County deeds abandoned cemetery to local district

The Jackson County Commissioners have transferred the ownership of an abandoned cemetery on V4 Road in the southern part of the county to the Steward/Muddy Creek Cemetery District. 

Cemetery district members Robert Martin, C.M. Lovendahl, Kerril Bauerly and volunteer Delbert Zachariasen met with the commissioners Monday to discuss the upkeep and maintenance of an abandoned cemetery known as the Point Pleasant Cemetery. The cemetery has also been referred to as the Stewart Cemetery, as well as Cope Cemetery and Stuard Cemetery. 

The cemetery, which includes more the 30 graves, is about half an acre and is surrounded by five acres of hay ground.  It is located on V4 Road between 126th and 114th Roads east of Hoyt. 

According to county records, a man named Bender purchased the five acres of land the cemetery sits on from a sheriff’s sale in August 1928. When Bender died, the land was not sold or passed to any heir. 

The county began receiving the property tax statement on the land, and employees at the appraiser’s office realized the cemetery was located on the land and, therefore, not taxable. The property was never put up for sale after Bender’s death and has been in the county’s possession ever since, it was reported.

The commissioners informed cemetery district members that they wanted to deed the cemetery and the land surrounding it to the cemetery board, and Commissioner Janet Zwonitzer noted that the board could rent the hay ground and use those funds for some of the upkeep of the cemetery.

Martin said that if the cemetery was deeded to the cemetery district, the district’s board would have to increase its budget. For 2015, the cemetery district received $4,167 in funding. 

The commissioners said they understood and would approve the increase. 

Zwonitzer said that, according to state statues, an abandoned cemetery only has to be mowed twice a year, usually near Memorial Day and Labor Day. It was noted that the cemetery grass has already been “knocked back” once already this year. 

“It’s easier to keep up with the weeds and grass if it’s mowed regularly,” Zwonitzer said. 

In 2008, the commissioners at that time entered into a maintenance agreement with Richard Smith, who owns land adjoining the cemetery. The county purchased a weedeater for Smith, and in exchange for his work, he received the hay from the land surrounding the cemetery. There have been complaints in the past, however, that the cemetery wasn’t being cleared. 

By signing over the deed of the cemetery to the board, the commissioners are also canceling its contract with Smith and are requesting the return of the weedeater. The commissioners said that if the cemetery district wanted to independently contract the mowing work with Smith, the board members could do so.  

Lovendahl asked if the cemetery district was obligated to honor future requests for burials at the abandoned cemetery, and the commissioners and County Counselor Alex Morrissey said they were not. 

The cemetery board members also expressed their concern with the condition of the markers of the gravestones, noting that many were damaged and partially buried. They were concerned that they do not have the resources to fix them.

Commissioner Zwonitzer that she had been in contact with members of the local VFW and American Legion groups who are willing to fix headstones, and she said she would put them in touch with the board. 

“We know it’s a lot of work, but we want to give the cemetery the respect it deserves,” Zwonitzer said. 

Jackson County Clerk Kathy Mick said that since the cemetery lies in the Steward/Muddy Creek Cemetery District, that board of directors is the only group that can ask for a tax mill increase to maintain the cemetery. The Steward/Muddy Creek Cemetery District also maintains two other cemeteries in the county. 

“It looks like we don’t have an option on whether we want to care for it or not, but there’s no lack of cooperation,” Martin said to the commissioners.

After meeting with the cemetery district board, the commissioners signed over the deed of the property to the district. 

The Holton Recorder

109 W. Fourth St.
Holton, KS 66436
Phone: 785-364-3141
 

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