N.E. Pennsylvania woman wins U.S. Supreme Court case to keep grave seekers off her land – The Philadelphia Inquirer June 20, 2019

Standard Disclaimer:

I am not an attorney and any comments I post are not intended, nor should they be construed, as legal advice. If you need legal advice, please consult a legal expert who is familiar with the area of legal expertise you need.

I saw this article in a social media group – N.E. Pennsylvania woman wins U.S. Supreme Court case to keep grave seekers off her land: https://www.inquirer.com/news/court-scotus-pennsylvania-property-constitution-20190621.html.

Above link includes a PDF link to the Supreme Court decision: https://www.supremecourt.gov/opinions/18pdf/17-647_m648.pdf

On Friday, the Supreme Court ruled, 5-4, in favor of Knick, essentially giving all citizens another way to pursue a lawsuit against state or local governments over property rights issues. Instead of filing lawsuits in state and local courts first, citizens with property grievances now can go directly to federal court.

Many U. S. states have laws that allow access to family members who have relatives buried on personal private property, like a residence or a farm. Each state sets its own laws on what restrictions can be placed by property owners on such access. Most traditional cemeteries are on private property unless the cemetery is owned or maintained by a local, county, state, or federal government agency. Also, most states have few restrictions on traditional cemeteries when it comes to restricting the rights for visiting relatives. The states usually let the cemeteries set up with their own rules and regulations.

If you are not familiar with how Supreme Court (SCOTUS) rulings generally work, this initially only applies to Pennsylvania although a point could be made to the various state, county, and local governments that have similar laws in place to reconsider them or risk being sued.

About ICT Genealogist

Originally from Gulfport, Mississippi. Live in Wichita, Kansas now. I suffer Bipolar I, ultra-ultra rapid cycling, mixed episodes. Blog on a variety of topics - genealogy, DNA, mental health, among others. Let's collaborateDealspotr.com
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