Roadside Memorials

Remove Roadside Crosses

Roadside memorials have become so numerous, and so distracting and dangerous, highway officials say, that more and more states are trying to regulate them. Besides the danger they create, when some of these crosses are planted in a concrete or other permanent foundation, those who do so are effectively making a private claim to public property through adverse possession. This runs afoul of the law. Those markers which are not permanently set are considered simply abandoned refuse and can be picked up and taken by anyone who has a mind to. Left unchecked, this practice would eventually leave the highways littered with crosses, flags, flowers, etc. Without touching on the religious nature of most of these memorials, I have already mentioned three reasons for their removal.

More to the point; atheists and other non-christians find them offensive, annoying and depressing. When you do see them, remove them as soon as possible. Every day that they stand gives some motorists the impression that the State condones religious symbols being placed along the road on State property. There is nothing stopping us from taking down these religious symbols.

Now, a few things should be noted here. When you are going to remove these extraneous eyesores, remember to park off the highway in a parking lot, on a side street, or well over on the shoulder. If you will have to walk far along the highway, get yourself an orange hunting vest to wear for your own safety. Be sure you are not venturing onto private property. State property usually does not extend beyond several feet from the shoulder of the road.

Lately, more and more of these crosses are being made of steel and planted in cement making them nearly impossible to remove. The usurpers of public property must be shown that we will not be deterred in righting this wrong. It's time to pull out the big guns. There are two new tools on the market that are well suited to the job. Either one can be carried in the trunk (along with safety glasses and work gloves) and will make short work of rebar, fence post, or even 4" steel bars. Just FROOGLE either of these for the best price:

DeWalt DC410KA 18V Cordless 4.5" Cut-Off Tool Kit.
Approx. $200.00 (6,500 RPM)

Makita BGA452 18V Cordless 4.5" Cut-Off/Angle Grinder Kit.
Approx. $325.00 (10,000 RPM)

The Department of Transportation in your State can take one of four positions on roadside crosses: A) They can provide or erect them for victims' families, in which case a suit should be filed immediately. B) They can sanction them by law (also likely unconstitutional) C) They can ignore the religious memorials erected by families and not remove them. D) They can disapprove of them and remove them.

South Jersey Transit Authority has a policy regarding roadside memorials. It seems the South Jersey turnpike was littered with these memorials and the managing agency found it advisable to deal with the situation by removing them after a period of time.

If you live in a state that is not dealing with the issue properly, use the copy included here to inform the highway department in your area of a fair way to manage this problem.

Status of the law by State:

Alabama - ?

Alaska - permitted for 2 years with some restrictions.

Arizona - Do not remove state or county memorials.

Arkansas - state highway department allows them to remain only a few days.

California - may be removed.

Colorado - Do not remove state or county memorials.

Connecticut - ?

DC - ?

Delaware - prohibits

Florida - only state-sanctioned markers

Georgia - only state-sanctioned markers

Hawaii - ?

Idaho - permitted.

Illinois - ?

Indiana - ?

Iowa - ?

Kansas - ?

Kentucky - ?

Louisiana - may be removed.

Maine - ?

Maryland - prohibits

Massachusetts - prohibits

Michigan - ?

Minnisota - not permitted on interstates or freeways. Only allowed for 6 months on state highways and other roads.

Mississippi - ?

Missouri - prohibits

Montana - ?

Nebraska - ?

Nevada - Only NDOT erected Roadside Memorial Markers allowed for 2 years.

New Jersey - See policy #19:2-5.10

New Hampshire - ?

New Mexico - After I published on this website the fact that I had removed several hundred pounds of roadside memorials in years past, the State has past a law making it a petty misdemeanor to "willfully deface or destroy" these heaps of junk. It is unlikely that this law will ever be enforced let alone result in a conviction so chances are it will not be challenged in the courts. The State of New Mexico knows very well that a challenge would result in invalidating this law but they enacted it as a weapon of fear to gain compliance to their religious dictates in spite of their oaths of office. However, it does not apply to me as I moved on to bigger things years ago. (I did leave a present they've not discovered yet.)

New York - leaves it up to municipalities

North Carolina - prohibits

North Dakota - ?

Ohio - ?

Oklahoma - ?

Oregon - prohibits

Pennsylvania - Leaves it up to individual transportation authority districts. (Southeastern Pennsylvania Transportation Authority "SEPTA" prohibits placement.)

Rhode Island - ?

South Carolina - ?

South Dakota - ?

Tennessee - ?

Texas - only state-sanctioned markers

Utah - prohibits

Vermont - ?

Virginia

Washington - only state-sanctioned markers

West Virginia

Wisconsin

Wyoming - only state-sanctioned markers

Other Countries:

Russia begins to ban memorials - Officials of Chelyabinsk have started to tackle the problem of roadside memorials for car crashes` victims. A project of federal law which can count setting roadside memorials, wreaths or crosses an administrative offense has now been cut out. Deputies of the region are planning to put such memorials under a ban and eliminate the present ones. Moreover, Chelyabinsk`s authorities would like to spread this initiative over other Russian regions and add amendments to the federal law about administrative offenses.

South Africa -

JOHANNESBURG – As mementos for loved ones who lost their lives in accidents continue to pop up along South African roads, warnings have been given that the consequence of this practice could be equally devastating and fatal.

According to the South African National Roads Agency these roadside memorials, including plaques, crosses and wreaths, may pose a safety threat to other motorists traveling on the roads.

“These memorials can be hazardous, they may distract people driving past them, resulting in fatal accidents,” explained the agency’s spokesman Connie Nel.

She said legislation also prohibited the erection of advertisement boards and signs along the national road reserve.

“The agency’s stance is that we allow a time for public mourning, but it is only fair to remove these roadside memorials and tributes afterwards,” Nel explained, adding routine road maintenance operators would alternatively do so after a certain period of time.

She said traffic signs and boards were, on the contrary, “strategically placed to enhance and ensure” road safety.

“If every family who has lost a loved one in an accident erects a cross at the scene, what would our roads turn into?” Nel asked.

Johannesburg metro police spokesman Chief Superintendent Wayne Minnaar echoed the belief that the erection of roadside memorials could result in accidents for passing motorists and road-users.

“An accident can happen in a matter of seconds. It only takes a small distraction, like looking at these memorials, to lose concentration and cause an accident,” he said.

The funniest site yet on roadside crosses.