Subject: Abandoned Cemeteries in South Carolina
Resent-Date: Fri, 26 Jun 1998 10:57:50 -0700 (PDT)
Resent-From: SCROOTS-L@rootsweb.com
Date: Fri, 26 Jun 1998 13:58:34 -0400
From: "Steven J. Coker" 
Organization: http://members.tripod.com/~SCROOTS
To: SCROOTS-L@rootsweb.com

South Carolina Code of Laws 1997
Title 27 - Property and Conveyances

CHAPTER 43.
REMOVAL OF ABANDONED CEMETERIES

SECTION 27-43-10. Notice of proposed removal; due care required.

A person who owns land on which is situated an abandoned cemetery or burying
ground may remove graves in the cemetery or ground to a suitable plot in another
cemetery or suitable location if:

(1) It is necessary and expedient in the opinion of the governing body of the
county or municipality in which the cemetery or burying ground is situated to
remove the graves. The governing body shall consider objections to removal
pursuant to the notice under item (2) or otherwise before it approves removal.

(2) Thirty days' notice of removal is given to the relatives of the deceased
persons buried in the graves, if they are known. If no relatives are known,
thirty days' notice must be published in a newspaper of general circulation in
the county where the property lies. If no newspaper is published in the county,
notice must be posted in three prominent places in the county, one of which must
be the courthouse door.

(3) Due care is taken to protect tombstones and replace them properly, so as to
leave the graves in as good condition as before removal.

SECTION 27-43-20. Removal to plot agreeable to governing body and relatives;
board may determine suitable plot in case of disagreement.

The plot to which the graves are removed shall be one which is mutually
agreeable between the governing body of the county or municipality and the
relatives of the deceased persons. If a suitable plot cannot be agreed upon
between the parties concerned the matter shall be finally determined by a board
of three members which shall be convened within fifteen days after final
disagreement on the new location of the plot. The board shall be appointed as
follows: One member shall be appointed by the county or municipality, one member
shall be appointed by the relatives, and a third member shall be selected by the
two. The decision of the board shall be final.

SECTION 27-43-30. Supervision of removal work; expenses.

All work connected with the removal of the graves shall be done under the
supervision of the governing body of the county, who shall employ a funeral
director licensed by this State. All expenses incurred in the operation shall be
borne by the person seeking removal of the graves.

SECTION 27-43-40. Evidence of abandonment.

The conveyance of the land upon which the cemetery or burying ground is situated
without reservation of the cemetery or burying ground shall be evidence of
abandonment for the purposes of this chapter.

Source: http://www.lpitr.state.sc.us/code/t27c043.htm

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