Subject: Flooding Cemeteries
Resent-Date: Fri, 26 Jun 1998 12:51:50 -0700 (PDT)
Resent-From: SCROOTS-L@rootsweb.com
Date: Fri, 26 Jun 1998 15:52:37 -0400
From: "Steven J. Coker"
Organization: http://members.tripod.com/~SCROOTS
To: SCROOTS-L@rootsweb.com
South Carolina Code of Laws 1997
Title 49 - Waters, Water Resources and Drainage
CHAPTER 9.
FLOODING OF CEMETERIES OR BURIAL GROUNDS BY POWER OR WATER COMPANIES
SECTION 49-9-10. Publication of notice before creation of artificial lake, pond
or reservoir on cemetery or burial ground.
Any water-power or reservoir company proposing to create an artificial lake,
pond or reservoir on land whereon is situated a cemetery or burying ground
shall, before the creation of such lake, pond or reservoir, cause to be
published once a week for four successive weeks in a newspaper published in the
county or counties in which such lake, pond or reservoir shall be created or, if
there be no such newspaper, in a newspaper having general circulation in such
county or counties a notice which shall set forth
(a) the names, if known, of all persons buried within the area to be covered by
water,
(b) the names, if known, of all family and other burying grounds within such
area and
(c) such other information as may be known to the company and which would serve
to designate the known graves or graveyards within such area.
Such notice shall further contain a provision calling upon the relatives of all
persons buried within such area to furnish to the company in writing within a
stated period of time, to be not less than thirty days from the date of last
publication, a statement of their wishes with respect to the disposition of the
remains of the persons so buried, signed by the person making the request and
giving his post-office address.
SECTION 49-9-20. Procedure authorized if no requests for disposition of bodies
received.
Unless the company shall receive written requests for the disposition of the
remains of deceased relatives within the time stated in such notice, the company
shall be at liberty to proceed with the creation of its proposed pond, lake or
reservoir and to remove, if it deems it advisable, the bodies buried within the
area together with any stones or markers to some suitable place nearby or to
allow the bodies to remain within the area to be covered by water and the
relatives of all persons buried within such area who fail to express in writing
their wishes for the disposition of such bodies shall be deemed to have
abandoned such graves.
SECTION 49-9-30. Petition to judge upon disagreement as to disposition of
bodies.
In the event that the company and the relatives of persons buried within the
pond area of such company shall be unable to agree upon a proper disposition of
the bodies, the company may present a petition to the resident or presiding
judge of the court of common pleas for the county in which the graves or
graveyard in question are located setting forth the facts and praying for an
appropriate order in the premises.
SECTION 49-9-40. Rule to show cause.
Upon the presentation of such petition the judge to whom it is presented shall
issue a rule to show cause returnable in not less than ten days requiring the
persons named in the rule to show cause why the bodies of the deceased persons
in question should not be removed to some suitable cemetery or burying ground or
such other disposition be made with reference thereto as to the judge before
whom the rule is returnable may seem just and proper.
SECTION 49-9-50. Service of rule to show cause.
The rule to show cause provided for in Section 49-9-40 shall be directed to the
interested persons who have furnished the company the written statement or
request prescribed in Section 49-9-10 and shall be personally served upon such
persons as are residents of the State. If the persons to be served are
nonresidents service may be made by registered mail, in which case a copy of the
rule and petition shall be mailed at least ten days prior to the return date of
such rule.
SECTION 49-9-60. Hearing; final order.
Upon the return of such rule the judge before whom it is returnable may decide
the issues arising thereon upon the petition and return or he may hear testimony
or refer the matter to the master in equity, the clerk of court of the county or
to a special referee and the matter shall thereon proceed to final determination
in the same manner as is provided by law for actions so referred. The final
order to be entered in the proceedings shall provide for a suitable and
reasonable disposition of the bodies, taking into account all relevant
circumstances, or it may provide that the bodies be allowed to remain under such
conditions as the court may prescribe.
SECTION 49-9-70. Removal of bodies; supervision; expense.
All removal of bodies under the provisions of this chapter shall be made under
the supervision of a duly licensed embalmer and shall be at the expense of the
company instituting the proceeding.
-=-=-=-=-=-
Source: http://www.lpitr.state.sc.us/code/t49c009.htm
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