57-39.1 - Improvement of abandoned and neglected graveyards.
§ 57-39.1. Improvement of abandoned and neglected graveyards.
When the owners of any private graveyard, not connected with any church orchurch property, abandon the graveyard and allow it to fall into a conditionof neglect and disuse, so that it is unsightly and thereby lessens thedesirability and value of adjacent land, and the owners fail or refuse, whenrequested by the owner of adjacent land or when requested by the localgoverning body of the county, city or town wherein the private graveyard islocated, to remedy such condition of neglect and put the graveyard intosuitable condition, then any owner of adjacent land or the local governingbody may file a bill in equity in the circuit court of the county or citywherein the graveyard is located, for the purpose of requiring the graveyardto be placed in a suitable condition. The owners of the graveyard or anyperson having a right therein shall be made defendants to such courtproceedings.
The court shall not enter an order requiring the owners of a graveyard inwhich a grave or entombment right has never been sold to improve it or placeit in a suitable condition. However, after hearing the evidence the court mayallow the petitioners, at their own expense, to improve the graveyard andplace it in suitable condition and may also require bond to ensure that thepetitioners will not injure or remove any tomb, monument, gravestone, gravemarker, or vault without having first obtained court approval. Actingpursuant to court order, the petitioners may thereafter enter upon the landand improve the graveyard and place it in suitable condition. The costs inany case involving a graveyard in which a grave or entombment right has neverbeen sold shall be paid by the petitioners.
In any case involving a graveyard in which a grave or entombment right hasbeen sold, the court shall determine whether the owners or petitioners shallpay the costs of improving the graveyard and may require bond to insureagainst injury or removal of any tomb, monument, gravestone, grave marker, orvault without court approval.
(1950, p. 91; 1986, c. 55; 1990, c. 675.)