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Old cemetery poses grave dilemma for buyers of Vt. farm
Associated Press ^ | Sunday, May 4, 2008 | LISA RATHKE

Posted on 05/04/2008 10:13:39 AM PDT by rarestia

HARTLAND, Vt. (AP) -- The 130-acre property was exactly what Michel Guite and his family wanted: an old Vermont farm with mountain views, rolling hills and meadows.

There was, however, one wrinkle: The property included a small family cemetery _ with the grave of a War of 1812 veteran _ surrounded by a fence on a scenic knoll.

His proposal to move the graveyard so he can build a house and barn has set off protests. The town has passed a resolution aimed at blocking the move, a descendant of one occupant of the graveyard is trying to fight him in probate court and opponents including military veterans have asked the town to take over the cemetery and keep it where it is.

(Excerpt) Read more at baynews9.com ...


TOPICS: Culture/Society; News/Current Events; US: Vermont
KEYWORDS: cemetery; ggg; warof1812
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To: Soliton

God bless that soybean farmer! I have many ancestors buried in Vermont, New Hampshire and Massachusetts. I hope no one tries to desecrate their burial grounds.

My own grave site has a fantastic view of Mt. Hood. I certainly hope moving this Vwemonr graveyard does not become a precedent!


21 posted on 05/04/2008 10:59:41 AM PDT by Paperdoll ( on the cutting edge.)
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To: Paperdoll

Ooops! VERMONT graveyard,


22 posted on 05/04/2008 11:01:19 AM PDT by Paperdoll ( on the cutting edge.)
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Question #1: Was he made aware of the fact that there was a grave on the property before he bought it? If yes, then he should have to deal with the issues. If not, then he's blameless. If he didn't know before buying the land, and he wants to have the grave moved in order to build on it, he should be allowed to. If the local government is fighting it, then the government is blocking his use of the land, and I believe that the SCOTUS has ruled that they must pay him for his loss of use.

Mark

23 posted on 05/04/2008 11:02:51 AM PDT by MarkL
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To: The Great RJ
He has not bought the land yet. He has an option to buy, contingent on getting permission to move the cemetery
24 posted on 05/04/2008 11:06:16 AM PDT by rawhide
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To: rarestia

What do you think of digging up old Indian graves or maybe Neanderthals or “Hobbits”?


25 posted on 05/04/2008 11:16:24 AM PDT by count-your-change (you don't have to be brilliant, not being stupid is enough.)
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To: pepsionice; rarestia
In my early teens I was looking through some family records in our basement when I came across a deed to an old family cemetery. It was in another part of the state where my father's family had lived for generations as farmers before many of them moved to the city.

The deed provided for a right of way across the surrounding farmland. We eventually made a trip down there, not sure if the cemetery would be there anymore. We spent some time looking around for but finally there it was, entirely surrounded by a plowed field.

The cemetery was not large and was surrounded by an iron fence. It looked like no one had tended it for many decades. Tall cedar tress, a species I have never liked, had grown in the plot and their roots had upset many of the stones.

It must have been a pain for the farmer to plow around this small piece of land. Next time I go there I won't be surprised if everything has disappeared., although I expect there are still some distant relatives living in the area.

26 posted on 05/04/2008 11:21:15 AM PDT by wideminded
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To: pepsionice

I suppose if he’d bought the property, quietly just taken down the fence, built over it and gone on, no one would have noticed. You think?

One thing I did find odd was that people think it’s ok to move graves for roads, but not for houses. Why are public roads ok but homes are not?!


27 posted on 05/04/2008 11:21:57 AM PDT by Sparky7450
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To: MarkL
Was he made aware of the fact that there was a grave on the property before he bought it?...If not, then he's blameless. If he didn't know before buying the land, and he wants to have the grave moved in order to build on it, he should be allowed to.

He knew about it.

FTA:

Guite, 62, of Greenwich, Conn., signed an option to buy the land in December _ contingent on being able to move the graves.

28 posted on 05/04/2008 11:24:32 AM PDT by shhrubbery! (Max Boot: Joe Wilson has sold more whoppers than Burger King)
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To: rarestia

130 acres and only one suitable homesite. Hard to imagine, isn’t it?


