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