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    1. Re: [VALEE] Urgent Situation regarding Robinette Cemetery, Upper Wallens Cree...
    2. We have just experienced a similar situation concerning a family cemetery in another VA County. Our family cemetery that dates back to the late 1700s, holds many of our ancestors, including our Revolutionary Patriots and their families and several of our Confederate Soldiers with CSA tomb stones. The cemetery has been maintained and is enclosed with a very high quality wrought iron fence that was installed in 1890 and remains in excellent condition. The land was sold about 50 years ago and no longer is owned by the family, but the cemetery was always maintained with no problems. Three years ago when a group of family members went up for a spring clean up day they were approached by a very large man unknown to any of the family. He had a very large ax in his hands and ordered everyone off of the property and refused to allow them to gather the paint and equipment they had brought for the clean up. It was all left in the cemetery. Later in the week a family member went back to attempt to recover some of the power equipment that had been left. Again, he was approached by the man -- this time with a shotgun. After much research at the Court House, we discovered that the land had been purchased 20 years before by a couple in PA. Their son had recently moved into and renovated the home that is located on the land and sits beside the 4/10 mile road leading to the cemetery. I guess since none of the owners had lived on the property in the 50 years or so that it had fallen out of the family, we were never challenged by anyone when we went to the cemetery. The first thing we did was talk to the Commonwealth's Attorney for the County and he told us the law was on our side and he didn't think anyone could keep us from the cemetery. He suggested that we hire a real estate attorney. That sounded expensive and time consuming! Since we live in Richmond, we spoke to several attorneys in the Commonwealth Attorneys office and they told us that NO ONE can prevent us from visiting a family cemetery. They told us of a case where a landowner built a home and fenced off the access road to the cemetery in order to prevent a family from visiting their cemetery and the landowner was told to provide another access or TEAR his house down! I took the easy way out and called the property owners in PA and they have written us a letter allowing us access any time and permission to park on the cemetery road as well as another gravel road that runs through the property. We are still trying to work our a permanent access of some type because the owners are elderly and we are uncertain as to what the son may do when they pass away and he becomes the land owner. At least I now know that access can not be denied legally! It may take a court order. Hopefully you can get the landowners cooperation. I used HONEY and not THREATS and was successful for now. I am not certain just what the future holds! The program for my last DAR meeting was about SAVING these old family cemeteries. Wonder if your local DAR, SAR, etc could help apply some leverage? Good luck! Anne

    03/22/2005 04:05:27