This came from Bosque list. This is info we need to help in our search. To know what we can or can not do , Many may come across this problem. It long. TXBOSQUE-L@rootsweb.com 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 >>>>>>>This is getting way too religious for my taste. Some of us just don't know when to stop. vanmrich@aol.com>>>>>>>>>> Stop what ??? Being religious I agree. It lies, it steals, it kills. But we who are Christians and know Jesus should stand up for this faith. FAITH is what this America was made from, FAITH is what will keep her standing, Faith is what keeps you nonbelievers safe. Just like scabs. Remember, amateurs created the ark, and professionals made the Titanic. "Sorrow looks back Worry looks around and Faith looks up." Live as if Christ died yesterday, arose this morning, and is coming back tomorrow.