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Who pays to maintain old graves in a cemetery?
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Who pays to maintain old graves in a cemetery?

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This article was originally published on October 27, 2023.

Listener and reader Katherine from Milwaukie, Oregon, asks:

What is the business plan for cemeteries? I often pass through a local cemetery and it is always immaculate: green grass and picturesque trees. The tombstones are dedicated to people who died in the 1920s. Who pays for this maintenance and why?

The lifelong affair is complicated.

Depending on the state, there are laws that require some cemeteries to take a portion of the money they generate from the sale of burial sites and place it in what is called a perpetual care fund or endowment , explained Tanya Marsh, professor of law at Wake Forest University. in North Carolina.

The cemetery uses money generated by the endowment for maintenance and repairs, she said.

“Typically, the state will have laws or regulations that impose minimum requirements on how these funds are held and invested. States are concerned that cemetery owners may misappropriate or misuse these funds.

But there are exceptions. Marsh said cemeteries owned by religious organizations, individuals and families are generally exempt from the requirement to create an endowment.

“For example, in the state of North Carolina, we have about 30,000 cemeteries, and there are only about 100 that are actually regulated by the state and subject to these requirements,” he said. she declared.

Marsh noted that cemetery law varies from state to state.

Sometimes local governments may own and maintain a cemetery, but receive assistance from local organizations when funds are limited.

The nonprofit Friends of Lone Fir Cemetery in Portland, Oregon, for example, raises money to help clean, maintain and repair the cemetery, and gets its money through a mix of donations, grants and sales during events such as historic tours, according to the communications director. Margaret Fenton. However, the local government of Metro, Oregon owns the cemetery (along with 13 other historic cemeteries).

Lone Fir Cemetery is one of the oldest cemeteries in Portland, with the first burial taking place in 1846. (Courtesy of Friends of Lone Fir Cemetery Archives)

Fenton said many people buried at Lone Fir, which has been there for centuries, had wooden headstones that are long gone. In some cases, they had no tombstones at all.

Fenton explained that if a headstone needs to be repaired or constructed, Metro will sometimes help handle the task or Friends of Lone Fir will bring in people who specialize in restoration work.

At Green-Wood Cemetery in Brooklyn, New York – which spans 478 acres – maintenance involves constantly filling depressions (because there are leaking graves), mowing lawns and monitoring monuments for s ensure they do not become dangerous, according to Richard Moylan. , the president of the cemetery.

The cemetery, founded in 1838, is one of the first rural cemeteries in the country and serves as the burial place for more than 570,000 people, including composer Leonard Bernstein and artist Jean-Michel Basquiat.

Marsh of Wake Forest University pointed out that laws requiring a portion of sales to go to an endowment or perpetual care fund have been in place for 50 to 100 years, so cemeteries that have existed for centuries do not receive money that part of these graves goes into their funds.

She said sufficient funding is a “constant concern” for cemeteries, especially as cremation rates increase.

U.S. cremation rate expected to rise above 60% this year to more than 81% by 2045, according to data from the National Funeral Directors Association.

In a press release, the NFDA said Western and Northwest states – including Oregon – are expected to have cremation rates of 80% or higher, which would be the highest rates in the UNITED STATES.

There are various reasons for the increasing rate, which include the cost of a funeral, worry about environmental impact graves and an increasingly mobile population.

In 2021, the national median cost of a funeral with viewing and burial amounted to almost $7,850, while the cost of funeral with viewing and cremation was $6,970, according to NFDA data.

“Abandoned cemeteries are already a significant problem,” Marsh said. “This is a fairly common phenomenon, especially in certain regions of the country. The population moves away, the church folds, but the cemetery remains. And then, who is responsible?

She explained that while most states allow a county or municipality to take over an abandoned cemetery, local governments are reluctant to do so because of the extra work involved and the fact that cemeteries generate no revenue for them.

Moylan said he was concerned about Green-Wood’s future.

“I started worrying more than 20 years ago. I knew we were short on space,” he said. “So we started planning this day. And we’re still planning for that day.

More than 570,000 people have been buried in Green-Wood Cemetery. (Courtesy of Green-Wood Cemetery)

For public cemeteries in New York, at least 10% of profits proceeds from the sale of burial plots or mausoleum spaces must be paid into their perpetual care funds. However, this money is meant to last forever.

“We still sell $9 million to $10 million worth of cemetery space each year, but that will decrease. It’s already decreasing. And when that stops, then we’ll have a problem. But we have a decent endowment,” Moylan said.

However, he added that for him it is still not big enough, which is why it is essential that the cemetery finds more sources of income. Green-wood runs tours where you can walk and explore the area at night or ride through the cemetery on the tram.

“THE events we do bring people in; it makes money,” Moylan said. He said the cemetery also receives money through special project grants and donations.

Why is it important to make efforts to maintain and restore cemeteries?

“It’s the history of the country in a cemetery. I am saddened every time I see an inscription that is no longer legible, and that happens a lot with marble,” Moylan said.

Being able to preserve history is a goal Fenton agrees with.

“I have visited cemeteries all over London, Paris, Germany and New York. Everywhere. I saw everywhere the great love and care that one can have for a cemetery. I think it’s really important to maintain the historical provenance within the city,” she said.

Some cemeteries are also considered arboretums and serve as areas where different species of animals can thrive. Green-Wood, for example, is home to thousands of trees and has developed a cult following for honey. produced by bees at the cemetery.

And in the Lone Fir Cemetery, Fenton pointed out, there are old heritage trees and the Audubon Society. organizes an annual bird count event on the ground because many birds migrate in the region.

“It’s a place of learning. It’s a place to be cherished,” Fenton said.

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