TIP #455 - KENTUCKY CEMETERY LAWS -2003 I am going to take one more week before returning to the WW II deaths of Kentucky soldiers. I recently attended a workshop sponsored by the Kentucky Historical Society on cemetery preservation. It was an extremely interesting program that I wish you all could have attended. For this tip I am going to list the current laws of the State of Kentucky on Kentucky Cemetery Laws. I am asked this question more than any other I think - what can I do if my family cemetery in Kentucky is being destroyed by cattle, or why won't the land owner let me get to our family burial grounds, etc. Here are the current laws for 2003. KRS381.690 - Protection of Burial grounds by cities. Within the corporate limits of a city, cemetery cannot be used for dumping grounds, building sites, playgrounds, places of entertainment and amusement, public parks, athletic field or parking grounds. KRS381.697 - Every cemetery in Kentucky except private cemeteries to be maintain by its legal owner or owners with respect to individual owners of burial plots in the cemetery - free of growth of weeds, accumulated debris, displaced tomb stones or other signs and indication of vandalism or gross neglect. KRS381.700 - Governing authorities of any city within whose corporate limits any burying grounds may require owner of those having claims to the grounds to properly care for them. KRS381.71- Evidence of dedication or use of land as burying ground. 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. KRS381.715 - Burial Rights in cemetery lots; abandonment; resale by cemetery. A Cemetery lot is defined as containing one or more grave spaces located within a cemetery registered. An officer of the cemetery may cause to be file, on behalf of a cemetery, an action in the circuit court of the county requesting burial rights in the unused portion of the lots in question deemed abandoned. Petition to include name of original owner , name of persons buried in the lots and dates if known, name, address and phone number of the cemetery office, and an affidavit stating that no person has been buried in the cemetery lot in question for at least 100 years, the owner of the burial lots in question, service of process by attorney, etc. KRS381.720 Abandoned cemetery in certain cities, proceedings to vest title in city. This deals with an abandoned cemetery within the city limits. KRS381.740 - Assertion of claim to compensation for value of interest in cemetery or lot. Again, cemetery within city limits. KRS381.750 - Judgment; removal of bodies or monuments. 30 days prior public announcement, if no protest, court can declare cemetery to be abandoned. Claimants have 30 days in which to remove the mortal remains and monuments from the lots and they liable to pay costs. If no one appears to have this done, then the county officers pay for the removal, disinterment, removal and reinterment of body or bodies in such other cemetery in the county in which said city is located . KRS381.755 - Removal of grave or cemetery on application of land owner or county; procedure, expenses. Liability for desecration of graves may exist when land that has been previously used as a cemetery is reused as a cemetery without first removing and reinterring the remains of those previously buried there. There is no liability for desecration if the cemetery is abandoned so that nothing indicates there are graves in the ground, the person is without notice that graves exist, and the public no longer recognizes the land as a cemetery. KRS381.755 - Removal of grave or cemetery on application of land owner or county; procedures; expenses. After application of the property owner on whose land is located an abandoned grave or cemetery, or whenever the fiscal court or any county deems it to be in the best interest of the county to remove and relocate any such grave or cemetery, the court may issue an order or resolution authorizing such removal or relocation. This order or resolution shall specify and declare that at any time after the expiration of 60 days, the court shall direct the removal or relocation. Expenses incurred shall be paid by the individual requesting the removal. Any grave or cemetery removed shall be relocated in a suitable place at the expense of the person or county requesting the removal. For purpose of this section - a cemetery shall be considered abandoned when left unattended for a period of ten years preceding the date of the resolution and relocation of the grave or cemetery. KRS433.660. Any person who willfully mutilates the graves, monuments, fences, shrubbery, ornaments, grounds or buildings in or enclosing any cemetery or place of sepulture; or violates the graves of any person by willfully destroying, removing or damaging the head or foot stones, or the tomb over the enclosure protecting any grave, or by digging into or plowing over or removing the ornaments, shrubbery or flower placed upon any grave or lot shall be fined not less than ten dollars nor more than one hundred dollars, or imprisoned for not more than six months, or both. KRS525.105 Desecration of venerated objects, first degree. A person is guilty of desecration of venerated object in the first degree when, other than authorized by law, he intentionally excavates or disinters human remains for the purpose of commercial sale or exploitation of the remains themselves or of objects buried contemporaneously with the remains. Desecration of venerated object in the first degree is a Class D felony. [This would cover Indian graves, etc.] KRS525.110 Desecration of venerated objects, second degree. This occurs when a public monument or object or place of worship, a national or state flat, other patriotic or religious symbol is desecrated. This is a Class A misdemeanor. KRS525.115. Violating Graves. This includes the following. (1) mutilates the graves, monuments, fences, shrubbery, ornaments, grounds, or buildings in or enclosing a cemetery or place of sepulture; or violates the grave by destroying, removing, or damaging the headstone or footstone, or the tomb over the enclosure protecting any grave or; digs into or plows over or removes any ornament, shrubbery, or flower placed upon any grave or lot. This does not apply to ordinary maintenance and care of a cemetery or the removal of graves as noted above. This is a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense. KRS525.120 Abuse of a corpse. An individual will be found guilty of this when he intentionally treats a corpse in a way that would outrage ordinary family sensibilities. This is a Class A misdemeanor. [This involves several things, including a faulty casket where the body would fall out, improper cremation such as happened last summer, and many other cases. Applies primarily now to funeral home directors, crematoriums, etc.] For further information see: http://www.louisville.edu/~kycemregs.htm I will cover, in more detail, other topics dealing with cemeteries, cleaning, restoration, reinterments, etc. as the weeks go by. This will include who is responsible for making a family cemetery accessible, how to work with land owners, what if the cemetery is not mentioned on the deed and many other topics. (c) Copyright 28 August 2003, Sandra K. Gorin 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/