Now is not the time to argue over who is right or wrong. Now is the time to figure out how to get a fence up around that cemetery. I'm willing to help do the work but I'm not physically able to do it alone. We need local people to help. Even if you don't have an ancestor in this cemetery...do you want to see it destroyed? ----- Original Message ----- From: "Peggy C Fuller Keen" <dar@peggykeen.com> To: <VATAZEWE-L@rootsweb.com> Sent: Wednesday, February 09, 2005 8:39 PM Subject: Re: [VA-TAZEWELL] More Laws from Code of Virginia > 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 >> > > > ==== VATAZEWE Mailing List ==== > TAZEWELL UNSUBSCRIPTION DIRECTIONS > VATazewe-L-request@RootsWeb.com UNSUBSCRIBE [in subject line} > VATazewe-D-request@RootsWeb.com UNSUBSCRIBE [in subject line] >