Document Type
Article
Publication Date
3-2016
Journal Title
Environs: Environmental Law and Policy Journal
ISSN
0193-6387
Abstract
This Article discusses the cemetery access easement and access agreements under the lens of an emerging modern theoretical approach—the Social Morality Theory of Property Law. Part II reviews the history of public and private memorials in Texas, preservation efforts of nineteenth-century cemeteries, and other significant Texas historical sites. Part III discusses the cemetery access easement under current Texas law and regulatory schemes. Part IV discusses the obstacles of awareness and access as the greatest threats to the current and future status of nineteenth-century Texas family cemeteries on rural private land. Finally, Part V proposes incentives, approaches, and recommendations to strengthen Texas cemetery access easement law in order to facilitate the preservation of nineteenth-century Texas family cemeteries on rural private land.
First Page
173
Last Page
202
Num Pages
30
Issue Number
2
Publisher
University of California - Davis
Recommended Citation
J. D. Tom,
Easement Come, Easment Go - The Cemetery Access Easement: The Exemption to the Right to Exclude Whose Time Has Come to Facilitate the Preservation of Nineteenth-Century Texas Family Cemeteries,
39
Environs Envtl. L. & Pol'y J.
173
(2016).
Available at:
https://scholarship.law.tamu.edu/student-scholarship/32