29 posted on 05/04/2008 11:24:37 AM PDT by Mariebl
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To: rarestia
The comments of FReepers concerning property rights on this thread are disgraceful. You all want property rights except when it concerns something you think is important to you. This guy bought the property, if he wants to move the grave that is his right. If the town was so concerned about this 1812 vet's grave they should have bought that particular plot of ground long ago and made a real cemetery of it.

What a bunch of socialists hang out here on a conservative thread. Property rights are the basis of freedom and without them we have NO freedom. This is an issue of property rights and to he** with the town and relatives that should have taken care of his remains long ago. If the cemetery is separate and not part of this guy's purchase then he is out of luck, if it is part of his property he should be able to move it.

30 posted on 05/04/2008 11:28:46 AM PDT by calex59
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To: rarestia
However, Johnston said, "Moving graves of someone who is not a family member, unless it's eminent domain, I've never heard of one being moved to build a house."

Note to prospective buyer from CT: Never seen Poltergeist, eh?

31 posted on 05/04/2008 11:35:13 AM PDT by mewzilla (In politics the middle way is none at all. John Adams)
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To: Sparky7450

Why are public roads ok but homes are not?!

I would think that public roads fall under the criteria for eminent domain, i. e. for the common good.

A private home doesn’t fit that criteria.


32 posted on 05/04/2008 11:36:11 AM PDT by wayoverthehill
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To: rarestia

As a child, I went to a Baptist camp. My kids also went there. One of the activities the kids would do was “rubbings” on old gravestones in a tiny cemetery right near the center of the camp. As far as I know, no one ever suffered any trauma because of it.
Cemeteries are very often beautiful, peaceful places. We love to visit them.


33 posted on 05/04/2008 11:48:35 AM PDT by Past Your Eyes (Bill Clinton: Life Member of the Liars' Club.)
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To: rarestia

“For Guite, its about property rights”.

I dont think the original property owners ever consented to anything that would have had them dug up from the eternal resting place “for the sake of the children”.

What a POS.


34 posted on 05/04/2008 12:01:31 PM PDT by spanalot
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To: JimC214

LOL


35 posted on 05/04/2008 12:03:18 PM PDT by Grunthor (You can't perform a circumcision with a chainsaw!)
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To: rarestia

Totally off-topic. My dad had a brother that died shortly after birth. I don’t even know his name. He was older than my dad. My dad’s family had owned a small farm outside Whitney, Texas for years. His mother sold it, and years later my dad bought it back. Most of it was mesquite brush and used for cattle. My dad used to go out with me and we walked every square foot of that land many times looking for his brother’s grave, but we never found it.


36 posted on 05/04/2008 12:09:32 PM PDT by Richard Kimball (We're all criminals. They just haven't figured out what some of us have done yet.)
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To: rarestia

The town should buy the property and make it a landmark with access. They could use the rest for parks or something.


37 posted on 05/04/2008 12:19:45 PM PDT by CindyDawg
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To: YOUGOTIT
Guite, 62, of Greenwich, Conn., signed an option to buy the land in December _ contingent on being able to move the graves.

Sounds like he hasn't actually bought it yet.

And if the seller is a member of the community, I'm sure his local stock has bottomed.

If I were the owner, I would have been writing a covenent in the deed protecting the cemetery; not writing contingent contracts to move it.

I know whereof I speak; we have a suspected grave site at a fallen in homestead on our property. One of these days, well have the it investigated by by a qualified archaeologist, and find out for sure.

38 posted on 05/04/2008 12:20:02 PM PDT by ApplegateRanch (The Great Obamanation of Desolation, attempting to sit in the Oval Office, where he ought not..)
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To: pepsionice

I personally know of two similar situations in Georgia.
Two old cemeteries that while no one was looking had the stones removed and the graveyard was just plowed up into the rest of the surrounding corn field.


39 posted on 05/04/2008 1:21:19 PM PDT by Repeal The 17th
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To: Grunthor
It's hard to beat, um, it's hard to come up with something better than: "Ike Beats Tina To Death".

That's going to stand as the best for a cultural generation or two.

Still, not as long as the cemetery that guy wants to move/get rid of.

40 posted on 05/04/2008 1:36:33 PM PDT by Calvin Locke
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