Whenever any burial grounds lie
within the corporate limits of a city the governing authorities of the
city shall protect the burial grounds from being used for dumping grounds,
building sites, playgrounds, places of entertainment and amusement,
public parks, athletic fields or parking grounds.
HISTORY: KS 2741p-1
Penalty, 381.8990(2)
KRS 381.697
Every cemetery in Kentucky except
private cemeteries shall be maintained by its legal owner or owners,
without respect to the individuals owners of burial plots in the cemetery,
in such a manner so as to keep the burial grounds or cemetery free of
growth of weeds, free from accumulated debris, displaced tombstones
or other signs and indication of vandalism or gross neglect.
HISTORY: 1972 H 157, ß 2,
eff. 6-16-72
Penalty, 381.990(2)(4)
KRS 381.700
The governing authorities of any
city within whose corporate limits any burying grounds lie may require
the owner or those having claims to the grounds to properly care for
them.
HISTORY: KRS 2741p-2.
Penalty, KRS 381.990(2)
KRS 381.710 Evidence of
dedication or use of land as burying ground.
The fact that any tract of land has been set apart for burial purposes
and that a part or all of the grounds has been used for burial purposes
shall be evidence that such grounds were set aside and used for burial
purposes. The fact that graves are not visible on any part of the grounds
shall not be construed as evidence that such grounds were not set aside
and used for burial purposes. Effective: 1 October 1942
History: Recodified 1942 Ky Acts
Ch. 208, sec 1, effective October 1, 1942, from Ky Stat. Sec 2741
p.-3.
KRS 381.715 Burial Rights
in cemetery lots; abandonment; resale by cemetery (amended 18 March
1994)
(1) As used in the section, „cemetery
lot is a lot containing one (1) or more grave spaces located within
a cemetery registered pursuant to KRS 367.946 in a county containing
an urban-county government or in a city.
(2) An officer of the cemetery
may cause to be filed, on behalf of the cemetery an action in the circuit
court of the county where the cemetery is located requesting that the
burial rights in the unused portion of the lots in question be deemed
abandoned and that the cemetery be authorized to sell the rights upon
entry of the court's judgment. The defendants in the action shall be
the unknown heirs of the original owner of the burial rights in the
lots in question.
(3) The petition shall include
the following:
(A) The name of the original
owner of the burial rights in the lots in question.
(B) The name of all persons buried
in the lots and the date of burial, if known.
(C) The name, address and telephone
of the cemetery office.
(D) An affidavit by the petitioner
that:
1. No person has been buried
in the cemetery lots in question for a period of at least one hundred
(100) years.
2. The identity of any owner
of the burial rights in the lot in question or any heir of the owner
is unknown to any officer or employee of the cemetery and not discoverable
after a good faith attempt by an officer or employee to identify
the owner or heir.
(4) Service of process shall be
by warned order attorney, appointed by the court pursuant to CR 4.07.
(5) If the court finds the allegations
set forth in paragraph (d) of subsection (3) of this section to be true,
the court shall enter judgment deeming the burials rights in the lots
in question abandoned and authorizing the cemetery to sell the rights.
(6) No judgment shall be entered
declaring burial rights abandoned if an owner or heir of a cemetery
lot has filed within the cemetery a statement in writing directing that
certain grave spaces not be used.
HISTORY: 1984 c 267, ß 1,
eff. 7-13-84
KRS 381.720 Abandoned cemetery
in certain cities, proceedings to vest title in city
Whenever in the opinion of the
legislative body of a city of the first, second, third, fourth or fifth
class a cemetery located within the boundaries of such city has been
abandoned and the land comprising the said cemetery is needed for a
public purpose, an ordinance may be enacted declaring such cemetery,
as described by metes and bounds, to be abandoned and authorizing the
city attorney to institute suit for the city or other governmental agency
created by the city in the circuit court of the county in which the
city is located against the property comprising the cemetery to declare
the said cemetery abandoned and to vest title thereto in the said city,
or any governmental agency created by it pursuant to or authority of
the Kentucky Revised Statutes.
HISTORY: 1964 c 24, ß 1.
Eff. 3-10-64
1954 c 29, ß 1
CROSS REFERENCES
Abandonment or discontinuance of
cemeteries. 14 Am Jur 2d, Cemeteries ß 21 to 24.
KRS 381.740 Assertion of
claim to compensation for value of interest in cemetery or lot
Within thirty days after the last
advertisement, and party having a claim to the cemetery or any lot therein
or to the mortal remains of a person interred therein, may file his
claim in the said proceedings for damages as compensation for the value
of his interest in the cemetery or lot to which he has claim. Upon the
filing of the aforesaid claim the circuit court shall appoint as commissioners
three impartial housekeepers who are owners of land. They shall be sworn
to faithfully and impartially discharge their duties. The commissioners
shall view the land involved and they may hear evidence or make any
inquiry they desire touching the value thereof and award to claimant
who are owners thereof the value of the property taken. They shall return
a written report to the office of the clerk of the circuit court describing
separately the property which is subject of each claim. Either the claimant
or the complainant may file exceptions to this report and demand a jury
trial. The commissioners shall be allowed a reasonable fee which shall
be taxed as cost.
HISTORY: 1964 c 24, ß 3,
eff. 3-10-64
1954 c 29, ß 3
CROSS REFERENCES
Property rights in lots or vaults;
burial and incidental rights. 14 Am Jur 2d, Cemeteries ß 25 et
seq.
