[MassHistPres] Graveyards and church ownership - what happens with closed churches

[Doherty, Jennifer @ SEC]

There are additional legislative citations on MHC’s website<https://www.sec.state.ma.us/mhc/mhcleg/legidx.htm> relating to historic cemeteries.

Thank you,
Jenn


Jennifer B. Doherty
Local Government Programs Coordinator
Massachusetts Historical Commission
220 Morrissey Boulevard
Boston, MA 02125-3314
Office: (617) 727-8470
Remote: (617) 807-0685
Jennifer.Doherty at sec.state.ma.us<mailto:Jennifer.Doherty at sec.state.ma.us>

Register for virtual workshops<https://www.sec.state.ma.us/mhc/mhcotr/otridx.htm>

From: MassHistPres <masshistpres-bounces at cs.umb.edu> On Behalf Of Burks, Sarah via MassHistPres
Sent: Monday, July 10, 2023 3:19 PM
To: MHC MHC Listserve <masshistpres at cs.umb.edu>
Subject: Re: [MassHistPres] Graveyards and church ownership - what happens with closed churches

Perhaps this state law would be a starting point. You could also check with your town solicitor, board of health or board of cemetery commissioners.

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter114/Section43A<https://urldefense.com/v3/__https:/malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter114/Section43A__;!!O9h35Ks8fCsF!HNTI3tZtNI9Slu_iEgDr-IXE6K6tmN-tqkVbgX7TXYRBw_X2VhNhDgY0EljdJzvn8oq0-lUCDxndyEKVhsFTh6HfmudcrdQHRQhcsg$>
Section 43A. No cemetery established on or after July first, nineteen hundred and thirty-six, shall be owned, maintained or operated except by a municipality or other political subdivision of the commonwealth, a church, a religious or charitable society, or by a cemetery association incorporated as provided in section one, nor shall such a cemetery be maintained or operated for the purpose of private profit or gain, directly or indirectly, to any director, officer or member of the cemetery association or other agency owning, maintaining and operating the same. A cemetery lawfully established prior to said date may continue to be owned, maintained and operated under the form of organization adopted therefor.



Sarah L. Burks
Cambridge Historical Commission
831 Massachusetts Ave., 2nd Fl.
Cambridge, MA 02139
617-349-4687
sburks at cambridgema.gov<mailto:sburks at cambridgema.gov>
www.cambridgema.gov/historic<https://urldefense.com/v3/__http:/www.cambridgema.gov/historic__;!!O9h35Ks8fCsF!HNTI3tZtNI9Slu_iEgDr-IXE6K6tmN-tqkVbgX7TXYRBw_X2VhNhDgY0EljdJzvn8oq0-lUCDxndyEKVhsFTh6HfmudcrdQ3uRIdUQ$>

From: MassHistPres <masshistpres-bounces at cs.umb.edu<mailto:masshistpres-bounces at cs.umb.edu>> On Behalf Of Wendy Frontiero via MassHistPres
Sent: Monday, July 10, 2023 4:10 PM
To: Gretchen Schuler <ggschuler126 at gmail.com<mailto:ggschuler126 at gmail.com>>
Cc: MHC MHC Listserve <masshistpres at cs.umb.edu<mailto:masshistpres at cs.umb.edu>>
Subject: Re: [MassHistPres] Graveyards and church ownership - what happens with closed churches

Perhaps the church could offer the graveyards to the Town along with an endowment for maintenance that comes out of the sale price.

Wendy Frontiero

On Mon, Jul 10, 2023 at 10:01 AM Gretchen Schuler via MassHistPres <masshistpres at cs.umb.edu<mailto:masshistpres at cs.umb.edu>> wrote:
This probably depends on which denomination - as some revert to the Diocese - Catholic and Episcopalian based on local experience. If the property is sold I would hope that there would be an obligation to maintain the burying ground - probably the owners should be encouraged to add something as a condition/obligation?  I guess it is all about getting the parties to communicate now - not later.
Gretchen Schuler
Wayland Historical Society

On Mon, Jul 10, 2023 at 9:08 AM J FORREST via MassHistPres <masshistpres at cs.umb.edu<mailto:masshistpres at cs.umb.edu>> wrote:
The Newbury Historical Commission is interested in information regarding who "owns" the graveyard if a local church closes.  We have one Church in Newbury and it has ownership of 2 connected graveyards.  There was talk recently asking if the church closes due to a severe drop in parishioners, what happens with the graveyards?  Who is responsible for upkeep and maintenance if the church land is sold?


If anyone has any information or perhaps experience with this occurrence, please let us know.

Thank you,
Janice Forrest
Secretary, Newbury H C
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--
Wendy Frontiero
120 Maplewood Ave., Apt. 204
Gloucester, Mass.  01930
wfrontiero at alum.mit.edu<mailto:wfrontiero at alum.mit.edu>
617 . 290 . 8076
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