The illustrations to this article are very good. The good outcome is the happiness of the deceased family. The Dead – can not complain! Therefore, it is the responsibility the surviving famiy member, to
GRIPE!
Consider griping about the treatment of your dead
TRADITIONA:
Don’t let anyone, or any city, make you feel ashamed.
John Presco
Can a Cemetery Move a Headstone Without Permission? Explained
Imagine visiting a loved one’s grave, only to find the headstone missing or moved. Panic sets in. Was this a mistake? A theft? Or something done by the cemetery itself? It’s a troubling thought, and for many families, this question is a real concern.
Cemeteries have rules, but so do families. The headstone is a deeply personal tribute, a symbol of remembrance, and in many cases, a legal property. So, can a cemetery legally relocate or remove a headstone without the family’s approval?
The short answer: In most cases, no. Cemeteries typically need permission from the family or whoever holds the burial rights before making changes. However, there are exceptions like unpaid fees, safety concerns, or legal disputes that can lead to headstone relocations without direct consent.
Laws vary by state, and cemetery policies often differ, so understanding your rights is crucial. Let’s break it down so you know exactly what to expect, what’s legal, and what to do if you ever find yourself in this situation.
Legal Requirements for Moving a Headstone
The idea of a cemetery moving a headstone without permission might sound unthinkable, but in reality, laws exist to regulate such actions. These laws protect gravesites, guarantee respect for the deceased, and prevent disputes between families and cemetery operators. However, the legal landscape isn’t the same everywhere: state, provincial, and national laws vary, creating a complex system that determines when and how a headstone can be moved.
The Laws That Protect Headstones and Graves
Gravesites are legally protected under multiple layers of law, often at the state, local, or even religious level. In the U.S., most states classify the disturbance of a grave or headstone without proper authorization as a criminal act, sometimes even a felony. Laws like the Graves Protection Act or similar statutes impose hefty fines and even jail time for unauthorized tampering.
At the federal level, the Native American Graves Protection and Repatriation Act (NAGPRA) offers additional protection for Native American burial sites. Similar laws exist worldwide; for example, in the UK, The Burial Act of 1857 makes it illegal to remove or disturb human remains without permission from the Ministry of Justice.
But what about cemeteries themselves? Can they simply move a headstone if they see fit? The short answer: not without following strict legal procedures.
Notification Requirements: The Rights of the Next of Kin
Cemetery operators don’t have free rein over gravesites. If they plan to modify, relocate, or remove a headstone, they are typically required by law to notify the next of kin.
In most cases, written notice must be provided well in advance, sometimes 90 days or more before any action is taken. Families are usually allowed to dispute or challenge the decision, especially if it involves major alterations. Some states require a court order before a headstone can be moved, particularly if the modification involves disturbing the burial itself.
However, there are exceptions. If a headstone becomes a safety hazard, such as when it’s at risk of falling over or has already collapsed, the cemetery may be allowed to remove or stabilize it without prior consent. But even then, they typically must document the issue and attempt to contact the family.
In the United States, most states require next-of-kin notification before a headstone is moved. In California, for example, cemeteries must seek written approval from the deceased’s legal representative before making changes. Meanwhile, in Texas, the process often requires a court order if the headstone movement involves altering the burial site.
When Moving a Headstone Becomes a Legal Battle
If a family refuses to grant permission, but a cemetery insists on relocating a headstone, disputes can escalate to legal battles. In these cases, families may file an injunction to stop the cemetery from making changes.
Courts will often consider whether the move is necessary for maintenance, safety, or legal reasons. If a cemetery is found to have moved a headstone without following legal requirements, it can face lawsuits, financial penalties, and even criminal charges in some jurisdictions.
Exceptions Where Cemeteries Might Move a Headstone Without Permission
As already said, generally, cemeteries can’t just relocate a headstone whenever they feel like it: laws, ethics, and family rights all play a role. But, as with most things, there are exceptions. In certain situations, a cemetery might have the legal right (or even the obligation) to move a headstone without explicit family consent. These cases are rare but real, and if you’re wondering whether a cemetery could ever do this to a loved one’s grave, here’s what you need to know.
Legal Orders and Court Mandates
If a court orders the relocation of a grave or an entire section of a cemetery, the cemetery has no choice but to comply. This typically happens in cases of:
Unmarked or disputed graves: If a burial location is contested: let’s say two families claim the same plot, a judge might step in and order the movement of a headstone to reflect the rightful ownership.
Criminal investigations: In rare but serious cases, law enforcement may need access to a gravesite as part of a forensic investigation. If a body needs to be exhumed for evidence, the headstone might be removed or relocated in the process.
