
03/30/06, 11:00 PM
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Join Date: Mar 2006
Posts: 10
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One of my first postings on this particular bulletin board, but here goes. I spend a lot of time tracing my ancestors, most of the more recent ones lived in Kentucky. Fortunately, most have been buried in larger church related cemeteries, and so the questions asked above are not germain to them. However, I have one line that is buried in a little private cemetery, on land they once owned, alongside what used to be a county road. Over the years, the road was relocated and the property was sold. It now belongs to a "coal company" and there is a ventilation shaft for the mine rearing its ugly head in the middle of this little enclave. All the stones are down, but still extant, albeit broken. One grave contains the remains of a Veteran of the War of 1812. The area is now overgrown, indeed has been logged within the last couple of years. I have not been successful in finding out the status of protection for cemeteries with veterans of the War of 1812 interred there, but this is what the Kentucky law says in general: LAW KRS 525.115 Violating Graves:
1. A person is guilty of violating graves when he intentionally:
a. Mutilates the graves, monuments, fences, shubbery, ornaments...; or
b. Violates the grave of any person by destroying, removing, or damaging the headstone....; or
c. Digs into or plows over or removes any ornament, shubbery ...(etc.)
2. The provision of subsection 1 of this section shall not apply...nor the removal and relocation of graves pursuant to procedures authorized by and in accordance with applicable statutes. (Earlier, there was a whole section on public notice procedures etc.)
3. Violating graves is a Class A misdemeanor for the first offence and a Class D Felony for each subsequent offence.
(Enacts. Acts 1992, effective July 14 1992)
Furthermore, from my own perspective, it is just plain rotten to remove gravestones or plow up cemeteries, even on private property. May they rest in peace!
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