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."

Showing posts with label Ohio Revised Codes. Show all posts
Showing posts with label Ohio Revised Codes. Show all posts

Saturday, May 25, 2024

Ohioans can report cemetery maintenance issues to a state commission - WFMJ.com -- The Ohio Department of Commerce - Division of Real Estate and Professional Licensing

Ohioans can report cemetery maintenance issues to a state commis - WFMJ.com: 

"Ohioans may not be aware that there’s a place they can file a complaint if a cemetery where a loved one is buried is overgrown or has other maintenance issues.

The Ohio Department of Commerce Division of Real Estate and Professional Licensing the registration of cemeteries with recent burials and works to ensure appropriate maintenance is taking place. Family cemeteries are exempt from this registration requirement.

The division encourages people to help keep the state’s cemeteries beautiful and safe by reporting maintenance issues.

“Whether it’s during Memorial Day or at any other time of the year, we encourage individuals who notice a potential issue at a cemetery to first address it with cemetery management so it can be resolved,” Hawk said. “While management is usually responsive to those concerns if issues persist, individuals may choose to file a complaint with the Ohio Cemetery Dispute Commission so the necessary steps can be taken to address that issue.”

The Ohio Cemetery Dispute Resolution Commission is a nine-person commission that assists in resolving complaints against registered cemeteries, or a cemetery that is not registered but is required to be registered. A complaint may be submitted to the Commission by downloading a form online.

In addition to resolving disputes, the Commission suggests the below minimum maintenance guidelines for cemeteries:

    Cut grass and trim around all markers and/or monuments once per month during the growing season.

    Have a plan in place to remove underbrush, leaves, tree seedlings, dead trees, and flowers.

    Remove trash and funeral flowers once a month (artificial flowers once a year).

    Sod or seed graves as necessary within one year of interment.
    Foundations for new markers that have been ordered should be set within one calendar year.

    Roads, buildings, structures, and fencing should be maintained and repaired as needed.
    Cemetery perimeter should be marked either physically or recorded at the County.

Management/Maintenance of Rules, Regulations, and Records

Electronic or paper cemetery records of interment, entombment or inurnment right owners and interment, entombment or inurnment records indicating the deceased name, place of death, date, and location of the interment, entombment or inurnment should be maintained in the cemetery's office.  Paper copies of records required for the verification of interment, entombment, or inurnment rights and cemetery interment, entombment, or inurnment records as indicated above should be maintained in a fireproof container within the cemetery office.  If possible duplicate copies of all cemetery records should be maintained off-site. It is permissible to maintain records in an electronic format so long as the electronic copies are true copies of all the original documents.

All graves or lots should be identified by a map that is stored in the office of the cemetery per ORC Section 1721.09.

Effective March 19, 2015, newly developed lots should be pinned and owners’ names should be recorded so that family lot positions are identifiable and able to be located.

Cemeteries should conduct all interments within seven days of the date of the order unless waived by the next of kin or other responsible party."

Rules regarding flowers and decorations should be posted at the cemetery.

The vault or any other burial container should be placed at least twelve inches below grade.

The cemetery’s rules and regulations should be provided upon request.

Cemetery management contact information should be posted at the main public entrance of the cemetery and at the onsite office if one exists." 

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Ohio Revised Code Section 4767.02

Sunday, June 26, 2022

Sharing this story from the "Canton Repository" - The Hillcrest Cemetery in Stark County Ohio. "Lack of care at Hillcrest Cemetery at issue" by Malcom Hall - June 26 2022

Sharing this story from the "Canton Repository" - Stark County.  

The title of this story could, if space allows, be expanded to include a reference to what lies at the heart of this subject matter.  That is the need to understand the Ohio Revised Codes and their impact on the ownership of a cemetery among other issues affecting them.   

This particular excerpt from this story is one to pay attention to.:

"State law does not allow county-owned cemeteries"

"Stark County officials say there are no provision in state law that permits counties to own and operate cemeteries. State law says cemeteries must be operated by municipalities, townships, associations and religious organizations."

"The legal reality is there is no such thing as a county cemetery," said Brant Luther, Stark County administrator. "I think it was one of those things that no one was paying attention to. Somehow, the county was taking care of it. Nobody is pointing fingers at anyone. There is no hostilities. This is one of those scenarios where the Ohio Revised Code dictates what we should do. The county really doesn't have any authority to own or take care of a cemetery."

