Here is a code from the VA State that I received today: § 18.2-127, Injuries to Churches, Church Property, Cemeteries, Burial Grounds A. Person willfully/maliciously commits any of the following (#1-3 are Class 1 misdemeanors) 1. Destroys, removes, cuts, breaks, removes or carries away flowers, wreaths, etc. on/within church property or within ceremony 2. Destroys, mutilates, injures, removes, carries away flowers, wreaths, etc., or other ornaments placed within/on church property or upon any grave/tomb/monument/burial place 3. Obstructs ingress/egress to/from church/cemetery/associated lot 4. Destroys, mutilates, defaces, injures, removes object/structure permanently affixed within/on church property/tomb/monument/gravestone/other structure/place of burial (Class 6 felony). Cyndi ----- Original Message ----- From: "Peggy C Fuller Keen" <dar@peggykeen.com> To: <VATAZEWE-L@rootsweb.com> Sent: Wednesday, February 09, 2005 6:08 PM Subject: Re: [VA-TAZEWELL] More Laws from Code of Virginia > I wasn't sure I was going to post on this matter, again, but I feel I must. > First of all, let me say I am not a lawyer. > I still stand behind my first post about the landowner of a private > gravesite, and here is why: > The VA cemetery law posted to this board, says NOTHING about the landowner > removing the gravemarkers from a private gravesite. And I assure you, he > does not have to allow you to go onto his property. If you read it > carefully, you will see it really protects the landowner from civil suits. I > think the key word in this section is in section A."...shall have a duty..." > it doesn't say he MUST allow. > I attended a seminar a few years ago, on this subject. I was very shocked to > learn the landowner could legally do this. I spoke with a lawyer friend of > mine, today, and she told me I was right. > I say all of the above to say this: > As long as people take for granted there is a law that will protect > gravesites on private land, there NEVER will be one. Everyone "assumes" > there is a law, and therein lies the problem.. > The Historical Societies, DAR, SAR, SCV, UDC, Genealogy groups, etc., needs > to band together to make sure the laws are changed and to document these > cemeteries for historical preservation. > > Peggy C Fuller Keen > Buchanan County Historical Society President > Sandy Basin Chapter, NSDAR Orgainzing Regent > > > > > ----- Original Message ----- > From: <NOLES1574@aol.com> > To: <VATAZEWE-L@rootsweb.com> > Sent: Tuesday, February 08, 2005 9:48 AM > Subject: [VA-TAZEWELL] More Laws from Code of Virginia > > > >I found this in the Code of Virginia. Am I reading this wrong or can > >someone help decode it?> > > > > "§ 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. The landowner, 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 adequate > > right-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.) " > > > > . > > > > > > ==== VATAZEWE Mailing List ==== > > Take an extra moment to delete unnecessary > > material from a reply you give to someone. > > It looks more professional, and looks like > > you've taken the time to send your best. > > > > > ==== VATAZEWE Mailing List ==== > Take an extra moment to delete unnecessary > material from a reply you give to someone. > It looks more professional, and looks like > you've taken the time to send your best. >