Can we get dirt fill at county expense in cemetery?
Full Question:
Our Church Cemetery has several Civil War Veterans buried in it and we have need for a lot of dirt fill in a portion in order to build it up to level so it can be used to bury more people. We have been told that the county supervisor can do this at county expense.
08/19/2007 |
Category: Real Property |
State: Mississippi |
#8051
Answer:
The following is a MS statute:
§ 19-7-39. Maintenance and repair of public or private nonprofit cemeteries in certain counties.
The board of supervisors of any county bordering on the Gulf of Mexico having two judicial districts and where U. S. Highways 90 and 49 intersect is authorized to maintain and repair any public or private nonprofit cemetery located within the county but located outside the corporate boundary of any municipality in the county. The expense of such maintenance may be paid from any available county funds.
The board of supervisors of any county is authorized to accept, in the name of the county, title by deed to any cemetery located within the county but located outside the corporate boundary of any municipality in the county which, due to age, abandonment of graves by private owners or for other good cause, is not being properly maintained or repaired and thereby have become detrimental to the public health and welfare. No acceptance of title by deed shall be valid unless a motion thereof shall be made at a regular or special meeting of the board, adopted by a majority of the board's membership, and entered upon the minutes. No county funds or other public funds shall be expended by the board for the purpose of purchasing such cemetery. The board shall have the power to maintain, repair, enlarge, fence or otherwise improve any cemetery, title to which has been accepted by the board.
Sources: Laws, 1975, ch. 395, eff from and after passage (approved March 24, 1975).