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Let's take a look at the Ohio Revised Codes and what they tell us about the legal system in Ohio regarding ownership of cemeteries.:

Title 7 in the Ohio Revised Code - Municipal Corporations

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Chapter 759 - "Cemeteries" - "Title 7 Municipal Corporations"

This can be expanded into the "Authenticated PDF version

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Thus, we can spend quite a bit of time referencing the provisions found in the Ohio Revised Codes. Many, if not most, have references to other Ohio Revised Codes imbedded in the sentences.  

Thus, it is best to keep track of all of the information in every paragraph you read to better understand how one "ORC" impacts another "ORC" and thus the entire subject matter at hand.  

Also, keep track of the date of the Ohio Revised Code.  The word "Revised" is in their name and that is a clue because some ORCs have revisions over time while others sit stagnant needing review and possible revision.  So, you want to make sure you are citing the most current version of any Ohio Revised Code.  

An attorney may need to be consulted if a major dispute arises between a village and a township; or perhaps the county and a township. 

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Sharing also a link to the Hillcrest Cemetery as it appears on Find A Grave.  

Please note that as of this writing Find A Grave shows 3,262 memorials for individuals interred at the Hillcrest Cemetery.  

The preface to the more official description of the Hillcrest Cemetery reads.:

"
Hillcrest Cemetery is a lonely piece of land where 2,617 souls sleep.

Most are forgotten. Numbers alone mark many graves.

Some are not marked at all.

Stark County opened Hillcrest Cemetery in 1927 as a burial ground for the indigent -- among them the homeless, welfare recipients, the poor who died penniless. Some had no families; at least no family or friends that cared. Sometimes relatives couldn't be located or couldn't afford a more traditional burial.

All the bodies from the Stark County Home Cemetery were reinterred at Hillcrest and placed in a common grave. Most of the graves at Hillcrest Cemetery do not have stones. Records are kept at Nist & Stark County Public Works Dept., Mahoning Rd. & Maple Ave., Canton, Ohio. Date of Death was rarely recorded. All dates are burial dates."

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And:

This link takes us to a post on the website: "Genealogy.com" dated February 10, 2002 offering transcriptions of two stories from the same newspaper, the Canton "Repository", that  provides important historical details about the Hillcrest Cemetery entitled.: 

"Article about Hillcrest Cemetery - Canton Township" by Lori Sue Baus who began with:

 "Here are two articles about Hillcrest Cemetery in Canton Township that I thought may be of interest/use to somebody....."

Scroll down to the bottom of the page and you will see that there is a "Share your opinion" option with a "Start Commenting" button for readers to use.  Just above that we see the words "No Replies".  

I felt it is now past time to add a reply because 20 years later serious condition issues and outstanding ownership questions still exist that negatively impact the Hillcrest Cemetery in Canton / Canton Township, Stark County, Ohio.  

Thus, I attempted to add my comments in today, however, I am not sure they were accepted. Not surprising if that is the case, though, because after 20 years websites, like the people who created them, can and do become inactive and static.   

Thursday, May 27, 2021

"Families encouraged to report rundown Ohio cemeteries" - From the Urbana Daily Citizen - Urbana, Ohio

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Cemeteries in Ohio that have NOT had any burials during the past 25 calendar years, and family cemeteries, as defined in the Ohio Revised Codes, are NOT eligible to be Registered.
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See (D) Sections 4767.02 to 4767.04 of the Revised Code do not apply to or affect a family cemetery or a cemetery in which there have been no interments during the previous twenty-five calendar years. As used in this division, "family cemetery" means a cemetery containing the human remains of persons, at least three-fourths of whom have a common ancestor or who are the spouse or adopted child of that common ancestor.
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Because of their being deemed ineligible to be Registered, neither cemetery category is eligible for complaints against those responsible for them to be submitted to the Ohio Cemetery Dispute Resolution Commission - the "OCDRC".
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The "OCDRC" only accepts, reviews, and acts upon complaints submitted to them regarding Active and Registered Cemeteries (or cemeteries that are Active and SHOULD BE Registered but are not due to no fault of their own). Please keep this fact in mind. 
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A large number of Ohio's cemeteries are older and Inactive, and sadly they are the very ones that visitors would have reasons to file complaints about. However, should they file complaints, the "OCDRC" will reject them for the reasons stated above.
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Thursday, April 23, 2020

