- Recommended Changes to Cemetery Law In Missouri

In our limited experience with cemeteries in the state of Missouri, we have been shown that cemetery law in the State of Missouri is sadly lacking, and in fact contributes to the gradual decline and destruction of the Pioneer Cemeteries of the state. The existing statutes are, in many cases, so unclear that they are not readily enforced and in most cases, key provisions for protection of these Pioneer Cemeteries are not present in our existing laws.

Many of the recommended changes to Missouri Cemetery Law, which follow, are gleaned from the laws of more progressive states which have more aggressive cemetery law. These recommendations are drawn from our experiences and are in no way complete; but are a great step forward in the protection of Missouri's "Pioneer Cemeteries".

I. Definitions:
1. "Pioneer" cemetery shall refer to any cemetery or burial ground not covered by the unmarked burial laws of RSMO 194, whether on public or private land, that has human remains interred before the date of August 10, 1894, seventy-three (73) years following the date for Missouri statehood.
2. "Historic" cemetery shall refer to any cemetery or burial ground deemed to be "Pioneer" as set forth in the provisions above and has interred there an individual or individuals which are of local or state renown or through some act or event and are distinguished beyond the norm. The intent of this "Historic" distinction is to provide recognition as to a cemetery which contains the remains of an individual who has significantly contributed to the development of the region, state, or nation.
3. "Abandoned" shall refer to any cemetery or burial ground in which the interrment of human remains has not been made for fifty years or the property owner of the land on which the cemetery lies is not descended from individuals buried in the cemetery and the property owner makes no attempts to maintain the cemetery. This shall be construed to mean any cemetery or burial ground meeting the activity requirements set forth above, in which grounds maintenance has not been performed for a period of time greater than five years or may be seriously overgrown is considered to be abandoned.
4. "Destroyed" shall refer to any cemetery or burial ground which shall be reasonably located through the use of old maps, court records, recorders office records, or other documents which can be established to have existed in the past; however through the passage of time all visible traces of which have been obliterated or has been converted to

