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Cemetery case puts property rights issue before high court

SCOTT TOWNSHIP — Rose Mary Knick makes no bones about it. She doesn’t buy that there are bodies buried on her eastern Pennsylvania farmland, and she doesn’t want people strolling onto her property to visit what her town says is a small cemetery.

Six years ago, however, Knick’s town passed an ordinance that requires anyone with a cemetery on their land to open it to the public during the day. The town ordered Knick to comply, threatening a daily fine of $300 to $600 if she didn’t. Knick’s response has been to fight all the way to the U.S. Supreme Court, which heard arguments in her case Wednesday.

“Would you want somebody roaming around in your backyard?” Knick asked during a recent interview on her Lackawanna County property, which is posted with signs warning against trespassing.

Her neighbors in Scott Township, the Vail family, say they just want to visit their ancestors’ graves.

The Supreme Court isn’t going to weigh in on whether there’s a cemetery on Knick’s land. Instead, it’s considering whether people with property rights cases like Knick’s can bring their cases to federal court or must go to state court, an issue groups nationwide are interested in.

Knick, 69, says her town’s ordinance wouldn’t protect her if people injure themselves on her land and sue. And she says if the town is going to take her private property and open it up, they should pay her. She says she believes that the town was trying to make an example out of her for questioning lawmakers’ decisions.

Knick, who has lived on her 90-acre property since 1970, says nothing on her property title indicates there is a cemetery on her land. She says she’s never seen any gravestones or other evidence of a cemetery there.

But Knick’s neighbor Robert Vail Sr., 85, says Knick knows exactly where there’s a cemetery on her land. Vail’s family has lived in the area since the early 1800s and he says it’s his relatives, at least half a dozen of them, who are buried there. He has a list of them, prepared decades ago by a local historian, and pictures of some gravestones.

Vail asked town officials years ago for help getting on to Knick’s land, and they drew up the ordinance that passed in 2012. There’s now also a narrower state law on families’ access to cemeteries that may apply to her, too.

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