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Subject: [WVMINGO] Senate Bill 90--allow us access to our family graves
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Dear friends of WV genealogy and local history,
My name is Ruth Bush-Highland. I am a member of Hacker's Creek Pioneer
Descendants Library in Weston, WV, Lewis County. Currently we genealogists
are trying to fight a problem that could hinder each & every genealogist &
family member who has a relative buried in WV.
Please send me your comments!!!! I would like to hear how you feel & any
experiences you or anyone you know has had when trying to visit a cemetery on
private land.
Please read on about Senate Bill 90. This bill, if we can all pull together
to get it passed in the House, would allow each & every person trying to
visit a grave on private land to do so. If you or anyone you know has a
family member buried on private land, there could possibly be a time very
soon when you'll never be allowed to visit those graves & it would be upheld
by law!!!!!
Consider that the land currently held as a public cemetery one day be sold as
private land. The person obtaining the land would no longer allow you access
to visit the grave or graves of your family members. When our ancestors
buried their dead on their own land, they did not forsee the land belonging
to anyone other than family. That could possibly be the case with any
cemetery. Even those in church yards. Churches are always being sold for one
reason or another.
Two years ago I had a call from a man in Webster County asking me how he
could get permission to visit his wife's grave. She was buried in a family
cemetery on land that had formerly belonged to the family. Now the land was
sold and the landowners were denying him access to the cemetery. I had to
tell him that there was no law permitting him access, that the landowner was
within his rights in denying access.
Last year a family here in Lewis County ran afoul of the landowner when they
tried to bury their mother in what was once a church cemetery. The land
around the cemetery had been sold, the new property owner had built a new
house across the access road and would not permit the hearse to carry the
mother to her final resting place. The case did go to court, a ruling was
made for the establishment of a new road (which has not yet been done), and
the landowner claims that he doesn't have to permit the family access to
visit their mother's grave. Recently, a son of the family, after giving the
property owner two weeks notice, was met by a man with a gun when he tried
to visit his mother's grave.
A quote from another concerned genealogist.....
" XXXXX died in Harrison Co. in 1939. He was living in Anmoore, Harrison
Co., WV
at the "poor farm". It is my mother's recollection that he was also buried
in the pauper's cemetery on the property. For the past two years while we
have been visiting WV, I have tried to find information so I could bring my
mother to her father's grave. She will be 75 her next birthday.
We finally learned that the old poor farm is now the 4-H Camp and that
everything on the property had been bulldozed - including part of the
cemetery. The part of the cemetery that wasn't ripped up was the landing
place for all the debris that was.
While we knew there would most likely not have been a stone fro his grave, we
still wanted to visit his final resting place. So sad that we can not."
I know of other similar cases as these scattered around the state.
Last year a bill was introduced in the WV Senate that would have addressed
these problems. The House did not pass the bill.
A couple of weeks ago, the WV Senate passed SB 90 which, if adopted by the
House or if combined with a bill from the House would be a step forward in
permitting access to family or private cemeteries by cemetery plot owners,
heirs of deceased persons, family members of deceased persons and persons
interested in engaging in genealogy research for the purposes of visitation
of the grave sites, maintenance of the grave site or cemetery or research.
It would also create a cause of action for injunctive relief if a person is
not permitted access to the cemetery, requires visitors to conduct
themselves in a responsible manner and limits the use of motor vehicles when
accessing the cemetery. Now the House has HB 4370 in committee. If it does
not get out of committee and if it is not acted upon in the next couple of
weeks, the bill will die and there will be no relief.
You can read HB4370 in its entirety at:
http://129.71.161.247/scripts/as_web.exe?hbills2000+D+7832961
The genealogical and historical communities in West Virginia began acting in
concert four years ago when we established History Day at the Legislature.
Now is the time for us to get our act even more together and contact our
delegates about the importance of this bill!!!
The property rights activists are sending negative comments to the sponsors
of this bill and others.
Let us, West Virginia's genealogists, family researchers and historians,
work together to preserve an important part of our history and gain access
to our sacred grounds.
If you have any questions, please do not hesitate to ask.
Ruth Bush Highland, Harrison County WV
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