THANK YOU SO MUCH, Kathy !
The cemeteries that I’mlooking at are in southwestern Halifax County, and I am not the landowner.What a horror story you have told ! ! Surely, no one could be that ignorant! Was he just NOT thinking ! ! ! I suppose he thought he could get by with it… and for a profit. Looks like he was correct ! ! ! !
Gratefully,
Mrs. Carole Bryant
Prince Frederick, MD
-----Original Message-----
From: Westview <[log in to unmask]>
To: [log in to unmask]
Sent: Fri, Feb 11, 2022 10:27 am
Subject: Re: [VA-ROOTS] cemetery laws, VA
Hi, Carole!
The link below is to a PDF that gives a good summary of Virginia's pathetic cemetery laws. Disturbing a cemetery is a Class 6 felony, HOWEVER, they have to prove malicious intent which seldom happens when loggers or developers destroy a cemetery. Most rural cemeteries are unmarked or only have fieldstone markers. They also may be covered with periwinkle.
Exhibit #1: A couple of years ago in Charlotte County, loggers destroyed the graves of Patrick Henry's son, Edward Winston Henry, daughter-in-law, grandchildren and others. These graves had marble headstones (which were busted to pieces), the cemetery was surrounded by a wire fence, had huge, old gnarly trees, and was covered in periwinkle. The cemetery's location was well-known and documented on Find-a-Grave. To top it off, the entire property was under a conservation easement.
After the property owner (who was also the logger) was informed of what had happened, his response was to conduct a controlled burned over the entire property, including the desecrated cemetery.
The destruction was reported to the Commonwealth's Attorney, and letters were written to DHR and other agencies. An investigation was conducted by the CA, but they could not prove "malicious intent" because the logger, who was also the property owner, just claimed ignorance (which everyone knew was not true -- he is a local). Bottom line, he got away with it -- no penalty at all. Even if he had been found liable, the penalty is ridiculous: the person responsible for the destruction has to reimburse the land owner. In this case, he would have had to reimburse himself. Ridiculous.
If you are a Virginia landowner with a cemetery on your property the best thing you can do is have it surveyed and registered with your local Revenue office. It will then come out of your total property (you will no longer pay taxes on it) and it will be placed on the tax map permanently. That will offer some protection if a logger, developer, etc. disturb it.
https://www.fauquiercounty.gov/home/showpublisheddocument/138/635933094517500000#:~:text=Virginia%20law%20protects%20all%20cemeteries,other%20parties%20to%20do%20so.&text=You%20are%20required%20to%20create%20an%20access%20eas
Kathy in Charlotte County
----- Original Message -----
From: Carole D. Bryant <[log in to unmask]>
Reply-To: Research and writing about Virginia genealogy and family history. <[log in to unmask]>
To: <[log in to unmask]>
Sent: 2/10/2022 9:02:51 AM
Subject: [VA-ROOTS] cemetery laws, VA
________________________________________________________________________________
I have a rather extensive question !
Being a resident of Maryland, I have little or no knowledge of Virginia's cemetery laws, specifically regarding old family graveyards. Who owns the cemetery? Who can be buried in the cemetery? How may one obtain access to an old cemetery which is surrounded by a parcel of land now owned by someone not related? etc. etc. ANY HELP will be GREATLY APPRECIATED !
If anyone would like to comment on Virginia customs regarding this subject, that would also be VERY HELPFUL.
Gratefully,
Mrs. Carole Bryant
Prince Frederick, MD
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