KRS 381.750 Judgment; removal
of bodies and monuments
If no claim is made within thirty
days after the last advertisement, or if claims have been made and compensation
duly paid either to the claimants or into court, the court shall declare
the cemetery to be abandoned and enter judgment accordingly, vesting
fee simple title in the complainant. Thereafter claimants shall have
thirty days in which to remove the mortal remains and monuments from
lots to which they have been adjudged to have claim, the reasonable
cost thereof to be paid by the claimant. If, within thirty days after
entry of judgment said remains have not been removed by the claimants
thereto, it shall be the duty of such omplainant, through its proper
officers, to pay for the removal of the monument and the disinterment,
removal, and the reinterment of such body, or bodies, in such other
cemetery in the county in which said city is located as the protesting
lot owner may designate, or if no designation be made, to another suitable
cemetery in the county.
HISTORY: 1964 c 24, ß 4,
eff. 3-10-64
1954 c 29, ß 4
CROSS REFERENCES
Property rights to vaults and gravestones.
14 Am Jur 2d, Cemeteries ß 33
Changing place of interment. 22
Am Jur 2d, Dead bodies ß 22 to 28
Removal and reinterment of remains,
21 ALR2d 472
KRS 381.755 Removal of
grave or cemetery on application of land owner or county; procedure;
expenses
OAG 83-265. Liability for desecration
of graves may exist when land that has been previously been used as
a cemetery is reused as a cemetery without first removing and reinterring
the remains of those previously buried there. There is no liability
for desecration if the cemetery is abandoned so that nothing indicates
there are graves in the ground, the person is without notice that graves
exist, and the public no longer recognizes the land as a cemetery.
KRS 381.755 Removal of
grave or cemetery on application of land owner or county; procedure;
expenses
(1) Upon application of the owner
of property on which is located an abandoned grave or cemetery or whenever
the fiscal court or any county deems it to be in the best interest of
the county to remove and relocate any such grave or cemetery the court
may issue an order or resolution authorizing such removal or relocation.
(2) The order or resolution for
the removal and relocation of the grave or cemetery pursuant to subsection
(1) shall specify and declare that at any time after the expiration
of sixty days after the first publication of notice of such intended
action pursuant to KRS Chapter 424, the court shall direct the removal
and relocation of the grave or cemetery.
(3) Expenses for removal and relocation
of any grave or cemetery under the provisions of this section shall
be paid by the individual requesting such removal or if the removal
is made in the best interest of the county the expenses shall be paid
by county funds.
(4) Any grave or cemetery removed
under the provisions of this section shall be relocated in suitable
place at the expense of the person or county requesting such removal
and relocation.
(5) For the purposes of this section
a grave or cemetery shall be considered abandoned when left untended
for a period of ten years preceding the date of the resolution for removal
and relocation of the grave or cemetery.
KRS 433.660
Any person who willfully mutilates
the graves, monuments, fences, shrubbery, ornaments, grounds or buildings
in or enclosing any cemetery or place of sepulture; or violates the
grave of any person by willfully destroying, removing or damaging the
head or foot stones, or the tomb over the enclosure protecting any grave,
or by digging into or plowing over or removing any ornament, shrubbery
or flower placed upon any grave or lot shall be fined not less than
ten dollars nor more than one hundred dollars, or imprisoned for not
more then six months, or both.
KRS 525.105 Desecration
of venerated objects, first degree.
(1) A person is guilty of desecration
of venerated objects in the first degree when, other than authorized
by law, he intentionally excavates or disinters human remains for the
purpose of commercial sale or exploitation of the remains themselves
or of objects buried contemporaneously with the remains.
(2) Desecration of venerated objects
in the first degree is a Class D felony. (Enact. Acts 1988, ch 19, ß
1, effective March 30, 1988.)
KRS 525.110 Desecration
of venerated objects, second degree.
(1) A person is guilty of desecration
of venerated objects in the second degree when he intentionally:
(a) Desecrates any public monument
or object or place of worship; or
(b) Desecrates in a public place
the national or state flag or other patriotic or religious symbol
which is an object of veneration by the public or a substantial segment
thereof.
(2) Desecration of venerated objects
in the second degree is a Class A misdemeanor.
(Enact. Acts 1974, ch 406, ß
221; 1988, ch 119, ß 2, effective March 30, 1988; 1992, ch. 420,
ß 3, effective July 14, 1992).
KRS 525.115 Violating graves
(1) A person is guilty of violating
graves when he intentionally:
(a) Mutilates the graves, monuments,
fences, shrubbery, ornaments, grounds, or buildings in or enclosing
any cemetery or place of sepulture; or
(b) Violates the grave of any
person by destroying, removing, or damaging the headstone or footstone,
or the tomb over the enclosure protecting any grave; or
(c) Digs into or plows over or
removes any ornament, shrubbery, or flower placed upon any grave or
lot.
(2) The provision of subsection
(1) of this section shall not apply to ordinary maintenance and care
of a cemetery nor the removal and relocation of graves pursuant to procedures
authorized by and in accordance with applicable statutes.
(3) Violating graves is a Class
A misdemeanor for the first offense and a Class D felony for each subsequent
offense.
(Enacts. Acts 1992, ch. 420, ß
2, effective July 14, 1992.)
KRS 525.120 Abuse of a
corpse
(1) A person is guilty of abuse
of a corpse when except as authorized by law he intentionally treats
a corpse in a way that would outrage ordinary family sensibilities.
(2) Abuse of a corpse is a Class
A misdemeanor.
Provided by: merrittone@comcast.net
2 March 2006