Kathy is correct, however in all matters where prohibitions are provided under certain circumstances by the law, the ultimate and bottom line question (and the one I answered) is "OK, so the law says that, but the landowner says that under no circumstances will he give me permission to come on the property. So what do I do????"

The REAL answer, no matter what the law says, is: Go to your lawyer, checkbook in hand, and tell him you want very much to enforce that portion of that VA law that says the landowner must allow you ingress for a visit to that cemetery.  The lawyer will say to you, "OK, that is fine, but remember that we must go to court and prove that what you want to do is 'reasonable'. He further will say, "I will require a retainer, and, of course, that case will involve more money for me, for witnesses, for court costs and filing fees, several days away from work by you, and likely will take 6 weeks to 6 years before the court will hear your case and render a decision. Shall we go ahead, Mr. Client???"  Then, you say what??????

For the short while that I practiced law before opting for a business career, I had a very good client named Bill.  He called me on my car phone one morning and told me that a certain landowner - Mr. George Spradling - was sitting atop some important equipment that Bill had left there when the lease expired the day before, had locked the gate, and would not let Bill come on the property to recover that equipment.  I said, "He has no right to keep you out, Bill".  He said "But Paul, what do I do about Mr. Spradling's shotgun?"

The point is made; some rights are difficult and very costly to enforce.


Genealogy without documentation is nothing.
                     Paul Drake JD
                Genealogist & Author
            <www.DrakesBooks.com>


  ----- Original Message -----
  From: qvarizona
  To: [log in to unmask]
  Sent: Sunday, April 09, 2006 9:02 AM
  Subject: Re: [VA-ROOTS] DNA


  Very interesting information, Kathy; thanks for sharing an archaeologist's knowledge.  In addition to the website you listed, here's another that I found  last night.  (What    ever did we do before Google?)

    http://www.dhr.virginia.gov/home.htm

    For those too busy to check the site out, The Code of Virginia (§ 57-27.1) requires, among other things, that, "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 or descendants of deceased persons buried there; (ii) any cemetery plot owner; and (iii) any person engaging in genealogy research . . ." The Code does allow the property owner to 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."

  Scroll down to Cemetery Preservation and FAQs for more.

    Joanne



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