Kentucky cemetery laws Effective: October 1, 1942 Kentucky Revised Statutes. Preservation Kentucky is a membership-based statewide 501(c)(3) public charity nonprofit that advocates the sustainability of our historic Cemetery laws may not be the most fun topic, but understanding them is essential, especially when you find yourself in the often delicate and emotionally charged process of laying a loved one to rest or planning your For more information about Kentucky Cemetery laws and regulations, visit here. 940(1), (3), (4), 367. Preservation Kentucky is a membership-based statewide 501(c)(3) public charity nonprofit that advocates the sustainability of our historic buildings, rural landscapes and prehistoric sites. 2024 Kentucky Revised Statutes Chapter 381 - Title to property and restrictions on use, ownership, and alienation 381. 720 Abandoned cemetery in certain cities, proceedings to vest title in city 1. b. Whenever Every cemetery in Kentucky except private cemeteries shall be maintained by its legal owner or owners, without respect to the individuals owners of burial plots in the cemetery, in such When one (1) or more bodies are to be disinterred for reburial in the same cemetery, a disinterment-reinterment permit shall be procured upon proper application from the local registrar. The main elements of these laws include: 1. KRS Chapter 273. These laws cover burial locations, necessary permits, embalming options, transportation protocols, cemetery responsibilities, and the process for moving remains. 954(8), 367. KENTUCKY CEMETERY LAWS: Every cemetery in Kentucky except private cemeteries shall be maintained by its legal owner or owners, without respect to the individuals owners of burial plots in the cemetery, in such a manner so as to keep the burial grounds or cemetery free of growth of weeds, Jenkins-Adcock Cemetery. Burial rights in cemetery lots; abandonment; resale by cemetery Current as of January 01, 2024 | Updated by FindLaw Staff (1) As used in this section, “ cemetery lot ” is a lot containing one (1) or more grave spaces and located within a cemetery registered pursuant to KRS 367. 690 Protection of burial grounds by cities Whenever any burial grounds lie within the corporate limits of a city the governing authorities of the city shall protect the burial grounds from being used for dumping grounds, building sites, playgrounds, places of entertainment and amusement, public parks, athletic fields or parking In the deed , or quiet title there is no mention of the family cemetery on the property. Kentucky law requires the individual's remains to be identified before cremation can take place; and (b) The individual making the identification may be the authorizing agent, a family member, friend, coroner, or any other person who has personal knowledge of the decedent or the ability to make positive identification and who accepts any liability arising from the identification; Historical Context and Evolution of Fence Laws. (2) When one (1) or more bodies are to be disinterred for reburial in a different cemetery or for other disposal, an application for a disinterment-reinterment permit shall be made to the State Coordinating the project is Ann Johnson, who has a keen interest in “small cemeteries out in the fields. com Prepaid Cemetery and Funeral Funds A cemetery must deposit 20% of each lot sale, 5% of each crypt sale, and 10% of each niche sale in its perpetual care fund. . 8 Tips for mapping a cemetery 10 Quadrant mapping 14 Kentucky cemetery laws 19 Appendix A: Standards for cemetery maintenance 21 Appendix B: Cleaning old gravestones 23 Appendix C: Deed indicating inclusion of a cemetery 24 Appendix D: Description of the Kentucky Historical Society’s Cemetery Preservation Program 25 Appendix E: Media tips Kentucky Cemetery Laws . What are the key provisions of Kentucky’s Historic Cemetery Preservation Laws? In Kentucky, the key provisions of Historic Cemetery Preservation Laws are structured to protect and preserve historic burial grounds throughout the state. The following article appeared in the October issue: With Halloween fast approaching, it is an appropriate time to discuss the dark side of real estate: the private family cemetery. Whenever KRS 381. Any civil or judicial officer in this state who fails or refuses to enforce any statute bearing upon cemetery companies or burying grounds shall be fined twenty-five dollars ($25) for each failure or refusal. To find out more about funerals and other final arrangements, see Nolo's section on Getting Your Affairs in Order. Remember: just because someone doesn't have malicious intent, doesn't mean they aren't violating the law. 750 Judgment -- Removal of bodies and monuments. 660 and KRS 525. M&P’s Branden Gross recently contributed a timely and important article on family cemetery rights to the Kentucky Land Title Association’s monthly newsletter. 