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Town to take over cemeteries |
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Monday, 24 December 2007 |
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By JOSEPH FITZGERALDNORTH SMITHFIELD – You just bought 200 acres of farmland in town and hidden in the corner of the property is a tiny centuries-old cemetery with crumbling gravestones covered with vines and leaves.
If that historic cemetery is considered neglected or abandoned, be prepared – the town is about to come knocking on your door.At the urging of the Conservation Commission, the Town Council is sending out letters notifying owners of land with abandoned cemeteries of the town’s intent to “take possession” of the gravesites. The town is taking the action to ensure that all historic cemeteries in town are preserved and protected from development.The town is evoking a little-known state law, which allows a municipality to take possession of historic cemeteries if they have been neglected for a period of 20 years or more.Over the past few months, the Town Council has notified a handful of residents about the law and in just about every case the landowner has been more than happy to relinquish control of the cemeteries to the town.Such was the case of Daniel and Debra Geer who purchased several acres of land on Pound Hill Road. The Geers knew a small cemetery existed on the property, but never realized its historical significance or the state law that enables the town to take possession of neglected cemeteries. They didn’t know any of that until they got a letter notifying them of the town’s intent to take possession.“This is not a land-taking,” Councilwoman Linda B. Thibault told Debra Geer at a meeting she was recently asked to attend.Thibault said there is a big difference between taking land and taking possession of land.The council explained that according to state law, not only can towns take possession of neglected historic cemeteries, they can also hold and manage in trust all funds given to it to preserve and maintain them.Conservation Commission Chairman Donald Gagnon estimates there are upwards of 60 such registered historic cemeteries in town and about 20 more the town is actively trying to locate and research.“The underlying reason that we’re doing this is to make sure these cemeteries stay where they are,” he said. “It basically puts these landowners on notice that we know these cemeteries exist and that they are not to be disturbed.”If a landowner has a cemetery on his property he is prohibited by law from desecrating or disturbing the graves, Gagnon said.“They may own the land, but they don’t own the cemetery and if descendants want to visit the cemetery access must be allowed,” Gagnon explained. “This state is very strict about protection of human remains.” |
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Last Updated ( Tuesday, 01 January 2008 )
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