Opinion No. (1981)

REQUESTED BY: Jerry McDole, Webster County Attorney, Red Cloud, Nebraska Do counties have a mandatory duty to care for and maintain abandoned cemeteries?

No.

You have asked whether a county has a duty to care for and maintain abandoned cemeteries. Neb.Rev.Stat. § 12-805 (Reissue 1977) provides that:

The county board may expend money from the general fund of the county for the care and maintenance of each abandoned and neglected cemetery and Indian burial ground as follows: (1) Not to exceed three hundred fifty dollars in any one year when the cemetery is totally abandoned; or (2) not to exceed…