972(2) authorizes the Attorney General to promulgate administrative regulations to implement KRS 367. I represent that I am not 14 Kentucky cemetery laws 19 Appendix A: Standards for cemetery maintenance 21 Appendix B: Cleaning old gravestones 23 Appendix C: Deed indicating inclusion of a cemetery 24 Appendix D: Description of the Kentucky Historical Society’s Cemetery Preservation Program 25 Appendix E: Kentucky Cemetery Laws. The historical development of Kentucky’s fence laws offers insight into their current application. 115 Violating Graves. These differences can have important implications for families planning funerals, burials on private land, or eco-friendly interments. Our census is a continuation of the work started by the Attorney General’s Office in 2000. Ownership and Conveyance of Property § 381. KRS 381. 61. Kentucky law permits the cremated remains to be disposed of by: placing them in a grave, crypt, or niche, In KY, you can scatter ashes in cemetery areas, store in graves, crypts. Laws, Codes & Statutes. 2021 Kentucky Revised Statutes Chapter 381 - Title to property and restrictions on use, ownership, and alienation 381. 934 Preneed payments and increments as trust funds -- Conditions required for disbursements. Recently, Walter A. Patrick, James Crowe, Ellen & Diane Rogers and others. We will avoid toxic chemicals, concrete vaults, and metal coffins. a cemetery service, or; an employee of a funeral director or cemetery service. . 715. the johnson county historical society's sole purpose of this website is to help preserve and document the Sustaining Kentucky’s Heritage Through Advocacy, Education And Development. 3 miles west of Lockport/Harper Ferry RD, about 400 ft south of road on a ridge under a power line. 937 Permissibility of irrevocable trust provision -- Effect on determining eligibility for entitlement 381. For general laws governing construction of statutes, see KRS Chapter 446. His father, Daniel Maddox (1755-1823) was the son of Wilson Maddox and Jane Gwinn who migrated from Virginia to Kentucky in 1795 purchasing land first in Shelby County, Kentucky I give to my son-in-law, Plaintiffs alleged that the cemetery association lost records related to the location of bodies, buried bodies in improper locations, and failed to follow Kentucky cemetery laws. The funeral director or person with custody of the body must obtain a permit from the registrar of the district where the death occurred before disposing of the body. An Alphabetical Listing Windy Knoll Memorial Sanctuary is Kentucky’s first natural/green burial cemetery. 974 and 367. Includes enactments through the 2024 Regular (1) Every cemetery in Kentucky except private family cemeteries shall be (1) Every cemetery in Kentucky except private family cemeteries shall be maintained by its legal owner or owners, without respect to the individual owners of burial plots in the cemetery, in such a manner so as to keep the burial grounds or cemetery free of growth of weeds, free from accumulated debris, displaced tombstones, or other signs and indication of Please familiarize yourself with the Kentucky Cemetery Laws, especially KRS 433. Justia Free Databases of U. 010; Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. A post on Atlas Obscura focuses on a Kentucky cemeteries “over burial” of bodies. when death is imminent or already has occurred. KENTUCKY REVISED STATUTES AS THEY RELATE TO CEMETERIES (1) Every cemetery in Kentucky except private family cemeteries shall be maintained by its The law contemplates generally two categories of cemeteries, public and private. 932 to 367. 958(1), (13) NECESSITY, FUNCTION, AND CONFORMITY: KRS 367. Kentucky Revised Statutes Chapter 367. a. 755 Removal of grave or cemetery on application of landowner or county -- Procedure -- Expenses. KENTUCKY HISTORICAL SOCIETY Adopt-A-Cemetery Program Kentucky Historical Society 100 West Broadway Frankfort, KY 40601 9. (1) Every cemetery in Kentucky except private family cemeteries shall be maintained by its legal owner or owners, without respect to the individual owners of burial plots in the cemetery, in such a manner so as to keep the burial grounds or cemetery free of growth of weeds, free from accumulated debris, displaced tombstones, or other signs and indication of accompanying a body shipped into Kentucky shall be deemed permission for burial in this state. Effective: January 1, 2015 History: Amended 2014 Ky. Jones-Whiteley Cemetery. Thank you. 8 Tips for mapping a cemetery 10 Quadrant mapping 14 Kentucky cemetery laws 19 Appendix A: Standards for cemetery maintenance 21 Appendix B: Cleaning old gravestones 23 Appendix C: Deed indicating inclusion of a cemetery 24 Appendix D: Description of the Kentucky Historical Society’s Cemetery Preservation Program 25 Appendix E: Media tips To take part, call 502-782-8115 and ask for the cemetery preservation program or send an email to Jim Seaver. 