Oakwood Cemetery Association voted to abandon their cemetery on November 30, 2021. The Association has been running on a negative balance for the past few years and decided to end their ownership. The cemetery will become part of Ballville Township’s responsibility. Ohio’s law remedy for cemeteries when they are abandoned is for the township to take over and maintain it. This is in the Ohio Revised Code 517.27 “Transfer of cemeteries to board of township trustees.” “When a public cemetery in a township is not under the control of a municipal corporation, and the title or control is vested in an association or its board of trustees, or is vested in a religious society, whether incorporated or not, or in its board of trustees, and such cemetery is used exclusively for cemetery purposes, such association, society, or board of trustees may convey such grounds to the board of township trustees and its successors in office….… the board of township trustees shall accept and take possession of the grounds, and take care of, keep in repair, hold, treat, and manage them in all respects as required by sections 517.01 to 517.32, inclusive, of the Revised Code.”
Ballville Township must take the cemetery over and assume the duties and financial burden of the cemetery according to the law. The County Prosecutor, Beth Tischler, is the legal representative for the Township on the transfer of property. The township will not assume responsibilities until all property, titles, records and money is transferred to the Township. The time period for this to happen is unknown. It will be up to the Association to start the process and the probate courts to transfer the deed. The township, in accordance with the law, shall receive all monies and records per the Ohio Revised Code as stated in section 517.27 “When a cemetery association or religious society conveys a cemetery under this section, all cemetery records and funds shall be transferred to the township. Transferred funds shall be used exclusively for cemetery purposes as set forth in section 1721.06 of the Revised Code and any other similar provisions of the Revised Code that require funds to be held in trust for cemetery purposes.”
Once the Township takes ownership and understands the procedures, the Trustees will work on a plan of operation and maintenance for the cemetery. We will keep you informed as things become clearer.
Respectfully submitted,
Bob Kusmer
Ballville Township Trustee, Chairman