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.
