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I want to know if there is any law preventing the taking of…

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I want to know...

I want to know if there is any law preventing the taking of photographs of cemetery plots including headstones in Greeley Colorado

Lawyer's Assistant: Have you talked to a CO lawyer about this?

No are you working with one?

Lawyer's Assistant: What steps have been taken so far?

None just doing some ground work

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Found photos of family members on Find A Grave requested they be removed but to no avail. Poster states he or she took 6000 photos over 3 month period at private cemetery.

Submitted: 4 months ago.Category: Legal
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Answered in 18 minutes by:
3/15/2018
Lawyer: Gerald, Esq, Lawyer replied 4 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,366
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Lawyer: Gerald, Esq, Lawyer replied 4 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Cemeteries (both public and private) are under the control of the private entity that owns it or the governmental entity that owns it.

That entity has the sole right to determine what if any photographs may be taken in the cemetery. It is the cemetery's property. The photographer must obtain permsiion to enter and take photographs OR they may be guilty of trespassing.

Unfortunately, the family of the deceased have no standing to sue the photographer on their own accord. Technically, the plot is not "owned" by the family of hte deceased, the purchased plot is not deeded land, but rather the right to use the plot.

The cemetery may be able to pursue this for (if they desire to do so). You may wish to contact the owners of the cemetery.

I am sorry if this is not what you had hoped to hear. I would not want to misleead you.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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