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SCOTUS will dig into debate over alleged cemetery on Pa. farm [property rights]
Philly.com ^
| 5/24/2018
| Jason Nark
Posted on 05/25/2018 7:44:47 AM PDT by dirtboy
click here to read article
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1
posted on
05/25/2018 7:44:48 AM PDT
by
dirtboy
To: dirtboy
This might be private property, but access to existing cemeteries seems to be in the public interest. What are the landowners gonna do, deny families access to their buried ancestors?!
2
posted on
05/25/2018 7:48:11 AM PDT
by
Reno89519
(No Amnesty! No Catch-and-Release! Just Say No to All Illegal Aliens! Arrest & Deport!)
To: dirtboy
Landlocked parcels have an "unwritten right" to access a highway.
There must have been a path at one time. Find the right old map, and you'll find the path.
These usually aren't too hard to solve.
To: Reno89519
Compensation for a public good should be in order.
4
posted on
05/25/2018 7:50:29 AM PDT
by
ConservativeMind
(Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
To: Reno89519
If their ancestors wanted to maintain access, they needed to have an easement on the deed.
5
posted on
05/25/2018 7:51:37 AM PDT
by
MortMan
(The white board is a remarkable invention.)
To: dirtboy
Defining a private cemetery is tricky. It's private if someone is still taking care of it. Otherwise, it becomes the responsibility of the Town in which it lies.
Just finished with one of these problems.
To: dirtboy
For all the money she’s spent on lawyers, she could have had someone come out with a machine that sees underground to determine if those are graves. IMO, those large flat stones look like tombstones. If they are, she hasn’t a leg to stand on. Evil woman.
7
posted on
05/25/2018 7:55:47 AM PDT
by
bgill
(CDC site, "We don't know how people are infected with Ebola.")
To: dirtboy
Laws intended to protect cemeteries and provide access to the public (mostly descendants and families) have the effect of destroying these cemeteries and they are lost forever. Developers understand that if their construction crews come across an unknown cemetery, they know that they must bring out the bulldozer or the Bobcat and make it disappear in the dark of night. Bury the tombstones and scrape away any signs of its original purpose. Farmers with bushhogs and a front loader have done the same for years.
Yet, if we build a reservoir, we arrange to move the cemeteries to a piece of higher ground with public access and everybody is happy as long as you disinter the bodies and not just move the tombstones. Putting the burden on land owners is a recipe for disaster.
8
posted on
05/25/2018 7:56:00 AM PDT
by
centurion316
(Back from exile from 4/2016 until 4/2018.)
To: Sacajaweau
Actually, find the old USGS 1:25000 topographical map and the cemetary will be marked
9
posted on
05/25/2018 7:56:30 AM PDT
by
bert
((K.E. N.P. N.C. +12 ..... Greetings Jacques. The revolution is coming))
To: MortMan
Not so....There are all different kinds of access easements.
To: dirtboy
Vail said health reasons would prevent him from making the 262-mile trip to Washington in the fall for arguments. Hes baffled things have gone this far.
Its absolutely ridiculous, he said Wednesday by phone. The courts time she has wasted and the money she was wasted. All I want to do is walk into the cemetery, clean it up a a little and plant a flag.
Vail is the one who went to the local government without even approaching the landowner and getting an ordinance passed. A little late to say "Who, me?"
11
posted on
05/25/2018 8:00:15 AM PDT
by
Dr. Sivana
(There is no salvation in politics.)
To: Reno89519
> This might be private property, but access to existing cemeteries seems to be in the public interest. <
Very true. But on the other hand, what landowner would want strangers on their property? A reasonable compromise might be an ordinance allowing families access to such a cemetery on Sundays only, from say 1 PM to 5 PM.
12
posted on
05/25/2018 8:00:41 AM PDT
by
Leaning Right
(I have already previewed or do not wish to preview this composition.)
To: bgill
We did GPR (ground penetrating radar) on our site. We also found the law that made it the responsibility of the Town.
To: bert
The alleged graves are over 200 years old.
14
posted on
05/25/2018 8:01:55 AM PDT
by
dirtboy
To: bert
I’m afraid not all of them are on there. I furnished our county with several locations not on the maps.
To: dirtboy
Not terribly unusual. It was a time period when they were trying to figure out what to do with these little abandoned cemeteries. Our state came up with solutions in 1826 and 1828.
To: dirtboy
Evidently the person who wants access never even spoke to the owner and went straight to a lawsuit. Sounds fishy to me.
17
posted on
05/25/2018 8:05:43 AM PDT
by
Governor Dinwiddie
(MAGA in the mornin', MAGA in the evenin', MAGA at suppertime . . .)
To: Reno89519
This might be private property, but access to existing cemeteries seems to be in the public interest. What are the landowners gonna do, deny families access to their buried ancestors? Yup. The landowners can and should be able to deny access to trespassers. If the town wants the land, they can pay for it via eminent domain, but the filthy politicians probably don't want to give up the power to make the landowner pay property taxes on the extra acreage.
18
posted on
05/25/2018 8:05:48 AM PDT
by
Sirius Lee
(In God We Trust, In Trump We MAGA)
To: bgill
Knick said she spent many thousands of dollars on the case before Pacific Legal Foundation, a firm described on its website as challenging burdensome laws in courts and legislatures across the country, took the case pro bono.
19
posted on
05/25/2018 8:05:58 AM PDT
by
CaptainK
("no collusion, no obstruction, he's a leaker")
To: centurion316
The 1960s Denver water supply dam at Dillon, Colorado featured moving of a fairly large cemetery. The diggers worked out of trailers at the site and food was brought out to them from area restaurants prior to closing the dam.
20
posted on
05/25/2018 8:06:28 AM PDT
by
Eric in the Ozarks
(Baseball players, gangsters and musicians are remembered. But journalists are forgotten.)
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