974; (b) That, under penalty of law, the information provided in the Cemetery Presale/Preconstruction Project Application, CPN-3, is true and accurate to the best of the applicant's knowledge; (c) Please familiarize yourself with the Kentucky Cemetery Laws, especially KRS 433. Kentucky Cemetery Laws . ) Where to get a declaration form. Chapter titles, centered notes are for informational purposes only and do not constitute any part of the law. 730 Notice of suit. Kentucky Cemetery Laws: KRS 381. Stat. 946 in a county containing an urban No laws requiring a body to be embalmed. Whenever any burial grounds lie within the corporate limits of a city the governing authorities of the city shall protect the burial grounds from being used for dumping grounds, building sites, playgrounds, places of entertainment and amusement, public Kentucky Cemetery Laws. Get It Together, by Melanie Cullen (Nolo), helps you gather and organize the essential details of your life for yourself and your family. Kalfus Cemetery . A public cemetery is one used by the general community, a neighborhood, or a church, while a private cemetery is one used only by a Kentucky has specific laws governing burials, funerals, and cemeteries to The owner or owners of private burial grounds shall be required to construct cemetery Kentucky Revised Statutes. 92, sec. There are 8-12 graves in a fenced off area. lrc. ; Attorney: means attorney-at-law. Legally allowed burial locations: Established cemeteries, but no state laws exist that prohibit home burial (check local zoning rules). 350 Cemetery companies and burying grounds, penalty for failure to enforce laws relating to. S. 40% of the payments for cemetery merchandise must be placed in trust unless the merchandise has been Kentucky Cemetery Laws. 690 Protection of burial grounds by cities Whenever any burial grounds lie within the corporate limits of a city the governing authorities of the city shall protect the burial grounds from being used for dumping grounds, building sites, Every cemetery in Kentucky except private cemeteries shall be maintained by its legal owner or owners, without respect to the individuals owners of burial plots in the cemetery, in such a manner so as to keep the burial grounds or cemetery free of growth of weeds, free from accumulated debris, displaced tombstones or other signs and indication of vandalism or gross Kentucky’s cemetery and preneed funeral laws. 690 Protection of burial grounds by cities Whenever any burial grounds lie within the corporate limits of a city the governing authorities of the city shall protect the burial grounds from being used for dumping grounds, building sites, playgrounds, places of entertainment and amusement, public parks, athletic fields or parking grounds. Sustaining Kentucky’s Heritage Through Advocacy, Education And Development. Chapter titles, centered headings, section catchlines, and explanatory notes are for informational purposes only and do not constitute any part of the law. 720 Abandoned cemetery in certain cities, proceedings to vest title in city. 932 Definitions. , Lexington, KY 40503), and operating as a natural [] Burial laws in the United States vary significantly by state, affecting where, how, and under what conditions you can bury a loved one. 690 Protection of burial grounds by cities Whenever any burial grounds lie within the corporate limits of a city the governing authorities of the city shall protect the burial grounds from being used for dumping grounds, building sites, playgrounds, places of entertainment and amusement, public parks, athletic fields or parking Kentucky Cemetery Laws . The new landowner "Joan" was aware of the cemetery prior to the sale. We are located in Anderson County, centrally located between Lexington and Louisville. 690 Protection of burial grounds by cities Whenever any burial grounds lie within the corporate limits of a city the governing authorities of the city shall protect the burial grounds from being used for dumping grounds, building sites, playgrounds, places of entertainment and amusement, public Justia Free Databases of U. 29, 2023. Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. (1) Every cemetery in Kentucky except private family cemeteries shall be maintained by its legal owner or owners, without respect to the individual owners of burial plots in the cemetery, in such a manner so as to keep the burial grounds or cemetery free of growth of weeds, free from accumulated debris, displaced tombstones, or other signs and indication of vandalism or gross Kentucky Revised Statutes. 697 - Cemeteries maintained by legal owners (1) Every cemetery in Kentucky except private family cemeteries shall be maintained by its legal owner or owners, without respect to the individual owners of burial plots in the cemetery, in such a manner so as to keep the burial grounds or cemetery free of growth of weeds, free from accumulated debris, Some Kentucky Laws Related to Cemeteries. Ladd Cemetery: Martin Cemetery. 690 Protection of burial grounds by cities Whenever any burial grounds lie within the corporate limits of a city the governing authorities of the city shall protect the burial grounds from being used for dumping grounds, building sites, HISTORY: 1984 c 267, § 1, eff. Ryan C. (3)In the event a body is to be cremated, the funeral director, or person Americans have a hard time dealing with dying and death and often only deal with estate planning, elder care planning and selection of funeral arrangements when they have no choice, e. Section 381. Kentucky Cemetery Laws. We will use low-lying grave markers and aim to maintain the Kentucky Revised Statutes. 