Clarence Green, of Sumter, said his family has been buried in the small cemetery for generations. He is now worried that local businesses are raiding the graves.
SUMTER, S.C. — Chaos at a cemetery is what's happening in Sumter County right now. News19 heard from a man who said his family's graves were being vandalized by a local business. We collaborate on what we discover.
“That's my father there. That's my uncle there. And my grandmother and grandfather are back by that tree,” Clarence Green pointed out. “And everyone here is family too.”
Green recalled when he was a child burying his father in a cemetery that was then surrounded by farmland. Currently, a locally owned furniture store is located right next door. News19 checked online records and found the business owner also owns the land where the store was built in the mid-1990s.
“I know there were other graves here,” Green says, describing the land where generations of family members have been buried. “But now, this is all that's left. And what we're trying to do is preserve what we have in the memory of our ancestors.”
The company agreed to build half a wall to protect the marked graves, which Mr Green said he paid for. Ms Green said she was now concerned about other areas marked with yellow flags to represent unmarked graves.
News19 spoke to the business owner, who declined to be interviewed but spoke about his hesitation. The owners say they don't know if these sites are truly unmarked cemeteries because they haven't been verified.
Online records show the store has been family-owned in the area since 1900, but was only established at its current location in 1995. The owner says that he has not had any problems balancing his family and business with the land.
Business owners say they don't want to build a wall because trucks won't be able to easily access the warehouse unless unmarked graves are identified.
“This is unique, isn't it?” posed local attorney Harriet Lumpkin. “I've been practicing law for 14 years and I've never heard of anything like that. I'm a country person, so it's common to bury relatives on family land, but this is wrong. It's unique.”
Lumpkin owns the Lumpkin Law Firm in downtown Sumter, which has nothing to do with the situation but provided an objective legal perspective on the matter.
“Can a business owner own a cemetery or own property with a grave? Yes. In South Carolina, there is no rule that says you can't bury someone on private property,” Lumpkin explained. . “But what do you do here when we have unmarked graves? Who is in charge? Good question! And the law is never black and white. Always gray. So, is it the family that manages the grave? Who does it? So, there's no clear answer, right? You want to talk things out and come to an agreement. But that's in a perfect world. The world isn't always perfect.”
If you want to extend the wall, you can pay for it yourself, Green said.
“We're not asking them not to spend a penny. We'll take care of everything. And we just want his permission so there's no confusion. '' Green said. “And we also have people who take care of the cemetery and everything else.”
At this point, neither party has said they don't want to pay someone to survey the land for unmarked graves. There, a magistrate can make the final decision in court, Lumpkin said.
“That's why magistrates and their appointed committees end up making difficult decisions,” Lumpkin elaborated. “We have courts and judges and so on to make decisions that humans cannot make.”
Green said she tried to go to court in person but ran into roadblocks.
“The full court said you should hire a lawyer before you do anything,” Green said. “And we don't have money to hire a lawyer. All we want to do is save our family.”
Ultimately, Lumpkin says, you don't necessarily need a lawyer, but, as she explains, “they make things easier.”
“You don't need to hire an attorney in your situation, but it helps if someone knows what the codes and statutes are regarding these types of issues,” Lumpkin elaborated. “So who knows about South Carolina's preservation and cemetery laws? I'm an expert in that, I'm aware of that, and I can help make this difficult process go more smoothly.” I would like to hire a lawyer.”
Lumpkin says there are other solutions as well.
“Graves can be moved. Let's put it that way, right? But you have to identify them and get their permission,” Lumpkin explained. “Typically, those are the municipalities, yes, the municipalities where the land is located. In some counties, they form a committee of three people: someone from the town, someone from the family, someone who owns the property. We talk about this issue. But they have to be done in a certain way because there are conservation laws.”
Lumpkin said if both sides decide to relocate the graves, a legal framework must be followed. Lumpkin said it appears no one has broken any laws at this time. The biggest problem, she says, is deciding who will pay the cost.
“We don't know if the parties are going to split, right?” Lumpkin asked. “It's most important to whom? If I were a landowner, it would be important to me. I don't want to disturb someone's final rest. But in this economy, as a business owner, I don't want to pay unnecessary costs.” I don't want to spend it. So who is responsible? Who can afford it? What will the courts say?
Regardless of how the situation is resolved, Green said she is looking for answers for her family. “Because this is all we have left.”
“Memories,” Green said. “And this is part of our memories.”
Ultimately, Lumpkin said he hopes Green and management can come to an agreement.
“As a Southern girl, a country girl, and a hospitable person, I hope all parties can work together to make the best decision for everyone involved,” Lumpkin said.
News19 reached out to Sumter County Cemetery management and they say they are prepared to survey the land to determine if the plot is an unmarked cemetery once the ground softens.
