Examining Ohio Attorney General Opinion No. 2007 - 005 - What constitutes a "Family Cemetery" and Registration Requirements.

Ohio Revised Codes Section 4767.02

"(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."

The Ohio Cemetery Dispute Resolution Commission 

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I feel it is important to keep in mind that the Ohio Attorney General Opinions do have a unique value as a resource to research and reference when answering questions regarding the meaning of the content of these Ohio Revised Codes which can have references to other codes included in some of the paragraphs. The "OAG" Opinions are helpful to clear up misunderstandings.

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A Consumer Guide to Ohio Cemeteries

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**Remember that family cemeteries are not eligible to be Registered, and as such complaints regarding their care cannot be brought to the Ohio Cemetery Dispute Resolution Commission because they are Not Registered!

Any problem issues have to be worked out with whoever owns the cemetery and is responsible for it.**

Per the Ohio History Connection - the original OH-I Form continues to be approved to use, including for cemeteries.

Prefacing that an Ohio Historic Inventory Form (OH-I Form) can, at this point, continue to be used and submitted for Inactive Cemeteries as well as for Active cemeteries. 
It is important to note this form offers a layer of identity and public recognition for a cemetery being documented and placed on record with the Ohio History Connection that it would not otherwise receive.
  Inactive Cemeteries, as well as small family burial grounds, are excluded from being recognized and as well regarded as their Active cemetery counterparts.  Citing these examples: being left out of the process where someone can submit complaints about a cemetery's lack of proper care to the Ohio Cemetery Dispute Resolution Commission that steps in and works to resolve such problems.  
In addition, Inactive and small family cemeteries are not afforded the designation of being Registered with the state of Ohio.
Cemetery Registration is a key element for a cemetery to have. That is where sadly discrimination exists that further disadvantages these cemeteries that truly are the most vulnerable.  
Thus, the OH-I form after its completion, review, and acceptance, is assigned its official number and included in the database of the Ohio History Connection.   
Per Petra C. Knapp, Survey & National Register Manager with the State Historic Preservation Office, that it would be acceptable to use the original "OH-I Form" (Ohio Historic Inventory Form) for a cemetery.  
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It is advisable to check with Petra to be sure that an OH-I Form has not already been completed, and an official OH-I number assigned for the cemetery you are considering to complete and submit the form for it. 
It is advisable to check with Petra to be sure that an OH-I Form has not already been completed, and an official OH-I number assigned for the cemetery you are considering to complete and submit the form for it. 
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Please see below an example of a completed OH-I form.  
Also, is an image of the two-page form that exists as a .PDF fillable blank form that I am unable to share here in that particular format.
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Contact Petra C. Knapp for questions.

Petra C. Knapp| 

Survey & National Register Manager

State Historic Preservation Office, Ohio History Connection

800 East 17th Avenue, Columbus, OH 43211

p. 614-298-2000 |

pknapp@ohiohistory.org

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Convert Latitude and Longitude to "UTM" 

Link to The original .PDF OH-I Form 

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The 2023 Ohio History Connection - State Historic Preservation Office Awards - The Deadline is June 1, 2023.

 2023 State Historic Preservation Awards deadline for submission is coming up fast - on June 1, 2023. 

Link to Non-fillable online form. (There are some issues accessing the fillable-form.)

"Your award nomination must be submitted electronically.

Click here to download the Awards nomination form and learn more. 

Contact our office at shpo@ohiohistory.org if you have any questions."

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"Nomination must be posted no later than June 1 POST THE COMPLETED NOMINATION and images, or images worksheet, to Dropbox and share with tharrah@ohiohistory.org

  OR: 

SEND NOMINATION AND A DISK OF IMAGES TO:
State Historic Preservation Office Awards
State Historic Preservation Office
800 E. 17th Ave.
Columbus, OH 43211-2474 "

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"Each year, our State Historic Preservation Office recognizes achievements in historic preservation by presenting awards in two categories.":

Public Education and Awareness, and Preservation Merit. People, organizations, businesses and public agencies are eligible for the awards.

Below are images of the announcement:

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Did you know that the Ohio History Connection (OHC) has a blog? Here are links to a two-part blog series written by OHC's Krista Horrocks - Projects Review Manager at the Ohio State Historic Preservation Office

This subject just might come under the "Who knew?" category -  or a nagging question - that begs a good answer.  So here it is.:  

Yes the Ohio History Connection (OHC) (formerly the Ohio Historical Society) has a blog.  The blog is specific to historic preservation in the State of Ohio.

When we consider historic preservation perhaps the first thoughts top of mind are the preservation of structures or perhaps battle sites, but not in this case.  

This blog is in two-parts discussing the discovery Krista Horrocks made of two grave markers that mysteriously were moved from their original gravesite locations to being on display at the Ohio History Connection! Each has their own story and Krista spotlights them individually in their own post.  