II. Proposed Amendments to existing Missouri Cemetery laws:
1. The Department of Economic Development, shall maintain registry of, and promulgation of laws pertaining to endowed cemeteries of the state of Missouri and all others shall be transferred to Department of Natural Resources, Division of Historic Preservation for registry of, promulgation of laws pertaining to, and enforcement of laws pertaining to all other cemeteries, and with the assistance of state and county government, and local historical societies, and other available sources, shall create and maintain a register for ALL Missouri cemeteries or burial grounds, with exact location and other details, in which the earliest interred human remains are dated before August 10, 1894, whether on public or private land, whether known or unknown.
2. That responsible parties such as Historical, Archeological, School or Cemetery associations shall have the right, at reasonable times and upon request, enter private or public land for the purpose of registering, transcribing, or mapping the graves of the interred in Pioneer, Historical or Abandoned cemeteries.
3. That owners of private lands on which a Pioneer, Historical or Abandoned cemeteries, be forbidden from removing, or causing to be removed, any fence or part of a fence from around any cemetery or grave.
4. That no building may be erected within 100 feet of a Pioneer, Historical or Abandoned cemetery or grave, whether on public or private land, other than a building erected for the maintenance of such cemetery by a responsible party such as a government entity, cemetery association or historical society. All building additions to this buffer land shall be approved by the county commission prior to construction. That building shall bear notice as to the responsible party and all pertinent contact information and be plainly visible to all visitors.
5. That no person shall intentionally, whether on private or public land, remove, injure or otherwise cause to be damaged, or through negligence or intent, any tombstone, grave marker, fence, or monument, decorative fence or to create any situation that would cause livestock, machinery or farm implements to cause damage to said monuments or cemetery, in a Pioneer, Historical or Abandoned cemetery.
6. That any responsible group, individual or family member shall, upon request and at reasonable times and weather conditions, enter any Pioneer, Historical or Abandoned cemetery for the purpose of performing maintenance such as placing grave markers, repairing grave markers, removing brush, mending fences, installing fences, cutting grass and weeds or other necessary maintenance, and have the right to bring such equipment and supplies as needed by motor carrier across private or public land, by the most direct route, respecting the rights of the landowner, for the purpose of performing such maintenance. This access shall be tempered by the reasonable consideration of the landowner and the livestock and/or crops they have on the land. The general public or disinterested parties shall be subject to right of approval at the discretion of the landowner and shall be subject to the laws governing simple trespass.
7. That a paragraph shall be placed in the provisional sales contract, and land abstract, by the seller, or of any land transferred by public or private sale, notifying the buyer that there exists a Pioneer, Historical or Abandoned cemetery on said property and that the laws of this section apply to said cemetery.
8. In the case of Destroyed cemeteries, all efforts shall be made to provide the best approximate location and size of that cemetery and shall be designated as such and handled in a manner as set forth in the preceding paragraph and shall not be subject to the limitations placed upon landowners or the benefits to landowners as set forth in the following paragraphs.
9. A list and map of known Historic, Pioneer, and Abandoned cemeteries in the county shall be maintained by the Assessor, County Clerk, and Recorders offices readily available to all interested parties and potential purchasers of land.
10. The property owner of property which contains a Historic, Pioneer, or Abandoned cemetery shall receive relief from State, County, and Local taxes for a minimum of one acre, in one-half acre increments, for the area designated as a cemetery and the surrounding buffer area. Additionally, the landowner shall receive a direct tax write-off for labor and materials used in maintenance and repair of fences surrounding that cemetery as approved by the Division. Labor and material costs expended by the landowner in the direct upkeep and clearing of a Historic, Pioneer, or Abandoned cemetery shall receive a direct tax-write-off as approved by the Division. These benefits to landowners shall be coordinated through the governmental body with jurisdiction.
11. The governmental body with jurisdiction may appoint a responsible individual, government official, or agency as Cemeteries Officer with the duties of advising that jurisdictional body, determining the condition of, and maintaining records of those cemeteries which qualify as Historic, Pioneer, Abandoned or Destroyed. No provision for additional funding is set forth at this time.
12. The governmental body with jurisdiction over Historic, Pioneer, or Abandoned cemeteries shall provide appropriate markers designating the name of the cemetery, the jurisdictional governmental body, and its' classification of Historic, Pioneer, or Abandoned. Determination of classification shall be the responsibility of the jurisdictional governmental body using criteria as set forth by the Division.
13. In the case of cemeteries deemed to be Historic, Pioneer, or Abandoned, the jurisdiction of these cemeteries shall fall to the County Commission or municipality in which the cemetery is located. Landowners shall be responsible to report all unauthorized access to the cemetery, vandalism, or unauthorized removal of cultural items to the governmental body with jurisdiction as well as appropriate law enforcement officials.
14. Any person, corporation, partnership, propreitorship, property owner, or organization who knowingly disturbs, destroys, vandalizes, or damages a marked or unmarked human burial site in a cemetery designated as a Historic, Pioneer, or Abandoned cemetery shall be prosecuted as a class D felony. Violation of any part of this section shall be punishable by a fine of not less than $100 or more than $5,000, or a jail term of up to six months or both, for each offense. Any person who knowingly appropriates for profit, uses for profit, sells, purchases or transports for sale or profit any cultural items obtained in violation of RSMO 214 shall be prosecuted as a class A misdemeanor and, in the case of a second or subsequent violation, shall be prosecuted as a class D felony.
15. No part of this section shall have any reference to or be binding on any city, county or state cemetery that is currently maintained by said government bodies or any cemetery in which the earliest interrment of the remains of human beings shall date after August 10, 1893 or shall have been deemed Abandoned by process of law.
16. Each county court may adopt an ordinance assuming jurisdiction and control of pioneer cemeteries in the county. The county court shall exercise the powers and duties relating to the maintenance and repair of cemeteries in the county as provided in this section and the maintenance and repair of all cemeteries under the jurisdiction of the county including pioneer cemeteries shall be paid from the county general fund
17. In lieu of management of the cemeteries, the county court may create, by ordinance, a cemetery commission to assume jurisdiction and management of the pioneer cemeteries in the county. The ordinance shall delineate the number of commissioners, the appointing authority, the term of office, officers, employees, organizational matters, rules of procedure, compensation and expenses, and other matters deemed pertinent by the county court. The county court may delegate any power and duties relating to cemeteries to the cemetery commission except the commission shall not certify a tax levy pursuant to the following section.
18. The costs of management, repair, and maintenance of pioneer cemeteries shall be paid from the county general fund. The county court may levy annually a tax not to exceed six and three-fourths cents per thousand dollars of the assessed value of all taxable property in the county to repair and maintain all cemeteries under the jurisdiction of the board including pioneer cemeteries and to pay other expenses of the board or the cemetery commission as provided. The proceeds of the tax levy shall be credited to the county general fund and shall be used solely for the management of pioneer cemeteries in the county as set forth in sections 16 and 17 above.