Taking a Brief Look at Cemetery Laws in Ohio

Cemetery Laws in Ohio
A brief review of the Ohio Revised Codes
and their Amendments
Sharing some observations pertinent to the Ohio Revised Codes and how they affect Ohio’s Cemeteries.  These codes are the laws in the State of Ohio that can ultimately determine what kind of future our cemeteries will have.
A couple of small, but nonetheless important, key elements should be mentioned beforehand.:
1.  The Ohio Revised Codes are subject to amendments when newer laws are passed that affect them, in whole or in part, that can alter the meaning(s) as originally stated. Thus, it is important to check the “ORCs” regularly to learn if there are any updates to them.  It is especially true for those ORCs that will be shared and cited.  For example, attorneys have interpreted the ORCs in ways that suit their needs to support one side or the other in a dispute. So, the most current version of an ORC is the one that needs to be used.

Note:  Here is a LINK to a short explanation about the Ohio Revised Codes (AKA "ORCs").

Note:  Here is a LINK to "LAWriterOhio Laws and Rules" main page where both the Ohio Revised Codes and the Ohio Administrative Codes can be found. 

2.  "Basically, four words that can mean the most that pertain to the cemetery laws in the Ohio Revised Codes (ORCs) are the ones that state:  “May” and “Can” instead of “Will” and “Shall”. That is our problem and the prosecutor (which is necessary to move forward in the courts) and the Ohio Attorney General’s Office have been interpreting “May” and “Can” as being a Non-mandated action and a voluntary act."
My above statement is a quote from Mr. Dave Robertson who has been “leading the charge” with his own continual maintenance work at the Floral Hills Memory Gardens in Ross County, Ohio, and spearheading the enlistment of additional volunteer help.  
He has been quite successful at both endeavors for at least 7 years at this Active yet Abandoned cemetery, one which we'll discuss more about in this post. 
 Thus, it is important to take a moment to  look at what is happening with active cemeteries, those that have burials within the past 25 calendar years, that have "fallen through the cracks" and lack protection in ways that have been long associated with cemeteries in these categories:  Inactive; Abandoned; or Family cemeteries - those with no burials in the past 25 calendar years.
  
Most represented in this "Active yet Abandoned" category seem to mostly come from the growing number of cemeteries that are owned by For-Profit or Private Association type organizations operating in Ohio.  
Sadly, some of these types of cemeteries have fallen into the hands of individuals or associations who have taken the monies they received from lot owners who paid them in good faith for goods and services that were not delivered as promised. Instead, these cemetery owners used the funds for their own personal gain, even gambling them away.  Some current or recent examples include:  Fairview Memorial Park in Delaware County, Ohio and Grandview Memorial Park in Portage County, Ohio where the husband and wife former owners have been sentenced for their crimes and are now serving time in jail. 
Below is a link to a good article that helps explain what has been happening with some of these cemeteries which had irresponsible and unethical owners who abandoned them after committing crimes against them and the burial lot owners.:
From the “Columbus Dispatch” 
Posted October 3, 1919 
by Sheridan Hendrix:
Thus, my eyes have been widely opened to this illegal activity that all Ohioans should come to understand the seriousness of these crimes that can spread to other cemeteries -- ones where our familes and friends are buried.  
This is how this more recent category of Active But Abandoned cemeteries has emerged in Ohio and across America.  I also use the term “Orphaned Cemeteries” because, in the end, they are left without owners.
REGISTRATION IS KEY!
These active cemeteries lose their registration when the legal owners leave and are not there to renew them when due.  
For-Profit cemeteries and Association owned cemeteries must renew cemetery registrations yearly. 
If the registration lapses due to lack of ownership, a cemetery’s status is taken down to the level of that of the Inactive/Abandoned/Family cemeteries with no burials during the past 25 calendar years.  At this level, the Active yet Abandoned cemeteries are not eligible to be Registered.
"(D) Sections 4767.02 to 4767.04 of the Revised Code do not apply to or affect a family cemetery or a cemetery in which there have been no interments during the previous twenty-five calendar years. As used in this division, "family cemetery" means a cemetery containing the human remains of persons, at least three-fourths of whom have a common ancestor or who are the spouse or adopted child of that common ancestor."
Moving ahead to 2019 and the passage of HB 168; the latest amendment impacting Registrations
 It is imperative that we keep in mind that until the passage of HB168, the Ohio Cemetery Dispute Resolution only considered complaints about cemeteries that are Registered. 


