cemetery with anyone? Yes. The Kentucky Historical Society is creating and maintaining a database of all cemeteries and burial sites in the state to provide a permanent record for preservation and educational purposes. They provide a form that you can complete and return to them. To obtain a form write them at: KHS Community Services Office, 100 W. Broadway, Frankfort, KY 40601. Or you may call them at 502-564-1792 or 877-444-7867 (toll free), ext. 4404 or4478, or you may fax them at 502-564-0475. All information should be completed to the best of your ability on this form - known as the Kentucky Cemetery Census Survey Form, indicating that you are unsure or not applicable for any for which you cannot obtain the information. Information requested is as follows: Name of Cemetery, Date of Survey (to be explained next), Location of Cemetery (address), County, GPS Location of the Cemetery if known, Owner of the Cemetery, Is the cemetery still in use (active burials), Is the cemetery/burial ground abandoned (can you provide the last known contact?), Contact person and phone number for the cemetery, Total number of acres in cemetery, Approximate number of existing tombstones, number of other burial structures (mausoleums, etc), Type of owner (religious, private family burial ground, non-profit organization, sole proprietorship, corporate, other), Are there areas where graves are unmarked, how is maintenance currently provided (community or non-profit organization, cemetery organization, board or committee, church group, volunteers, government, other), and how would you rate the current condition of the cemetery or burial site (well maintained and cared for, adequately maintained, needs maintenance, neglected, abandoned). Also: Have arrangements been made for perpetual care and maintenance expenses of the cemetery, i.e., trust fund, nonprofit friends group, etc., explain. Then there is a historical survey that needs to be filled out. This includes: earliest death date recorded, latest death date recorded, are there any particularly culturally or historically significant gravesites or other facts concerning this cemetery (this would include soldiers, public officials, etc), include any additional information that you would like to provide about this cemetery such as religious affiliation, major period of use, relationship of the cemetery to the community or original family owner, etc. Bibliography and/or reference works - any citation from books, records, maps or personal interviews. Sketch a map if possible showing the cemetery's relationship to the town, or if in the county, to rivers, timbers, etc. Show any buildings that stand adjacent to the cemetery. Sounds like an awesome task, but well worth it! Then, the cemetery needs to be surveyed. They provide a form (of which you will need to make additional copies likely) to be submitted with the survey. It provides blanks for the following information: County, Cemetery Name(s), Date Copied. Prefix (military rank, Mrs, Mr, Mrs, etc), Surname, First Name, Middle Name, Suffix (Jr.,Sr., etc), Other surname, birth date, death date. (Other surname would be for example if a woman's maiden name is on the stone). Inscription (exactly what's written on the stone), General Notes. The notes might show any carvings such as lambs, ivy, etc., or "Rest In Peace" type messages, if the stone is broken or damaged, that it lies next to the spouse, etc. Return these forms to the address shown above and it will be registered with the KHS. 8 - Finally, can the current landowner have an abandoned cemetery moved and the bodies reinterred? Yes, but he must make a definite attempt to reach the family descendants. Will he? He has to absorb the cost of moving the stones and bodies through a local funeral home, and the remains placed in another cemetery of equal or great "quality". In other words, the bodies need to be reintered in a decent place known as a cemetery - he can't dump the remains and stones in a ditch. He most likely will have to work with a local funeral home, have the permission of the County Court and other legal requirements. If a family requests reinterment of a body or the entire cemetery, they pay the cost and file appropriate papers. On my post where I listed all the current Kentucky laws re cemeteries I mentioned the type of felony it was considered. A Class C Felony is punishable by 5-10 years in jail plus fines if deemed needed; a Class D felony is 1-5 years and repair. What if a cemetery needs to be moved by the government for creation of a dam, etc.? If the government is requesting the removal of an entire cemetery, they have specific rules that must be followed. An as example, in the 1960's, the government approved the building of Barren River dam which would flood many acres of farm land, homes and cemeteries. In order for them to move the cemeteries, the Army Corps of Engineers had to follow these rules (briefly). Contact family members if possible. Mark every grave making maps, location of cemetery, location of each grave, location of each possible unmarked grave (indentations in the ground). Each grave site was marked with a tall pole. The U. S. Attorney had to prepare papers. On the day of the removal, each grave had to be shrouded with a tent to keep it out of view of onlookers other than a family member, the funeral home, the grave digger and the government representative. If the grave digging was not completed by dark, a guard had to stand duty at the cemetery. If remains were found, they dug the first two feet down by a pick, the rest by shovel, until the grave was open 3 x 7 x 7. The remains - sometimes only pieces of the coffin or bones, were respectfully placed in a box and then placed in a closed truck or funeral car, they could not be stacked one on top of the other. If there were no remains found, ½ cubic feet of dirt was dug and placed in a smaller box of high quality. If jewelry or other valuables were found, they were placed in a separate box and that box placed in the new coffin box, after being sealed. A 2 x 4 ID plate was placed on the top of the box. The remains in the new box had to be placed in a cemetery of equal or greater than condition that from which it was taken. Pictures had to be taken of the cemetery before and after. And lots of reports had to be completed. Sometimes the remains were placed in an existing cemetery (specified by the descendants or chosen by the government); sometimes a reinterment cemetery was opened. When all the graves were emptied, the poles marking their location were dropped into the grave and the grave filled in. If the caskets were in vaults, the vaults were moved too. Then the land was smoothed over and restored to a pristine condition as if no cemetery had existed. (c) Copyright 4 Sept 2003, Sandra K. Gorin, All Rights Reserved, from information provided by the Kentucky Historical Society. Colonel Sandi Gorin SCKY Links: http://www.public.asu.edu/~moore/Gorin.html SCKY surname registry sites: http://www.rootsweb.com/~kyclinto/reg.html http://www.rootsweb.com/~kyclinto/forms/SCKYreg.html Gorin Publishing: http://ggpublishing.tripod.com/