Cemetery Policy Violations
Most cemeteries operate under strict regulations regarding headstone size, material, and placement. If a headstone is installed improperly, either by accident or against cemetery rules, the cemetery may remove or relocate it without asking.
Example: A family places a large, elaborate monument in a section designated for uniform headstones. If the cemetery’s policy forbids oversized markers, they may move or replace them without seeking permission.
Another scenario: If a headstone is installed on the wrong plot due to a clerical error, the cemetery may relocate it to correct the mistake.
Cemetery Abandonment or Redevelopment
Not all cemeteries remain intact forever. Some get abandoned, others are redeveloped, and in extreme cases, graves are relocated en masse.
Eminent domain: If a cemetery is on land that the government seizes for infrastructure projects (such as highways or new developments), graves, including headstones, may be relocated, sometimes without notifying all descendants.
Cemetery bankruptcy: If a private cemetery goes bankrupt and is sold, new owners might move headstones to consolidate space or repurpose land.
Safety Concerns and Structural Hazards
Cemeteries must maintain a safe environment for visitors. If a headstone becomes a hazard, whether due to damage, natural disasters, or neglect, the cemetery might move it for safety reasons.
Storm damage: If a headstone is knocked over by a storm and poses a risk, the cemetery may relocate it to a safer area until repairs can be made.
Sinking or shifting: Over time, soil erosion or water damage can cause a headstone to lean or sink. The cemetery might move it to stabilize the area.
Family Abandonment or Inactivity
When a family fails to maintain a plot or respond to cemetery requests over long periods (sometimes decades), the cemetery may exercise its rights to make changes.
Some cemeteries require ongoing plot maintenance fees. If these aren’t paid, the cemetery might move the headstone as part of general grounds upkeep. In extreme cases, if a headstone falls into disrepair and no one steps forward to claim responsibility, the cemetery may remove it to maintain the aesthetic of the grounds.
What to Do If You Suspect a Headstone Has Been Moved Without Permission?
If you suspect a headstone has been relocated, whether slightly repositioned or entirely moved to another section, taking immediate action is very important to ensure the integrity of the burial site and to hold those responsible accountable.
The first thing you need to do is verify the records with cemetery management. Every cemetery, whether privately owned or publicly maintained, should have precise documentation detailing the location of each burial plot. Request to see the records for your loved one’s grave and compare them with any personal documentation you may have, such as a burial deed or purchase agreement. If the cemetery’s records contradict what you know to be true, you have reason to investigate further.
Next, physically examine the headstone and surrounding area. If you have photos from previous visits, compare them to the current layout. Check for signs of recent disruption: disturbed grass, new soil, or misaligned markers may suggest movement. It’s also important to speak with cemetery staff. Ask if any maintenance work, renovations, or ground shifts could have led to the headstone being relocated.
Sometimes, headstones are moved temporarily for landscaping or restoration projects, but in any case, you should have been informed.
If you still suspect unauthorized movement, talk to other visitors. Nearby grave owners, funeral directors, or regular visitors might have noticed something unusual. Cemeteries don’t operate in isolation, and the more people you speak with, the better your chances of uncovering the truth.
How to File a Formal Complaint
If cemetery management refuses to acknowledge the issue or fails to provide a reasonable explanation, you’ll need to escalate the matter. Start by filing a written complaint with the cemetery administration. This should include all relevant details: dates of discovery, discrepancies in records, photographic evidence, and any responses you’ve already received from staff. Be direct and professional, but make it clear that you expect action.
If the cemetery is part of a larger organization, such as a church or municipal body, contact the overseeing institution. Many cemeteries fall under local or state regulations, and you may find that there are official channels for handling disputes over burial plots and headstones. If your complaints are ignored, reach out to state cemetery boards, consumer protection agencies, or other regulatory bodies that oversee cemetery operations.
In cases where a headstone has been moved without permission due to neglect, incompetence, or fraudulent activity, legal action may be necessary. A lawyer specializing in cemetery law or property rights can advise you on whether you have grounds for a lawsuit. In severe cases, such as if the actual remains were disturbed, you may need to involve law enforcement, as this could be considered a criminal act.
The most important thing to remember is that you are not powerless. Cemeteries are not above accountability, and they are legally obligated to respect the final resting places of those buried there.
people, pocketing state funds
Multiple people, including a funeral home director in Trinidad, are calling for a sweeping investigation into Coroner Dominic Verquer. They suspect he’s been burying homeless people without their families’ or the cemetery’s knowledge.
Posted 4:13 PM, Dec 08, 2023
and last updated 7:14 AM, Dec 11, 2023
Residents in Southern Colorado are calling for a sweeping investigation into the Las Animas County coroner, alleging that he used county equipment to secretly and improperly bury at least two homeless people without their families’ consent or the rural cemetery owner’s knowledge.