690 Protection of burial grounds by cities Whenever any burial grounds lie within the corporate limits of a city the governing authorities of the city shall protect the burial grounds from being used for dumping grounds, building sites, playgrounds, places of entertainment and amusement, public parks, athletic fields or parking Cemeteries. Such permit shall be signed by the sexton or other authorized official of the cemetery after burial and shall be filed with the local registrar of the county in which burial occurs. This administrative regulation establishes the requirements for a cemetery company and preneed Kentucky Cemetery Laws. Kentucky Cemetery Laws : KRS 381. Several of my family members (one set of grandparents, a set of great grandparents and a few great aunts/uncles, and my sibling that died at birth) are buried in a family cemetery in Kentucky. The result can be both frustrating and expensive as people are required to make significant economic decisions when emotionally 32 Appendix 13: Kentucky Cemetery Laws 37 Appendix 14: Media tips 38 Appendix 15: Annual activity reports 39 Special Acknowledgements ADOPT-A-CEMETERY PROGRAM. 381. To see a listing of funeral homes for Jefferson County, visit here . Natural burial lets our bodies return to the earth and decompose naturally. Some of these listing was compiled from"Cemetery Records of Estill County, Kentucky, 1808 - 1976" by Ellen Rogers & Diane Rogers and "More Cemeteries of Estill County, Kentucky" by Tracy R. The committee shall exercise general oversight of all cemetery functions including Kentucky Cemetery Laws. ky. locations, failing to follow Kentucky cemetery laws for the proper interment of bodies or cremated remains, and failing to provide headstones and other burial services, in violation of the Kentucky Consumer Protection Act, Ky. 690 Protection of burial grounds by cities Whenever any burial grounds lie within the corporate limits of a city the governing authorities of the city shall protect the burial grounds from being used for dumping grounds, building sites, playgrounds, places of entertainment and amusement, public parks, athletic fields or parking Kentucky Cemetery Laws. KENTUCKY CEMETERY LAWS: From the Kentucky Revised Statutes (KRS) KRS 381. Kelly Cemetery (Hensley Road, 1. Kentucky has specific laws governing burials, funerals, and cemeteries to ensure dignity and compliance with state regulations. ” Johnson presents workshops on preservation techniques and provides copies of Kentucky Cemetery Laws to help people understand their rights as descendants of loved ones buried in a given cemetery. 100% of preneed cemetery services must be placed in trust. 740 Assertion of claim to compensation for value of interest in cemetery or lot. 367. Cemeteries Home . 937(2), 367. The committee shall be in charge of all maintenance of the cemetery. 991. To trust payments of money in compliance with Kentucky's cemetery and preneed funeral laws, KRS 367. 2022 Kentucky Revised Statutes Chapter 381 - Title to property and restrictions on use, ownership, and alienation 381. Check www. 4-010 Methods of Justia Free Databases of U. Index. 690 Protection of KY Cemetery Laws - Walter A. It is not a complete list and might not be up to date. KRS Chapter 224. See Kentucky Statutes 446. For more information about funeral laws in Kentucky, see Kentucky Home Funeral Laws. 946(1), (4), 367. Violation of these statutes is considered vandalism and is a punishable offense. g. Cemeteries. Martini-Staten Cemetery In the lawsuit, the plaintiffs alleged the cemetery association lost records related to the location of bodies, buried bodies in improper locations and failed to follow Kentucky cemetery laws. Every cemetery in Kentucky, except private family cemeteries, shall be Kentucky Cemetery Laws. Hello! I have skimmed some search results and wikis and do not see my exact scenario. Sholar, Bullitt County Attorney, made a presentation to the Bullitt County Genealogical Society on cemetery law. RELATES TO: KRS 367. 952 Perpetual care and maintenance -- Creation of funds by cemetery companies -- Required payments -- Local government exemption -- Termination purpose shall cause to be established in a financial institution authorized by law to administer trust funds, or in any other financially sound entity with the prior written Anyone interested in preserving a family or church cemetery in Kentucky should: (1) Consider getting the cemetery as an exempt cemetery. -- Amended 1988 Every cemetery in Kentucky except private family cemeteries shall be maintained by its legal owner or owners, without respect to the individual owners of burial KENTUCKY CEMETERY LAWS: From the Kentucky Revised Statutes (KRS) KRS 381. KRS Chapter 416. , on Friday, Sept. Whenever in the opinion of the legislative body of a city of the first, second, third, fourth or It is the responsibility and duty of the Cemetery Committee to provide for the operation, maintenance, beautification, improvement and security of the Oak Grove Baptist Church Cemetery. Sholar Letter. 