The Missouri Statutes governing cemeteries fall under the provisions of RSMO 214 and one sub-paragraph of those statutes do guarantee rights to visit a cemetery for normal purposes if the cemetery is surrounded by private land. It states: RSMO214.132 - Visiting abandoned family or private burying ground surrounded by private property, right of access, when, enforcement by sheriff --court's power to disinter. 214.132. 1. Any person who wishes to visit an abandoned family cemetery or private burying ground which is completely surrounded by privately owned land, for which no public ingress or egress is available, shall have the right to reasonable ingress or egress for the purpose of visiting such cemetery. This right of access to such cemeteries extends only to visitation during reasonable hours and only for purposes usually associated with cemetery visits. 2. The sheriff or chief law enforcement officer of the county in which the abandoned family cemetery or private burying ground is located shall enforce the provisions of subsection 1 of this section. 3. Nothing in section 214.131 and this section shall be construed to limit or modify the power or authority of a court in any action of law or equity to order the disinterment and removal of the remains from a cemetery and interment in a suitable location. What you have to realize is that the landowner also has rights of private property, such that if a condition exists that make it impractical or unsafe for visitation at that time he may also refuse. Livestock in the area or crops surrounding the cemetey may make it unsafe or impractical on demand; but with prior arrangement can be overcome. Also those visiting have rights, such as if the visitor has come from a long distance that have only a very short period of time in which to visit that cemetery may increase his right to visit. The Sheriff's Office and deputies are only there to enforce the rights of ALL parties involved if a reasonable visitation agreement cannot be reached. Give the landowner adequate time and notice; but realize in the long run that you do have REASONABLE visitation rights. Since our cemetery laws are so indefinite, it all falls back to what is REASONABLE. Wayne Johnson ----- Original Message ----- From: "Richard Roitman" <[email protected]> To: <[email protected]> Sent: Wednesday, February 01, 2006 5:23 PM Subject: [MO-CEM] Re: MO-CEMETERIES-D Digest V06 #22 > If the cemetery was in Missouri, I can tell you that > the owner cannot "legally" stop you from visiting a > gravesite/cemetery on their property. It's the law in > MO that they have to allow you access. Of course > that's easier said than done if the landowner says you > can't go. > > > > ______________________________> Date: Tue, 31 > Jan 2006 > directions. She did try to visit the > gravesite (not > > sure when) and was not > > allowed by the owner. The owner was using the land > > as a pasture. I would > > > > > ==== MO-CEMETERIES Mailing List ==== > NOTICE: Posting of virus warnings, test messages, chain letters, political announcements, current events, items for sale, personal messages, flames, etc. (in other words - spam) is NOT ALLOWED and will be grounds for removal. Consideration for exceptions, contact Kathleen Burnett [email protected] > > ============================== > Search the US Census Collection. Over 140 million records added in the > last 12 months. Largest online collection in the world. Learn more: http://www.ancestry.com/s13965/rd.ashx > >