This requirement was strict and its stipulations illustrate just how crucial it is for a cemetery in Ohio to be Registered and retain its Registration.  


See Ohio Revised Code 4767.07A “Complaints” listed below.  Note, the number of amendments this ORC has had thus far.:
Amended by 132nd General Assembly File No. TBD, HB 168, §1, eff. 10/29/2018.
Amended by 128th General Assembly File No.9, HB 1, §101.01, eff. 10/16/2009.
Effective Date: 12-02-1996
Yes, many ORCs have had several amendments since the date they became effective.  
On the other hand, there still exist several ORCs that were enacted in the early 1950s and have remained in effect as such without any amendments. It is easy to see how many are in need of current review because they have become outdated.
By law, the townships should be taking over abandoned cemeteries in their jurisdiction and be responsible for them and maintain the grounds and records.  However, as we have seen all too often that isn't always the case -- at least not for as long as they can stall off doing so.
Another aspect to consider is that once it is determined that a crime is involved, the Ohio Cemetery Dispute Resolution Commission turns over the handling of a cemetery dispute case to the prosecuting attorney in the county where the cemetery is located.
It would seem that Ohio’s state government shies away from becoming too involved with cemetery problems.   

Below are some representative links to cemetery preservation websites in other states.:

Connecticut
Categorizing cemeteries in the way the Ohio Cemetery Dispute Resolution Commision "OCDRC" has done leaves out our historic early cemeteries where the local pioneer settlers and founders of villages were buried. 
Those who have complaints against responsible parties for such cemeteries cannot submit them to the Ohio Cemetery Dispute Resolution Commission because the cemeteries have not had a burial in the past 25 years; or are family cemeteries – and thus they are "pigeon holed" into the Inactive and Unregistered categories.
In Ohio, there are three basic types of cemeteries.: 
Cemetery Registration affects each type differently:
Political Subdivision/Government: 
These cemeteries are typically operated by a township or municipality, or a combination of either or both. Although this type of cemetery must be Registered, the Registration never expires. 
Religious/Fraternal/Benevolent: 
Registration must be renewed every year with the Division of Real Estate and Professional Licensing.
Cemetery Associations or Companies: 
Registrations for cemeteries operated by corporations or not-for-profit cemetery associations must be renewed every year." 
Thankfully in ORC 4767.07 (see below), we come to better understand how HB168  keeps an Active Cemetery from facing an uncertain fate and perhaps saves its very existence.
 "cemetery registered, or a cemetery that is not registered but is required to be registered"
4767.01 [Effective 10/29/2018] Cemetery registration definitions.

(3) Administer the cemetery grant program established under section 4767.10 of the Revised Code;

(11) Establish and maintain an investigation and audit section within the division of real estate in the department of commerce to conduct investigations pursuant to division (A) of section 4767.08 of the Revised Code and to audit the financial records of a cemetery to ensure compliance with sections 1721.21 and 1721.211 of the Revised Code at least every five years, or more often as the section deems necessary. The investigators or auditors of the section may review and audit the business records of cemeteries during normal business hours.
4767.07 [Effective 10/29/2018] Complaints.

(A) Any person may file a complaint regarding the activity, practice, policy, or procedure of, or
Regarding an alleged violation of section 1721.19, 1721.20,1721.21, 1721.211, 4735.02, 4767.02, or 4767.09 of the revised Code by, any person operating or maintaining a cemetery registered, or a cemetery that is not registered but is required to be registered pursuant to section 4767.03 of the Revised Code that adversely affects or may adversely affect the interest of an owner or family member of the owner of a cemetery lot or burial, entombment, or columbarium right. All complaints shall be in writing and submitted to the division of real estate in the department of commerce on forms provided by the division.

(B) With respect to complaints filed pursuant to division (A) of this section, the division of real estate shall do all of the following:

(1) Acknowledge receipt of the complaint by sending written notice to the person who filed the complaint not more than twenty days after receipt of the complaint;

(2) Send written notice of the complaint within seven days after receipt of the complaint to the person responsible for the operation and maintenance of the cemetery that is the subject of the
complaint;

(3) Before taking further action, allow the owner or the person responsible for the operation and maintenance of the cemetery that is the subject of a complaint thirty days after the date the division sends notice of the complaint to respond to the division with respect to the complaint.