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The first blog post was published on February 21, 2023 entitled.:  

"Two Gravestones Out of Place: Part 1of 2 The Emma Kearnes Stone" 

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The second blog post was published on April 4, 2023 entitled.:

"Two Gravestones out of Place: Part 2 of 2 The Micheal Brucker Stone"

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Each marker has its own history separate from the other.  However, thanks to their common fate, their final destination brought them together at the OHC's Ohio Village. 

Krista Horrocks tells us the rest of their stories! Her outstanding sleuthing skills have served these markers well.  

Sharing her results as she has enables us to learn so much more about them and their history that inspires us to take the same steps if we were faced with the same situation!  

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W.P.A. research continues by examining the "The Ohio Guide"

Over the past year or so there have been blog posts here featuring links to the Ohio W.P.A. Cemetery Plat map collections shared on "Flickr" for various counties. 

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These types of maps can be a "gold mine" of information for those who are researching burial locations of veterans who served from the Revolutionary War up to and including 

World War I.  

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Spotlighted also have been individual Veterans Graves Registration cards.  These records are not as difficult to find.  

Most of the time county recorder's offices in Ohio have them; or they have had them placed in a county archive. 

Either way, there may be a small charge to obtain a copy of one. 

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We have learned about the Defiance County and to a lesser extent the Champaign County Ohio Writer's Project / Historical Records Survey descriptions of cemeteries which are proving to be an even more elusive type of record produced by the W.P.A.  

It is hoped that more Ohio county W.P.A. Cemetery Plat Maps come to light and be posted on the Internet free for anyone to access.
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Now we come down to examining another W.P.A. document that is actually a comprehensive publication called "The Ohio Guide" .  

The good thing is that you can "Google it" and find dozens of references to it!  

Even better you can access it via the website.: "FamilySearch", view it there, and download it to your computer or other device.

Co-incidentally, when I started this blog post in the final days of December 2021, I happened upon an article published in the Cleveland "Plain Dealer" on December 30, 2021 in the newspaper's "Travel Section" by Robert L. Smith, special to the "Plain Dealer".: 

 "Revisiting 'The Ohio Guide', the Depression era handbook highlighting top spots in the Buckeye State." 

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"The Ohio Guide" was part of the "American Guide Series" that came under the WPA Federal Writers' Project.
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The Campbell Library at Rowan University in Glassboro, New Jersey has an extensive history on this subject posted online. 

The results of conducting a word search for the word "cemetery" in the online version of "The Ohio Guide" produced 44 "hits".  An interesting one appears on Page 125 for Otis C. Pratt who was buried at the Greenwood Cemetery in Wellington, Lorain County, Ohio.:

Photograph courtesy of  Mr. Al Leiby

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So, happy hunting for "The Ohio Guide" by the Works Progress Administration - originally published by the University Press, Oxford, New York in 1940.

Old newspapers tell us that all was not well regarding some of Ohio's cemeteries during the 1930s.

 While researching Ohio newspaper stories about the cemetery documentation work conducted by the W.P.A. workers in the 1930s, I became aware of many other "newsy" cemetery stories published on the same pages as the W.P.A. related stories.  

I learned that many veterans were buried in unmarked graves.  

I learned that fraud by cemetery owners is a crime not unique to our times.  I learned that cemetery owners engaged in fraudulent activities to scam unsuspecting people out of their money by not delivering goods to customers that were promised.  

Sadly, I also learned that thefts at cemeteries happened then just like they are happening today.  

Ohio House Bill 444 - Signed into law by the Governor of Ohio - Effective April 9, 2021 - Affects transfer of cemeteries to townships

 Ohio House Bill 444, affecting Ohio's township cemeteries, was signed into law January 9, 2021 and will take effect April 9, 2021.  

State Representative, Cindy Abrams, a primary co-sponsor of HB 444 published an announcement of the passage of the bill on January 12, 2021.  Brian Baldridge is the other primary co-sponsor of this bill. 

A link to the legislative summary of HB 444.:

"Under current law, Ohio’s 1,308 townships must receive legislative permission from the Ohio General Assembly in order to enact any new abilities to carry out their duties to the public. H.B. 444 authorizes Ohio’s townships to execute decisions individually to help improve local government services and operations."  

Provisions of the bill include:

"Putting minimum standards in place regarding the transfer of cemeteries

 Allowing for another source of revenue for townships through Industrial Development Bonds

Addressing public safety concerns by making emergency responses more efficient

Providing flexibility to create Special Improvement Districts to spur economic growth

Establishing liability protections for county treasurers, municipal treasurers, and township fiscal officers for loss of funds in certain circumstances

Clarifying property tax law in regard to liens"

Proponent testimonies are included and available for download.

Happy Father's Day! Remembering my father today in a bit of a different way.

