Graves in Va cannot be disturbed legally without appropriate court orders.
Unfortunately, in the past it has been the case that graves have been
destroyed, covered over or exhumed for reburial elsewhere without appropriate
legal sanction. Contact a judge, or the sheriff's office if there has been any
damage already to the graveyard, which is also illegal. The sheriff must stop
the proceedings until the legal aspects are settled.



>
>
> 1. Does the county have to notify the all decedents for approval to move or
> can just one give the approval?
>

The county has no legal authority to move as it must petition the courts under
VA law. Typically what happens is that the property owner will petition the
court to remove the burials for reburial elsewhere. If the graves are
unmarked, an attorney will be appointed to represent the interests of the
unknown individuals and by implication their descendants. What typically
happens is that the court will order that a notice be placed in a public
place, i.e.. newspaper for 30 days stating the location, proposed course of
action, names of people interred if available, etc. If there is no comment
after 30 days, the judge will then make a ruling, which again typically will
consist of granting a consent to exhume and rebury.

Ask to see the appropriate permits for exhumation. Ask to formally be a part
of the proceedings as a descendant.

If any federal funds are being used for the construction of the facility, a
permit may be required which would trigger Section 106 of the National
Historic Preservation Act which would generally require a survey be done to
locate archaeological sites and standing structures on or eligible for the
National Register of Historic Places. Find out if any federal funds or permits
are in use.

>
> 2. Do family members have input as to were the bodies are reinterned?
>

Yes

>
> 3. If we do not want the bodies moved what recourses do we have?
>

Appear in court and state your case.


There are two routes to go on exhumation. 1) archaeological excavation,
examination & appropriate reburial. This option is done where there is a
legitimate archaeological interest and generally is not done on burials after
the Civil War. Permits from the Department of Historic Resources are required
and the permit spells out the steps, procedures and costs involved for each
part, along with a timetable. Depending upon what information comes from the
exhumation, reburial may take over a year, as scientific information gain is
sometimes a slow process. This has been done in Europe and here in America
with often amazing results in which the descendants were proud to have
participated.

2) Funeral home exhumation and reburial.

The costs are generally the same. However, unless you specify that all of the
remains are to be removed, it has been the practice among a minority of
businesses to remove what is called the "essence of the body" which translates
into digging to the bottom of the grave with a backhoe and taking a shovel
full of black earth, or at worst a few bones, and putting them into a coffin.
This is not a blanket condemnation of funeral home practices, but it has
happened. Again, the best means of insuring that all of Uncle George is
removed for reburial is to be there while it's going on and to have it
specified in the court proceedings that all of Uncle George is to be removed.
However, with metal coffins and relatively recent burials, this practice is
probably not going to happen.

Lyle

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