• I want to pave my graveyard

    From micky@21:1/5 to All on Mon Sep 12 07:36:17 2022
    What would you guess the law is in Baltimore County Maryland wrt to a
    colonial style one-room church and its graveyard that were sold to a the Kiwanis Club, or something like that, 50 or 100 years ago?

    There are statutes about iirc "registered" or some such word graveyards,
    and when they are sold, the families have a right to exhume the bodies
    and bury theme somewhere else, but I doubt these graveyards are still
    included, still registeed, because of the first sale.

    Since then it's been sold again to a private business, and someone on,
    wait for this, Nextdoor, claimed they were paving over graves, and she's
    been to a bunch of county people, public and community orgs to stop it
    for good.

    This property came up on nextdoor a year ago and I went to see it.
    Although nextdoor is a waste of time much of the time, the things they
    discuss are close, unlike the NYTimes. So they make a good field trip.

    It's a one room church that was subdivided into offices, with a litte
    yard and 5-car parking lot in front, a little yard in back, and next to
    it a little grave yard (80 feet by 15 feet) with 3 sections of 7 graves
    each, and trees that have grown up. It's not maintaoned at all. Only
    one stone is knocked over, maybe something keeps the trees away. Maybe
    the caskets still existed when the trees started to grow? The stones
    are from about 1850 iirc. There's a bank parking lot on the other side
    of it.

    This property came up in nextdoor again 6 months later when it was
    alleged that it was being paved, but they said they managed to stop them
    in the middle of it,. I was away for 4 months and went to look when I
    got back. The graveyard and everythggn else was the same as it had
    been! Except maybe part of the existing driveway had been repaired,
    though much of that short driveway was still dirt and grass. No new area
    was paved.

    There is an old 1930?, black and white picture that shows two stones,
    probably for the minister or an important elder, away from thee others
    in the little yard behind the church. The stones are gone now and there
    is grass, but there probably are still graves there.

    If the business wanted to pave over those two graves for a parking lot,
    do you think they can?

    IMO the church that sold the property in the first place should have
    divided it and given the grave areas to its mother or sister church and
    since they didn't, the dead people there are up a creek without a
    paddle. What is the current owner's responsibility for things that
    happened 70 years before they bought the place?

    This is not still pending -- the complainers have given up and I am not
    an interested party -- so guesses are welcome.

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

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  • From Stuart O. Bronstein@21:1/5 to micky on Mon Sep 12 10:50:10 2022
    micky <misc07@fmguy.com> wrote:

    What would you guess the law is in Baltimore County Maryland wrt
    to a colonial style one-room church and its graveyard that were
    sold to a the Kiwanis Club, or something like that, 50 or 100
    years ago?

    You really need to review the public record and see if there are any restrictions there. A title insurance company can give you (well,
    not give exactly because you have to pay for it) a Preliminary Title
    Report that will disclose restrictions.

    Cemeteries are often run as nonprofits, but that is a separate issue.
    And if a nonprofit is currently not running the cemetery, I doubt
    there would be any restrictions for that reason. Still state law
    could have rules with regard to cemeteries, and you'll have to check
    on that as well.

    There are statutes about iirc "registered" or some such word
    graveyards, and when they are sold, the families have a right to
    exhume the bodies and bury theme somewhere else, but I doubt these
    graveyards are still included, still registeed, because of the
    first sale.

    Since then it's been sold again to a private business, and someone
    on, wait for this, Nextdoor, claimed they were paving over graves,
    and she's been to a bunch of county people, public and community
    orgs to stop it for good.

    This property came up on nextdoor a year ago and I went to see it.
    Although nextdoor is a waste of time much of the time, the things
    they discuss are close, unlike the NYTimes. So they make a good
    field trip.

    It's a one room church that was subdivided into offices, with a
    litte yard and 5-car parking lot in front, a little yard in back,
    and next to it a little grave yard (80 feet by 15 feet) with 3
    sections of 7 graves each, and trees that have grown up. It's not
    maintaoned at all. Only one stone is knocked over, maybe
    something keeps the trees away. Maybe the caskets still existed
    when the trees started to grow? The stones are from about 1850
    iirc. There's a bank parking lot on the other side of it.

    This property came up in nextdoor again 6 months later when it was
    alleged that it was being paved, but they said they managed to
    stop them in the middle of it,. I was away for 4 months and went
    to look when I got back. The graveyard and everythggn else was
    the same as it had been! Except maybe part of the existing
    driveway had been repaired, though much of that short driveway was
    still dirt and grass. No new area was paved.

    There is an old 1930?, black and white picture that shows two
    stones, probably for the minister or an important elder, away from
    thee others in the little yard behind the church. The stones are
    gone now and there is grass, but there probably are still graves
    there.

    If the business wanted to pave over those two graves for a parking
    lot, do you think they can?

    IMO the church that sold the property in the first place should
    have divided it and given the grave areas to its mother or sister
    church and since they didn't, the dead people there are up a creek
    without a paddle. What is the current owner's responsibility for
    things that happened 70 years before they bought the place?

    This is not still pending -- the complainers have given up and I
    am not an interested party -- so guesses are welcome.




    --
    Stu
    http://DownToEarthLawyer.com

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  • From micky@21:1/5 to Levine" on Mon Sep 12 20:50:16 2022
    In misc.legal.moderated, on Mon, 12 Sep 2022 20:27:19 -0700 (PDT), "John Levine" <johnl@taugh.com> wrote:

    It appears that micky <misc07@fmguy.com> said:
    What would you guess the law is in Baltimore County Maryland wrt to a >>colonial style one-room church and its graveyard that were sold to a the >>Kiwanis Club, or something like that, 50 or 100 years ago?

    Looks to me like you need a court's permission to turn a graveyard
    into something else:

    https://law.justia.com/codes/maryland/2021/business-regulation/title-5/subtitle-5/section-5-505/

    Very interesting. FWIW, the 2nd time I went there I went very early and
    was leaving at 8:30 when someone arrived early for work. Not the boss,
    but he told me they had done everything right when they bought it. (Of
    course he's not going to say otherwise.) He said someone had been around
    to discuss it a few weeks earlier. He gave me the name of the boss and
    I called and left a message, but I'm sure he doens't want to discuss it anymore. They are accountants. fwiw.

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

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  • From John Levine@21:1/5 to misc07@fmguy.com on Mon Sep 12 20:27:19 2022
    It appears that micky <misc07@fmguy.com> said:
    What would you guess the law is in Baltimore County Maryland wrt to a >colonial style one-room church and its graveyard that were sold to a the >Kiwanis Club, or something like that, 50 or 100 years ago?

    Looks to me like you need a court's permission to turn a graveyard
    into something else:

    https://law.justia.com/codes/maryland/2021/business-regulation/title-5/subtitle-5/section-5-505/

    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

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