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In the past two or three weeks I've had separate talks with different folks about abandoned cemeteries in Newton County.
Mostly, these are family cemeteries with only a few graves, located in wooded and overgrown brushy areas or, less often, a pasture. In some of these cases, the stones have been knocked over by cattle. The actual graves, of course, receive much worse treatment. At one cemetery someone told me of — but I have never visited — in southeastern Newton County, there are Civil War soldiers buried there. Not that anyone can tell these days, as I understand it, given the state of the burial ground.
I thought this might be a good time to figuratively blow the dust off the old Missouri law books and drop a line or two about the state has to say about these type of abandoned rural cemeteries, which are almost always located on private property.
For starters, Missouri law defines an abandoned family or private cemetery as one in which no one has buried for at least 25 years (RSMo 214.131).
Secondly, under that same section, state law notes that anyone who knowingly disturbs or damages (to paraphrase) gravestones — or fencing — in an abandoned cemetery is guilty of a Class A misdemeanor. Now, that doesn't go so far as to say that a landowner is obligated to keep up an abandoned cemetery located on his property, nor, would I think, does it directly imply he must keep the farm animals out (though I suppose some might interpret it that way.)
Thirdly, and this is something that many folks perhaps aren't aware of, in Missouri anyone who wishes to visit an abandoned cemetery that is completely surrounded by private property has right of access, under certain provisions. The rules are that you do your visiting during “reasonable hours” and “only for purposes associated with cemetery visits,” so no graveyard parties.
Since this is somewhat controversial, as private property is involved, here is the law's subsection in its entirety: “Any person who wishes to visit an abandoned family cemetery or private burying ground which is completely surrounded by privately owned land, for which no public ingress or egress is available, shall have the right to reasonable ingress or egress for the purpose of visiting such cemetery. This right of access to such cemeteries extends only to visitation during reasonable hours and only for purposes usually associated with cemetery visits.” (RSMo 214.132)
In the past two or three weeks I've had separate talks with different folks about abandoned cemeteries in Newton County.
Mostly, these are family cemeteries with only a few graves, located in wooded and overgrown brushy areas or, less often, a pasture. In some of these cases, the stones have been knocked over by cattle. The actual graves, of course, receive much worse treatment. At one cemetery someone told me of — but I have never visited — in southeastern Newton County, there are Civil War soldiers buried there. Not that anyone can tell these days, as I understand it, given the state of the burial ground.
I thought this might be a good time to figuratively blow the dust off the old Missouri law books and drop a line or two about the state has to say about these type of abandoned rural cemeteries, which are almost always located on private property.
For starters, Missouri law defines an abandoned family or private cemetery as one in which no one has buried for at least 25 years (RSMo 214.131).
Secondly, under that same section, state law notes that anyone who knowingly disturbs or damages (to paraphrase) gravestones — or fencing — in an abandoned cemetery is guilty of a Class A misdemeanor. Now, that doesn't go so far as to say that a landowner is obligated to keep up an abandoned cemetery located on his property, nor, would I think, does it directly imply he must keep the farm animals out (though I suppose some might interpret it that way.)
Thirdly, and this is something that many folks perhaps aren't aware of, in Missouri anyone who wishes to visit an abandoned cemetery that is completely surrounded by private property has right of access, under certain provisions. The rules are that you do your visiting during “reasonable hours” and “only for purposes associated with cemetery visits,” so no graveyard parties.
Since this is somewhat controversial, as private property is involved, here is the law's subsection in its entirety: “Any person who wishes to visit an abandoned family cemetery or private burying ground which is completely surrounded by privately owned land, for which no public ingress or egress is available, shall have the right to reasonable ingress or egress for the purpose of visiting such cemetery. This right of access to such cemeteries extends only to visitation during reasonable hours and only for purposes usually associated with cemetery visits.” (RSMo 214.132)
I cannot stress enough the importance, legality and propriety of contacting the property owner before you start crossing fences to visit a cemetery. Above all else, it's only common courtesy. But if you are refused access, well, the next subjection of 214.132 takes care of that: “The sheriff or chief law enforcement officer of the county in which the abandoned family cemetery or private burying ground is located shall enforce the provisions of subsection 1 of this section.” That is, the right of access.
Of course, you may not want to make a big deal about it and just drop the matter, the law on your side or not. Oftentimes, that is the prudent choice.
But allow me to add here that there are lots of revisions to Missouri cemetery law being proposed. These changes would go even further to protect old, abandoned cemeteries, including those in Newton County.
If these do become law, allowing a couple of genuinely preservation-minded people to cross your land to reach a family cemetery — as already permitted by law — really won't seem so bad, I promise you.
Wes Franklin serves on the Newton County Historical Society board of directors. He is also a staff writer for the Neosho Daily News. He can be reached at 658-8443.
