Public Cemetery Law and Legal Definition

A public cemetery is one used by the general community, a neighborhood, or a church. while a private cemetery is one used only by a family or a small portion of the community. However, public use rather than ownership determines whether a cemetery is public. In Garland v. Clark, 264 Ala. 402, 405-406 (Ala. 1956), court held that for a place to be called a public cemetery, "The intention of the owner of the land to dedicate it for a public cemetery, together with the acceptance and use of the same by the public, or the consent and acquiescence of the owner in the long-continued use of his lands for such purpose, are sufficient."