Ohio Supreme Court's Legal Guide to Cemeteries: Halloween Edition
Many Ohio laws govern the sacred spaces of cemeteries and burial grounds.
Many Ohio laws govern the sacred spaces of cemeteries and burial grounds.
On Halloween, the Supreme Court of Ohio invites residents to explore the legal dimensions of cemeteries and burial grounds. This Halloween, we delve into the laws that govern these sacred spaces and ensure they remain respected sanctuaries for our dearly departed.
Understanding Cemeteries: A Legal Perspective
In Ohio, a cemetery extends beyond the traditional graveyard. It can include mausoleums, columbaria, and even scattering grounds for cremated remains. Whether public or private, these hallowed grounds are considered cemeteries if they serve as the final resting place for six or more individuals. Ownership confers property rights, ensuring families maintain ties to their heritage, as burial lots often pass to heirs by law rather than through wills.
Chapter 517 – Cemeteries (Townships)
Chapter 759 – Cemeteries (Municipal Corporations)
Chapter 961 – Pet Cemeteries
Chapter 1721 Cemetery Associations
Chapter 4767 Cemetery Registration and Dispute Resolution
Regulating Resting Places
The use of land for cemeteries is subject to state and local regulations, including zoning laws that designate specific areas for burial purposes. Private landowners or religious societies can establish cemeteries, though they must adhere to any governmental zoning requirements. Notably, lands used exclusively for burial are exempt from taxation, provided they are not held for profit.
Guarding Against Graveyard Vandalism
Halloween revelers are reminded that Ohio law strictly prohibits vandalism in cemeteries. Defacing tombstones or damaging any cemetery property is a felony offense, with penalties escalating based on the extent of harm caused. The law serves as a stern reminder to uphold the sanctity of these sites, deterring any mischievous activities during the spooky season.
Ohio Cemetery Dispute Resolution Commission
The Ohio Cemetery Dispute Resolution Commission stands ready to mediate any conflicts arising from cemetery operations. This nine-member panel, appointed by the governor, employs mediation to address grievances, ensuring that all parties reach amicable resolutions.
Remember, when purchasing property, sellers are not obligated to disclose any paranormal activity. While Ohio does not require revelation of haunted histories, potential homeowners should proceed with caution.
For more information, laws regarding cemeteries can be found throughout the Ohio Revised Code: