Procedure

Under , the Commission
cannot
condemn property used, and dedicated to be used, as a cemetery pursuant to . To ensure sensitive and legal treatment of cemeteries within TxDOT right of way, TxDOT will:
  • Avoid cemetery impacts wherever possible.
  • Identify cemetery locations as one type of cultural resource that may be affected by proposed transportation improvements.
  • Perform archeological investigations for cemeteries only when proposed transportation activities will impact a known or suspected cemetery and that cemetery is believed to be over 50 years old.
  • Consult with the cemetery association and living descendants and carry out their recommendations in the care and treatment of these properties, where possible.
  • Conform to state law concerning the maintenance, excavation, and removal of cemeteries and human burials.
  • Ensure that reburials are made in a cemetery designated by known descendants, in a cemetery of the decedent's known religion, or in a local cemetery having available space, if no preference is indicated.
  • Erect a monument at the place of reburial indicating the source and date of reburial.
  • Not allow public exhibition of human remains or photographs of human burials.