>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." > > >