|
These are excerpts from a Judicial Opinion regarding application of Chapter 711 of the Health and Safety Code specifically to cemeteries established in the nineteenth century, issued by John Cornyn, State Attorney General, on March 14,200l
Cornyn concluded that... * All provisions of Chapter 711 also apply to cemeteries established in the nineteenth century. * Although small cemeteries that were "once devoted to burials and evidence of burials exists on the site" were not specifically addressed in chapter 711, the statements in that chapter broadly refer to all cemeteries as a general matter. * �under the common law, the conveyance of land dedicated as a cemetery did not affect its use,� This specifically refers to Texas Common Law, rather than chapter 711. * The owner or purchaser of land on which a cemetery exists "takes the property subject to this trust," and is thus considered the legal trustee of the cemetery. * Landowners of cemeteries or private burial grounds are required to provide reasonable public access for visiting purposes. |
| Attourney General's Statement on the THSC https://www.oag.state.tx.us/opinions/JC/JC0355.pdf |
 |