Hello Everyone, I am writing to you concerning the imminent possible closure of the road to what is listed in the Lee County Cemetery Book as the Robinette Cemetery at Upper Wallens Creek in Lee County. This is a remote cemetery with many families having ancestors and relations buried there who may or may not be listed in the Cemetery Book. I received an urgent letter from Gene Smith of Duffield yesterday. He states that two land owners, Joey Cooper & Dick Jones, are trying to close the road that goes to the cemetery. A meeting was held in Jonesville about the problem and they thought they had resolved the issue but apparently had not. Supervisor Claude Ray is trying to help keep the road open. If Mr. Cooper and Mr. Jones have their way, the Robinette Cemetery and the road will be closed -- and there will be no way to get to the cemetery. I do not know how to contact Claude Ray but some of you out there may know. We need your help to prevent the closure of this road. Aren't there laws in Virginia to prevent this sort of thing from happening? Also bear in mind that sometime between 1998-2000 the property owner attempted to bulldoze this cemetery under. Buried in this cemetery is my Great-grandmother, Eliza Barbara "Lyde" Chafin Ward (18715-1903), her infant son Robert Ward, her mother Jerusha July Edens Chafin (1846-1916 in unmarked grave), & the following which is an incomplete list: Martin Drake (1805-1887); Elizabeth, wife of Martin Drake, 1804-1883; James L. Robinette, son of Michael & S. A. Robinette (1874-1875); E. W. Pennington (1903-1922); Robert Pennington, son of Hugh L. & Rebecca Pennington (1886-1903); Martha E. Lawson (1888-1921); W. J. L. Holbrook, son of Wilson & Sarah Holbrook (1876-1877). There are other graves in the cemetery. I myself have had the cemetery cleaned through Curt Lawson & Angie Lawson numerous times over the years though I live here in California. My grandmother, Pearl Ward Castle, tended the graveyard throughout her lifetime. I have visited this cemetery many, many times during my lifetime & did help my grandmother tend the graves. The cemetery is in a remote location & is very beautiful in the spring, especially when the wild lilies are in bloom. It is a wonderful peaceful place & the graves are virtually undamaged by mowers, etc, only suffering from erosion from the natural elements. Please help keep the road and the cemetery open. Thank you. Brenda Reed 510 601-9837 Oakland, CA
Info from the below site. Good luck. Berry Spradley Spring, TX http://www.jessee.org/body-jessee_cemetery_preservation.htm From the Code of Virginia: § 57-27.1. Access to cemeteries located on private property; cause of action for injunctive relief; applicability. A. Owners of private property on which a cemetery or graves are located shall have a duty to allow ingress and egress to the cemetery or graves by (i) family members and descendants of deceased persons buried there; (ii) any cemetery plot owner; and (iii) any person engaging in genealogy research, who has given reasonable notice to the owner of record or to the occupant of the property or both. The landowner may designate the frequency of access, hours and duration of the access and the access route if no traditional access route is obviously visible by a view of the property. Thelandowner, in the absence of gross negligence or willful misconduct, shall be immune from liability in any civil suit, claim, action, or cause of action arising out of the access granted pursuant to this section. B. The right of ingress and egress granted to persons specified in subsection A shall be reasonable and limited to the purposes of visiting graves, maintaining the gravesite or cemetery, or conducting genealogy research. The right of ingress and egress shall not be construed to provide a right to operate motor vehicles on the property for the purpose of accessing a cemetery or gravesite unless there is a road or adequateright-of-way that permits access by a motor vehicle and the owner has given written permission to use the road or right-of-way of necessity. C. Any person entering onto private property to access a gravesite or cemetery shall be responsible for conducting himself in a manner that does not damage the private lands, the cemetery or gravesites and shall be liable to the owner of the property for any damage caused as a result of his access. D. Any person denied reasonable access under the provisions of this section may bring an action in the circuit court where the property is located to enjoin the owner of the property from denying the person reasonable ingress and egress to the cemetery or gravesite. In granting such relief, the court may set the frequency of access, hours and duration of the access. E. The provisions of this section shall not apply to any deed or other written instrument that creates or reserves a cemetery or gravesite on private property. (1993, c. 713; 2004, c. 831.) From the Code of Virginia: § 18.2-127. Injuries to churches, church property, cemeteries, burial grounds, etc.; penalty. A. Any person who willfully or maliciously commits any of the following acts is guilty of a Class 