April 12, 2009
TRACING OUR
ROOTS
BONE YARD VISITATION RIGHTS
Brenda Kellow
Visiting a
cemetery on private ground is a common question often asked by researchers as
they go about collecting tombstone information. It happens often. The frequency
reflects the numbers of burials on private land.
It is usually
sufficient to request a visit by contacting the landowner. Nevertheless,
sometimes this is not always the case. If you run into a particularly cranky
owner, you might just need to show a copy of the law regarding visitation.
In cases where
asking is not sufficient, ask the local sheriff to accompany you to the
cemetery. The presence of a law enforcement officer will certainly change the
mind of the disgruntled landowner.
Some cemeteries
are on public land but may have a fence with a locked gate. To gain access may
only require notifying the local historian or the police department. The men and
women in our law enforcement usually know these things. If not, then simply ask
the sheriff for the key holder’s name.
Sadly, I have on
one occasion here in Collin County I was escorted to a family cemetery located
on private land. The police officer was so polite to the landowner even though
the owner was speaking loudly and flailing his arms. At the end of the
conversation, the person offered to let us pass and even suggested he first mow
it before we walked around it. He said it would be dangerous because of the tall
grass and nearness to the creek.
When we returned
to the cemetery, it was freshly mowed and there was a path made for us. I was
rather surprised to find a rather new chain-link fence around the graveyard. I
don’t think anyone had been there for many years. Some of the stones lay on the
ground and had been so for several years. After recording the information, we
up-righted the gravestones and left the cemetery in better condition than we
found it.
Texas law
guarantees our right to safely enter and leave cemeteries located on private or
federal land. I examine Clear Lake cemetery about twice a year. The Corp of
Engineer’s owns it but they always let me enter without having to pay the usual
entrance fee to Lavon Lake.
This law is
“§711.041 Access to Cemetery.” The law as it pertains to a person desiring
access states:
“Any person who wishes to visit a
cemetery or private burial ground for which no public ingress or egress is
available shall have the right to reasonable ingress and egress for the purpose
of visiting the cemetery or private burial grounds. This right of access extends
only to visitation during reasonable hours and only for the purposes usually
associated with cemetery visits.”
The law pertaining
to the owner or owners of the lands surrounding the cemetery or private burial
grounds states:
“The owner or
owners may designate the routes of reasonable ingress and egress.” [Added by
Acts 1993, 73rd Leg., ch 634, §22, ed. Sept. 1, 1993.]
It is your right
to make these visits. Be proactive in maintaining the local cemeteries and
setting up the stones when needed. After all, there is probably a wonderful
person in another location taking care of your family cemeteries.
BEGINNING
GENEALOGY: Tracy Luscombe, genealogy librarian, will speak on beginning
genealogy on April 25 at the McKinney Library in McKinney from 10:15 a.m. until
11:45. There is no preregistration, fee, or donation requested or required.
Brenda Kellow has a bachelor's degree in history,
teaches, and lectures on genealogy. Before retiring to publish her family’s
histories in 2007, Brenda held certification as a Certified Genealogist and as a
Certified Genealogical Instructor. Send reunions announcements, books to review,
and genealogy queries to: TraceRts@verizon.net.
