Can you move a cemetery

While many of the coffins were tracked down, and archaeologists were able to identify and return the remains of some, there are still a number of ones which have gone missing. Identification of the coffins and remains allowed for the individuals to be reburied. If they were specifically identified they could be placed back in their original plot, but all found were given proper reburials.

Even now, coffins displaced from the flooding are still being found in swamps. Honoring the Dead: When some cemeteries become run down and no longer properly memorialize the dead they are disinterred and reburied in a more prominent location. A cemetery in Georgia was also relocated due to the run down nature of the property and its proximity to a new airport. Archaeologists in the community excavated the cemetery, and then reburied the individuals in an effort to create a location that would better protect and memorialize those buried there.

Many of the markers had been destroyed or lost, and it had been forgotten. By moving the cemetery and remarking the new graves, the community can better remember those deceased.

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Your notification has been saved. There was a problem saving your notification. Manage followed notifications. Where there is a public necessity for the discontinuance, the power to require the discontinuance of the use of a cemetery, necessarily includes the power to determine whether such public necessity exists. The determination of the legislature is conclusive upon the courts.

When the use is terminated and the cemetery abandoned, there is a reverter to the original donors or their legal representatives, free of such use.

This rule applies to both statutory and common-law dedications. Reinterments in land that have once been definitely abandoned as a cemetery do not have the effect of preventing a reverter. However, a different situation exists where there is an actual conveyance of lands.

In such situations, whether the land reverts to the grantor on the abandonment of the cemetery depends on whether the conveyance was absolute.

If so, there is no right of reverter or it constituted a conveyance on condition that the use of the premises for a cemetery be continued. All this necessarily means that the average family confronting the issue of the permanence of their loved one remaining in the plot face the question of what rights they really have. Ebenezer Baptist Church, Inc. White , So. Put simply, this means you do not own the land or have ownership rights of any type to any particular land.

It often can only be extinguished by abandonment. When a lot is purchased, the rights of the purchaser are expressed or deemed to be subject to the charter and the rules and regulations or bylaws of a cemetery association or corporation company. However, the rules and regulations adopted by the cemetery proprietor must be uniform and reasonable. See Hollywood Cemetery Asso. Powell , Cal. To confer an exclusive right to use a cemetery lot, a formal deed is not necessary.

Provided the prescriptive holders use the cemetery lot exclusively, continuously, and uninterruptedly, with the actual or presumptive knowledge of the owner, an easement can even be acquired by adverse possession. A cemetery lot may be held by two or more persons in common. Provided there is burial space still available, co-tenants of a burial lot hold it with the right to be buried therein in the order in which they die.

The consent of the other co-owners to the burial of their co-tenant therein is not necessary. Although it is recognized that a stranger to the tenancy may not, as a matter of right, be buried in a lot without the consent of all the co-tenants, where an interment has been made, the courts are reluctant to order the removal of the body. Usually, a burial lot cannot be made subject to partition after bodies have been interred therein as a public policy rule.

Locke v. Locke , Ala. In some jurisdictions, after an interment is made in a burial lot held by an individual owner, the lot becomes inalienable, except by specific devise, or as provided by statute. Moreover, the rules of the company may provide against alienation or subdivision, or there may be an express provision in a conveyance of a cemetery lot to the effect that it may not be transferred except with the consent of the cemetery company.

In the absence of an assignment of sites by the purchaser of a family cemetery plot before death, the lineal descendants of the deceased purchaser have an easement in the unused sites in ground dedicated to family burials.

Fraser v. Tenney , S. Since the right of the owner of a burial lot has been designated as an easement or license, in the absence of statutory restrictions or contractual conditions to the contrary, the right is one which is devisable and inheritable. A burial lot not specifically devised does not pass under a general or residuary devise, absent a statute. It passes to the heirs at law of the testator as if the testator had died intestate. If the result would be the disruption of the character of the lot as a family burial plot, the lot can be deemed not to pass by will.

Robertson v. Olivet Cemetery Co. Thus, the heir takes subject to a trust for the benefit of the family. A burial lot in which bodies have been interred cannot be subject to a mortgage.