June 9, 2017
Cemeteries are a part of Texas. While some are relatively new, others are packed with history, and hold ancestors who date back to when the Lone Star State was a Republic. But the issue with the cemeteries is that they are land. And, that land is governed by the state’s laws and statutes, whether the cemeteries are public property, or owned by private individuals. Specifically, once a piece of land is dedicated as a cemetery, it is removed “from the realm of commerce.”
This means that, unless the cemetery dedication is removed, the land is exempt from taxation and condemnation by eminent domain. It is also exempt from creditor claims. And, while laws exist that define cemetery operations, “the only thing required to dedicate land as a cemetery is actual use for burial,” according to Rusty Adams, a research attorney for the Real Estate Center at Texas A&M University.
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