kmerian said:
Cemeteries on private property ARE public access:
711.041. Access to Cemetery
(a) Any person who wishes to visit a cemetery or private burial grounds
for which no public ingress or egress is available shall have the right
to reasonable ingress and egress for the purpose of visiting the
cemetery or private burial grounds. This right of access extends only to
visitation during reasonable hours and only for purposes usually
associated with cemetery visits.
(b) The owner or owners of the lands surrounding the cemetery or private
burial grounds may designate the routes of reasonable ingress and
egress.
Added by Acts 1993, 73rd Leg., ch. 634, 22, eff. Sept. 1, 1993.
To further expand on access...
There should not be anyone randomly entering private property without prior notice.
"The Texas Health and Safety Code gives visitors a right to reasonable ingress and egress to cemeteries located on private property as long as proper notification is provided to the property owner.
Section 711.041 of the Health and Safety Code states that access to a cemetery cannot be denied by the surrounding landowner (please see attached). The Texas Historical Commission is not a law enforce agency and cannot enforce laws. This responsibility falls to local law enforcement.
[ol]
The first step to gain access is to provide notice of your intent to access the property. In a letter, request a date or range of dates at least 14-days in advance. Provide a contact phone number and/or address for the landowner's reply and make a copy of this letter for your files. Please keep in mind that the landowner has the right to designate the route to the cemetery and that the requested time needs to be "reasonable."
If this second letter does not result in access to the cemetery, write a second letter and explain that you are copying the letter to law enforcement. Provide a date or date range in which you want to visit the cemetery and provide your contact information. Finally, again, provide a date by which you want to hear back from the landowner and explain that if you do not hear back from them, you will contact local law enforcement. Include a copy of the first letter and attach the access law again. Mail the letter using certified mail and make a copy of the letter for your files. Then, make a copy the letter and mail it to your local law enforcement office (sheriff or municipal police). Attach the article from Texas Lawman (please see attached). Sometime this article helps to communicate with law enforcement personnel."[/ol]