 

Wishing all of the fathers, and those who are role model fathers for others, a wonderfully happy Father's Day 2020! 
This Father's Day is unlike any other, however, because of the ongoing COVID-19 pandemic continuing across America, and indeed around the world. 

I do feel confident, though, that our 21st Century resources being utilized by professionals in the fields of science and medicine are the best equipped in history to meet and ultimately conquer the challenges presented by this deadly disease. 

It does help though, to have a supportive and loving father by our side to reassure and guide us through it.  

But, that is not possible for many of us is it, for one reason or another.

For those of us who have lost our father, please know he is only a thought away if we so desire to ponder what he has meant to us.  We have our memories, photographs, artifacts, his life history, and all he shared with us that offer a cradle of comfort whenever we choose to draw nearer to them.  If you have studied your father's life then you know about his occupations, hobbies, his character, insights, education, sports affiliations, accomplishments, and his triumph over tragedies that made him unique and strong.  

So, one way we can honor our father is to share what we know about him and his life.  We can do that in different settings -- privately or publicly. 

One public way to offer honor and respect for a deceased father is to post an online memorial for him.  

I chose to do that on "Find A Grave".  

I created my father's memorial several years ago, but today I decided it was overdue for me to take the next step and sponsor it.  

The cost wasn't much, $5.00, but it enables removal of any pop-up advertisements on his memorial page.  It also permits me to post more photographs than the normal limit of 5.  I felt good about doing that as a small gesture.  It was my small way of conveying my appreciation for his love and concern for me during our time together.  

So, thank you daddy for being a role model for me, for all of your loving support and concern for my welfare, for your grins and hugs, and for teaching me how to properly catch fish and worms!

  

Here is my Find A Grave memorial for my father, Harry Limes.    

Spotlighting "A Grave Site: Cemetery Photography by BAWS" - by Beth Wilson Shoemaker

Spotlighting the Facebook Page of:  "A Grave Site"  Cemetery Photography by BAWS - Beth Wilson Shoemaker. 

The latest photo album is from a recent visit to the 

 Pioneer Memorial Cemetery Aka Columbia Baptist Church Cemetery  Cincinnati, OH

Maj. Benjamin Stites

The Pioneer Memorial Cemetery on CincinnatiParks.com

The Heritage Village Museum

Sharing a May 1, 2020 Report by the Ohio Archaeological Council - Proposed State and Federal Legislation Updates

Sharing this link to the Ohio Archaeological Council's "Government Affairs Committee Report - May 1, 2020".

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"State Issues"

Human Burial Places Protection Bill. On January 23, 2020, OAC Government Affairs Committee Chair Al Tonetti, and Amanda Terrell (Director of the State Historic Preservation Office/SHPO), and Todd Kleismit (Director of Community & Government Relations) at the Ohio History Connection (OHC), met with State Representative Gary Scherer (R-Circleville) and Yosef Schiff (Legislative Service Commission [LSC]) to discuss proposed revisions to the draft bill. Revisions were made to address concerns expressed by interested parties at their June 11, 2019 meeting. Rep. Scherer asked LSC to incorporate the revisions and said he would discuss the revised draft with interested parties one-on-one. We are working with the LSC on clarifying a few revisions. The bill was a legislative priority for Statehood Day, see below, even though it is unlikely to be enacted before Rep. Scherer retires at the end of this year. That said, we hope to have a bill introduced this year so that legislators begin to discuss it. We are seeking new sponsors for reintroduction in 2021."

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"At the Federal Level":

"H.R. 1179/S. 2827, African American Burial Grounds Network Act.

In June, the OAC joined 72 other local, state, and national organizations, including six from Ohio, in a letter of support for the bill to the Subcommittee and the House Committee on Natural Resources. Introduced on February 13, 2019, H.R. 1179 has 49 bipartisan cosponsors including Ohio Reps. Balderson (R-Troy), Beatty (D-Columbus), Fudge (D-Cuyahoga and Summit counties), and Turner (R-Dayton). On May 22, 2019, the House Natural Resources Subcommittee on National Parks, Forests, and Public Lands held a hearing on the bill. It would create within the National Park Service the African American Burial Grounds Network that would:
• Create a voluntary, nationwide database of historic African American burial grounds, with the consent of the property owner;

• Provide technical assistance to local public, private, state, and local partners to research, survey, identify, record, preserve, evaluate, and interpret these burial grounds;

• Make available grants for local groups to research, survey, identify, record, and aid in the preservation of sites within the Network; and
• Establish educational materials for community members, local groups, and schools about African American burial grounds.

On November 11, 2019, Ohio Senator Sherrod Brown introduced companion bill S. 2827 in the U.S. Senate. It was assigned to the Senate Energy and Natural Resources Committee. It has six bipartisan cosponsors. The bill has not had a hearing."

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:

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA133-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.

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Link below to the CURRENT Ohio Revised Code 517.27:

http://codes.ohio.gov/orc/517.27v1

“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 .