OTOE
The purpose of this policy is to establish a procedure for
citizens to petition the Otoe County Board of Commissioners regarding abandoned
and neglected pioneer and Indian cemeteries, to determine
DEFINITION: An abandoned and neglected pioneer cemetery shall be defined according to the following criteria:
(1) Such cemetery was founded, or the land upon which such cemetery is situated was given, granted, donated, sold, or deeded to the founders of the cemetery prior to January 1, 1900;
(2) Such cemetery contains the grave or graves of a person or persons who were homesteaders, immigrants from a foreign nation, prairie farmers, pioneers, sodbusters, first generation Nebraskans, or Civil War veterans; and
(3) Such cemetery has been generally abandoned and neglected for a period of at least 25 years.
Source:
Statute 12-808 (Adopted fully herein as the same may be amended from time to time by the Legislature.)
Note: All three of the requirements in the aforementioned
definition must be met before a cemetery can be classified as an abandoned and
neglected pioneer cemetery.
PETITION FOR
CLASSIFICATION OF ABANDONED CEMETERIES: Any
adult citizen may petition the Otoe County Board of Commissioners to have any
cemetery within
Petition forms may be obtained from the Otoe County Clerk’s office or from the Otoe County Zoning Administrator. The completed Petition Form will be returned to the County Zoning Administrator.
REVIEW OF THE
COMPLETED PETITION FORM: The Otoe
County Zoning Administrator will review the completed Petition Form to ensure
that the cemetery meets the three requirements of the aforementioned
definition. The Zoning Administrator,
after review, shall present the petition to the Otoe County Board of
Commissioners with a recommendation for approval/disapproval. At least 7 calendar days prior to the
RESPONSIBILITY OF THE
COUNTY OF
(1) If the Otoe County Commissioners approve the petitioner’s request, the maintenance of the cemetery becomes the County’s responsibility as follows:
a) Provide for one mowing annually within a period of two weeks prior to Memorial Day.
b) Within five years after acceptance of Cemetery, place a historical marker at the site indicating the date of the establishment of the Cemetery and a short history of the cemetery.
Source: Statute 12-809
c) Maintain a copy of any historical records received as a result of this acceptance in the Otoe County Register of Deed’s office.
d) Provide public access to such records during normal office hours.
e) When possible, provide a copy
of such historical records to the Morton-James Public Library in
f) If the petition is approved, the Zoning Administrator shall notify the property owner of such action and provide the petitioner with information regarding access to the cemetery.
ACCESS TO CEMETERIES
DESIGNATED AS ABANDONED AND NEGLECTED PIONEER CEMETERIES
(1) An owner of property upon which is located an abandoned cemetery, accepted by the county of Otoe County shall not deny access to said cemetery on Memorial Day or during the period from November 1 through March 1.
(2) The owner of the property may specify a pathway to the cemetery if such pathway is reasonable in direction and accessibility.
(3) Visitors to such a cemetery shall notify landowners of their presence prior to accessing the cemetery when possible.
Source: Statute 12-808.1 (Adopted fully herein as may be amended from time to time by the Legislature.)
Approved:________________________
_________________________________
Dale Haverty, Chairman
April 8, 2008