This post came about due to an inquiry from a student regarding the discovery of an abandoned cemetery in her community. She was concerned about the cemetery and inquired as to what could be done to protect the cemetery and the deceased individuals. The following is information pertinent to that and similar inquiries I have received over the years.
American society dictates that once one has passed on they must be put to rest in a cemetery. Mortuary rituals vary by culture, but in general, Americans silent mourn death and discreetly bury the deceased in specified areas known as cemeteries. This tradition has one that has lasted several centuries and for the most part this practice has worked. But several cemeteries, particularly family plots and pioneer cemeteries, are forgotten or neglected and they fall into disrepair. Several questions come up when someone acquires property with a cemetery on it or when someone finds a cemetery and wishes to restore it out of respect for the dead. So what can be done if you stumble upon a cemetery that is not currently being taken care of?
State laws pertaining to cemeteries vary, but there is federal legislation that is cited in regards to these types of situations. Section 106 of the National Historic Preservation Act of 1966 is reported as having information pertaining to the protection of historic property and cultural resources (Illinois, 2008, see link at end of post), and historic cemeteries may fall within the jurisdiction of this legislation. As well, the Native American Graves Protection and Repatriation Act (NAGPRA) may also apply depending on the type of cemetery that is encountered. The name implies that the legislation only covers Native American burial grounds, but the legislation has been expanded to include most burials. One should practice extreme caution and consult all federal legislations regarding cemeteries before making decisions regarding the removal or relocation of any cemetery if that is something one is considering. One may also wish to consult these legislations in the case of wanting to preserve the cemetery.
The state of Illinois residents who are concerned about a burial ground or cemetery should consult a representative of the Illinois Historic Preservation Agency. This agency should be consulted in the event of a request to relocate a cemetery, as well as in order to register a cemetery for the purposes of granting it a historic designation and all applicable protections.
In the event that human remains are uncovered-be they in a cemetery context or not-the same advice applies according to all sources: CALL THE POLICE, who will call the Coroner. This procedure must be followed in the event that there is an illegal action that took place, and even if no illegal action has taken place, the Coroner has the authority to adequately and respectfully deal with the remains. If necessary, the Coroner will call in a licensed Forensic Anthropologist, but those decisions are at the discretion of the Coroner's Office, local law enforcement, and any applicable state or federal agency.
Throughout my academic career, people have approached me to identify bones that they have found. I usually don't mind doing this identification because often times the bones are animal bones. I do, however, get concerned when someone approaches me with a bone, followed by a question along the lines of, "Is this human?" Please, please, please, if you ever come across a bone and you think it may be human, IMMEDIATELY CALL THE POLICE! The police are trained to deal with these types of situations, even if the bone(s) in question is/are not human. It is much better to be cautious and let the police assess the situation first instead of having to negotiate what will become a very awkward situation in the event that that bone(s) is/are human. If the bone is not human, the police, after consulting the proper experts, will let you know and they may even have an answer for you as to what the bone is.
If you have any further questions regarding protecting cemeteries, please consult your local state preservation agency. Illinois residents can consult the following manual published by the state of Illinois: Illinois, 2008.
12 comments:
This is a very interesting blog about the standard practice of proper etiquette in situations that call for the up-most respect. I never knew what to do with an old farmhouse grave site growing up other than leave it alone. Of course i was between the ages of 5 and 10 and grave sites gave me nightmares. As i matured, I learned respect for my elders both living and dead.
This is a great resource, and before reading the entire blog in its entirety, I was thinking of the possibility of someone just walking across an abandoned cemetery and wanting to establish it again; I didn't really think of the chances of purchasing a piece of property that was built above a burial ground. I am employed by the Sheriff's office and yes, I agree: immediately call the authorities to save yourself the headache and legal aspects that can arise amounting from you finding bones that may be (although quite rare) human remains. Also, Native American grounds may need to be blessed based upon rituals that span back to hundreds of years, providing the purchaser of the land personal and mental relief, as well as spiritual. Personally, I know I would be morally and spiritually weary of living my life above a burial ground and would need to (for moral and emotional support) have my land cleansed, although not rid of the remains.
How odd that people ask you about identifying human bones, I would be terrified to see what looks like human bones. Though I haven't come across any abandoned cemeteries here, there are some in Virginia City I have seen that are completely ruined and are falling apart. It would be nice to see someone restore it and bring it back to life, no pun intended.
It's crazy to know how you guys have to be so close and personal with human bones. Understanding the importance of a grave site and how much respect it holds definitely gave me a different perspective.
I was waiting to read the: "CALL THE POLICE" part...
While I would be so excited to find bones, I would have no clue as to what to do with them, except call the police, but after reading these blog posts, and listening, I feel I would be interested, and want to contact not only the police, but an expert as well.
Calling the police is always the best option when it comes to finding a bone. Also I actually have a friend that has an old cemetery on her parents property.
Jovie Black
I wouldn't guess calling the police would be the first option. Finding a bone might be a little frightful, because you never know whose bone it is. & Where it came from. It would hurt my heart if i found a babies bone or something of that nature.
Anthropologist are bone geniuses
I do not even know what would first come to my mind if i discovered that the bones behind my house were human.. Scary thought to me!
How does the government or police go about deciding on where to move the deceased in a certain cemetery that is being moved to a new location?
--Kimberly Wilbers
There are actually laws that dictate how, when, and in under which circumstances these moves can be done. Sometimes they are necessary and unavoidable, and other times they are not so but they are moved anyways. It all depends on who is making those decisions and what the laws allows (or does not allow).
Finding a bone might be a little scary, because you never know whose bone it is. Then again I would be interested in learning about it, but I'm pretty sure if I called the police or someone they wouldn't really tell me all of the information I would really like to know. I don't know about anyone else but I love reading things about strange things people have found and reading about their reactions to it. -Alexis Buford
I feel like just stumbling upon a bone is pretty slim to none but if i did i would have no idea what to do with myself. I would just like to know after it is found and taken into higher hands would i get my credit for it in the end.
This aspect is scary when thinking about your home and what lies beneath my home . However I think that it should be a rule to examine your grounds when moving into your home that should be a focus but who thinks about the ground right. This article scared me enough to make me want to check in the future but also learn where unknown burial sites are around the world. However I don’t know if I would want to take credit for the artifact.
-Jazlyn Logan
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