I got this on another list and thought it interesting and important enough to pass it on. I don't know if this law applies only to TX tho. I don't think it would. Does anyone know? Linda > health and Safety Code > SUBTITLE C. CEMETERIES > CHAPTER 711. GENERAL PROVISIONS RELATING TO CEMETERIES > Subchapter A. > > § 711.041. Access to Cemetery > > > (a) Any person who wishes to visit a cemetery or private burial grounds > for which no public ingress or egress is available shall have the right > to reasonable ingress and egress for the purpose of visiting the > cemetery or private burial grounds. This right of access extends only to > visitation during reasonable hours and only for purposes usually > associated with cemetery visits. > > (b) The owner or owners of the lands surrounding the cemetery or private > burial grounds may designate the routes of reasonable ingress and > egress. > Added by Acts 1993, 73rd Leg., ch. 634, § 22, eff. Sept. 1, 1993. > > > -------------------------sender's notes > The key to this law is reasonable . If you determine the shortest least > bothersome route that is reasonable. They cannot make you go great > distances if a car can make it . Also the Handicapped have the right of > access that is provident to give such as being able to take a gator to > drive one in or drive through a pasture-so long as you are careful and > do not damage anything. > > Also the owner of the property cannot block you from coming in, they > must provide a number or way to get permission if they want you to be > able to ask. If no owner is evident ( you can't find one , or their > number or a house that seems to be an owner) then they have not provided > the normal means to make it easy to get their opinion on which route to > go in by. They 'may designate' the route, this is best by posting signs > on the easiest route. > You may go in to a cemetery at any time but chances are a Judge will > side with a property owner that midnight is not reasonable. Nor is > everyday visiting perhaps if it is bothersome. However if it is a > Mexican decendant visiting a grave it is 'reasonable ' to eat and place > food on the grave once a year, or for a group of family reunion visitors > to all go to the cemetery for prayer and visit, or for items to be > placed on the grave without removing. The land owner NEVER has the right > to alter the graves or cemetery land unles it is to do so in a > reasonable manner, which means to clean and repair it. The property > owner > ( and by that I mean surrounding , no one can OWN a cemetery it is > covered under landmark useage and not able to be owned, though the > upkeep can be owned such as in a commercial cemetery) is not responsible > to build or keep a fence though at the same time he can be sued for > allowing his cattle to destroy a tombstone. You would have to prove > damage by THEIR cattle and not time and other cattle before theirs. > A fence may be erected by anyone wanting to fence the cemetery , > however they NEVER have the right to fence it so no one may visit the > cemetery in a reasonalbe manner. The people in Bonham have broken this > by their fencing of the Russell cemetery . They did not include a gate. > So the fence is such you cannot visit it without climbing a fence. I > cannot do that and need someone to climb it. The Russell decendants > ought to have them either remove the fence or cut a gate. > The owners of that property either need to post hours of visitation > on their main gate or else leave the gate to the property open at all > times. But there is no excuse for the gateless cemetery. > The laws are based on what is resonable usage. For instense this past > month I dealt with an irate land owner in south texas. she insisted she > owned the property and after proving she cannot own a cemetery but lost > control of it when a burial first took place she was angry someone stood > on her land to take a picture of the cemetery in its little fence. The > person going in to photograph it took a picture of the cemetery on the > way in . That is reasonable use of a cemetery visit. So it is covered > under the law. You can show a judge thousands of such pictures, it is a > common practice. > It is common to place flowers on the grave and not expect them to be > removed (UNless you contract for that by burial in a cemetery with a law > in its charter already). You also have the right to ornament a cemetery > and place a bench there, that is reasonable use and common. You would > not have the right to construct a pyramid for instance in this country > and therefor not average resonable usesage . > You have the right to bury a spouse by their spouse, even if 70 yrs > between their passing. No matter what the surrounding land owner wants. > It would however be unreasonable to open a new section and take on a few > acres for new family graves.However if the cemetery is spread out, you > can bury within the current boundaries, that includes the right to bring > in digging equipment and a funeral procession. > You can only do what is considered reasonable. Have your plan in mind , > laws in hand and you can protect yourself from silly law men. I am > amazed at how stupid they can be. > Don't hesitate to contact a county judge if you are having trouble with > a surrounding land owner or a sheriff. They do not have the right to > stop you , but you have to know right where you stand in the law. > > Susan in Texas

