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KENTUCKY CEMETERY LAWS:
From the Kentucky Revised Statutes (KRS)
KRS 381.690 Protection of burial grounds
by cities
Whenever any burial grounds lie within the
corporate limits of a city the governing authorities of the city
shall protect the burial grounds from being used for dumping
grounds, building sites, playgrounds, places of entertainment and
amusement, public parks, athletic fields or parking grounds.
HISTORY:
KS 2741p-1
Penalty, 381.8990(2)
KRS 381.697
Every cemetery in Kentucky except private
cemeteries shall be maintained by its legal owner or owners,
without respect to the individuals owners of burial plots in the
cemetery, in such a manner so as to keep the burial grounds or
cemetery free of growth of weeds, free from accumulated debris,
displaced tombstones or other signs and indication of vandalism
or gross neglect.
HISTORY:
1972 H 157, § 2, Effective: 6-16-72
Penalty, 381.990(2)(4)
KRS 381.700
The governing authorities of any city within
whose corporate limits any burying grounds lie may require the
owner or those having claims to the grounds to properly care for
them.
HISTORY:
KRS 2741p-2.
Penalty, KRS 381.990(2)
KRS 381.710 Evidence of dedication or use
of land as burying ground.
The fact that any tract of land has been set
apart for burial purposes and that a part or all of the grounds
has been used for burial purposes shall be evidence that such
grounds were set aside and used for burial purposes. The fact
that graves are not visible on any part of the grounds shall not
be construed as evidence that such grounds were not set aside and
used for burial purposes.
Effective: 1 October 1942
History: Recodified 1942 Ky Acts Ch. 208,
sec 1, effective October 1, 1942, from Ky Stat. Sec 2741 p.-3.
KRS 381.715 Burial Rights in cemetery
lots; abandonment; resale by cemetery (amended 18 March 1994)
(1)
As used in the section, cemetery lot is a lot
containing one (1) or more grave spaces located within a cemetery
registered pursuant to KRS 367.946 in a county containing an
urban-county government or in a city.
(2)
An officer of the cemetery may cause to be filed, on behalf of
the cemetery an action in the circuit court of the county where
the cemetery is located requesting that the burial rights in the
unused portion of the lots in question be deemed abandoned and
that the cemetery be authorized to sell the rights upon entry of
the courts judgment. The defendants in the action shall be
the unknown heirs of the original owner of the burial rights in
the lots in question.
(3)
The petition shall include the following:
(A)
The name of the original owner of the burial rights in the lots
in question.
(B)
The name of all persons buried in the lots and the date of
burial, if known.
(C)
The name, address and telephone of the cemetery office.
(D)
An affidavit by the petitioner that:
1.
No person has been buried in the cemetery lots in question for a
period of at least one hundred (100) years.
2.
The identity of any owner of the burial rights in the lot in
question or any heir of the owner is unknown to any officer or
employee of the cemetery and not discoverable after a good faith
attempt by an officer or employee to identify the owner or heir.
(4)
Service of process shall be by warned order attorney, appointed
by the court pursuant to CR 4.07.
(5)
If the court finds the allegations set forth in paragraph (d) of
subsection (3) of this section to be true, the court shall enter
judgment deeming the burials rights in the lots in question
abandoned and authorizing the cemetery to sell the rights.
(6)
No judgment shall be entered declaring burial rights abandoned if
an owner or heir of a cemetery lot has filed within the cemetery
a statement in writing directing that certain grave spaces not be
used.
HISTORY:
1984 c 267, § 1, Effective: 7-13-84
KRS 381.720 Abandoned cemetery in certain
cities, proceedings to vest title in city
Whenever in the opinion of the legislative
body of a city of the first, second, third, fourth or fifth class
a cemetery located within the boundaries of such city has been
abandoned and the land comprising the said cemetery is needed for
a public purpose, an ordinance may be enacted declaring such
cemetery, as described by metes and bounds, to be abandoned and
authorizing the city attorney to institute suit for the city or
other governmental agency created by the city in the circuit
court of the county in which the city is located against the
property comprising the cemetery to declare the said cemetery
abandoned and to vest title thereto in the said city, or any
governmental agency created by it pursuant to or authority of the
Kentucky Revised Statutes.
HISTORY:
1964 c 24, § 1. Effective: 3-10-64
1954 c 29, § 1
CROSS REFERENCES
Abandonment or discontinuance of cemeteries.
14 Am Jur 2d, Cemeteries § 21 to 24.
KRS 381.740 Assertion of claim to
compensation for value of interest in cemetery or lot
Within thirty days after the last
advertisement, and party having a claim to the cemetery or any
lot therein or to the mortal remains of a person interred
therein, may file his claim in the said proceedings for damages
as compensation for the value of his interest in the cemetery or
lot to which he has claim. Upon the filing of the aforesaid claim
the circuit court shall appoint as commissioners three impartial
housekeepers who are owners of land. They shall be sworn to
faithfully and impartially discharge their duties. The
commissioners shall view the land involved and they may hear
evidence or make any inquiry they desire touching the value
thereof and award to claimant who are owners thereof the value of
the property taken. They shall return a written report to the
office of the clerk of the circuit court describing separately
the property which is subject of each claim. Either the claimant
or the complainant may file exceptions to this report and demand
a jury trial. The commissioners shall be allowed a reasonable fee
which shall be taxed as cost.
HISTORY:
1964 c 24, § 3, eff. 3-10-64
1954 c 29, § 3
CROSS REFERENCES
Property rights in lots or vaults; burial
and incidental rights. 14 Am Jur 2d, Cemeteries § 25 et seq.
