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The Harlan County Fiscal Court heard from a representative of the Kentucky Transportation Cabinet concerning a family cemetery which must be moved for an upgrade project to begin on a section of U.S. 421 at the Kentucky/Virginia state line.
Harlan County Judge-Executive Dan Mosley called on Orie Dobson from the Kentucky Transportation Cabinet to advise the magistrates on the matter.
“He is here to discuss somewhat of a somber issue this morning as it relates to the 421 project near the Virginia line,” Mosley said. “The project of course is moving forward, but there is something that requires action by the Fiscal Court.”
Dobson told the magistrates there is a family cemetery located between Cranks and the Virginia state line which will require disinterment and reinterment of approximately 17 graves.
“This is necessary because some of the cuts that are going to be made to the hillside are in that vicinity,” Dobson explained. “It’s been a while since we’ve had to do that here in Harlan County, so it may be that none of you are familiar with how that process works. I will be happy to answer any questions related to this today. We do not come at this without regard for the families who have people up there.”
Dobson advised the magistrates he had brought a map showing the location of the cemetery.
“The cemetery that is in the situation here – approximately 17 graves – Mr. Dobson indicated to me there hasn’t been anybody buried there in years.”
Dobson noted it has been at least 10 years since anyone had been buried at the location. He added the cemetery is difficult to reach, only accessible by foot or off road vehicle.
“If you’re going toward Virginia, it will be on the left,” Dobson explained.
Magistrate Paul Browning pointed out since the cemetery isn’t being maintained, it was likely a family cemetery and not public. Dobson confirmed, stating all graves will be moved to a perpetual care cemetery.
“Unless a family member steps forward, all graves will be reinterned at Resthaven, which is a perpetual care cemetery,” Dobson said.
Magistrate Jim Roddy asked for the family name of the cemetery occupants. Dobson advised most of the deceased shared the name Kirk.
Mosley stated the move is necessary for the U.S. 421 project to take place. He read a resolution authorizing the relocation.
“This is a resolution authorizing the removal and relocation of the cemetery known as the Kirk Cemetery,” Mosley read. “All the graves in said cemetery have been left unattended for a period in excess of 10 years; the Transportation Cabinet proposes to remove said cemetery and any and all graves located herein and relocate to the Resthaven Cemetery…at all of the Transportation Cabinet’s expense.”
Mosley said the matter will be publicized.
“There will obviously be some public advertisement to give folks the opportunity to comment,” Mosley said. “The requirement pursuant to the law is that it has to be reinterned to a perpetual care cemetery, which is why Resthaven was selected.”
Dobson said family members could request the graves be moved elsewhere provided they assume the responsibility for grave maintenance.
“If no one comes forward…they will all go to Resthaven,” Dobson said.
Magistrate Jim Roddy made a motion to approve the resolution, seconded by Magistrate James Howard. The motion passed unanimously.