Exploring Almost Forgotten Gravesites in the Great State of Ohio

Dedicated to cemetery preservation in the great state of Ohio


"A cemetery may be considered as abandoned when all or practically all of the bodies have been Removed therefrom and no bodies have been buried therein for a great many years, and the cemetery has been so long neglected as entirely to lose its identity as such, and is no longer known, recognized and respected by the public as a cemetery. 1953 OAG 2978."

Saturday, March 14, 2020

Ohio House Bill 444 - Township "Omnibus Bill" includes updating the Ohio Revised Code Section 517.27 regarding the transfer of cemeteries to a township


Ohio House Bill 444 - 2020 - “The Omnibus Bill” - Includes Transfer of Cemeteries - per “Ohio Township News”

Ohio House Bill 444 - General Assembly 133 – 2020
 
This proposed Ohio House Bill 444 is referenced in the March/April 2020 “Ohio Township News”, on page 20, under the Heading of “Legislative Update” - “The Omnibus Bill” by Marisa Myers.
 
At the time of the magazine’s publication, the bill has had one hearing in the House State and Local Government Committee.
 
There is a listing of 10 issues that this bill addresses, including:

“Transfer of Cemeteries” which is summarized on page 20 of the “Ohio Township News”:
 
“ Townships are required to take control of cemeteries from religious organizations and cemetery associations without stipulation. For example, there is no requirement that a church transfer cemetery records or cemetery funds to the township should they wish to transfer a cemetery. Furthermore, there is nothing to prevent a cemetery from being transferred simply because a church or benevolent society wishes to stop caring for it. This legislation will put some minimum standards in place regarding the transfer of cemeteries and clarify the process by which an entity may transfer a cemetery.”
 

Link below to the Ohio Legislature - HB 444:
 
As Introduced
133rd General Assembly
Regular Session H. B. No. 444
2019-2020
Representatives Baldridge, Abrams
Cosponsors: Representatives Carfagna, Seitz, Lang, Blair, Stoltzfus, Ginter,
Hambley, Carruthers, Grendell, Swearingen, Stephens, Riedel, Jones, Keller,
Cross, Roemer, O'Brien, Smith, T., Clites
A BILL
To amend sections 9.65, 165.01, 165.03, 503.07,
505.172, 505.43, 505.86, 505.87, 505.871,
517.27, 715.82, 742.33, 742.34, 3735.27,
4765.43, 5571.16, 5705.19, and 5705.25 of the Revised Code to make various changes to township law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
   Sec. 517.27. (A) When a public cemetery in a township is not under the control of a municipal corporation, and the title or control thereof is vested in an association or the its board of trustees thereof, or is vested in a religious society, whether incorporated or not, or in the its board of trustees thereof, and such cemetery is used exclusively for cemetery purposes, such association, society, or the board of trustees thereof may convey such grounds to the board of township trustees and its successors in office. Subject Except as provided in division (B) of this section, and subject to the rights of the original grantor, his the original grantor's heirs or assigns, the board of township trustees shall accept and take possession of such the grounds, and take care of, keep in repair, hold, treat, and manage them in all respects as required by sections 517.01 to 517.32, inclusive, of the Revised Code.

            (B) A board of township trustees is not required to accept and take possession of the grounds of a public cemetery, or to take care of, keep in repair, hold, treat, or manage the grounds as described in division (A) of this section, if, as a result of the conveyance, any parcel abutting the cemetery grounds or from which the grounds were partitioned or subdivided satisfies any of the following conditions :

  (1) The parcel is owned by the association or its trustees or the religious society that conveyed the cemetery grounds or by an association, its trustees, or a religious society that is a successor to the association, trustees, or religious society that conveyed the cemetery grounds.

     (2) Any part of the parcel, including any building or structure situated on the parcel, is used for social, educational, recreational, or religious activities of the association or religious society or of an association or religious society that is a successor to the association ,
trustees, or religious society that conveyed the cemetery grounds.

     (3) Any part of the parcel, including any building or structure situated on the parcel, is exempted from property taxation under section 5709.07 or 5709.14 of the Revised Code, or under division  (B) of section 5709.12 of the Revised Code on the basis of being used by the association or religious society exclusively for charitable purposes.

            (C) When a cemetery association or religious society conveys a cemetery under this section, all cemetery records and funds shall be transferred to the township. Transferred funds shall be used exclusively for cemetery purposes as set forth in section 1721.06 of the Revised Code and any other similar provisions of the Revised Code that require funds to be held in trust
for cemetery purposes.
~~~~~~~~~~~~~~~~~
 
Link below to the CURRENT Ohio Revised Code 517.27:


517.27 Transfer of cemeteries to board of township trustees.”
“When a public cemetery in a township is not under the control of a municipal corporation, and the title or control thereof is vested in an association or the trustees thereof, or is vested in a religious society, whether incorporated or not, or in the trustees thereof, and such cemetery is used exclusively for cemetery purposes, such association, society, or the trustees thereof may convey such grounds to the board of township trustees and its successors in office. Subject to the rights of the original grantor, his heirs or assigns, the board shall accept and take possession of such grounds, and take care of, keep in repair, hold, treat, and manage them in all respects as required by sections 517.01 to 517.32, inclusive, of the Revised Code.”
Effective Date: 10-01-1953 .