KRS 381.690 Protection of
burial grounds by cities
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, § 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, § 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, § 1. Eff. 3-10-64
1954 c 29, § 1
CROSS REFERENCES
Abandonment or discontinuance of cemeteries. 14 Am Jur 2d, Cemeteries § 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, § 3, eff. 3-10-64
1954 c 29, § 3
CROSS REFERENCES
Property rights in lots or vaults; burial and incidental rights. 14 Am Jur
2d, Cemeteries § 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 complainant, 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, § 4, eff. 3-10-64
1954 c 29, § 4
CROSS REFERENCES
Property rights to vaults and gravestones. 14 Am Jur 2d, Cemeteries § 33
Changing place of interment. 22 Am Jur 2d, Dead bodies § 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, § 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, § 221; 1988, ch 119, § 2, effective March 30,
1988; 1992, ch. 420, § 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, § 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.