Anderson Devil Anse Hatfields grave is just one of hundreds in WV overshadowed by MTR mining operations (center background).

Victory! Passing Stronger Cemetery Legislation

After at least three years of trying to more effectively protect cemeteries, we finally did it! This year, at OVECs urging, citizens and members of the faith community joined forces in lobbying for the passage of HB 4457, which improves cemetery protection throughout West Virginia.

Our efforts to protect cemeteries were sparked by an increasing number of reports of cemetery desecration and blocked access to family cemeteries.

Many of the access and desecration complaints are related to mountaintop removal operations, but there are statewide problems with protecting cemeteries from natural gas operations and other land-altering activities.

Please donate to the WV Council of Churches Montcoal Mining Disaster Fund to help the families of the 29 coal miners who died in the May 5 explosion at a Massey Energy mine. Donate online: www.wvcc.org, or mail a check to: WVCC, 2207 Washington St. E., Charleston WV, 25311-2218.

During our first three years of work, four separate bills were introduced; none resulted in new legislation, but all increased elected officials awareness of the need to protect cemeteries.

We built allies within faith community groups and other organizations, such as genealogical societies and the WV Perpetual Care Cemetery Board. Prominent representatives from Catholic, Episcopalian, Methodist, Unitarian and Presbyterian faith groups lent support. For the past two years, the WV Council of Churches has endorsed the need for improved cemetery protection legislation in its legislative policy guide.

During the 2009 WV legislative interims, a study resolution on cemetery protection engaged most of our attention. Joint Judiciary Sub-Committee A, co-chaired by Del. Bonnie Brown (D-Kanawha) and Sen. Herb Snyder (D-Jefferson), dealt with these issues in depth. Concerned citizens and faith community representatives attended several of these meetings and were often asked to speak about the need for improved cemetery legislation.

The result of this interim work was HB4457, drafted and introduced early in the 2010 WV legislative session and successfully passed into law in March 2010. It will take effect on July 1, 2010.

We were able to pass this bill because of the collaboration between faith community representatives, ordinary folks concerned for all family cemeteries in the state, and legislators who became engaged in the issue after hearing our passionate appeals during the 2009 interim sessions. We owe special thanks to the WV Council of Churches and Catholic Conference for their intense efforts in gaining passage of the legislation.　

The following summarizes the improvements to WV Cemetery Protection Laws in HB4457:

• There will be a period (10 days) during which a landholder must respond after receiving requests from citizens who want access to a cemetery. If the landholder cant grant the citizens request for access within that time, the landholder is required to contact the citizen to suggest alternative dates for access to the cemetery within five days from the original request.

• Specific notification procedures for use by law enforcement and elected officials are mandated, whereby anyone who has proof and knowledge of the existence of a cemetery on a property can notify the official; that official is then responsible for notifying the current landholder of the existence of that cemetery.

• There will now be a stop work order if human remains or tombstones are found while any landholder　is altering the land. A person who finds the remains is required to notify appropriate officials within 48 hours, so that appropriate (according to what is already in the WV Code)　care of the grave(s) can be taken.

• Injunctive relief: Citizens can ask for immediate injunctive relief without having to pay for a bond in cases where the access and desecration laws have been violated and/or when there is an immediate threat to the cemetery. (We hope to develop a "pro se" form so citizens can file their own claims without help from a lawyer.)

• Broadened definitions of "desecration": the new definition of desecration includes desecration of cemeteries in general, including knocking over, defacing or removing grave markers.

• A provision related to access routes that was already in the code was maintained: If a traditional access route to a cemetery is destroyed or blocked, the landholder shall designate a reasonable alternative access route.

This quote from Dustin White, a member of the Cook family, reflects the opinions of many citizens who have concerns about family cemeteries:

"Id like to speak on behalf of the Cook family and our ancestors; I would like to say a great "thank you" to all those who have shown their support, especially to (OVEC staff) Robin and Carol and everyone on the CPG (Cemetery Protection Group) and the strong faith community and everyone else. Without your help, we my family and myself would still be fighting a losing battle. While this bill may not cover all we wanted in the beginning, its a good start. Sometimes we have to crawl before we can walk and we have much more work to do. Our job isnt over yet and Im in it for the long haul. Weve won a small victory, but the fight still rages on. May this bill be the first of many steps to protecting our loved ones passed and allow them to rest in peace."

Further action regarding cemetery preservation will largely be determined by how well the current laws and improvements within HB4457 are enforced over the coming year. One need we have identified is for broad-sweeping public education about cemetery registration and the laws pertaining to cemetery access and preservation. To this end, OVEC staff is working on a brochure and handouts that can be used in public education settings.

We also need individuals who have problems with access issues to "test" the provisions of this law and report back on how well those provisions are enforced and followed by elected officials, law enforcement and landholders. Anyone who notices desecration of a cemetery should report it and follow up on those reports to see whether action is taken.

We also need to push for increased mapping and registration of cemeteries with the State Historic Preservation Office. There is much more work to be done; we need the active involvement of everyone in our network who values the cultural heritage found in our West Virginia family cemeteries.