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Limestone County Commission suspends $50 grave-excavation charge pending attorney general opinion
Summary
The Limestone County Commission voted unanimously to suspend a recently adopted $50 charge for grave excavation until the Alabama attorney general clarifies whether state law or a constitutional amendment controls the fee and related authority. Commissioners also authorized seeking an AG opinion and discussed indemnity waivers for county crews.
The Limestone County Commission voted unanimously to suspend a $50 fee for grave excavations until the Alabama attorney general issues an opinion resolving apparent conflicts between a statute and a constitutional amendment, Commission members said during the April meeting.
The suspension, approved after discussion under "other business," also authorized the commission to request an attorney general opinion about which law controls the county's authority to charge and about related questions involving waivers and the source of funds for the work.
The item drew sustained discussion about county liability, who must sign indemnity agreements and whether the county is required to dig graves at all. "I would hate for us to get into where we charged nine people ... and then the AGs come back and say that, hey, we can't do this," a commissioner said, urging caution because the county had not yet collected any fees.
Drew, a staff member who read the drafted motion, told commissioners they could suspend only part of the policy (the $50 charge) while continuing other parts or set a temporary hold on collections for a defined period. "One option ... is you could suspend the collection of the $50," he said.
Several commissioners said they supported keeping indemnity waivers that require a third party to assume liability if county crews perform work. "I'd be willing to be in favor of suspending the $50. I would vote against not going forward with the waivers," one commissioner said.
Officials also discussed practical steps to reduce repeated paperwork: a caretaker-signed agreement for a cemetery would be valid for three years, Drew noted, and a farmer who signs a waiver when county crews first bury an animal would not need to sign again for that period.
County staff clarified several limits in current practice: the county is not required by law to dig graves for residents, and county crews will not perform cemetery grave openings without a signed indemnity agreement. "We are not required by law or statute to do so," a staff-member said when asked whether the county must dig graves.
After the motion was read aloud by Drew, Commissioner Turner moved to suspend the $50 charge until the attorney general responds; Commissioner Samet seconded. The motion carried unanimously.
The commission also directed staff to prepare and send a letter requesting an attorney general opinion that addresses the conflict between the constitutional amendment and the statute, the status of indemnity agreements, and what funding sources are available for the county's work, the motion said.
The commission did not set an immediate change to who may perform grave openings beyond the existing policy that county crews require signed waivers.
The commission's action does not change the commission's adopted resolutions or policies beyond the temporary suspension of the $50 charge; it instead defers final policy direction until the attorney general's response.
Timeline and next steps: the commission asked staff to draft the AG request and said the suspension would remain in effect until the county receives the requested opinion. The commission called for the matter to return for consideration once the opinion is received.
Votes at a glance: Motion to suspend the $50 fee and request an attorney general opinion — mover: Commissioner Turner; second: Commissioner Samet; outcome: approved unanimously (4-0).
