Last Updated: 08/18/02

With the guidance of Representative Patricia Lantz, new legislation was introduced into the 1999 Washington State Legislature as House Bill 1951. The legislation was introduced to draw attention to our state's old and abandoned cemeteries.  

Representative Lantz worked with various Washington state agencies and others to ensure the success of the bill.  Several revisions later, all persons involved were in agreement.  To WSCA's pleasure, the new legislation not only contained exactly what was requested, it also contained some additional benefits for researchers and others interested in saving Washington state cemeteries. 

Ultimately, Substitute House Bill 1951 was passed by both the House and Senate by unanimous vote.  On 17 May 1999, Governor Gary Locke signed the bill.  

The new law reads as follows:

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    {+ NEW SECTION. +} Sec. 1. A new section is added to chapter 65.04 RCW to read as follows:

    Any person who has knowledge of the existence of any cemetery, abandoned
cemetery, historical cemetery, or historic grave that has not been dedicated pursuant to RCW 68.24.010 through 68.24.040 may file for recording, in the county in which the cemetery or grave is located, a notice of abandoned cemetery document providing notice of the existence of the cemetery or grave. Such document shall contain the legal description of the property, the approximate location of the cemetery or grave within the property, the name of the owner or reputed owner of the property, and the assessor's tax parcel or account number. The auditor or recording officer shall index the document to the names of the property owner and the person executing the document.

    Sec. 2. RCW 68.24.090 and 1987 c 331 s 34 are each amended to read as follows: Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes, unless and until the dedication is removed from all or any part of it by an order and decree of the superior court of the county in which the property is situated, in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing and proof satisfactory to the court:

    (1) That no interments were made in or that all interments have been removed from that portion of the property from which dedication is sought to be removed.

    (2) That the portion of the property from which dedication is sought to be
removed is not being used for interment of human remains.

    (3) That notice of the proposed removal of dedication has been given {+ in writing to both +} the cemetery board (({- in writing -})) {+ and the office of archaeology and historic preservation. This notice must be given at least sixty days before filing the proceedings in superior court. The notice of the proposed removal of dedication shall be recorded with the auditor or recording officer of the county where the cemetery is located +} at least sixty days before filing the proceedings in superior court.

    Sec. 3. RCW 68.60.020 and 1990 c 92 s 2 are each amended to read as follows:
Any cemetery, {+ abandoned cemetery, +} historical cemetery, or historic grave that has not been dedicated pursuant to RCW 68.24.030 and 68.24.040 shall be considered permanently dedicated and subject to RCW 68.24.070. Removal of dedication may only be made pursuant to RCW 68.24.090 and 68.24.100.