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December 15, 2009
dead issue
Dead bodies suck. No, really. I feel incredibly sorry for the owners of this land: Some people have skeletons in their closet.It is going to be very expensive for the property owner, who had no way of knowing what might have been under a concrete slab. But it could have been worse. The bodies might have been of archaeological interest, especially if they were Native American, or early African American. That would mean a thorough investigation (most likely by professors and their students sifting through every piece of soil), and a possible halt to construction activity. According to another piece, workers had already removed the remains of five bodies, but two more were found: According to police, while remains of two bodies were recovered, five others were apparently loaded into dumpsters by workers and removed earlier in the week.They were even kind enough to have a picture of some of the bones, lying amidst the debris: To most people, this is one of those odd little human interest items, but it's a property owner's worst nightmare. Reading through some of the laws that deal with dead bodies was a real eye-opener. I don't know what the situation is in Pennsylvania, but in Virginia, removing dead bodies from their resting place -- regardless of their age -- is a felony. Cemetery PreservationNever mind that it's been just another backyard for over a century. Decades ago when I did construction work, an older carpenter told me about running into abandoned graves while digging foundations for a commercial building. With a whole crew working and a schedule to meet, he was not about to be disruptive and delay the job, so he just threw them in the trash. (Something he confided in me in a hushed voice.) That sounds callused (although it probably wasn't illegal at the time), but the bureaucratic alternative is a genuine nightmare. Not only is it painfully slow, but the bodies have to be relocated, by professionally trained people, and reburied in new graves. And the property owner has to pay for it -- even though he did absolutely nothing wrong. It is horrendously unfair, especially when you consider that people used to be routinely buried on private land and in many cases this was never recorded officially so there is no way to know. It strikes me that if you have title to land, you should own whatever the hell is buried underneath it. But like it or not, the presence of dead bodies can alter the legal status of your land, as even a private cemetery can be a permanent easement on the land. Which is why title insurance policies contain standard recitals like this: The Seller(s)/Owner(s) has/have no knowledge of any highways, abandoned roads, lanes, cemetery or family burial grounds, springs, streams, rivers, ponds, or lakes bordering or running through said premises.I guess that's one of the reasons for having title insurance. It's someone else's problem, but whose? Why stick it to the current property owner? Philosophically, how long should we be encumbered by long-forgotten human remains? Bones eventually disintegrate, and depending on the soil, many bones of that age are already gone. I remember peeking into an above-ground crypt through a large (3 inch wide) crack and the bones had been reduced to fragments of rubble. Had it been scattered on the ground, it would have looked like nondescript debris of the sort you'd see anywhere in the dirt. When dead bodies are cremated, bones and bone fragments (not "ashes") are what remain behind, and they have to be fed through a grinder. Here's what they look like after they come out of the furnace, And here they are, going into the grinder: While options as to the disposal of "cremains" vary, people scatter them everywhere, and it is legal to scatter them on public land. As to whether they can legally be discarded in the trash (which will end up in a landfill), I don't know. Why do we not consider such bone material to be dead bodies? Because they have been ground up? For the life of me, I'm having trouble seeing 100 year-old bones as a "dead body." I see no reason why they can't just do to these old bones what many people do with modern bones and simply feed them through a grinder. It wouldn't bother me. And isn't the Golden Rule "Do unto others what you would have them do unto you?" That's all good and fine, but who is you? If I wouldn't mind having my cremains tossed in a landfill, does that mean I have the right to do that to other people? Are bones (which consist largely of calcium) "people"? If so, do we have to go back in time and respect the unknown sensibilities of long-deceased strangers? Whatever happened to "ashes to ashes, dust to dust"? posted by Eric on 12.15.09 at 11:27 AM
Comments
Calcium? That's a mineral. So, if the property owner doesn't own the mineral rights... ohnevermind. That would get even stickier. I don't see a reason for old bones like that to need special handling, once it's been determined they are that old. But it would be nice if the property owner could document x number of unknown graves in x location and turn that over to a historical or genealogical society. Donna B. · December 15, 2009 04:49 PM After my father died, we had a discussion with the business that ended up cremating him. My sister worked in the technical end of a business that transformed cattle bones into industrial grade gelatin. She and the "cremator" got into a bit of shop talk about ash content, calcium content and the like. It brought a bit of the comedy of the absurd, a lighter aspect, to a sad occasion. I like the idea of having the historical society put up a sign stating that some bodies were found. If some anthropologists want to look at the bones, fine, but otherwise I have no objection to the remains being deep sixed in some form or another. Gringo · December 15, 2009 08:48 PM Donna B. You may not see a reason but if you find an old grave on your property you don't want to involve anyone. Moving an abandoned grave is costly and subject to government oversight. If there is still family willing to raise a fuss, you can't move it and they got an access easement to visit it. Of course, if you guess wrong and the grave isn't an old burial but one subject to criminal investigation, moving it puts you in jeopardy for disrupting a crime scene. JKB · December 16, 2009 07:27 PM Post a comment
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Not knowing what's under or inside the long-buried parts my place is one reason I only work on it myself. If I find a heap of bones somewhere, hey, free bones.
The state doesn't recognize my desire to be chucked whole in the nearest dumpster when I die, so no deals.