As a professional archaeologist who has excavated many burials in the course of my career please let me chime in. Burial grounds are "owned" by the people buried in them and their descendants. I put "owned" in quotes because it is more in the sense of a private claim to the property as opposed to a deeded parcel (although some family plots are contained in deeds). They are supposed to be registered with the county Office of Revenue as a cemetery, at which point the parcel is permanently placed on the tax map and it becomes tax exempt. A cemetery has no assessed value and cannot be disturbed in any way without a lengthy court process -- even then, permission is usually denied unless there is a compelling reason. As Joanne noted, free access must be given to descendants or anyone with a "reasonable" interest, e.g. historians, genealogists. This does not mean that you can go traipsing into someone's yard unannounced. While technically you must always ask permission before entering someone's land, if the cemetery is in the middle of nowhere, and the land is not posted No Trespassing, it probably won't hurt to go look at it. But, if the land is posted or it is in the immediate vicinity of someone's home, you MUST ask permission or risk arrest for trespass. Most property owners will give you permission -- by law they MUST allow you reasonable access if you have a legitimate reason for asking it. If they refuse permission you can apply to the court for access. It is a violation of state and, in some cases, federal law to violate or disturb a burial in anyway. In Virginia (and I believe most states), disturbing a grave is a felony. Archaeologists and other professionals must apply for permits to excavate burials, and they must show very compelling reasons. Short of as part of a full-blown archaeological project, permission is rarely granted. In Maryland (where I excavated burials), permission is sought through the State's Attorney's office. In Virginia it is through the Department of Historic Resources and the court. While I can't say for sure, I doubt very much that you would get an exhumation order for DNA testing of this sort. Satisfying personal curiosity is not considered a compelling reason. For those interested in reading the laws regarding cemeteries, they may be found at the Code of Virginia on-line database http://leg1.state.va.us/000/src.htm --- a very useful site for many purposes. Search on "burials" or enter the reference number. Pertinent to this case are: 18.2-126 Violation of Sepulture. . . 57-27.1 Access to cemeteries located on private property. . . If it is any consolation, Jim, it is unlikely that anything remains of your ancestor. Occasionally archaeologists do uncover well-preserved skeletal remains, but after almost 25 years in the field I can tell you that that is the exception. In the overwhelming number of cases it is truly dust to dust, with sometimes nary a stain left. While in some cases it has been done, and the science is getting better all the time, retrieving DNA from even well-preserved skeletons is not as easy as they make it seem on CSI et al. I wish I could tell you differently, Jim, but you're going to have to find your proof another way. Kathy Liston To subscribe, change options, or unsubscribe please see the instructions at http://listlva.lib.va.us/archives/va-roots.html