Tuesday, October 11, 2016

A Brief Look at Ohio Revised Code - Title V - Chapter 517 - Cemeteries

The Ohio Revised Codes contain laws that affect the Buckeye State's Cemeteries whether they be active, inactive, or abandoned.  

Townships in Ohio have a significant number of cemeteries; some are active and registered while many cemeteries fall into the categories of inactive (and thus not registered) or abandoned.  

Title V - Townships - Chapter 517 - Cemeteries of the Ohio Revised Codes  (ORC) contains the codes that affect township cemeteries in various ways, including some new provisions that have gone into effect on September 28, 2016:


"To defray the expenses of the purchase or appropriation, and the enclosing, care, supervision, repair, and improving of lands for cemetery purposes, and of maintaining and improving entombments, including mausoleums, columbariums, and other interment rights, the board of township trustees may levy a tax sufficient for that purpose."


Amended by 131st General Assembly File No. TBD, HB 413, §1, eff. 9/28/2016.
Effective Date: 11-21-1973

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"The board of township trustees shall provide for the protection and preservation of cemeteries under its jurisdiction, and shall prohibit interments therein when new grounds have been procured for township cemeteries or burial grounds. Where such old cemeteries are in or near village plats, and the public health is liable to be injured by further interments therein, the board shall institute suits to recover possession thereof, remove trespassers therefrom, and may recover damages for injuries thereto or any part thereof, or to any fence or hedge enclosing them, or to any tomb or monument therein.

The board may enclose cemeteries under its jurisdiction with a substantial fence or hedge, and shall keep any such fence or hedge in good repair. It may re-erect any fallen tombstones, regardless of the cause of the falling, in such cemeteries. The board, as it considers necessary, may purchase, maintain, and improve entombments, including mausoleums, columbariums, and other interment rights. The board may levy a tax to meet any costs incurred for these purposes, not to exceed one-half mill in any one year, upon all the taxable property of the township."

Amended by 131st General Assembly File No. TBD, HB 413, §1, eff. 9/28/2016.
Effective Date: 07-24-1986

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