landlocked public cemetery

[jendoctor1]

What is the name of your state?What is the name of your state? Michigan

Hello everyone. I need some good advice here!

I am a cemetery preservation with a huge dilemma. Currently we are attempting to get access to a cemetery in Monroe County that is has been on record since 1864 as a public burial ground.

However, the township claims that this is privately owned and they will not do anything to maintain it. How can they just say that when it is long established as a public burial ground? Why isn't anyone willing to work on this?

The problem lies here...the group I am attempting to help, who has trusteeship over this cemetery, has $1.5 million dollars in liability insurance they are paying on this 1.065 acre cemetery. The surrounding property owners have denied them access to get to this cemetery by buying all property around it! Also, there is an easement that goes nowhere near the cemetery...it's in a bordering township on an man's property. Why, if he lives in a different township, should he have any say about this? The cemetery is not even in his township or close to his home.

Any idea as to what can be done to get into this cemetery, short of jumping from an airplane...lol?

Jenny

[HomeGuru]

Originally Posted by jendoctor1

What is the name of your state?What is the name of your state? Michigan

Hello everyone. I need some good advice here!

I am a cemetery preservation with a huge dilemma. Currently we are attempting to get access to a cemetery in Monroe County that is has been on record since 1864 as a public burial ground.

However, the township claims that this is privately owned and they will not do anything to maintain it. How can they just say that when it is long established as a public burial ground? Why isn't anyone willing to work on this?

**A: so who is the private owner of record?

***********

The problem lies here...the group I am attempting to help, who has trusteeship over this cemetery, has $1.5 million dollars in liability insurance they are paying on this 1.065 acre cemetery. The surrounding property owners have denied them access to get to this cemetery by buying all property around it! Also, there is an easement that goes nowhere near the cemetery...it's in a bordering township on an man's property. Why, if he lives in a different township, should he have any say about this? The cemetery is not even in his township or close to his home.

Any idea as to what can be done to get into this cemetery, short of jumping from an airplane...lol?

Jenny

**A: you need a good attorney that specializes in land use rights.
There are many cases that establish rights of ingress/egress over private property for hunting, gathering. cultural and religious rights.

[dsouf]

Yup, and not only that just because a cemetary is public doesnt mean its not privatly owned :|, you can be for sure by going to the records clerk and getting the public records for the last since it was opened. That will solve your problem in short. Remember your in the US anything about that property is public because it has a title and its stored in public records and under the public information act you can buy copies of all that crap. Most of our parks in Michigan are privatly owned public parks. We just dont know that and were not supposed to know that :|. Now heres another hint, if the city doesnt want it, the owners obviously dont want it. Under MCL 567.223 it may be considered Unclaimed property held in ordinary course of business; presumption. You need to contact your lawyer about this opinion because I may be wrong but according to MCL 567.224 its property of the state not the county. Same for MCL 567.238 (1) A person holding property presumed abandoned and subject to the state's custody as unclaimed property under this act shall report to the administrator concerning the property as provided in this section.

So it may be a problem that needs to be handled through DNR try calling your local DNR office and asking them about the property, tell them its abandoned and if its property of the state.

But the person who answered before me is totally right, most of it after that needs to be handled through a lawyer.

Not a lawyer at all, just dealt with law so much I need to take the bar exame. Everything I say is of personal experiance and or interpitation of my own research, I could be wrong and sometimes I am, however, most of the time its hard to mis-interpet plain english. But all in all its just an opinion

[HomeGuru]

Originally Posted by dsouf

Yup, and not only that just because a cemetary is public doesnt mean its not privatly owned :|, you can be for sure by going to the records clerk and getting the public records for the last since it was opened. That will solve your problem in short. Remember your in the US anything about that property is public because it has a title and its stored in public records and under the public information act you can buy copies of all that crap. Most of our parks in Michigan are privatly owned public parks. We just dont know that and were not supposed to know that :|. Now heres another hint, if the city doesnt want it, the owners obviously dont want it. Under MCL 567.223 it may be considered Unclaimed property held in ordinary course of business; presumption. You need to contact your lawyer about this opinion because I may be wrong but according to MCL 567.224 its property of the state not the county. Same for MCL 567.238 (1) A person holding property presumed abandoned and subject to the state's custody as unclaimed property under this act shall report to the administrator concerning the property as provided in this section.

So it may be a problem that needs to be handled through DNR try calling your local DNR office and asking them about the property, tell them its abandoned and if its property of the state.

But the person who answered before me is totally right, most of it after that needs to be handled through a lawyer.

Not a lawyer at all, just dealt with law so much I need to take the bar exame. Everything I say is of personal experiance and or interpitation of my own research, I could be wrong and sometimes I am, however, most of the time its hard to mis-interpet plain english. But all in all its just an opinion

**A: but can you spell in plain english?