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. >

I too, am not a lawyer, but the current Code of Virginia is quite explicit in its verbage on the treatment of cemeteries and burial grounds. Granted, it is in very desperate need of revision. While the owners shall have the duty to allow ingress, they are within their rights to deny such without a court order.If we are met with refusal upon proper request, remedy is offered in the courts. Ultimately, the cemetery may not be defaced in any manner. Debra From the Code of Virginia § 18.2-127. Injuries to churches, church property, cemeteries, burial grounds, etc.; penalty. 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 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. In regards to ingress; remedy in the courts. § 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. 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.... ... sorry for the dots ;- } D. Any person denied reasonable access under the provisions of this section may bring action in the civil courts 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 ... (1993, c. 713; 2004, c. 831.) Peggy C Fuller Keen wrote: 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

In my opinion, the code posted is NOT explicit at all. Unless the cemetery is excepted out of a tract of land, it is not a public cemetery, it is part of the tract of land. The landowner has control of it. He can do anything he wants, except dig up the graves. He can plow it, and plant crops on it if he wishes. § 18.2-127. Injuries to churches, church property, cemeteries, burial grounds, etc.; penalty, is referring to church and public cemeteries. This disagreement is why we have courts. And as a landowner, I can tell you there is no law that says I can't move a stone, be it gravemarker or "a rock" on my private property, if I choose to do so. It all depends on how the deed is written, and you better wake up and smell the roses, because if you think I am wrong. Peggy ----- Original Message ----- From: "Debra Rookard" <d_rookard@adelphia.net> To: <VATAZEWE-L@rootsweb.com> Sent: Wednesday, February 09, 2005 8:14 PM Subject: Re: [VA-TAZEWELL] More Laws from Code of Virginia >I too, am not a lawyer, but the current Code of Virginia is quite explicit > in its verbage on the treatment of cemeteries and burial grounds. Granted, > it is in very desperate need of revision. > > While the owners shall have the duty to allow ingress, they are within > their > rights to deny such without a court order.If we are met with refusal upon > proper request, remedy is offered in the courts. > > Ultimately, the cemetery may not be defaced in any manner. > Debra > > > From the Code of Virginia > > § 18.2-127. Injuries to churches, church property, cemeteries, burial > grounds, etc.; penalty. > > 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 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. > > > In regards to ingress; remedy in the courts. > > > § 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. > > 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.... > > > ... sorry for the dots ;- } > > > D. Any person denied reasonable access under the provisions of this > section > may bring action in the civil courts 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 ... > > (1993, c. 713; 2004, c. 831.) > > > > Peggy C Fuller Keen wrote: > > 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 > > > > ==== VATAZEWE Mailing List ==== > TAZEWELL LIST ADMINISTRATOR > VATazewe-Admin@Rootsweb.com >