What if a priest claims a cemetery to be private? Is there such a thing as a private cemetery? Bob ----- Original Message ----- From: <Usaf1135@aol.com> To: <RIGENWEB-L@rootsweb.com> Sent: Sunday, April 30, 2006 8:47 AM Subject: Re: [RIGENWEB] Cemetery Stone Repair Class http://www.rilin.state.ri.us/statutes/title23/23-18/23-18-10.2.HTM 23-18-10.2 Exemption from liability. – (a) A city, town, or public body shall not be held civilly liable for any breach of duty resulting in injury to the person or damage to the property or any person who voluntarily and without compensation, undertakes to maintain or to repair any designated historical cemetery pursuant to § 23-18-10.1, provided that nothing in this section shall eliminate or limit the liability of a city, town, or public body: (1) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; or (2) For any malicious, willful, or wanton act. (b) A private landowner permitting access over his or her property to a historical cemetery for the purpose of voluntary maintenance or repair of the cemetery shall not be held civilly liable for any breach of duty resulting in injury to the person or damage to the property of those seeking to repair or maintain the cemetery. ==== RIGENWEB Mailing List ==== The RI Archives http://www.rootsweb.com/~usgenweb/ri/rifiles.htm RIGenWeb Archives Search http://www.rootsweb.com/usgenweb/ri/risearch.html

Bob - All cemeteries are or were at one time, owned by some one or some group. The small family ones over time became abandoned and are now owned by the current land owners, or in some cases by cities or towns and are overseen by the historical societies such as in Warwick. Others are privately owned by a corporation - like Swan Point. In your case, the cemetery is owned by the Catholic Church. The church has 2 types of cemeteries - the large Diocesan cemeteries owned by the Diocese of Providence, and the smaller cemeteries owned by the individual parish they were originally attached to. As I said in my earlier message, I don't think the priest is saying you can't repair the stones, just that you can't do it yourself. You have to follow the appropriate procedure - which probably means hiring a monument company to do the work. You might get more information by calling a monument company and asking if they've ever done work over there, and what is involved as far as far as getting permission. Lisa ----- Original Message ----- From: "bob ryan" <ryanblack@cox.net> > What if a priest claims a cemetery to be private? Is there such a thing as a > private cemetery? > > Bob > > ----- Original Message ----- > From: <Usaf1135@aol.com> > > http://www.rilin.state.ri.us/statutes/title23/23-18/23-18-10.2.HTM > 23-18-10.2 Exemption from liability. – (a) A city, town, or public body > shall not be held civilly liable for any breach of duty resulting in injury > to the > person or damage to the property or any person who voluntarily and without > compensation, undertakes to maintain or to repair any designated historical > cemetery pursuant to § 23-18-10.1, provided that nothing in this section > shall > eliminate or limit the liability of a city, town, or public body: > (1) For acts or omissions not in good faith or which involve intentional > misconduct or a knowing violation of law; or > (2) For any malicious, willful, or wanton act. > (b) A private landowner permitting access over his or her property to a > historical cemetery for the purpose of voluntary maintenance or repair of > the > cemetery shall not be held civilly liable for any breach of duty resulting > in > injury to the person or damage to the property of those seeking to repair or > maintain the cemetery. >