what type of lawyer do i need for cemetery law suit in ohio

What are the laws about headstones in Ohio?

Lawsuits against cemeteries are commonly based on negligence, misrepresentation, and breach of contract, although other distressful situations have been heard of. What you need to know Keep in mind you can sue a cemetery just like any other business.

Can you sue a cemetery for personal injury?

If a funeral home did not treat your dearly departed in an honest, respectful, or competent manner, contact the funeral lawyers at Morgan & Morgan. Our highly skilled attorneys can review the facts of your case to determine liability for your injury and help you collect financial compensation during this very difficult time.

What laws apply to cemeteries in the US?

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What is funeral home and cemetery negligence?

OHIO REVISED CODE – Selected Cemetery Law 155.04 Veteran’s Headstones (A) No trustee, association, corporation, or person in control of any cemetery or a public graveyard in this state shall make a rule or bylaw prohibiting the erection of headstones furnished or approved by the United States government

What is the title to a public cemetery?

The title to, right of possession, and control of all public cemeteries located outside any municipal corporation, which have been set apart and dedicated as public cemeteries, and any grounds which have been used as such by the public, but not expressly dedicated as a cemetery, except such as are owned or under the care of a religious or benevolent society, or an incorporated company or association, or under the control of the authorities of any municipal corporation, shall, severally be vested in the board of township trustees.

What is the title to and right of possession of public cemeteries and burial grounds?

The title to and right of possession of public cemeteries and burial grounds located within a municipal corporation and set apart and dedicated as public cemeteries or burial grounds, and grounds used as such by the public but not dedicated, except those owned or under the care of a religious or benevolent society, or an incorporated company or association, are hereby vested in the municipal corporation in which such cemetery or burial ground is located.

How often do township trustees remove weeds from cemeteries?

Where the board of county commissioners has enclosed with a substantial fence of stone, iron, or posts and boards, all abandoned public cemeteries in the county, from which the remains of the dead have not been removed, the board of township trustees shall keep the fence in good repair, remove the undergrowth and weeds from such cemetery at least once a year, and pay the expense thereof from township funds.

When twenty-five interested persons petition for it, shall the board of township trustees provide a public road to

When twenty-five interested persons petition for it, the board of township trustees shall provide a public road to any township cemetery over which it has control, in the same manner as provided by section 517.01 of the Revised Code for establishing cemeteries and obtaining the land therefore.

What is the purpose of the board of trustees?

The board of township trustees shall provide for the protection and preservation of cemeteries under its jurisdiction, and shall prohibit interments therein when new grounds have been procured for township cemeteries or burial grounds. Where such old cemeteries are in or near village plats, and the public health is liable to be injured by further interments therein, the board shall institute suits to recover possession thereof, remove trespassers therefrom, and may recover damages for injuries thereto or any part thereof, or to any fence or hedge enclosing them, or to any tomb or monument therein.

What happens when a cemetery is abandoned?

When a public or private cemetery has been abandoned, or when the board of township trustees or the trustees or directors of a cemetery association are of the opinion that the further use for burial purposes of a cemetery will be detrimental to the public welfare or health , and a cemetery in the near vicinity is open for public use, the board, trustees, or directors may order that the abandoned cemetery or the cemetery whose further use for burial purposes is believed to be detrimental to the public welfare or health be discontinued and provide for the removal of all remains buried in that cemetery , for the removal of all sto nes and monuments marking the graves of that cemetery, for the reinterment of the remains, and for the re-erection of those stones and monuments in suitable public ground in the near vicinity, all of which shall be paid for from the township treasury.

What is a cemetery in a township?

When a public cemetery in a township is not under the control of a municipal corporation, and the title or control thereof is vested in an association or the trustees thereof, or is vested in a religious society, whether incorporated or not, or in the trustees thereof, and such cemetery is used exclusively for cemetery purposes, such association, society, or the trustees thereof may convey such grounds to the board of township trustees and its successors in office. Subject to the rights of the original grantor, his heirs or assigns, the board shall accept and take possession of such grounds, and take care of, keep in repair, hold, treat, and manage them in all respects as required by sections 517.01 to 517.32, inclusive, of the Revised Code.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

What is criminal law?

Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

Can a guilty plea affect immigration status?

Some guilty pleas, even to misdemeanor charges, can have long-term consequences. A guilty plea can also affect immigration status or lead to deportation of a non-citizen. It is important to remember that, in most cases, when an individual cannot afford a criminal lawyer, the court will appoint one to represent them.

