ROW项目中的未标记墓地和墓地

的确是光荣的骨头. 应该说什么??

结局好，一切都好 (2.3.1042).

Valar morghulis. Valar dohaeris.

《冰与火之歌第三卷，第七十四章，艾莉亚十三.

Despite the best-laid plans of right-of-way professionals, previously forgotten cemeteries or graveyards are sometimes discovered during the course of right-of-way projects. The words “cemetery” and “graveyard” bring with them images of ordered rows of graves with headstones or markers. There is no guarantee of such organization depending on the particular remains. They could be Native American graves or remains from the Civil War. 它可能是陶工的田地，也可能是被遗忘的家族领地. The landowner may have no idea that the remains even exist. They could be scattered over any area in no discernible order. 可能没有亲属的信息. 不管, when the remains are discovered in the course of construction, intense time pressure from the construction schedule tends to turn what could be an interesting mystery into a complicated problem. 尽管时间紧迫, 在处理人类遗骸时, extremely careful attention to the applicable law is warranted lest criminal penalties result or the court or the public suspect any skullduggery.[1]

Any improper interaction with human remains is likely to be a crime. 例如，在Va下. Code § 18.2-126, “Violation of sepulture; defilement of a dead human body; penalties,” if one “unlawfully disinters or displaces a dead human body, or any part of a dead human body which has been deposited in any vault, 坟墓或其他埋葬场所, 他犯了四级重罪,” and if one “willfully and intentionally physically defiles a dead human body he is guilty of a Class 6 felony. For the purposes of this section, the term ‘defile’ shall not include … any other lawful purpose.” Va. Code § 18.2-126. Note that this applies to all human burials, even prehistoric burials. The prudent approach is to presume that any movement of human remains is unlawful, unless the intended course of action with regard to the remains is specifically authorized by law.

The first thing to do upon discovery of any human remains is generally to stop any conduct which would disturb the remains, 把尸体留在原地, 并将发现报告给当地或州警察, and, 在维吉尼亚州, 弗吉尼亚州历史皇冠搏彩APP下载部(“DHR”).

If law enforcement determines that criminal conduct is not involved, one should consider with the assistance of experienced counsel i) one’s legal authority to interact with the remains, if any, Ii)哪些政府批准, permits, 否则就需要法院的命令, and iii) the identity of any interested parties whose agreement is necessary or preferred, such as the next of kin and potentially the owners of the land in which the remains are interred. Relocation of an unmarked cemetery or gravesite will involve the Department of Historic Resources, 持牌殡仪馆, 通常是一个或多个考古学家, 除了你自己的人事和律师.  

If DHR determines that the site has historic significance, the remains will need to be disinterred by licensed archaeologists. Having archaeologists perform the disinterment will require a DHR permit. You may still want to consider having archaeologists do the disinterment even if DHR determines that the site does not have historic significance, particularly if the remains are not in caskets or other containers. 取决于各种因素，包括年龄, soil type, 和原容器的材料, remains may have been shattered or the containers may have decayed to nothing. Some funeral homes may only be familiar with dealing with vaults and caskets, and archaeologists may be better suited to dealing with certain remains. DHR will likely still require a permit for archaeologists to perform the disinterment work even if the remains do not have historic significance.

The specific course for resolution of any cemetery relocation is fact specific, 取决于年龄, type, condition, 以及遗体的位置, 以及具体的项目和项目实体. However, regardless of the project or the particulars of the remains, 同情和尊重是这个领域的流行语. Whether the interred was a known person with loved ones that you will have to interact with, or someone so long dead that everyone they knew or were related to has long since turned to dust, the perceived obstacle to your project was someone’s loved one once. Treat them as you would want your loved ones treated, and not just because of the legal requirements.

Pender & Coward attorney Ross Greene assists clients with a wide range of eminent domain and right of way matters.  如有任何问题，请致电(757)502-7333或 rgreene@kgfascist.com.                     

[1] The word “skullduggery” was first documented in the mid-19th century spelled as “scull-duggery,尽管它的完整词源尚不清楚, etymologists do not generally believe it has anything to do with skulls. 至少根据韦氏词典是这样的, 它可能来源于苏格兰的“sculduddery”,这个词曾经用来指粗俗或淫荡的行为.