The Texas in the Civil War Message Board

Re: Old Garvin Cemetery for sale!

No one technically owns a cemetery. It is "owned" by those interred there. Before the bodies can be removed and the land used for other purposes, it must be de-designated as a cemetery by a judge. They can't just willy-nilly dig up the bodies and do something else with the land. Here is a link the Texas Historical Commission's document on Preserving Historic Cemeteries http://www.thc.state.tx.us/publications/guidelines/Preservecem.pdf. It also includes some basic information about cemetery laws. Cemetery laws are included in Chapter 711 of the Health and Safety code.

The THC is aware of this cemetery and has surveyed it. More than likely we will be informed of any attempts to develop the area or de-designate the cemetery. If you interested in another layer of protection for the cemetery, you might want to look into the Historic Texas Cemetery Designation program; information can be found at http://www.thc.state.tx.us/cemeteries/cemhtc.html.

Annette Bethke

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Re: Old Garvin Cemetery for sale!