1 misdemeanor: 1. Destroys, removes, cuts, breaks, or injures any tree, shrub, or plant on any church property or within any cemetery or lot of any memorial or monumental association; 2. Destroys, mutilates, injures, or removes and carries away any flowers, wreaths, vases, or other ornaments placed within any church or on church property, or placed upon or around any grave, tomb, monument, or lot in any cemetery, graveyard, or other place of burial; or 3. Obstructs proper ingress to and egress from any church or any cemetery or lot belonging to any memorial or monumental association. B. Any person who willfully or maliciously destroys, mutilates, defaces, injures, or removes any object or structure permanently attached or affixed within any church or on church property, any tomb, monument, gravestone, or other structure placed within any cemetery, graveyard, or place of burial, or within any lot belonging to any memorial or monumental association, or any fence, railing, or other work for the protection or ornament of any tomb, monument, gravestone, or other structure aforesaid, or of any cemetery lot within any cemetery is guilty of a Class 6 felony. A person convicted under this section who is required to pay restitution by the court shall be required to pay restitution to the church, if the property damaged is property of the church, or to the owner of a cemetery, if the property damaged is located within such cemetery regardless of whether the property damaged is owned by the cemetery or by another person. C. This section shall not apply to any work which is done by the authorities of a church or congregation in the maintenance or improvement of any church property or any burial ground or cemetery belonging to it and under its management or control and which does not injure or result in the removal of a tomb, monument, gravestone, grave marker or vault. For purposes of this section, church shall mean any place of worship, and church property shall mean any educational building or community center owned or rented by a church. (Code 1950, § 18.1-244; 1960, c. 358; 1975, cc. 14, 15; 1982, c. 561; 1983, c. 579; 1990, c. 510; 2004, c. 203.) At 09:26 AM 3/22/2005 -0500, you wrote: >Hello Everyone, >I am writing to you concerning the imminent possible closure of the road to >what is listed in the Lee County Cemetery Book as the Robinette Cemetery at >Upper Wallens Creek in Lee County. This is a remote cemetery with many >families >having ancestors and relations buried there who may or may not be listed in >the Cemetery Book. I received an urgent letter from Gene Smith of Duffield >yesterday. He states that two land owners, Joey Cooper & Dick Jones, are >trying to close the road that goes to the cemetery. A meeting was held in >Jonesville about the problem and they thought they had resolved the issue but >apparently had not. Supervisor Claude Ray is trying to help keep the road >open. If >Mr. Cooper and Mr. Jones have their way, the Robinette Cemetery and the road >will be closed -- and there will be no way to get to the cemetery. I do not >know how to contact Claude Ray but some of you out there may know. We >need your >help to prevent the closure of this road. Aren't there laws in Virginia to >prevent this sort of thing from happening? Also bear in mind that sometime >between 1998-2000 the property owner attempted to bulldoze this cemetery >under. > >Buried in this cemetery is my Great-grandmother, Eliza Barbara "Lyde" Chafin >Ward (18715-1903), her infant son Robert Ward, her mother Jerusha July Edens >Chafin (1846-1916 in unmarked grave), & the following which is an incomplete >list: Martin Drake (1805-1887); Elizabeth, wife of Martin Drake, 1804-1883; >James L. Robinette, son of Michael & S. A. Robinette (1874-1875); E. W. >Pennington (1903-1922); Robert Pennington, son of Hugh L. & Rebecca >Pennington >(1886-1903); Martha E. Lawson (1888-1921); W. J. L. Holbrook, son of >Wilson & Sarah >Holbrook (1876-1877). There are other graves in the cemetery. I myself have >had the cemetery cleaned through Curt Lawson & Angie Lawson numerous times >over the years though I live here in California. My grandmother, Pearl Ward >Castle, tended the graveyard throughout her lifetime. I have visited this >cemetery many, many times during my lifetime & did help my grandmother >tend the >graves. The cemetery is in a remote location & is very beautiful in the >spring, >especially when the wild lilies are in bloom. It is a wonderful peaceful >place & the graves are virtually undamaged by mowers, etc, only suffering >from >erosion from the natural elements. > >Please help keep the road and the cemetery open. Thank you. >Brenda Reed >510 601-9837 >Oakland, CA > > > >==== VALEE Mailing List ==== >To unsubscribe from the list send your message to ><[email protected]> for individual list messages; ><[email protected]> for digest messages. Then put the word >unsubscribe in the subject line and send your message. > >============================== >Jumpstart your genealogy with OneWorldTree. Search not only for >ancestors, but entire generations. Learn more: >http://www.ancestry.com/s13972/rd.ashx