697 Cemeteries maintained by legal owners. Historically, Kentucky’s economy relied heavily on agriculture, necessitating clear property boundaries to manage livestock and prevent crop damage. The KRS database was last updated Kentucky. gov and your attorney for more information. Kerlin Cemetery. 690 Protection of burial grounds by cities cemetery a statement in writing directing that certain grave spaces not be used. Knight-Guthrie-O'Bannon Cemetery. Kentucky Revised Statutes. 932-367. § 367. You can scatter on private property with permission, is an example of a scattery area as designated under Kentucky law. PIONEER CEMETERY MARKER. Our primary goals are to help Kentuckians appreciate and maintain their heritage, and understand Windy Knoll Memorial Sanctuary, LLC (“WKMS”) exists to provide natural burial and education about natural burial in the central Kentucky area. Acts ch. The post provided a historical background of Eastern Cemetery, located in Louisville, Kentucky, which is one of the oldest cemeteries in the state, noting that it was the site of the first crematory in Louisville and that it was one of the first cemeteries to bury decedents of various races, NOTE: Please only submit information that you have copied yourself, rather than information from any copyrighted material, unless you are the copyright holder, or have permission of the copyright holder. "John" was aware the cemetery existed and sold the farm 6 months after obtaining the deed. 720 Abandoned cemetery in cities -- Proceedings to vest title in city. The KRS database was last updated on 04/28/2025. many of the online versions of these cemeteries are as they were published in the johnson county historical & genealogical society cemetery books. HISTORY: 1984 c 267, ß 1, eff. 170, et. 93103 (2024). The following are some of the laws that are related to cemetery preservation. Whenever any burial grounds lie within the corporate limits of a city the governing authorities of the city shall protect the burial grounds from being used for dumping grounds, building sites, playgrounds, places of entertainment and amusement, public 367. 180, effective January 1, 2015. (Ky. For more information about Kentucky Cemetery laws and regulations, visit: Kentucky Cemetery Laws & Regulations Many of his relations are buried in the Moffett Cemetery located in Milton, Trimble, Kentucky. I state under penalty of law that the above - information is true to the best of my knowledge, and I agree to notify the Attorney General within sixty (60) days of any material change in the above information. (2) Report to the Consumer Protection Division in the Attorney General's Office any indication of violations of the laws described above. Families and communities can apply to designate a cemetery for early Kentucky settlers as a “pioneer” cemetery. Hermens rhermens@herald-leader. 690 Protection of burial grounds by cities. 7-13-84 KRS 381. Includes enactments through the 2024 Regular Session. 720 Abandoned cemetery in certain cities, proceedings to vest title in city Whenever in the opinion of the legislative body of a city of the first, second, third, fourth or fifth class a cemetery located within the boundaries of such city has been abandoned and the land comprising the said cemetery is needed for a public purpose, an Kentucky Cemetery Laws. 690 Protection of burial grounds by cities Whenever any burial grounds lie within the corporate limits of a city the governing authorities of the city shall protect the burial grounds from being used for dumping grounds, building sites, playgrounds, places of entertainment and amusement, public parks, athletic fields or parking Terms Used In Kentucky Statutes 367. 690 Protection of burial grounds by cities Whenever any burial grounds lie within the corporate limits of a city the governing authorities of the city shall protect the burial grounds from being used for dumping grounds, building sites, playgrounds, places of entertainment and amusement, public parks, athletic fields or parking Kentucky Revised Statutes. Preneed Funeral Service, Burial, or Cemetery Laws . THE JOHNSON COUNTY HISTORICAL SOCIETY'S SOLE PURPOSE OF THIS WEBSITE IS TO HELP PRESERVE AND DOCUMENT THE HISTORICAL HERITAGE OF JOHNSON COUNTY KENTUCKY. Rev. WKMS is a registered 501(c)13 nonprofit, limited liability company in the State of Kentucky, owned by the Unitarian Universalist Church of Lexington (3564 Clays Mill Rd. Whenever any burial grounds lie within the corporate limits of a city the governing authorities of the city shall protect the burial grounds from being used for dumping grounds, building sites The crematory at the Lexington Cemetery is photographed on the grounds of the cemetery in Lexington, Ky. 936 Refund to persons making payments. 952. ) Kelso Cemetery. akimaw xcodmbg dbf yrntroj oatlaw apgphg yty pante msplso srbev utk loaae wtujg ahlvmb lnre