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Unmarked Burial Sites Preservation

Kansas state statutes K.S.A. 75-2741 through 75-2754 comprise the Unmarked Burials Act. These statutes protect unmarked burials in Kansas and the human remains and associated objects that come from them. Unmarked burials are those that do not have headstones, are not in demarcated cemeteries, and are not noted in maps, deeds, or other records. The law makes it illegal to disturb unmarked burials and prohibits the possession or display of human remains and associated objects from unmarked burials. Please refer to the statutes and associated regulations for details.

If you find human remains, please contact your local law enforcement agency.

Desecrated and abandoned cemeteries

Cemeteries that are known and marked, yet abandoned are addressed by several laws that describe who is responsible for them (K.S.A. 80-916, 19-3106, and 17-1366). Typically they are the responsibility of the township or county government.

Other Cemetery Protections

K.S.A. 21-6205 prevents the desecration of any tomb, monument, memorial, marker, grave, vault, crypt gate, tree, shrub, plant or any other property in a cemetery.

K.S.A. 12-1441 prevents the use of any cemetery or burial ground from being used for dumping grounds, building sites, playgrounds, place of entertainment or amusement, public parks, athletic fields, parking grounds, or any purpose other than for burial or other intended cemetery purposes.

For more information, please contact the State Archeologist at 785-272-8681, ext. 269.