Bastrop, Tx–Later this month the Bastrop City Council could approve the first public law to govern operation of the city’s historic Fairview Cemetery, now more than 150 years old.
Rules for burying indigents or paupers and how to settle possible unresolved disputes over ownership of historic burial plots remain to be agreed on, however, before final approval of the measure, possibly on Oct. 27.
For a century or more the burial ground was managed by private organizations, but some two years ago the city was forced to take control. A city law to govern the cemetery has now been 18 months in the making, guided in part by a citizen advisory board, City Manager Mike Talbot said Tuesday.
The proposed rules call for the city to honor all prior sales of cemetery lots, despite the fact that many of those deeds have never been recorded in county records, said Talbot. Proof of purchase and payment in the past will be recognized, he said. In some cases even a sworn statement claiming ownership of lots may be acceptable.
Current records of purchases and burials in earlier periods are not complete, Talbot said.
But Council Member Ken Kesselus, a keen student of local history, said the descendants of earlier purchasers may, in a few cases, disagree about how those rights have devolved. Talbot said the new law can include a time period for the resolution of such disputes.
Council Member Kay Garcia McAnally objected to setting aside a special area for the burial of indigents. “I don’t like segregating the poor,” she said. “It just feels wrong to me.”
Mayor Terry Orr also called for identifying and marking the graves of paupers.
Talbot said he will tweak the proposed rules to address both concerns.
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