The owner of Starkville Cemetery, the distraught daughter of a missing man, and a funeral home director in Trinidad suspect coroner Dominic Verquer has also been pocketing the state funds provided to providers for the proper burial of those who cannot afford services.
While a coroner or medical examiner may be involved in authorizing an exhumation in some jurisdictions, they are not typically required to be physically present when a grave is moved to a new location, provided the proper legal permits are secured.
Key Requirements and Personnel Involved:
- Licensed Funeral Director: A licensed funeral director is frequently required by state law to oversee the exhumation, transportation, and re-interment to ensure the process is done properly.
- Environmental Health Officer: Because moving a grave can be a public health hazard, it is recommended to have an environmental health officer present.
- Legal Documentation: You must obtain an exhumation permit (or disinterment license) from the local or state health department, along with permission from both the current and new cemeteries.
- Next of Kin/Court Order: The process requires the consent of the legal next of kin, or in some cases, a court order.
Other Considerations:
- Cost: Moving a grave is expensive, often ranging from several thousand dollars to over $10,000, as it involves disinterment fees, new vaults, transportation, and re-interment fees.
- Professional Help: It is highly recommended to contact a funeral home, as they manage the logistics, legal documents, and transportation.
A coroner or medical examiner is not usually required to be physically present for the entirety of a standard, planned grave relocation (disinterment). However, their legal approval or a court order is required to begin the process, and in some jurisdictions, an environmental health officer or specialized funeral director must supervise the disinterment to ensure public health compliance.
Here are the specific requirements regarding supervision and legal presence:
- Supervision: While a coroner may not be there, a licensed funeral director or specialized exhumation team is almost always required to manage the process, oversee the respectful handling of remains, and manage the transportation.
- Health and Safety: Because removing a body poses a public health risk, an environmental health officer or health official may need to be present to ensure proper protocols are followed.
- When a Coroner/Medical Examiner Must Be Involved: A coroner is involved if the disinterment is related to a legal investigation, a, suspicious death, or if the court requires their supervision for the forensic extraction of remains.
- Permits: You must obtain a disinterment permit from local or state health authorities before any movement can occur, which serves as the legal authorization, removing the need for a coroner to be present.
Key Takeaway: The process is managed by a funeral director and governed by a permit, rather than the physical presence of a coroner, unless it is a forensic exhumation.
What are Some of the Legal Reasons a Family Member May Request a Disinterment?
– April 28, 2017
A cemetery is not permitted to simply unearth a casket and relocate it for their own purposes; there are steps that must be taken in order for the error to be corrected properly. This can be very confusing and painful for family members, but even more upsetting are those situations where a cemetery does not fulfill their obligations and instead acts negligently or fraudulently. The cemetery negligence attorneys at Bochetto & Lentz are experienced in representing families in these difficult matters and are here to help.
There are a number of reasons why a family member may request a disinterment. These include relocating the body to another part of the same cemetery, or even to another location entirely. In some cases, there are family arguments regarding where a family member who has died should be buried, and there are even cases in which families have agreed to one burial spot, and then years later learning that a body has been disinterred and removed to another location. These family arguments can be extremely upsetting, and often require intervention by the courts.
Cemeteries may also need to disinter and reinter a casket under certain circumstances, including to correct an error; to move a body from a temporary holding location to a permanent one; and when the outer burial container encroaches on another grave’s space. In all cases, disinterment is not permitted in the state of Pennsylvania without first obtaining a permit from the local registrar. The law requires that when a cemetery company buries or permits the burial of a body in the wrong lot, it is the cemetery’s responsibility and duty to correct the error. In doing so they must provide the next of kin of the decedent with advance notice that their loved one will be disinterred and reinterred as long as the owner or owners have requested this notification. Family members are permitted to be there for this process if they have requested the ability to witness the handling of their loved ones’ remains. When this type of disinterment is required as a result of an error, it is the company’s responsibility to bear all of the associated costs.
When you lose a loved one, you do not anticipate having these kinds of issues arise, but they sometimes do. If you are facing the complexities of cemetery negligence or the need for disinterment, contact us online to find out how legal counsel from a knowledgeable attorney from the Philadelphia law firm of Bochetto & Lentz can help.
Coroner-directed disinterment is the legal exhumation of human remains ordered by a coroner or medical examiner, often without next-of-kin consent, to investigate the cause of death, such as for a criminal investigation or to confirm identity. This process requires strict legal authorization and permits to move the body.
Key Aspects of Coroner-Ordered Disinterment:
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