The following was posted on the Grant County Indiana mailing list. What can those of us who live outsisde the state of Indiana do to help preserve the cemeteries? Charlotte Lucas - Outraged in Oklahoma Connie Brubaker wrote: > > The following is a letter in regards to legistation now in front of the > State about the preservation of Pioneer Cemeteries in Indian. Please > read!!!!! We must take this to the end!!!!!!! > Connie Brubaker > Wells Co IN > > Resent-Date: Fri, 12 Feb 1999 21:04:11 -0800 (PST) > >From: "Lois Mauk" <lawofficeinformationsystem@worldnet.att.net> > >Old-To: "INPCRP" <INPCRP-L@rootsweb.com> > >Date: Sat, 13 Feb 1999 00:13:02 -0500 > >X-MSMail-Priority: Normal > >X-MimeOLE: Produced By Microsoft MimeOLE V4.72.3110.3 > >Subject: [INPCRP-L] My Worst Fears Have Been Confirmed > >Resent-Message-ID: <"PvrirD.A.RBB.IfQx2"@bl-14.rootsweb.com> > >To: INPCRP-L@rootsweb.com > >Resent-From: INPCRP-L@rootsweb.com > >Reply-To: INPCRP-L@rootsweb.com > >X-Mailing-List: <INPCRP-L@rootsweb.com> archive/latest/592 > >X-Loop: INPCRP-L@rootsweb.com > >Precedence: list > >Resent-Sender: INPCRP-L-request@rootsweb.com > >X-UIDL: c6cb2eb6963f37d308fb78f8f714db9c > > > >I talked with someone this afternoon who confirmed my worst fears about the > >legislation pending before the 1999 General Assembly. It seems our esteemed > >Legislators think we are idiots! > > > >Admittedly, they are establishing some good standards for those situations > >where moving a grave or graves is the lesser of two evils -- allow the site > >to be abandoned, neglected, abused and obliterated OR move it. In such a > >situation, I can begrudingly accept the second option. Many of us are of > >the opinion that a grave should NEVER be moved, rather it should be > >preserved where it sits. Naturally that is ALWAYS preferable, without > >question, but I don't know if it is possible in this day and age. > > > >HOWEVER, something I have not said much about out loud is the fact that the > >proposed legislation (specifically the much-touted HB 1522 ["Cemetery > >preservation"]) STILL GIVES ANYONE INVOLVED IN ANY FORM OF AGRICULTURE OR > >SURFACE COAL MINING EXEMPTION FROM THESE REQUIREMENTS!!!! > > > >That was my impression based on my repeated readings of the statutes, but I > >did not trust my own judgment. Apparently I was correct. > > > >I want to know by what right the State deems it "appropriate" for ANYONE to > >plow, cultivate, pasture, graze or blacktop a cemetery. > > > >They are giving us a bunch of lipservice, telling us privately how outraged > >they are that these abominations are happening on a regular basis and, > >almost in the same breath, winking at the big-money farming and mining > >lobbies, as if to say, "We'll give them a little something and they'll shut > >up. Don't worry! You'll still have the RIGHT to destroy cemeteries if they > >are a nuisance for you." > > > >I distinctly remember, either at the Senate hearings on 1/27/99 or the > >abbreviated House hearing on 2/8/99, one of the bill sponsors standing at > >the podium rattling off the list of affected entities and saying something > >to the effect of, "I can't imagine any individual or entity not covered > >under this bill." > > > >Quote from HB 1522: > > "SECTION 2. IC 35-43-1-2.1 IS ADDED TO THE INDIANA > > CODE AS A NEW SECTION TO READ AS FOLLOWS > > [EFFECTIVE JULY 1, 1999]: Sec. 2.1. (a) This section > > does not apply to a person who acts in a proper and > > acceptable manner as authorized by IC 14-21 or IC 23-14." > > > >The same exemption is in HB 1588 (the mirror of SB 280). > > > >Indiana Code 14-21 is the DIVISION OF HISTORIC PRESERVATION AND ARCHEOLOGY > >statute. It states at Chapter 1, Sec. 24. (a): > > > > (a) As used in this section, "agricultural purpose" includes > > farming, dairying, pasturage, agriculture, horticulture, > > floriculture, viticulture, ornamental horticulture, > > olericulture, pomiculture, animal husbandry, and poultry > > husbandry. > > > > NOTE FROM LOIS: "Pasturage" is using land to graze > > horses, cows, etc. "Horticulture" is the cultivation of > > gardens or orchards. "Floriculture" is the cultivation of > > flowering plants. "Viticulture" is the cultivation of the > > vine; grape growing. "Olericulture" is the cultivation of > > vegetables and