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Madison County court authorizes removal and reinterment of graves at two abandoned cemeteries
Summary
The Madison County Fiscal Court voted Nov. 25 to declare the Hockaday and Crigler cemetery tracts abandoned and to authorize removal and reinterment under KRS 381.755 and 901 KAR 5090, after staff said several descendants had been contacted and a funeral director will oversee reinterment.
Judge Taylor and county staff moved to authorize permanent removal and reinterment of graves from two small, abandoned cemeteries after county staff outlined outreach and documentation efforts.
Preston Worley, representing county staff, told the court the legal path under state law: “the law in Kentucky is clear that an abandoned cemetery can either be moved by a local government if they get approval from the circuit court or by the landowner if they get this fiscal court to determine that the property has been abandoned.” He said county staff and a contracted funeral director had worked to identify descendants and notify the community.
The court read resolution 2025-113, which describes the Hockaday tract as containing 50 graves — “2 marked and 48 unmarked” — and cites KRS 381.755 and 901 KAR 5090 for the removal process. Preston said the county and the hired funeral director, Chase Thomas of Oldham Roberts Powell Funeral Home, had located and contacted several descendants and provided additional notice beyond the newspaper publication (including outreach through local funeral-home Facebook pages). He said three Hockaday descendants and three Crigler descendants indicated support for the plan and that a fourth descendant had recently signaled agreement.
Judge Taylor then moved to adopt resolution 2025-113 (Hockaday) and resolution 2025-114 (Crigler). The Crigler resolution describes 10 graves — “1 marked and 9 unmarked” — on property owned by Begley Properties LLC. Both resolutions state that 60 days had passed since the required newspaper notice and that the graves had been unattended for at least 10 years prior to the resolutions.
Court members approved both resolutions by roll-call vote. The resolutions authorize the county (at the expense of the property owner) to proceed with permanent removal and reinterment and direct staff to follow the state administrative procedures for permitting and reinterment. Preston said reinterment would be overseen by a licensed funeral director, would aim to include clergy and any descendants who wish to attend, and that the historical society has received documentation for future records.
What happens next: the county resolution provides the local authorization needed to seek a state permit (Department for Public Health/Vital Statistics) for disinterment and reinterment under KRS 381.755 and 901 KAR 5090. The resolutions state the relocations will be at the property owner's expense and that the court's order becomes effective on the date of passage.
Members of the public and descendants may still receive notice as staff continues outreach; the court recorded the formal votes to authorize the petitions at its Nov. 25 session.