KRS 381.750 Judgment; removal of bodies
and monuments
If no claim is made within thirty days after
the last advertisement, or if claims have been made and
compensation duly paid either to the claimants or into court, the
court shall declare the cemetery to be abandoned and enter
judgment accordingly, vesting fee simple title in the complainant.
Thereafter claimants shall have thirty days in which to remove
the mortal remains and monuments from lots to which they have
been adjudged to have claim, the reasonable cost thereof to be
paid by the claimant. If, within thirty days after entry of
judgment said remains have not been removed by the claimants
thereto, it shall be the duty of such complainant, through its
proper officers, to pay for the removal of the monument and the
disinterment, removal, and the reinterment of such body, or
bodies, in such other cemetery in the county in which said city
is located as the protesting lot owner may designate, or if no
designation be made, to another suitable cemetery in the county.
HISTORY:
1964 c 24, § 4, eff. 3-10-64
1954 c 29, § 4
CROSS REFERENCES
Property rights to vaults and gravestones.
14 Am Jur 2d, Cemeteries § 33
Changing place of interment. 22 Am Jur 2d,
Dead bodies § 22 to 28
Removal and reinterment of remains, 21 ALR2d
472
KRS 381.755 Removal of grave or cemetery
on application of land owner or county; procedure; expenses
OAG 83-265. Liability for desecration of
graves may exist when land that has been previously been used as
a cemetery is reused as a cemetery without first removing and
reinterring the remains of those previously buried there. There
is no liability for desecration if the cemetery is abandoned so
that nothing indicates there are graves in the ground, the person
is without notice that graves exist, and the public no longer
recognizes the land as a cemetery.
KRS 381.755 Removal of grave or cemetery
on application of land owner or county; procedure; expenses
(1) Upon
application of the owner of property on which is located an
abandoned grave or cemetery or whenever the fiscal court or any
county deems it to be in the best interest of the county to
remove and relocate any such grave or cemetery the court may
issue an order or resolution authorizing such removal or
relocation.
(2) The order
or resolution for the removal and relocation of the grave or
cemetery pursuant to subsection (1) shall specify and declare
that at any time after the expiration of sixty days after the
first publication of notice of such intended action pursuant to
KRS Chapter 424, the court shall direct the removal and
relocation of the grave or cemetery.
(3) Expenses
for removal and relocation of any grave or cemetery under the
provisions of this section shall be paid by the individual
requesting such removal or if the removal is made in the best
interest of the county the expenses shall be paid by county funds.
(4) Any grave
or cemetery removed under the provisions of this section shall be
relocated in suitable place at the expense of the person or
county requesting such removal and relocation.
(5) For the
purposes of this section a grave or cemetery shall be considered
abandoned when left untended for a period of ten years preceding
the date of the resolution for removal and relocation of the
grave or cemetery.
KRS 433.660
Any person who willfully mutilates the
graves, monuments, fences, shrubbery, ornaments, grounds or
buildings in or enclosing any cemetery or place of sepulture; or
violates the grave of any person by willfully destroying,
removing or damaging the head or foot stones, or the tomb over
the enclosure protecting any grave, or by digging into or plowing
over or removing any ornament, shrubbery or flower placed upon
any grave or lot shall be fined not less than ten dollars nor
more than one hundred dollars, or imprisoned for not more then
six months, or both.
KRS 525.105 Desecration of venerated
objects, first degree.
(1) A person is
guilty of desecration of venerated objects in the first degree
when, other than authorized by law, he intentionally excavates or
disinters human remains for the purpose of commercial sale or
exploitation of the remains themselves or of objects buried
contemporaneously with the remains.
(2) Desecration
of venerated objects in the first degree is a Class D felony. (Enact.
Acts 1988, ch 19, § 1, effective March 30, 1988.)
KRS 525.110 Desecration of venerated
objects, second degree.
(1) A person is
guilty of desecration of venerated objects in the second degree
when he intentionally:
(a) Desecrates any public monument or object or place of worship;
or
(b) Desecrates in a public place the national or state flag or
other patriotic or religious symbol which is an object of
veneration by the public or a substantial segment thereof.
(2) Desecration of venerated objects in the
second degree is a Class A misdemeanor.
(Enact. Acts 1974, ch 406, § 221; 1988, ch
119, § 2, effective March 30, 1988; 1992, ch. 420, § 3,
effective July 14, 1992).
KRS 525.115 Violating graves
(1) A person is
guilty of violating graves when he intentionally:
(a) Mutilates the graves, monuments, fences, shrubbery,
ornaments, grounds, or buildings in or enclosing any cemetery or
place of sepulture; or
(b) Violates the grave of any person by destroying, removing, or
damaging the headstone or footstone, or the tomb over the
enclosure protecting any grave; or
(c) Digs into or plows over or removes any ornament, shrubbery,
or flower placed upon any grave or lot.
(2) The
provision of subsection (1) of this section shall not apply to
ordinary maintenance and care of a cemetery nor the removal and
relocation of graves pursuant to procedures authorized by and in
accordance with applicable statutes.
(3) Violating
graves is a Class A misdemeanor for the first offense and a Class
D felony for each subsequent offense.
(Enacts. Acts 1992, ch. 420, § 2, effective
July 14, 1992.)
KRS 525.120 Abuse of a corpse
(1) A person is
guilty of abuse of a corpse when except as authorized by law he
intentionally treats a corpse in a way that would outrage
ordinary family sensibilities.
(2) Abuse of a
corpse is a Class A misdemeanor. |
This page last updated on:
November 22, 2009 |