December 23, 2024
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Towns can acquire old, abandoned cemeteries

AUGUSTA – A bill signed into law last week eases the way for Maine towns willing to take ownership of old, abandoned cemeteries that have fallen into disrepair.

The bill, sponsored by Rep. Hannah Pingree, D-North Haven, was signed May 25 by Gov. John Baldacci and will take effect 90 days from when the legislative session ends, according to Pingree on Tuesday.

Sometime this fall, towns wanting to take ownership of abandoned cemeteries will be able to do so after following some rules, including attempting to notify the landowner.

The law “allows” towns to seek ownership, but does not require them to assume care for abandoned grave sites, Pingree said. Once a town assumes title, the property must be kept as a cemetery forever.

A requirement for assuming title to a cemetery is for no burials to have occurred on the land for a minimum of 40 years and for the cemetery not to have been maintained for at least 10 years.

Pingree pushed for the law after town leaders in Tremont contacted her about the lack of a legal process for gaining ownership of old cemeteries the town was maintaining. Tremont, on Mount Desert Island, is part of Pingree’s House district.

“I think this is excellent legislation that will help Maine’s small communities and cemetery committees care for their ancestors and history appropriately,” Pingree said.

Her legislative aide, Amy Watson, said research uncovered hundreds of deserted cemeteries in Maine – “behind people’s houses and in the middle of fields.”

Tremont Town Manager Millard Billings, who did not know Tuesday that the law had been signed by the governor, was pleased about the outcome.

Although the town has no immediate plans to seek ownership of cemeteries it maintains, he indicated the process should be easier, thanks to the new law. Tremont cares for four town-owned cemeteries and six association-owned graveyards, he said.

Maine law requires certain care for graves and specifically requires towns to care for veterans’ graves, according to the Maine Old Cemetery Association’s Web site.

“Whether we own them or not, we’re responsible for veterans’ graves,” said Warren Town Manager Grant Watmough on Tuesday.

Warren has 20 town-owned cemeteries and one private one, Watmough said, noting the cost of maintaining its graveyards is $30,000 a year. Those costs, however, are paid for through trust funds. The private Cushing Cemetery on North Pond Road is owned by an association that wants the town to take over ownership, he said.

The process for gaining title to abandoned grave sites requires a town to try to identify, then notify the property owner of the municipality’s intention to acquire the cemetery. If no owner is found, the town must publish notice in a local newspaper for at least three weeks of its intent to seek ownership.

If an owner objects to the taking and reasserts rights, the owner must conform to any municipal ordinance concerning the cemetery. If no owner objects within 14 days of the last published notice, the title reverts to the municipality for cemetery care.

On Tuesday, Pingree called the bill “a first step” in addressing the issues surrounding abandoned cemeteries. “It doesn’t clear up all old cemetery problems.” But it “creates a pretty strong incentive” for private property owners to care for old grave sites properly.


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