Another Old cemetery issue

[Gare]

I know of 3 or 4 old cemeteries near me that are not being taken care of. One of them the stones were removed. The property owner around it does NOT ALLOW anyone to go there. In the 1800's It was deeded for the cemetery. What can someone do to get it open back up so the people buried there are properly acknowledged ? I did not know if the law of Eminent Domain /

 

[Mud Hut]

If it is on private property and not a registered cemetery, there is nothing that can be done.

 

[Older The Better]

Feel like there has to be a database somewhere, registered or not… that way in the future someone doesn’t go to build a house or something and dig into a bunch of graves, then the police would have to be called to make sure it’s not the work of a cereal killer… just seems reasonable to track that stuff private property or not. I don’t know if that would open up any avenues as far as what to do with it but maybe something can be done

 

[Crow]

In the U.S., the legal status of an abandoned cemetery on private property varies by state, but generally, landowners have a legal obligation to allow access for burial purposes and potentially genealogy research. Landowners may also be required to maintain the site, but the specifics depend on state and local laws.

So it is a very grey area.

Crow

 

[Gare]

If it is on private property and not a registered cemetery, there is nothing that can be done.One is on private property. In 1859 it was deeded to a no longer existing church for a dollar

 

[Gare]

BTW mud thank you for your reply

 

[AU Seeker]

"One is on private property. In 1859 it was deeded to a no longer existing church for a dollar"

Being that is was deeded to the church, then it would now be owned by the present owner of the old church property since it became part of the church property, so it is indeed private property.

So maybe research who now owns the old church property and contact them for access and or help.

 

[Gare]

Thank you Au for your input

 

[ToddsPoint]

In IL, old cemeteries on private property have to be accessible. If it’s behind a fence, property owners are required to give you access.

 

[Gare]

But what do you do Todspoint if they won't give you permission ?

 

[Mud Hut]

In IL, old cemeteries on private property have to be accessible. If it’s behind a fence, property owners are required to give you access.

Frequently Asked Questions

The following list of questions is specific to Illinois. Other states may have different laws and requirements and you should contact their state historic preservation office for answers. In addition, these answers do not constitute legal advice. You

dnrhistoric.illinois.gov

see rule No. 6

 

[Gare]

Frequently Asked Questions

The following list of questions is specific to Illinois. Other states may have different laws and requirements and you should contact their state historic preservation office for answers. In addition, these answers do not constitute legal advice. You

dnrhistoric.illinois.gov

see rule No. 6

Mudhut this is great information Thanks for posting this. Do you have any place i can get it for Ohio ?

 

[Mud Hut]

Mudhut this is great information Thanks for posting this. Do you have any place i can get it for Ohio ?

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Can You Have a Family Cemetery on Private Property in Ohio?

Explore the legal and practical aspects of establishing a family cemetery on private property in Ohio, including permits and regulations.

legalclarity.org

See section called "Property Access and Visitation"

 

[BennyV]

I always wondered about this myself. Most I see are usually fenced off with the headstones still standing.

I remember reading somewhere that burial plots have a 99 year lease or something like that. I am not sure if that comes from the cemetery, in case they run out of room, or something else.

 

[Gare]

​

Can You Have a Family Cemetery on Private Property in Ohio?

Explore the legal and practical aspects of establishing a family cemetery on private property in Ohio, including permits and regulations.

legalclarity.org

See section called "Property Access and Visitation"

MUD HUT I sure thank you !!!!!!

 

[Gare]

I always wondered about this myself. Most I see are usually fenced off with the headstones still standing.

I remember reading somewhere that burial plots have a 99 year lease or something like that. I am not sure if that comes from the cemetery, in case they run out of room, or something else.

99 years does seem like a short time. I have one soldier here that was buried in 1821

 

[Gare]

All the information people are posting here SURE HELPS THANKS ALL !!!