What is civil matter?

Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.

Do I need a lawyer for a prenup?

In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer. In some states, it is required, unless expressly waived, that an individual is represented before signing a prenuptial agreement. Many family law matters begin after a couple has been married.

What is personal injury?

In a personal injury suit, an individual is injured, mentally and/or physically, because of an accident, defective product, or an act or failure to act by another. A court may award a plaintiff in a personal injury suit monetary damages for their injury. Civil law cases can be complex.

Matthew Thomas Hovey

You will want a real estate attorney with experience in civil litigation. You will also want to provide the attorney with as much information as possible, including whether there are any unique characteristics about the 22 plots, as well as the deeds and contracts of sale.

Michael Kuldiner

You would need a real estate attorney. If you purchased 22 lots then you would have them deeded and they would be part of a public record. I hope you have more proof than the cemetery's verbal acknowledgment.

Christian K. Lassen II

A real estate lawyer should be retained. Im sorry, but our firm only handles cemetery abuse cases.#N#The answer does not create an attorney/client relationship and is for informational purposes only.

What are the regulations for cemeteries?

With respect to governmental regulation of the location of cemeteries, aesthetic, health and property value considerations are of importance. Put simply having a cemetery next door can radically reduce the value of property since many buyers do not want to live next to cemetery. Often, the right to prohibit or limit the location of cemeteries within a certain district or area rests on the proposition that a burial within such district would be injurious to the public health. Some additional reasons for exercising the police power regarding the regulation of cemetery locations are: 1 the public welfare in general. 2 whether the establishment of a cemetery might disarrange the location of streets and highways and adversely affect civic enterprise. 3 the prosperity of the community. 4 the adequacy of existing cemetery facilities within a county. 5 the character of the community in general. See Laurel Hill Cemetery v. San Francisco, 152 Cal. 464 (Cal. 1907); Alosi v. Jones, 234 Ala. 391 (Ala. 1937); Scovill v. McMahon, 62 Conn. 378 (Conn. 1892); Gordon v. Commissioners of Montgomery County, 164 Md. 210 (Md. 1933).

What is a cemetery?

Definitions: A cemetery is a place where dead bodies and cremated remains are buried. It is a locale set aside, either by governmental authority or private enterprise. A public cemetery is open for use by the community at large while a private cemetery is used only by a small segment of a community or by a family.

How does a state regulate the location of cemeteries?

A state may regulate the location of cemeteries through the exercise of its police power by statute directly regulating the location of cemeteries. In California, see Laurel Hill Cemetery v. San Francisco, 216 U.S. 358 (U.S. 1910).

Is a cemetery a graveyard?

It must be set apart, marked, and distinguished from adjoining ground as a graveyard. A cemetery is not only subject to the laws of ordinary property due to their inherently different nature. Most states have established rigorous laws that specifically apply to cemeteries.

What is a columbarium?

A columbarium is a building containing niches in which urns containing the ashes of the deceased after cremation are placed.

Can a cemetery be abandoned?

A property which has been dedicated or used for cemetery purposes may be abandoned so far as such purposes are concerned, apart from any rights of interested parties to have a cemetery continued as such. See Mayes v. Simons, 189 Ga. 845 (Ga. 1940). The question of abandonment can be inferred from the acts or recitals of the parties, interpreted in the light of all the surrounding circumstances. However, a cemetery is not abandoned as long as it is kept and preserved as a resting place for the dead with anything to indicate the existence of graves, or as long as it is known and recognized by the public as a graveyard. The fact that for some years no new interments have been made and that the graves have been neglected does not operate as an abandonment and authorize the desecration of the graves, where the bodies interred in a cemetery remain therein and the spot awakens sacred memories in living persons. See Dangerfield v. Williams, 26 App. D.C. 508 (D.C. Cir. 1906).

Can a grieving family buy land?

But it is vital to note that one is not “buying land” with inalienable rights when one obtains a lot or vault. The contract and the bylaws do delineate the rights and the ability of the cemetery to be altered, to close, or to move one’s loved one.

Negligence, Breach of Contract and Related Claims

• We have successfully defended (in jury trials, arbitrations and appeals) all kinds of claims brought against our numerous funeral home, cemetery, and crematory clients. Claims have included alleged mis-burial, wrongful cremation, delayed funeral, mis-identification, and improper removal, storage, embalming and disposition. To the extent our clients may have available insurance cov…

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Transfers of Funeral Homes and Cemeteries

Entity Formation and Business Operation

Regulatory Compliance