It does apply to TX and TX has set aside two days a year for visitation days to cemeteries that need care. The property owners are subject to the law if they refuse entry. http://www.rootsweb.com/~txstc/bridge/PRNTGUID.HTML The web site above tells about the rights and obligations of the visitor. donna ----- Original Message ----- From: "Linda Baker" <ndnblu@texoma.net> To: <TXBOSQUE-L@rootsweb.com> Sent: Tuesday, August 20, 2002 12:15 PM Subject: [TXBOSQUE] Cemetery statute I got this on another list and thought it interesting and important enough to pass it on. I don't know if this law applies only to TX tho. I don't think it would. Does anyone know? Linda > health and Safety Code > SUBTITLE C. CEMETERIES > CHAPTER 711. GENERAL PROVISIONS RELATING TO CEMETERIES > Subchapter A. > > § 711.041. Access to Cemetery > > > (a) Any person who wishes to visit a cemetery or private burial grounds > for which no public ingress or egress is available shall have the right > to reasonable ingress and egress for the purpose of visiting the > cemetery or private burial grounds. This right of access extends only to > visitation during reasonable hours and only for purposes usually > associated with cemetery visits. > > (b) The owner or owners of the lands surrounding the cemetery or private > burial grounds may designate the routes of reasonable ingress and > egress. > Added by Acts 1993, 73rd Leg., ch. 634, § 22, eff. Sept. 1, 1993. > > > -------------------------sender's notes > The key to this law is reasonable . If you determine the shortest least > bothersome route that is reasonable. They cannot make you go great > distances if a car can make it . Also the Handicapped have the right of > access that is provident to give such as being able to take a gator to > drive one in or drive through a pasture-so long as you are careful and > do not damage anything. > > Also the owner of the property cannot block you from coming in, they > must provide a number or way to get permission if they want you to be > able to ask. If no owner is evident ( you can't find one , or their > number or a house that seems to be an owner) then they have not provided > the normal means to make it easy to get their opinion on which route to > go in by. They 'may designate' the route, this is best by posting signs > on the easiest route. > You may go in to a cemetery at any time but chances are a Judge will > side with a property owner that midnight is not reasonable. Nor is > everyday visiting perhaps if it is bothersome. However if it is a > Mexican decendant visiting a grave it is 'reasonable ' to eat and place > food on the grave once a year, or for a group of family reunion visitors > to all go to the cemetery for prayer and visit, or for items to be > placed on the grave without removing. The land owner NEVER has the right > to alter the graves or cemetery land unles it is to do so in a > reasonable manner, which means to clean and repair it. The property > owner > ( and by that I mean surrounding , no one can OWN a cemetery it is > covered under landmark useage and not able to be owned, though the > upkeep can be owned such as in a commercial cemetery) is not responsible > to build or keep a fence though at the same time he can be sued for > allowing his cattle to destroy a tombstone. You would have to prove > damage by THEIR cattle and not time and other cattle before theirs. > A fence may be erected by anyone wanting to fence the cemetery , > however they NEVER have the right to fence it so no one may visit the > cemetery in a reasonalbe manner. The people in Bonham have broken this > by their fencing of the Russell cemetery . They did not include a gate. > So the fence is such you cannot visit it without climbing a fence. I > cannot do that and need someone to climb it. The Russell decendants > ought to have them either remove the fence or cut a gate. > The owners of that property either need to post hours of visitation > on their main gate or else leave the gate to the property open at all > times. But there is no excuse for the gateless cemetery. > The laws are based on what is resonable usage. For instense this past > month I dealt with an irate land owner in south texas. she insisted she > owned the property and after proving she cannot own a cemetery but lost > control of it when a burial first took place she was angry someone stood > on her land to take a picture of the cemetery in its little fence. The > person going in to photograph it took a picture of the cemetery on the > way in . That is reasonable use of a cemetery visit. So it is covered > under the law. You can show a judge thousands of such pictures, it is a > common practice. > It is common to place flowers on the grave and not expect them to be > removed (UNless you contract for that by burial in a cemetery with a law > in its charter already). You also have the right to ornament a cemetery > and place a bench there, that is reasonable use and common. You would > not have the right to construct a pyramid for instance in this country > and therefor not average resonable usesage . > You have the right to bury a spouse by their spouse, even if 70 yrs > between their passing. No matter what the surrounding land owner wants. > It would however be unreasonable to open a new section and take on a few > acres for new family graves.However if the cemetery is spread out, you > can bury within the current boundaries, that includes the right to bring > in digging equipment and a funeral procession. > You can only do what is considered reasonable. Have your plan in mind , > laws in hand and you can protect yourself from silly law men. I am > amazed at how stupid they can be. > Don't hesitate to contact a county judge if you are having trouble with > a surrounding land owner or a sheriff. They do not have the right to > stop you , but you have to know right where you stand in the law. > > Susan in Texas