A group of interested individuals recently (the last two years) re-incorporated the Southside Cemetery of Saratoga Springs. By way of saying, we found the original incorporation as a non-profit cemetery association (the equivalent in the 1860s) and re-incorporated with the state. The disadvantage is that the maintenance falls upon us and we must administer the cemetery. The advantage is that we have ownership of the cemetery. Under state law, a town that has ownership of a cemetery can declare it abandoned and move the residents elsewhere. Consequently, we chose the former route. If anyone would like more information, please let me know. I am not licensed to practice law in New York, so cannot provide legal advice. However, I can provide information on what our organization has done and continues to do. Charles Automatic digest processor wrote: > Subject: NYHIST-L Digest - 8 Jan 2002 to 9 Jan 2002 (#2002-7) > Date: Thu, 10 Jan 2002 00:00:08 -0500 > From: Automatic digest processor <[log in to unmask]> > > eply-To: "A LISTSERV list for discussions pertaining to New York State history." <[log in to unmask]> > > To: Recipients of NYHIST-L digests <[log in to unmask]> > > There are 3 messages totalling 202 lines in this issue. > > Topics of the day: > > 1. Cemeteries need help everywhere (3) > > ---------------------------------------------------------------- > > Subject: Re: Cemeteries need help everywhere > Date: Wed, 9 Jan 2002 10:00:56 -0500 > > rom: Cindy Robinson <[log in to unmask]>http://www.dos.state.ny.us/cmty/cemetery.html do > you all know about this website? a great resource... cindy > ---------------------------------------------------------------- > > Subject: Re: Cemeteries need help everywhere > Date: Wed, 9 Jan 2002 15:46:40 GMT > From: Wayne Miller <[log in to unmask]> > > As long as we're sharing horror stories, the churchyard cemetery of > St. > Mary's Roman Catholic Church, Brushton, Franklin County, was bulldozed > back > into the woods a number of years ago by a contractor enlarging the > church > parking lot. The jumble of broken stones are still in the woods behind > the > church. > > [log in to unmask] writes: > > > In a message dated 1/7/2002 7:27:17 AM US Mountain Standard Time, > > [log in to unmask] writes: > > > > > > > Word has been received of another cemetery that has been > > > desecrated by an owner who has no interest in it or any connection > > > to the people buried there > > > > You think that is bad ---- State authorities in Arizona would rather > let a > > cemetery be abandoned unless the prospective operator pays back all > the trust > > funds not paid by the people who abandoned it. > > ---------------------------------------------------------------- > > Subject: Re: Cemeteries need help everywhere > Date: Tue, 8 Jan 2002 22:58:05 -0500 > From: HistorianCindyA <[log in to unmask]> > > In regards to the cemetery problem. I had such a problem in my town > and solved it. The stones were yanked years ago by the owner. With a > little research using stuff learned from my job, being an abstractor, > I found a deed to the cemetery. I find that most of these abandoned > cemeteries have deeds. In ye olden days people buried their loved > ones in hallowed ground. We now just view it as abandoned. There > isn't an abandoned cemetery yet I've looked up that I havent found a > deed for (At least in my surrounding counties). Usually to a church > or town. It gets tricky sometimes, but if anyone is interested I can > give you some tips as to what I did. You can read and see pictures > about my success project at my website > http://www2.pcom.net/cinjod/historian/BasomPlot.html > My search took me back to 1842 but I found a deed proving it belonged > to the town, which leagally dropped it in their lap. I was lucky, the > residents had always been bothered by the stones being yanked. It is > now at least marked and on the towns mowing list along with their > other cemeteries. Took me over a year from beginning to end but it > was worth it! > Cindy Amrhein > Town of Alabama Historian > Genesee Co., NY > > > [log in to unmask] wrote: > > > Word has been received of another cemetery that has been > >desecrated by an owner who has no interest in it or any connection > >to the people buried there. It is difficult to understand how anyone > >could even give thought to touching the resting place of another > >person. This is happening to cemeteries in many places and the > >only way we can help to prevent this is to contact town, city, or > >county officials and get laws passed that will prevent anyone from > >removing or even building within 100 feet of a cemetery. > Municipalities > >need to create laws that make them a historical site and give all the > >protection possible, including from vandalism. > > > >Lorraine Westcott, former historian for the Town of Wilton (Saratoga > >Co., NY), pursued this with her town and the following is the full > >content of that law. Contact local officials or write letters to > editors > > > >to get a community involved in preserving history and use this as > >an example to model laws to protect your area cemeteries. That > >way, local officials cannot set this aside and forget it. Substitute > >the names of your local cemeteries for those listed below in Wilton > >when requesting a law to protect them. > > > > WILTON CODE > ># 129-64.1 Encroachment on cemeteries [Added 5-17-1990] > > > >A. Out of respect for them as final resting places and in order to > > preserve their integrity as significant historic sites, the > intent > > of this section is to protect Wilton's cemeteries from > encroaching > > commercial and residential development. The nearest structure > > in any commercial or residential lot or subdivision will not be > >less > > than one hundred (100) feet from the lot line of any cemetery > > listed below: > > > >(1) Dimmick Cemetery: southeast of the intersection of Dimmick and > > Gansevoort Roads, north of Snook Kill Creek > > > >(2) Brisbin Cemetery: east side of Parkhurst Road, south of the > > Little Snook Kill. > > > >(3) Gurn Springs Cemetery: north side of Ballard Road, east of > > Gordon Lane (also known as the "New Gurn Springs Cemetery"). > > > > > >(4) Kings Station Cemetery: east side of Parkhurst Road, north of > > intersection with Kings Road. > > > >(5) Gurn Springs Cemetery: south side of Ballard Road, east of the > > intersection of Traver and Ballard Roads, (also known as the > > "Old Gurn Springs Cemetery"). > > > >(6) Perry Cemetery: south side of Ballard Road, east of the Old Gurn > > Springs Cemetery. > > > >(7) Wilton Developmental Center Cemetery: east side of Northern > > Pines Road, north of the Snook Kill Creek. > > > >(8) Brick Church Cemetery: west side of Northern Pines Road, south > > of the intersection of Northern Pines Road and Gailor Road. > > > >(9) Arnold Cemetery: southwest side of the intersection of Strakos > > Greenfield Roads. > > > >(10) Brill Cemetery: east of Route 9, north of Waller Road (located, > > back off road). > > > >(11) Sleight Cemetery: west side of Route 9, north of Daniels Road, > > south of the intersection of Northern Pines Road and Route 9, > > back toward the Wilton - Greenfield Town Line. > > > >(12) South Wilton M. E. Church Cemetery: east side of Route 50, > > south of the intersection of Route 50 and Edie Road. > > > >(13) Louden Cemetery: North side of Louden Road, east of the > > intersection of Louden and Ingersoll Roads. > > > >(14) Ruggles Cemetery: east side of Ruggles Road, south of > > intersection of King and Ruggles Road. > > > >(15) Jaycox Cemetery: north side of Louden Road, east of the > >intersection of Ruggles and Louden Roads. > > > >(16) Baker/Boise Cemetery: south side of Louden Road, west of > > the intersection of Arnolds Lane and Louden Road. > > > >(17) Milligan Cemetery: south of the intersection of Louden Road > > and Arnolds Lane on east side. > > > >B. More exact locations can be found on a map prepared by > > Lorraine Westcott, Town Historian, for Clough, Harbour and > > Associates filed in the Planning Board Office. > > > >C. The Planning Board, in its sole discretion, may require a > > residential or commercial developer to erect fencing and/or > > install plantings to act as a physical and/or visual barrier > > between a cemetery and developable sites which are adjacent > > or contiguous to a cemetery. > > > >D. The provisions of this section may also be applied by the > > Planning Board to protect other cemeteries or other sites > which, > > in their opinion, are of historic significance or are included > in > > the Town of Wilton Master Plan for historic sites. > > > -- > Experience the Town of Alabama in Genesee County, NY. Current events, > wildlife, history, genealogy, cemetery inscriptions, and census > records. > http://www2.pcom.net/cinjod/historian/ > > > > __________________________________________________________________ > Your favorite stores, helpful shopping tools and great gift ideas. > Experience the convenience of buying online with Shop@Netscape! > http://shopnow.netscape.com/ > > Get your own FREE, personal Netscape Mail account today at > http://webmail.netscape.com/ > -- Charles Lee Mudd Jr. President Privacy Resolutions P.C. 1930 West Warner Avenue Chicago, Illinois 60613 (773) 871-4141