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What rights do I have regarding above-ground burial in a township cemetery?

What rights do I have regarding above-ground burial in a township cemetery?

Full question:

We have cemetery plots in a rural township cemetery. At the time of purchase, no rules were in effect to limit burial to below ground. We have 6 lots and were planning on having above vaults. It has come to my attention that now the 3 trustees of the township have made a change in the rules of the cemetery to prohibit any above ground burial. What rights do I haveas this is where all my family is buried and I do want to still be buried here but under the rules when we purchased the lots. My address is in Champaign County, but the cemeter is Berea Cemetary, Mosquito Township, Christian County, Illinois. Thank you

Category: Death
Date: 04/07/2025
State: Illinois

Answer:

Your rights may depend on whether the new cemetery rules include a grandfather clause. This clause would allow existing plots purchased before the rule change to be exempt from the new regulations. To find out more, contact the local building department to review the specific code related to the cemetery rules. You may also be able to request a special use permit or variance, which would allow you to use your plots in a way that the new rules typically prohibit. A variance is a formal approval to deviate from zoning laws or regulations as they apply to your property.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If you buy land that has a cemetery on it, the ownership of the cemetery and its plots typically remains with the cemetery association or management. You may have limited rights regarding the use of the land, and existing graves must be respected. Local laws may also dictate how cemeteries are managed and maintained. It's advisable to check local regulations and consult with a legal professional for specific guidance.

Buying land with existing graves means that the graves and any associated rights usually remain intact. You cannot disturb or remove graves without following legal procedures, which may involve obtaining permits or permissions. Local laws govern the treatment of graves, and it's essential to understand these before making any plans for the property.

In Ohio, if you bury someone on your property, you may not have to pay property taxes specifically for the burial. However, local zoning laws and health regulations must be followed. It's crucial to check with local authorities to ensure compliance with any applicable laws regarding private burials.

When you buy a cemetery plot, ownership typically grants you rights to that specific plot, but it may not be absolute. Cemetery regulations can change, and there may be conditions regarding maintenance or usage. It's important to review the cemetery's rules and any applicable state laws to understand your rights fully.

Many cemeteries do offer to buy back unused plots, but policies vary by cemetery. If you wish to sell your plot back, you should contact the cemetery management to inquire about their specific buy-back policy and any associated fees or conditions.