(C) The cemetery dispute resolution commission shall hear each complaint filed pursuant to division (A) of this section within one hundred eighty days after its filing, unless it has been resolved by the parties to the complaint.

Amended by 132nd General Assembly 
File No. TBD, HB 168, §1, eff. 10/29/2018.
Amended by 128th General Assembly 
File No.9, HB 1, §101.01, eff. 10/16/2009.
Effective Date: 12-02-1996 .


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.


517.10 Title to certain burial grounds vested in board of township trustees.
The title to, right of possession, and control of all public cemeteries located outside any municipal corporation, which have been set apart and dedicated as public cemeteries, and any grounds which have been used as such by the public, but not expressly dedicated as a cemetery, except such as are owned or under the care of a religious or benevolent society, or an incorporated company or association, or under the control of the authorities of any municipal corporation, shall, severally be vested in the board of township trustees.

Effective Date: 10-01-1953

517.11 Care of cemetery.

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 .

1301:13-7-03 Grant applications.
(A) Grant applications shall be submitted on forms prescribed by the division and shall bear the original signature of the principal administrative officer or financial officer of the applicant.
(B) All grant applications shall include, at a minimum, the following documents and information:
(1) Federal tax identification number;
(2) Internal revenue service tax exempt certificate, if applicable;
(3) Contact information for the fiscal representative of the applicant;
(4) Contact information for the programmatic representative of the applicant, if different than fiscal representative;
(5) The acreage of the cemetery, how much acreage is fully developed and at capacity and how much acreage has inventory of available interment spaces;
(6) Number of interments made in the two previous years;
(7) The operating budget of the cemetery;
(8) Designation of the percentage of the estimated total cost of the project for which the grant will provide funding;
(9) Description of how the applicant will provide the remainder of the estimated total cost of the project, if applicable;
(10) Project description and purpose along with the goals of the project;
(11) Description of training, including agenda, syllabus or other content material, how the training relates to the maintenance and operations of cemeteries, name and contact information of the provider, if applicable;
(12) How grant funds will be accounted for separately from other sources of funding, if applicable;
(13) Additional information as required by the division as set forth in its grant guidelines.
(C) In addition to submitting a grant application, all applicants must submit an original W-9 form to the division.
(D) All completed grant applications must be received by the prescribed deadline.
(E) Incomplete or illegible applications, or applications that are not consistent with the terms of section 4767.10 of the Revised Code and this chapter, will not be considered for funding.

Effective: 6/7/2019
Five Year Review (FYR) 
Dates: 06/22/2022
Promulgated Under: 119.03
Statutory Authority: 4767.06, 4767.10
Rule Amplifies: 4767.10

Real Estate Land Code is 690 for graveyards, monuments, and cemeteries.
Too much history has already been lost
because our cemeteries have become neglected, lost, and forgotten. 
The life stories of those buried in them remain untold.  
Further, it is sad to know that it may not take 25 years for an active cemetery to resemble in appearance a typical inactive cemetery that is over a 100 years old which will happen if it does not keep receiving necessary proper maintenance.
The language of current cemetery laws need strengthening.  New ones need to be enacted and made enforceable.  Otherwise, our cemeteries will not have the bright futures they deserve.

Saturday, May 4, 2019

Taking a look at an example of a "Union Cemetery" by definition in the State of Ohio

This story is good to see posted online and shareable to others who may have an interest in this subject which rarely makes the news at all.  
by Olivia Minnier

This cemetery situation doesn't exist in great numbers in Ohio, but there are some that do fit into this category, and it is good to better understand what they are and the details that pertain just to them.  They are what is known as "union cemeteries." Or referred to as: "union cemetery district."

759.27 Union of municipal corporations and townships for cemetery purposes.
The legislative authorities of two or more municipal corporations, or of one or more municipal corporations and the boards of township trustees of one or more townships, when conveniently located for that purpose, may unite in the establishment and management of a cemetery, by the purchase or appropriation of land therefor not exceeding one hundred acres, to be paid for as provided by section 759.30 of the Revised Code.
Effective Date: 10-01-1953 .
Excerpt:
"...the tax levy has been in place for more than two decades. ...it would generate $320,000 per year based on the property taxes of Worthington, Sharon Township and the village of Riverlea.
...the tax levy would fund the care and maintenance of the grounds for Walnut Grove Cemetery, 5561 Milton Ave. in Worthington, and development for Flint Cemetery, 8187 Flint Road in Columbus."