[HistoricCemeteries] laws about pulic cemetery onprivateproperty

Kelly Kubiak gunnerspouse at gmail.com
Tue Nov 13 06:17:45 PST 2012


Try this link:  http://www.leg.state.or.us/ors/097.html

Scrolling down towards the bottom, one needs to locate the information regarding what constitutes a historic cemetery (burial prior to Feb. 1 1909), however, as you have stated that this is also considered a private cemetery with Indian Remains, you may have to work something out with how the law is written, and thus, access.

You may need to contact someone at your local govt / county office for assistance in this matter.

Kelly Kubiak
On Nov 12, 2012, at 11:02 PM, Carolyn wrote:

> Boy I am not sure,  I did find Cape Foul weather  on findagrave.  I passed that information on .  Now all I need to find out is about the laws for cemeteries on private property.  
> thank you, Carolyn
> ----- Original Message -----
> From: Oswego Heritage Council
> To: Historic Cemeteries
> Sent: Monday, November 12, 2012 7:48 PM
> Subject: Re: [HistoricCemeteries] laws about pulic cemetery onprivateproperty
> 
> I thought Agate and Cape Foulweather were the same cemetery. Is this correct?
>  
> Thank you ,
> Jude Graham
> Executive Director
> 
> Oswego Heritage Council & Museum
> 398 10th St./ PO Box 1041
> Lake Oswego, OR 97034
> (503)635-6373 www.oswegoheritage.org Oswego Heritage Council is a 501(c) 3
> From: Carolyn <cknuth at charter.net>
> To: Historic Cemeteries <historiccemeteries at listsmart.osl.state.or.us> 
> Sent: Monday, November 12, 2012 7:46 PM
> Subject: Re: [HistoricCemeteries] laws about pulic cemetery onprivateproperty
> 
> Sorry David,  did not mean any thing by that.  I thought that those were 
> the locations.  I did find Cape Foul weather Cemetery with 14 listings and 
> pictures on findagrave.  Thank you for your help.
> 
> 
> ----- Original Message ----- 
> From: "W David Samuelsen" <dsam52 at sampubco.com>
> To: "Historic Cemeteries" <historiccemeteries at listsmart.osl.state.or.us>
> Sent: Monday, November 12, 2012 7:41 PM
> Subject: Re: [HistoricCemeteries] laws about pulic cemetery 
> onprivateproperty
> 
> 
> > Janice is not me.
> >
> > The name of cemetery is what I just told you.
> >
> > Agate Beach Cemetery, aka Cape Foulweather, aka Megginson
> >
> > As for the record of names, you will have to ask around and research since 
> > that owner of private property surrounding the cemetery is not allowing 
> > access.
> >
> > David Samuelsen
> >
> > On 11/12/2012 7:54 PM, Carolyn wrote:
> >> Hi, Janice Healy ( W David Samuelsen}
> >> Could you please tell me the name of the cemetery and is there a record
> >> of the names. thank you for replying about this.
> >> Carolyn m Russell
> >>
> >> ----- Original Message ----- From: "W David Samuelsen"
> >> <dsam52 at sampubco.com>
> >> To: <historiccemeteries at listsmart.osl.state.or.us>
> >> Sent: Sunday, November 11, 2012 8:52 PM
> >> Subject: Re: [HistoricCemeteries] laws about pulic cemetery on
> >> privateproperty
> >>
> >>
> >>> Janice Healy had to say about this cemetery.
> >>>
> >>> it's Agate Beach, aka Cape Foulweather and Megginson
> >>>
> >>> Established 1873
> >>>
> >>> "These burials are Indian and white graves.  Located off road. Take
> >>> Lighthouse Drive, then take the first streetpast the Izzy's Pizza that
> >>> leads up the hill. Rocky Way was posted No Trepassing (September
> >>> 1991). It is at the end of this street, on the right, there are 15
> >>> known burials, but as of Aug. 1990 only the stones of Mrs. briggs and
> >>> a boy could be found. The site is mostly destroyed."
> >>>
> >>> Guess this is one of those cemeteries falling under protection of
> >>> Historic Commission, especially more if there were veterans buried at
> >>> this place.
> >>>
> >>> W. David Samuelsen
> >>>
> >>>
> >>> On 11/11/2012 8:20 PM, Carolyn wrote:
> >>>>
> >>>>    Hi Kuri,
> >>>>    One of the guys on our cemetery board also belongs to a veterins
> >>>> group. Yesterday they were at a meeting at Izzy's  in Newport.  there
> >>>> is a cemetery behind Izzy's and they were looking at it and were
> >>>> talking about a clean up on it for a group thing.
> >>>>
> >>>>    Any way the owner of the property ran them off.
> >>>>
> >>>>    I wrote to Chuck Moody about this and here was his reply
> >>>>
> >>>>    "It is not a private cemetery but it is on private property. My
> >>>> understanding is the property own does not allow anyone to clean the
> >>>> cemetery. I don't know if you know the Oregon State laws on
> >>>> cemeteries, but my understanding is she has to let at least family of
> >>>> the people buried in the cemetery into visit. But, by appointment,
> >>>> and she does not want people in the cemetery.
> >>>>
> >>>>
> >>>>    Chuck"
> >>>>
> >>>>    Could you please write to Steve Allen    oregonarmed at msn.com  I
> >>>> do not know the laws about this and hope you can shed some light on
> >>>> it for him.
> >>>>
> >>>>    Thank you Kuri
> >>>>
> >>>>    Carolyn m Russell
> >>>>    Historian at Taft Pioneer Cemetery  , Lincoln City OR
> >>>>
> >>>>
> >>>>
> >>>>
> >>>> _____________________________________________________
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> >>>
> >>> -----
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> >>> 11/11/12
> >>>
> >>
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> >>
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> 
> _____________________________________________________
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> 
> 
> 
> 
> _____________________________________________________
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> 
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> http://listsmart.osl.state.or.us/mailman/listinfo/historiccemeteries
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