Article II -Abandoned Public Cemeteries in Possession and Control of Henderson County

46-8. Access.
  1. Any of the following persons may request access to any property owned or controlled by Henderson County to discover, restore, maintain, or visit an abandoned public cemetery:
    1. A descendant of the person whose remains are reasonably believed to be interred in the grave;
    2. A descendant's designee; or
    3. Any other person who has a special interest in the grave or abandoned public cemetery.
  2. Such request shall be made to and may be granted by the County Manager or his/her designee.
46-9. Denial of Access.

In the event a request made in accordance with §46-8 above is denied by the County Manager or his/her designee, the person making the request shall proceed in accordance with N.C.G.S. 65-101 and N.C.G.S. 65-102. There shall be no appeal to the Henderson County Board of Commissioners, and the County Manager, or his/her designee, shall be authorized to appear on behalf of Henderson County in any proceeding brought in accordance with N.C.G.S. 65-101 and N.C.G.S. 65-102.

46-10. Duties and Responsibilities

The Henderson County Manager, or his/her designee, shall have the following duties and responsibilities pursuant to this Part 1:

  1. Receive applications submitted pursuant to §46-7.
  2. Review and make a recommendation to the Board of Commissioners regarding whether the cemetery which the Board of Commissioners is requested to assume possession and control over is an abandoned public cemetery as defined by this Part 1.
  3. Submit to the Board of Commissioners for addition to or deletion from, as appropriate, the list prepared and maintained pursuant to §46-5 above any cemeteries which are required by §46-5 to be added to such list.
  4. Submit the list, and additions to or deletions from the list prepared and maintained pursuant to §46-5, to the North Carolina Secretary of State on behalf of the Board of Commissioners.
  5. Receive and respond to requests for access to abandoned public cemeteries which are in the possession and control of Henderson County pursuant to §46-8; participate on behalf of Henderson County in proceedings brought under N.C.G.S. 65-101 and N.C.G.S. 65-102.
46-11. Through 46-20. (Reserved)