herbs. "Pomiculture" is the cultivation > > of fruit. > > > > (b) Sections 25, 26, 28, and 29 of this chapter do not apply > > to the following: > > (1) Surface coal mining regulated under IC 14-34. > > (2) Cemeteries and human remains subject to IC 23-14. > > (3) Disturbing the earth for an agricultural purpose. > > (4) Collecting any object other than human remains that > > is visible in whole or in part on the surface of the ground, > > regardless of the time the object was made or shaped. > > > >As I read this, it means that if I am involved in any form of agriculture or > >surface coal mining and I have a piece of property in the State of Indiana > >with a cemetery on it, I have the "RIGHT" as a property owner to destroy all > >visible evidence of said burial site through either active or passive means. > > > >By "active", I mean bulldozing it, plowing it, etc. By "passive", I mean > >running cattle, horses or pigs in it; turning it into a feed lot or pig sty. > >By either means, the all evidence of the cemetery is quickly and > >irretrievably destroyed. The impediment to development (meaning the > >graveyard) is then "gone" and the property is now "ripe for development". > >Viola! > > > >Think through this scenario: > > > >I own a piece of property. There is an old cemetery on it. I plant a > >philodendron in the middle of the cemetery and call it "ornamental > >horticulture" or I bury a grape and call it a vineyard or I turn cattle lose > >in it and call it pasturage. By the clear and simple language of the > >existing statute AS WELL AS the proposed legislation, the cemetery is > >DESTROYED. > > > >But, as 8-year-old Ashley explained to us, "It's okay. The property owner > >was paying taxes on the property." > > > >GIVE ME A BREAK! Just how stupid do they think we are?! > > > >Then, let us consider the exemption from HB 1522 by the reference to IC > >23-14. That is the "Cemetery statutes", which includes the "Care of > >Cemeteries by Townships" and "Care of Cemeteries by Counties" provisions. > > > >(A) In its last session, the General Assembly added the infamous sentence > >to IC 23-14-68 ("Care of Cemeteries by Township"): > > > > "This chapter does not apply to a cemetery located on > > land on which property taxes are assessed and paid > > under IC 6-1.1-4." > > > >Translation: The Township Trustee cannot lift a FINGER or spend a DIME if > >the cemetery is on PRIVATE PROPERTY. > > > >(B) The County Cemeteries Commissions are, by and large, a huge JOKE on > >the citizens of Indiana. I admit there are a FEW notable exceptions, but > >you can count those on the fingers on one hand! We have 92 counties. The > >rest of the counties either do not HAVE County Cemetery Commissions or the > >County Councils have flatly refused to fund them. (I do not mean to > >belittle the efforts of ANY of the County Cemetery Commissions. My point > >simply is that the Counties, > >by and large, refuse to FUND them. Again, they created the statute to > >appease the public, but the statute carries no weight.) > > > >I just called my boss and told him, "I'm sorry, Bill. I know I've missed > >two days of work in the last three weeks on this thing, but I have no > >choice. I HAVE TO GO BACK TO INDIANAPOLIS AGAIN ON MONDAY!" > > > >I'm sorry, but I am just LIVID about this. I thought for sure that I just > >misunderstood this language. I thought for sure we could trust the > >Legislators when they talked to the press about what an abomination this > >situation had become. I thought for sure we could trust them when they > >reacted so favorably to little Ashley's speech. I guess I was wrong! > > > >I'll see you in Indianapolis at the State Capitol at 4:00 P.M. on Monday, > >February 15, at the House Chambers on the Third Floor. I'll be the one with > >steam coming out of her ears and fire out of her eyes. > > > >Lois > > > > > > > >==== INPCRP Mailing List ==== > >Quote from William Gladstone (1809-1897), three-time Prime Minister of England > >and Victorian contemporary of Benjamin Disraeli: > > "Show me the manner in which a nation or community > > cares for its dead and I will measure with mathematical > > exactness the tender mercies of its people, their > > respect for the laws of the land, and their loyalty > > to high ideals." > > > > > >