>From reading the other postings, let me add something for those not so informed about a situation such as this. WalMart is not solely to blame. They let the contract to a general contractor. The general contractor let the site preparation to a sub-contractor. During construction such as this, there would be a WalMart inspector on the premises at all times, and a city (or county) inspector dropping by each day to confer with the general, the subs, and the WalMart inspector. I know nothing of the circumstances of this event, but I do know that contractors (generals and subs) will sometimes hide delaying situations from the inspectors, that is from inspectors not performing as they should. (The "duh" types, or those taking a gift to look the other way.) The fact that the cemetery was advertised in some paper illustrates that someone was trying to comply with the law, but often times such notices are placed in a low circulation newspaper to avoid response and construction delay. Ergo, they loophole the law. I'm betting that no conclusive legal action will occur about this because most in the enforcement and judicial system could care less. I write from experience. What has been done in this event is a half-compliance with the law to avoid prosecution and prevent construction delay. All too common! Bob Stevens <bobhist@yahoo.com> wrote: What's done is done, and it's impossible to correct now. Prosecution of the violators might send a message to any so inclined in the future, but I doubt it. This is a common problem with site and road construction. My question is where was the city or county building inspector, whichever the case may have been, and, if he was on location, was he not informed of the local and state laws dealing with cemeteries? Written by a retired general contractor and, also, a S.C. DOT inspector. reb1861@aol.com wrote: I don't know about North Carolina, but in Georgia the first contact would be the county sheriff -- because what was done is clearly illegal. Sandy Whittington -----Original Message----- From: Cindy.Beam@bp.com To: ncwilkes@rootsweb.com Sent: Thu, 3 May 2007 11:19 AM Subject: Re: [NCWILKES] NC Law re: Removal of Graves I've been corresponding, through email, with the reporter who wrote the article for the Hickory Daily Record. She says there was no public notice published in her paper, but she believes it may have been in the Lenoir News Topic. I haven't had a chance to do a search - has anyone else had a chance? It's very disturbing to hear that the remains may have been dumped into common graves. Are there any ideas on whom we might be able to contact, such as representatives, etc.? Cindy -----Original Message----- From: ncwilkes-bounces@rootsweb.com [mailto:ncwilkes-bounces@rootsweb.com] On Behalf Of Debra Rookard Sent: Wednesday, May 02, 2007 9:24 PM To: NCWILKES@rootsweb.com Subject: [NCWILKES] NC Law re: Removal of Graves Below is a copy of the current State law of North Carolina concerning the removal of graves. Section (4) is pertinent to this situation with Wal Mart. Perhaps a local subscriber to this list might look in on the results, lawfully mandated filings, other acts stipulated herein, etc. I for one, would be interested in reading the legally proscribed 4 week publication of their intent in the local newspaper. Reasonable acts to determine identity and/or next of kin cannot be considered complete, much less reasonable [imho] if their search did not lead them to this particular county's Rootsweb List. Debra ARTICLE 5. Removal of Graves. § 65-13. Removal of graves; who may disinter, move and re-inter; notice; certificate filed; re-interment expenses, due care required. (4) By any person, firm or corporation, which owns land on which abandoned cemeteries or burying grounds are located after first securing the consent of the governing body of the town, city or county in which such abandoned cemeteries or burying grounds are situated. (b) The party effecting the disinterment, removal and re-interment of a grave containing a decedent's remains under the provisions of this Chapter shall, before disinterment, give 30 days written notice of such intention to the next of kin of the decedent, if known or subject to being ascertained by reasonable search and inquiry, and shall cause notice of such disinterment, removal and re-interment to be published at least once per week for four successive weeks in a newspaper of general circulation in the county where such grave is situated and the first publication shall be not less than 30 days before disinterment. Any remains disinterred and removed hereunder shall be re-interred in a suitable cemetery or burial ground. (c) The party removing or causing the removal of all such graves shall, within 30 days after completion of the removal and re-interment, file with the register of deeds of the county from which the graves were removed and with the register of deeds of the county in which reinterment is made, a written certificate of the removal facts. Such certificate shall contain the full name, if known or reasonably ascertainable, of each decedent whose grave is moved, a precise description of the site from which such grave was removed, a precise description of the site and specific location where the decedent's remains have been re-interred, the full and correct name of the party effecting the removal, and a brief description of the statutory basis or bases upon which such removal or re-interment was effected. If the full name of any decedent cannot reasonably be ascertained, the removing party shall set forth all additional reasonably ascertainable facts about the decedent including birth date, death date, and family name. __________________________________________________ Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com ------------------------------- To unsubscribe from the list, please send an email to NCWILKES-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message ------------------------------- To unsubscribe from the list, please send an email to NCWILKES-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message ________________________________________________________________________ AOL now offers free email to everyone. 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