This page provides answers to frequently asked questions about the regulation and administration of cemeteries and memorials in Kentucky. It includes information on access, the processes of interment and disinterment, and the legal definition of what constitutes a cemetery.
Cemeteries & Memorials
What are the first steps in preserving a family cemetery?
If the family cemetery is on your property, it is as simple as calling the state historical society to let them know of the family cemetery so that they can update their register of cemeteries in the state.
What is the process for preserving a historic cemetery on my property?
Working with the state historical society can provide you with help collecting records about the cemetery, access information about cleaning and preservation options for the monuments and grave markers, and allow for inclusion in the state’s record of historical locations. In Kentucky, the process can be started by visiting this website for initial information.
How do I go about dealing with a cemetery in the path of a development?
If this situation arises, the two most prevalent solutions are either to move the entire cemetery by exhuming and reburying the remains at an alternate location (at the expense of the developer) or to build around the cemetery. Both of these situations come with unique legal issues, and often require a hearing to investigate community and historical concerns, contacting descendants of those interred in the cemetery for permission to move the remains, and obtaining various permits from the city, who, if the cemetery is on public land, has the responsibility to protect the cemetery from improper usage or destruction.
How do I obtain legal access to a family cemetery on someone else’s property?
Remains contain within them an easement into the part of the property that passes through the descendants of the decedents. As such, the right to visit the gravesite of a family member is present regardless of whose property it is on. However, that easement does not carry with it the right to trespass on any other part of the property, including taking an indirect route to access the grave. Working with the property owner to find a solution that allows you to access the grave of your loved one without impeding their use of their property is essential.
I found a cemetery on property I own or am set to inherit. What are the proper next steps?
The first step is to contact the local historical society to get information from their register on the remains interred on the burial grounds. It is likely that the actual plots themselves are not under your ownership, so disturbing them is illegal in most cases. Instead, you should work with the historical society and other community resources to identify the stakeholders with ownership rights to the plots and work with local authorities to determine the best course of action.
I suspect that there may be Native American gravesites or remains on my property. What protections and procedures should I be aware of?
When dealing with Native American remains or cultural artifacts, a law called NAGPRA comes into play. This law has special steps that need to be taken. Information can be found at this website or by contacting that national NAGPRA Program at (202-354-2201) or NAGPRA_info@nps.gov for further information.
Can burial grounds be used for other purposes?
Generally, no. The cemetery and the surrounding land is included in the definition of burial grounds, and those parcels of land are normally reserved exclusively for the purpose of interring remains.
Do cities have to take steps to protect known burial grounds from improper usage?
Yes. Municipalities have an affirmative duty to take steps to protect burial grounds they know of from improper usage. These steps can range from signage and maintenance of gravesites to keeping a record of known burial grounds.
What constitutes an improper action regarding a gravesite or the remains interred there?
Moving the graves without reason or notice, denying family the right to access the grave, burying multiple remains in one plot, and interfering with the monuments in a gravesite are all examples of improper action. The test here is essentially whether or not the remains have been respected and the next of kin has been notified of relevant action and had a chance to make their wishes known.
What are the limits surrounding burying animals on personal property?
Generally, you are allowed to bury animals on your personal property, so long as they are not buried negligently. Examples of negligent burials include those that would clearly pollute a shared water source, create a hazard on the land itself, or other foreseeable negative outcomes.
Do regulations for cemeteries include cemeteries used exclusively for animal remains?
No. The statutory language only confers protection to those cemeteries that contain buried “persons”. Animals fall outside the scope of the current statutes.
Who has legal control over the remains of a loved one?
The spouse, if applicable, has the first legal right, and then it will pass to next of kin (those set to inherit, namely children or parents if they are still living). However, once a final interment has occurred, the interests of the decedent and those who had a relationship with him or her before disturbing that interment. This same order of control works with regard to anatomical gifts or donations as well.