[texbirds] Re: Sunset Cemetery

  • From: Brush Freeman <brushfreeman@xxxxxxxxx>
  • To: Joseph Kennedy <josephkennedy36@xxxxxxxxx>
  • Date: Wed, 3 Apr 2013 15:20:22 -0500

access to...One now has to go thru a cattle guard then about 3/4 mile down
a private road to get to it...There is now a heavy locked gate with no
trespassing signs of huge proportions on it.  The cemetery has a couple of
very historic Texas legends planted in ti (a Burleson and Doc. Bryson) but
danged if I know how one could access it now...B

On Wed, Apr 3, 2013 at 2:15 PM, Joseph Kennedy <josephkennedy36@xxxxxxxxx>wrote:

> It is designated by the state as a birding site as state law says it can be
> a birding site. Any cemetary whether public or privated is open to all
> including those wishing to have a picnic on the day of the dead.
> Or inspect historic gravestones. It can be wrong to make rubbings if you
> transfer ink to the headstone but non-marking methods can be done anywhere
> at anytime.
>
> I am not sure what the county means by "private cemetary" as it does not
> agree with Texas law. Almost every cemetary in the state and country is
> private and owned by church associations, masonic groups, for profit groups
> etc. They are all privately owned; public cemetaries are normally
> charitable or municipal cemetaries and are also really private as they are
> owned by the city etc.
>
> The only truly private cemetaries would those where a rancher's family is
> buried back in the oak grove. Even in that case any family member etc must
> have perpetual access after the ranch is sold or even subdivided. There is
> much trouble involved if anyone wants to move the bones at a later date.
>
> This has been a problem in many parts of the country and has always been
> resolved in favor of the public. The people claiming privacy usually have
> other bones to pick including a california gentleman who was illegally
> trapping endanged species of lizards that sat on the gravestones. Visitors
> who came to see the lizards would be of great risk to the cemetary guardian
> who was arrested.
>
> Perhaps a copy of the texas statute could be explained by the commissioner
> if he actually read it and had the papers from the cemetary that stated why
> that cemetary was exempt from the law.
>
> The problem is identical with public access to texas beaches which have
> guaranteed access but beachfront owners not wanting anyone on "their"
> private beach.
>
> Access must be given and it is no ones business what a person does on the
> cemetary grounds or beach as long as the activity is not illegal.
>
> there is a whole series of posting here with nasty people claiming public
> roads cannot be birded, you cannot stop and look at my field, the public
> does not have access to a wildlife area, etc. Where the deputy is a cousin
> on the complainant or the complainant waves a gun, there may be some right
> of possession but only that which grows out of the barrel of the gun. You
> can go up the local food chain but make sure that your insurance, car
> inspection sticker etc are current and no lights are burned out.
>
> But practically you have to be willing to put up with some annoyance to
> push the issue. As an old cemetary walker for birds or history, I never
> really had a problem if I was polite and courteous. And you make friends
> and find really good places. Long ago I was given access to a marvelous old
> native pecan grove and did some study at the library and found the Moses
> Austin may have helped plant the original trees or their ancestors. Had a
> great picnic there with the owners family when I gave him copies of the
> papers and then saw the old cemetary that no one else knew existed.
>
> On Tue, Apr 2, 2013 at 3:48 PM, melissa isom <isommelissa@xxxxxxxxx>
> wrote:
>
> >  Hi all;
> > I had gotten the name and number of the president of the Sunset Cemetery
> > from the county commissioner. I gave him a call and asked about what
> > had been going on concerning the birders. He said that it is a private
> > cemetery and that he had no idea how or why it was designated by
> > the Texas Parks and Wildlife as a birding site. He said that they do
> > not want the public in there birding because people were parking on
> > the grave sites and they are also concerned about liability. They had
> > recently found underground hornets nest. He suggested that birders
> > go in the fish hatchery (next door) if they want to bird.
> > Don't kill the messenger. I have enjoyed birding at the cemetery many
> > times.
> > Melissa Isom
> > Ingram, Texas
> > Edit your Freelists account settings for TEXBIRDS at
> > //www.freelists.org/list/texbirds
> >
> > Reposting of traffic from TEXBIRDS is prohibited without seeking
> permission
> > from the List Owner
> >
> >
> >
>
>
> --
> Joseph C. Kennedy
> on Buffalo Bayou in West Houston
> Josephkennedy36@xxxxxxxxx
>
>
> Edit your Freelists account settings for TEXBIRDS at
> //www.freelists.org/list/texbirds
>
> Reposting of traffic from TEXBIRDS is prohibited without seeking permission
> from the List Owner
>
>
>


-- 
Brush Freeman
361-655-7641 Cell
http://texasnaturenotes.blogspot.com/
Finca Alacranes., Utley,Texas


Edit your Freelists account settings for TEXBIRDS at 
//www.freelists.org/list/texbirds

Reposting of traffic from TEXBIRDS is prohibited without seeking permission 
from the List Owner


Other related posts: