cemetery blocked

[gthorne]

A rural cemetery was deeded to the public in 1935, with access until 1991. The owner of the surrounding land blocked the only access to the cemetery to control hunters and four wheelers from his property. Do I, as a member of the public, have recourse?

 

[disagreeable]

Complain to the county commissioners. They should be enforcing access.

 

[army judge]

A rural cemetery was deeded to the public in 1935, with access until 1991. The owner of the surrounding land blocked the only access to the cemetery to control hunters and four wheelers from his property. Do I, as a member of the public, have recourse?

You might inquire about an easement, if the original grantor was prescient.

This statute is your friend.

http://codes.lp.findlaw.com/alcode/35/1/35-1-4

 

[gthorne]

Army Judge, that stature if I read it correctly, is for private cemeteries. Thanks for the easement suggestion. How does one apply for easement?

 

[army judge]

Army Judge, that stature if I read it correctly, is for private cemeteries. Thanks for the easement suggestion. How does one apply for easement?

The governmental body (city, county, village, township, state) should be contacted, as suggested by Disagreeable.

You could also speak with your elected officials.

Yes, the statute does focus on privately owned cemeteries.
If the cemetery in question is owned by a governmental body, the easement has probably been addressed by that body.
Otherwise, it might not be a publicly owned cemetery, as you indicated.
If it is publicly owned, the controlling authority should be notified.
It could be that after 1991 ownership reverted to a private authority.
More research might be in order.

 

[gthorne]

May I please have your opinion of Alabama code 18-3-20? In part it reads, relatives buried in said cemetery shall have the right to acquire a convenient right of way not exceeding 15ft. Thanks again, Sir.....

 

[Betty3]

You are still going to need to talk to a government body or elected officials re this particular cemetery.

 

[gthorne]

last question. What does the word acquire mean, in relationship to the code?

 

[Betty3]

obtain, get .................................

 

[army judge]

May I please have your opinion of Alabama code 18-3-20? In part it reads, relatives buried in said cemetery shall have the right to acquire a convenient right of way not exceeding 15ft. Thanks again, Sir.....

The words you cite above imply that relatives of those buried in the cemetery can seek and acquire an easement across private or public property to access the cemetery.

I suggest you start with city, county, township, or state officials.
You also need to determine who or what owns the land after 1991.
Good luck.