Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Cedar Lane Headstone topic
No spam. Unsubscribe anytime.
Board seeks follow-up after sheriff seized headstone at Cedar Lane cemetery; places owner case on future agenda
Summary
The Burial Sites Preservation Board discussed a Cedar Lane property where a headstone was seized by the sheriff’s office after site disturbance and agreed to place a formal recommendation on a future agenda asking the owner to permit a site visit and the headstone’s return.
Caroline County’s Burial Sites Preservation Board discussed a prior incident at a Cedar Lane property where a headstone was removed and the sheriff’s office seized it as evidence. The board reported it sent a letter to the property owner about 30 days earlier asking that the county and Maryland Historical Trust be allowed to assess and stabilize the site.
The board cannot take a final vote on measures affecting an individual property outside a public notice process, board attorney Jesse Pemmick told members. “At this point, we ... can’t take a vote to actually do anything with regard to [the owner] because he has due process,” Pemmick said, noting the owner must be given notice and the right to be present at any formal deliberation about his property.
Members described the factual situation: county staff and the sheriff’s office found a damaged site, removed a headstone to preserve it and seized it as evidence after obtaining a warrant; prosecutors did not file criminal charges because investigators concluded they lacked proof of intent. The board agreed the headstone should not remain in evidence indefinitely and discussed ways to restore the site without threatening property owners’ legal rights.
The board agreed to place a formal recommendation on the September 15 agenda asking the property owner to permit a site visit by the sheriff or county staff so the headstone can be returned and the burial site stabilized. Board members also discussed continuing efforts to notify Maryland Historical Trust (MHT) where required by state law: meeting participants referenced the Real Property Article requirement that property owners notify MHT when they discover burial sites older than 50 years.
Jeff Poor, chairman, and other board members said the object of next steps is restorative, not punitive. One member said the board’s letter sought to open communication and to remind the owner of the MHT notification duty; another member said the board’s intent is to place the matter on a future meeting’s public agenda so recommendations can be debated with the owner present.
The board asked staff to include the Cedar Lane matter on the next meeting agenda, to refine the recommended language and to explore options for returning the headstone while respecting any ongoing law-enforcement or prosecutorial needs. Members also requested that county planning records and the county cemetery registry be checked and updated once MHT or staff confirm site status.
No formal enforcement action was taken by the board at the meeting; members acknowledged limits to their legal authority and said formal recommendations to a property owner must be handled in a future publicly noticed session with the owner’s right to be present.
