Hello fellow researchers... I just rec'd this on another mailing list and it makes me wonder What are My State's laws and guidelines for cemetery removals!! This is rather lenghty however it Should be of interest to ALL of us!! Carolyn Here it is: If you are interested in the outrageous (and legal) removal and destruction of old cemeteries, please read the newspaper article from Indiana (shown below the addresses). If you are compelled, as I was, to write I have provided the addresses. I spent quite a bit of time looking up all the folks mentioned in the news article. I will be writing and sending cc:'s to all the addresses below. Maybe letters to the editor of the Star & News would also help. Cindy Palmer <palmerv@earthlink.net> NEWSPAPER ARTICLE Margy Miles wrote: > The Death of a Cemetery > Wayne Township graveyard destroyed for warehouse shows final resting > places aren't so final under state law. > > By Bill Shaw > Indianapolis Star/News > INDIANAPOLIS (Aug. 22, 1998) -- Sometime in 1844, James Rhoads, a > prominent Wayne Township farmer, died. He was 70. His family members > and friends buried him in a grove of walnut trees on a hill > overlooking a little creek. > > It was the first burial in what would become Rhoads Cemetery. During > the next half-century, 43 members of the Rhoads, Foltz, Shute and Rude > families would be sent to eternity in the walnut grove. > > The tiny cemetery was the scene of extraordinary grief over the years > as members of the four families repeatedly journeyed in horse-drawn > wagons across the sweeping fields and up the lonesome hill to bury > their children. > > Thomas B. Rhoads was 7 months old in August 1849 when he died of an > inflamed brain. Elmer Shute was 2 when he died of a bowel infection in > August 1859. Hiram Foltz was an infant. George Foltz was 1. Lillian > Rhoads was 2 and died of whooping cough on Aug. 13, 1878. Casey Rhoads > died of an inflamed brain when he was 2. Emma Rude died at 18 months. > > On and on they died until there were 35 children buried in the > peaceful cemetery on the hill. > > By the dawn of the 20th century, the burying ceased as the four > families either died out or drifted away from southern Wayne Township. > Nobody paid much attention to the old cemetery anymore. > > The cemetery and surrounding farmland changed owners several times. > Each new owner farmed the fields and tended the old cemetery out of > respect for earlier generations of Hoosier families. The farmers could > have knocked down the trees, plowed under the tombstones, planted corn > on the graves and made a few more dollars at harvest. > > But they didn't. > > The pace of change in Wayne Township picked up dramatically in 1931 > when the Indianapolis airport opened on 900 acres, gobbling up > farmland and triggering a development explosion in western Marion > County. > > Still, the land around the old cemetery remained untouched, save for > the annual spring plowing. The burying ground remained unmolested, > decade after decade, hidden on the hill in a 60-foot-wide opening in > the walnut grove > > Danny J. White grew up in the Lafayette Heights neighborhood, just > south of the cemetery. In the 1970s, the field around the cemetery > served as a dirt bike track for White and his teen-age buddies. He > crossed it many times walking to Ben Davis High School. The old > dead-end dirt road served as a teen-age lovers' lane. Neighborhood > families held picnics beneath a massive, gnarled oak tree just east of > the cemetery. > > White, 41, is a tool and die maker and an Indy Racing League mechanic. > He helped fabricate the car Eddie Cheever drove to victory in the 1998 > Indianapolis 500. > > Every day driving to work along I-465 near the airport, he'd glance to > the east through the sprawl of hotels, office buildings, warehouses, > parking lots, gas stations and fast food joints, and take comfort that > the solitary hill and the dark grove of trees remained in this mass of > concrete and asphalt. > > "Even when I was a kid the cemetery and the area surrounding it was > breathtaking," he recalled. > > In the name of development > > By 1995, the fields that stretched to the horizon when James Rhoads > was buried so long ago had shrunk to 21.2 acres. > > Now jet planes scream overhead, and the rumble of nearby I-70 and > I-465 is constant. Cement trucks and construction equipment line the > old lovers' lane, and new buildings seem to appear daily, landscaped > with skinny stick trees, surrounded by acres of asphalt. > > One day about 18 months ago, Danny J. White was driving to work and > glanced toward the familiar hill and the concealed cemetery. He was > startled to see it surrounded by yellow trucks, graders, backhoes and > dirt scrapers. > > He raced immediately to the cemetery and felt his stomach heave. The > tombstones were gone. There were ugly gashes in the earth. The big > yellow machines had pulled the graves from the earth. > > "It was sickening," he recalled. He was furious. He made dozens of > phone calls and fired off angry letters to an assortment of government > officials seeking an explanation. > > He got one. > > It was all quite legal, according to state officials. Now go away and > quit bothering us, Danny J. White. > > He wondered how such an abomination could occur in conservative, > family-values Indiana where, he, like most Hoosiers, was raised to > respect the