Pre-contact cemeteries are usually deemed "archaeological sites" as are some of the historic period cemeteries we encounter. However, you can always find next-of-kin for prehistoric burials, through consultation and coordination with Tribal representatives.
The court provides authorization for an entity that has decided for any number of reasons to relocate a cemetery and typically doesn't rule on the morality of the choice, false or otherwise. I can say that the decision to relocate a cemetery is not entered into lightly and is often weighed against the cost of relocating the living, and when constructing a road, there may be little choice. In eastern Kentucky, for instance, family cemeteries are everywhere and attempting to correct deficiencies in a road that lead more people into a graveyard will sometimes push us into the choice of relocating those who are already in one.
This isn't theory to me, or rhetoric - this is something I deal with on a regular basis. The choice is typically that the needs of the living outweigh the needs of the dead.
-----Original Message-----
From: HISTORICAL ARCHAEOLOGY [mailto:[log in to unmask]] On Behalf Of Jim
Sent: Tuesday, August 25, 2015 8:23 AM
To: [log in to unmask]
Subject: Re: neglected burying grounds
Yea, which is my point. Arguably all precontact aboriginal cemeteries can be deemed "abandoned," as can the family cemeteries of all peoples and the churchyards of congregations long dissolved. These are monuments intended to persist in perpetuity. That a court can decide to move the remains is a reality, but that doesn't make it right. Avoiding the rhetorical tools used by developers and the courts to rationalize their actions helps keep us from falling into the trap of false choice.
Jim
James G. Gibb
Gibb Archaeological Consulting
2554 Carrollton Road
Annapolis, Maryland USA ?? 21403
443.482.9593 (Land) 410.693.3847 (Cell)
www.gibbarchaeology.net ? www.porttobacco.blogspot.com
On 08/25/15, Davis, Daniel (KYTC)<[log in to unmask]> wrote:
Abandoned cemetery is legally correct. If the Transportation Cabinet or a city or a private individual is taking steps to relocate a historic cemetery for which no next-of-kin can be identified, the cemetery first must be declared abandoned by a court of competent jurisdiction.
Daniel B. Davis
Administrative Branch Manager, Cultural Resources Section Kentucky Transportation Cabinet Division of Environmental Analysis
200 Mero Street
Frankfort, KY 40622
(502) 564-7250 or (502) 782-5013
KYTC Archaeology and KYTC Cultural Historic
-----Original Message-----
From: HISTORICAL ARCHAEOLOGY [mailto:[log in to unmask]] On Behalf Of Jim
Sent: Monday, August 24, 2015 7:34 PM
To: [log in to unmask]
Subject: Re: neglected burying grounds
Nancy:
First, I prefer we dispense with the term "abandoned cemetery." As long as there are dead people there, they are doing their intended job. Abandoned is a word often used in justifying removal of a cemetery.
The problem we run into with cemetery restoration is in keeping them restored. That requires a plan and money, preferably in the form of an administered endowed fund that will generate at least 10 percent per year (not talking interest here, but investment, and not in a mutual fund) to cover the anticipated costs of summer mowing and occasional limbing and tree removal. Falling tree limbs are the principal hazzard to monuments in the Eastern US.
For a township or county, a network of non-profit organizations, each responsible for the administration of one or more cemeteries, coordinated by a central entity may be ideal. Local historical and genealogical societies would be best and their participation could even promote membership in their respective organizations.
I'd forgo geophysics and focus on mapping extant stones and fossae/mounds, and work on monument repair and resetting.
Jim
James G. Gibb
Gibb Archaeological Consulting
2554 Carrollton Road
Annapolis, Maryland USA ?????? 21403
443.482.9593 (Land) 410.693.3847 (Cell)
www.gibbarchaeology.net ??? www.porttobacco.blogspot.com
On 08/24/15, Nancy Dickinson<[log in to unmask]> wrote:
I am involved with a committee that is beginning to look into maintaining local abandoned and/or neglected burying grounds and cemeteries in a town founded in 1640. Is there some protocol or a way to prioritize maintenance concerns?
So far, there is a professionally-prepared survey with metes and bounds, also noting headstone and present-day vegetation locations. Immediate concerns include fallen headstones, absence of fences as well as presence of trees and shrubs. Public/private partnerships are being looked into for funding and maintenance purposes.
All advice is welcome.
Thanks,
Nancy
Nancy Dickinson
Conservation Commission member
Town of Greenwich, Connecticut
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