On Jun 2, 2008, at 1:25 PM, Anita Wills wrote:

> I am very interested in this topic, as my ancestors are buried in  
> graves throughout Virginia. One of the graves is located on private  
> property, and the owner has given me access one time.
OK so far. By law, as Suzanne Levy has updated my knowledge base with  
the 1993 update of the code of VA, you have legal recourse if refused  
entry.

>  However, he told me that he would not allow me access to the  
> remains of those buried in the grave on his property.
What do you mean by that? Is it a graveyard with multiple graves or a  
mass burial of several individuals in one grave? If you mean visiting  
and doing the usual communing with the ancestors while there, then you  
have legal recourse if denied. If you mean entering the grave, then  
you have no legal rights and in fact would be breaking the law if you  
did.

>  So my question is what right does he have to the remains of my  
> ancestors?
None whatsoever without court or Dept. of Historic Resources permits.  
No one can disturb them legally without a permit.

> I would like to have a ceremony and consecrate the grave.  There are  
> slaves and Native Americans buried in the grave, which is not even  
> marked off.
That would be permitted as per the code of Virginia. I'd say print out  
the code and use that to persuade the owner.

Lyle Browning
>
>
> Anita Wills
>
> Mon, 2 Jun 2008 10:58:56 -0400
>> From: [log in to unmask]
>> Subject: Va. Law on visiting rights to a cemetery
>> To: [log in to unmask]
>>
>> Code of Virgina (1950)
>>
>> § 57-27.1. Access to cemeteries located on private property; cause  
>> of action for injunctive relief; applicability.
>>
>> A. Owners of private property on which a cemetery or graves are  
>> located shall have a duty to allow ingress and egress to the  
>> cemetery or graves by (i) family members and descendants of  
>> deceased persons buried there; (ii) any cemetery plot owner; and  
>> (iii) any person engaging in genealogy research, who has given  
>> reasonable notice to the owner of record or to the occupant of the  
>> property or both. The landowner may designate the frequency of  
>> access, hours and duration of the access and the access route if no  
>> traditional access route is obviously visible by a view of the  
>> property. The landowner, in the absence of gross negligence or  
>> willful misconduct, shall be immune from liability in any civil  
>> suit, claim, action, or cause of action arising out of the access  
>> granted pursuant to this section.
>>
>> B. The right of ingress and egress granted to persons specified in  
>> subsection A shall be reasonable and limited to the purposes of  
>> visiting graves, maintaining the gravesite or cemetery, or  
>> conducting genealogy research. The right of ingress and egress  
>> shall not be construed to provide a right to operate motor vehicles  
>> on the property for the purpose of accessing a cemetery or  
>> gravesite unless there is a road or adequate right-of-way that  
>> permits access by a motor vehicle and the owner has given written  
>> permission to use the road or right-of-way of necessity.
>>
>> C. Any person entering onto private property to access a gravesite  
>> or cemetery shall be responsible for conducting himself in a manner  
>> that does not damage the private lands, the cemetery or gravesites  
>> and shall be liable to the owner of the property for any damage  
>> caused as a result of his access.
>>
>> D. Any person denied reasonable access under the provisions of this  
>> section may bring an action in the circuit court where the property  
>> is located to enjoin the owner of the property from denying the  
>> person reasonable ingress and egress to the cemetery or gravesite.  
>> In granting such relief, the court may set the frequency of access,  
>> hours and duration of the access.
>>
>> E. The provisions of this section shall not apply to any deed or  
>> other written instrument that creates or reserves a cemetery or  
>> gravesite on private property.
>>
>> (1993, c. 713; 2004, c. 831.)
>>
>> http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+57-27.1
>>
>> Brian A. Conley, Asst. County Archivist
>> Fairfax County Archives and Records Management Branch 6800-A  
>> Industrial Rd., Springfield, Va. 22151
>> (703) 658-3775  Voice     (703) 642-2832  FAX
>>
>> ______________________________________
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