Grave Concerns: The Complexities of Being Buried on Private Land
By Cassandra Kyser
Calhoun County Phoenix
The customs and traditions around death and dying are rapidly changing. Funerals and burials are no longer cookie-cutter processes, but personalized and deeply individual experiences. One emerging trend is the desire to be buried on privately owned land.
Calhoun County has wide tracts of farmland and a high rate of property ownership, making it the perfect place for private burial sites. But is it legal to be buried on your own property?
Iowa does not have a law banning burials on private property, so regulation is up to individual municipalities. Calhoun County allows private burials by default, as there are currently no zoning ordinances that flat-out prohibit it.
Being buried on family land sounds serene and peaceful, but could be anything but for municipalities and surviving family members. Legally, this is a grey and mostly untested area, opening the door to many questions: Do property owners have to allow visitors access to private burial sites? What happens when the land that a burial site is on is sold? How are private burial sites taxed? The answers to these questions are somewhat hypothetical, definitely complex, and potentially messy. We turned to some local professionals for insight.
Mike Moeller, Assistant to Calhoun County Engineer/Zoning, says his office has received two or three recent requests for information about private burials, but no one has official plans in place. He is aware of a burial site on farmland that was done many years ago. If that land were to ever be sold, Moeller said the responsibility to maintain the burial site could, at least in theory, roll to the county.
The Iowa Cemetery Act states, “A governmental subdivision having a cemetery, or a burial site that is not located within a dedicated cemetery, within its jurisdiction, for which preservation is not otherwise provided, shall preserve and protect the cemetery or burial site as necessary to restore or maintain its physical integrity as a cemetery or burial site.” Having to maintain scattered burial sites throughout the county could prove to be a logistical and financial headache.
Even if a property stays in the family in perpetuity, it may not be smooth sailing. Families should take note that The Cemetery Act grants individuals “reasonable ingress and egress for the purposes of visiting the burial site of the person’s relative,” even on privately owned property.
The Act has a broad definition of relative, including one’s “great-grandparent, grandparent, father, mother, spouse, child, brother, sister, nephew, niece, uncle, aunt, first cousin, second cousin, third cousin, or grandchild connected to a person by either blood or affinity.”
Property owners could have the legal obligation to grant access to a long-lost relative they don’t know — or a relative they know quite well and don’t like. And the door is wide open for what constitutes “reasonable” visits to the property.
County officials aren’t the only ones getting inquiries about private burial sites. Brie Moore, Office Manager and Intern Funeral Director at Laufersweiler Funeral Home & Cremation Services said that she’s had people ask about being buried on private land, but so far no one has gone through with it. “That’s not saying we wouldn’t do everything we possibly could to make it happen,” she added.
Dana Morris, Funeral Director at Lampe & Powers, handled one private property burial in a nearby county, saying, “It was a cremation. They were buried on their family farm.” He said when the family registered the land with the county, he understood that it created tax implications. Private burial sites can remove or reduce the tax burden on the land — a pro for the family but a con for the county.
Anyone planning a private burial for themself or a loved one should be aware that there are other laws about death and the handling of a body. For example, in Iowa, it’s a misdemeanor to transport a dead body without the proper permits.
And if someone dies at home, they can’t just be buried in their yard without any oversight. For any death in Iowa, a death certificate must be signed by a physician, a physician’s assistant, an advanced registered nurse practitioner, or a medical examiner.
It remains to be seen if private burial sites continue to fly under the radar, become commonplace, or are altogether banned in Iowa.