dead and revere their hallowed, final resting place. > > "How did this happen?" he asked. "You don't mess with graves." > > Well, here's what happened, Danny. They do mess with graves. > > James Rhoads, Thomas, Henry, Casey, Elmer and the other children and > eight adults who rested more than 150 years in the safety of the > walnut grove became the property of Duke Realty Investments Inc. > > Duke, which owns or manages 60 million square feet of real estate in > eight states, bought the 21.2 acres and the 360-square-foot cemetery > in 1995. > > "We purchased the land for development purposes," explained Donna > Coppinger, the helpful vice president of marketing for Duke. "We > couldn't develop a site with a cemetery on it." > > Why? > > "It wasn't what we wanted to do," she said. > > Duke will soon level the hill and build a 458,000-square-foot bulk > distribution warehouse on the 21.2 acres, obliterating the > one-tenth-acre Rhoads Cemetery. > > It's legal > > Nearly two years ago, after they bought the land Duke hired an > archaeology company called NES Inc. in Blue Ash, Ohio, and together > they filed the necessary forms with the Indiana Department of Natural > Resources Division of Historic Preservation and Archaeology to dig up > the Rhoads, Foltz, Shute and Rude families. > > State laws, which are made by the 150 members of the Indiana General > Assembly with extensive guidance from corporate lobbyists, allow > property owners to demolish old cemeteries they find on their land. > Throw away the tombstones, plant corn or build a warehouse on the > graves. It's legal. > > DNR's chief archaeologist Rick Jones is monitoring the Duke > demolition. He said his agency issues about 10 cemetery relocation > permits a year. How many cemeteries simply are destroyed, he doesn't > know. "We have no way of knowing," he said. > > But throwing away tombstones and paving over graves doesn't require a > permit. Just do it. It's legal. In fact, old tombstones often end up > in flea markets. > > "Most people think cemeteries are forever," Jones explained slowly and > uncomfortably. This is not a topic most state officials enjoy > discussing. "In Indiana, cemeteries are not forever. If you own the > property, you can bulldoze them down. Basically, in Indiana, nothing > is sacred." > > Digging into graves and moving them does require some paperwork, > except for farmers who are exempt from even that minor inconvenience. > > "Farmers can just throw away the tombstones and plow up the graves," > said Jones. "And they do. The Indiana Farm Bureau got the legislature > to exempt farmers." > > A couple years ago, DNR proposed a bill to offer some mild protection > for old pioneer cemeteries. Corporate lobbyists smothered the bill in > committee, and it never received even token consideration. > > The end of Rhoads > > Anyway, Duke's cemetery demolition project proceeded under DNR Digging > Permit 960062. > > NES Inc. archaeologist Jeannine Kreinbrink directed the removal of > "remains," once known in another life as James Rhoads, Elmer, Thomas, > Casey and others. > > Kreinbrink, who now works for Natural and Ethical Environmental > Solutions Inc. of Liberty Township, Ohio, did not return phone calls. > > She did submit a preliminary report, as required, to the DNR's Rick > Jones. > > It's a haunting document, complete with photographs of the "remains." > In many cases, much remains of the remains, like the perfectly > preserved bones of little children, their arms crossed, lying in tiny > hexagonal coffins. Pieces of shoes and clothing remain. > > The report also contains a diagram of each grave's location, the shape > of the coffin and what was in it. Each former person is identified by > a letter and a number. > > For example, C-2 was the "well-preserved remains of an adult. Sex > unknown. Head to west. Arms at side." > > B-10 contained the "well-preserved remains of an adult. Arms folded > with hands over waist." > > Mr. D-1 was obviously a wheat farmer because he was buried with a > wheat scythe and a small plate. > > Infant D-6 was buried beneath 2.8 feet of dirt in a decorative metal > coffin called a sarcophagus with a glass viewing window. > > E-7 was an older adult male with an engraved tulip on his coffin and > the words "Rest In Peace." > > A-1 was the "poorly preserved remains of an infant, sex unknown. Few > scattered post cranial remains." > > B-1 was an "adult female 20-35 years. Well-preserved remains." > > And on it went in graphic detail. Most people were buried under only 2 > feet of dirt, symbolically facing the setting sun, the western > horizon. > > "I feel a connection with these people," Rick Jones said quietly, > flipping through the depressing document. "You feel something looking > into a child's grave after 150 years. These are people that used to > live, walk around and breathe. We're literally looking into the past > and I feel a profound sense of respect." > > He paused, blinked a couple times. > > "This is a serious thing." > > Once Elmer and the others were dug up, labeled with numbers and > letters, they were shipped to anthropologist Stephen Nawrocki at the > University of Indianapolis on the Southside. > > He was hired by Duke under terms of digging permit 960062, which > required an "osteological" investigation by an anthropologist. That is > a study of the bones and "artifacts" for historical significance. > > "I