Even The Dead Are Not Spared The Ignominy Of Foreclosure

The Sunset Garden cemetery in Carlsbad City is a private one in Eddy County. It is a typical example of even the dead not being spared the ignominy of foreclosures. Due to lack of funds things had come to a halt and the city as well as the county was reluctant to take steps to move in. However the differences have been resolved with an agreement on sharing initial and operating costs. For the time being with the permission of the court and the nod from the plaintiffs the cleaning up work has been started with the hiring of contractor Mark Walterscheid.

Generally governments cannot enter and operate in this way in any private property. It would put the government in a fix relating to anti-donation law. But there are exceptional circumstances in which the rule can be waived when any problem relating to public safety and health arises. The present condition of the cemetery justifies interference from the authorities. The roof of the building in the cemetery has fallen off and debris is littering the approach. Recent heavy showers have led to the growth of tall grass that has covered the tombstones. Family members are having difficulty locating the graves of their dear ones. Without knowing many are walking over the tombs.

This order granting permission to the city and government to enter the grounds will enable it to be cleaned up. Judge Rutledge noted in his order, The neglect of the subject property, which is a cemetery, adversely affect the health, safety and general welfare of the public in that the uncontrolled growth of the plants and weeds created a breeding ground for insects and rodents, and the unsightly and undignified appearance of a cemetery is a significant disturbance to the public as well, and to the families and persons interred at the cemetery.

City Mayor Bob Forrest and administrator Harry Burgess had inspected the cemetery and were shocked to see its condition. Ned Elkins a councilman said, Before we went out there, the mayor warned me not to over-react at what I would see. I don't think anyone of us would think of walking away from this.
Later Forrest and Burgess found the records of the cemetery kept in an unsecured manner. The court then signed another order allowing the city to take charge of the records and keep it safely till the time of the sale of the property.
Forrest explained that Sunset Cemetery does not generate income. The city subsidizes the costs with an annual grant of about $200,000. It has plenty of attractive features and has all the potential to be one day a showcase cemetery. Of course this would require a lot of work.