haven't been cleared by Duke to discuss this with reporters. I'm > just a sub, sub contractor," said Nawrocki. Jeannine Kreinbrink called > and told him not to talk, he said. Her firm is paying his fees. > > When will your report be done, doctor? > > "I don't know." > > Once his report is complete, DNR will either order Duke to rebury the > "remains" somewhere else or they will "be kept in a lab for future > study," said Jones. > > Last December, Blair D. Carmosino, Development Services Director, Duke > Construction Inc., fired off a stern letter to DNR officials. > > "Duke's schedule for construction start-up in this project area is > rapidly approaching, so it is imperative that the (DNR) properly issue > a clearance letter for this project area." > > Part of the reason for delay was DNR's displeasure with Jeannine > Kreinbrink's preliminary report. Jon C. Smith, director of DNR's > Division of Historic Preservation and Archaeology, found about 40 > points in her report he wanted explained, corrected or expanded upon > -- like what did Duke plan to do with the "unwanted" headstones they > dug up? > > On July 22, DNR issued a conditional permit to begin "ground > disturbing activities" but demanded an archaeologist be present in > case additional "human remains" are uncovered. > > "We'll probably start drainage work and soil things soon," said Donna > Coppinger, the Duke marketing person. "Site preparation before winter > means if we can get the site ready, we construct our industrial > warehouse product this winter. The building will be 1,032 feet long > and 440 feet wide." > > This is good news? "It is good news. We're good corporate neighbors," > she said. > > Property of Duke > > The other day Danny J. White visited the old cemetery one last time > before the ancient walnuts and solitary oak are bulldozed, the hill > flattened and the "final" resting place for 35 kids and eight adults > is erased from the face of the earth. > > He hiked through the alfalfa field, brimming with buzzing bees, > butterflies and summer wildflowers and up the hill. He rummaged around > through the dense brush at the edge of the cemetery. Day lilies > planted 150 years ago around the graves still flourish. > > "Look what I found," he said suddenly, emerging from the brush with > the broken top half of a tombstone bearing the words "WIFE OF JAMES > RHOADS. DIED." He found it in a bulldozed pile of dirt between two old > tires, beer cans and soda pop bottles. > > What to do? Surely the DNR would want Mrs. Rhoads' broken tombstone. > It couldn't be left in the pile of tires and broken glass. Somebody > might steal it. It might be demolished in "site preparation." It could > be lost forever, a historic treasure, the last poignant symbol of a > person's life, sacrificed on the altar of economic development and > corporate neighborliness. > > A quick phone call to DNR research archaeologist Amy L. Johnson > provided the answer. > > "Put it back," she said firmly. > > What? > > "Put it back," she said again. > > Why? > > "It belongs to Duke. It is their property." > > James Rhoads' wife's name was believed to be Hannah, and she died on > July 24, 1849, at age 85. Her husband, remember, was the first person > buried in the cemetery in August 1844. > > Her broken tombstone, which was carefully placed in the Hoosier soil > during solemn, no doubt tearful, ceremonies 149 long summers ago, was > returned to the pile of bulldozed dirt, tires, broken glass, beer and > pop bottles. > > It belonged to Duke. > > It's the law. ************************************************************** I received the following through one of my Rootsweb lists and thought it would be of interest to others....... I can hardly bear to think how common this story might be. It profoundly saddens me. ......Nancy ------------------------------------------------------------------------ ADDRESSES for People involved with the cemetery removal story: Bill Shaw, Writer Indianapolis Star & News 307 N Pennsylvania St, Indianapolis, IN 46204-1811 (765) 457-6712 Department of Natural Resources (3 individuals were mentioned in news) Jon C. Smith, Director of Division of Historic Preservation and Archaeology Rick Jones, Chief Archaeologist Amy L. Johnson, Research Archaeologist Indiana Department of Natural Resources 402 W Washington St # W256, Indianapolis, IN 46204-2739 (317) 232-4020 Duke Realty Investments Inc. (2 individuals were mentioned in news) Blair D. Carmosino, Development Services Director Donna Coppinger, Vice President of Marketing Duke Realty Investments Inc. 8888 Keystone Xing #1200 Indianapolis, IN 46240-4621 (317) 846-4700 NES Inc. 11400 Grooms Road Cincinnati, OH 45242-1417 (513) 247-800 Stephen Nawrocki, Anthropologist University of Indianapolis 1400 E Hanna Ave, Indianapolis, IN 46227-3697 (317) 788-3368 Central Indiana Farm Bureau 1530 W Epler Ave, Indianapolis, IN 46217-9681 (317) 783-2311 Central Indiana Farm Bureau 229 Muessing Rd, Indianapolis, IN 46229-2807 (317) 894-3311 Indiana Farm Bureau Incorporated 225 S East St, Indianapolis, IN 46202-4058 (317) 692-7851 Indiana Farm Bureau Svc 225 S East St, Indianapolis, IN 46202-4058 (317) 692-7838 I could not find addresses for the following: 1) Jeannine Kreinbrink, archaeologist now works for Natural and Ethical Environmental Solutions Inc., Liberty Township, Ohio. 2) Indiana General Assembly 3) Danny J. White