In a message dated 10/30/01 7:56:53 PM US Eastern Standard Time, cherokee@shelbynet.net writes: > cherokee@shelbynet.net (Christine West) > Chris, The point I have been making is that, when a developer goes before the County or City Zoning Boards Who, or how does the Board know if a cemetery is on the property under consideration. If they approve a Development without being told one way or another, they could approve a Project and the Individual, or Developer could pull up the stones, and regardless if you have it recorded or not, it can be destroyed before anyone realized it. Once the Building has been built, or the Ground moved the Developers will continue to plead Ignorance of the Law. So if they destroy the cemetery, all that can be done is slap the wrist of the individual. A Small fine is a cheap price to pay, but the Cemetery is Gone. Someone has to be responsible for asking a very simple question, "Is there a Cemetery, Graveyard, or Burial Site on this property. I have been to meetings lately and no one mentions cemeteries. In Floyd Co. our Zoning Board is aware of this, because I told Them. But they still don't ask the Developer That one simple question. Sorry if my Disgust is showing thru. I do not think my responsibility is to go to every meeting and keep reminding them. Copies of the Law should be Sent to every Zoning Board, City and County in Indiana, by the DNR and make it an official notification. I shouldn't have to be a watch Dog for the Zoning Boards. Anyone that is not having Cemeteries moved or destroyed like Lois and I, here in Clark and Floyd Counties may not have much sympathy for us, but it can happen anywhere sooner than Later. Chris ask your Local Zoning board if they know about the Present Cemetery Laws. Jack E. Briles Sr. Floyd County PCRP Coordinator Po Box 444 New Albany, In. 47151-0444 (812) 282-6585 Fax (812) 282-6585

You said, "This is a deeded Cemetery, dating from 1847. If >> a Cemetery has a deed or an EXCEPTION on the property deed, no taxes are >> due or payable by anyone." Jack, I don't know if those rules apply here. In this particular situation, the person who held the original land grant conveyed to trustees of a church 1 1/2 acres and sixteen square rods. Part of the land was used for a church, and beside the church a cemetery was established. This occurred about 150 years ago. In the 1920's an adjoining parcel was given by more original land grantees (and their heirs) to the trustees of the cemetery (not the church) for an addition. The records of the early trustees are not among the cemetery documents. In the 1920's a cemetery association was set up pursuant to orders of the county commissioners. When the church was no longer used, the county sold it for taxes. The land description was ambiguous, but it did mention 1.6 acres. The new owner of the church property appears to believe his new purchase includes the original plot of the cemetery. There was no survey done. No taxes have yet been sought on the addition. So the problem for me is, even though the county COULDN'T sell the cemetery, I fear it MAY HAVE. Does the COULDN'T nullify the POSSIBLY DID? Sharon > > > >==== INPCRP Mailing List ==== >To UNSUBSCRIBE, send message consisting only of >"UNSUBSCRIBE" to INPCRP-L-REQUEST@rootsweb.com > or to INPCRP-D-REQUEST@rootsweb.com (for DIGEST version) > > >

After I find out the Section, Township & Range of a cemetery, I go to the BLM website (http://www.glorecords.blm.gov/search/search.asp). THere I can enter the state, county, section, township and range I want and, unless it is in section 16 (schools) it will tell me the name and purchase date of the original landowner. I take that name and flip thru the first 1 or 2 indexes to deeds in the Recorder's office. If I know where it is on a map, I go to the Auditor's office for the Auditor's Plat Maps. These are the drawn maps of each section that show each individual parcel of ground and give each parcel a number which you can cross reference in 3-ring binders on shelves in the same office (at least in Bartholomew County). Looking here first will show you whether or not the cemetery is viewed legally as a cemetery by the county. If it is, it will show up as an individual parcel, regardless of who owns it. Most of the ones I am finding that are mapped are listed as tax-exempt and the owner is usually something like "trustees of a cemetery" or "cemetery association" and these are viewed for the most part as non-existent groups, with no addresses or contacts. They are pulled from deeds when the GIS department mapped the area. A lot of them are those mysterious "excepted" pieces of ground that no one seems to own. As for a cemetery on private ground, if it has not been surveyed or subdivided recently, there is a good chance it will not show up on any current deed or plat map. That would mean taxes are paid on it. The recently re-discovered Lewelling graveyard was an "excepted" quarter of an acre for which taxes were never paid. It first appeared in the transfer of the land outside of the family around 1870 and the cemetery was in the middle of the land and only mentioned in the deed as being in the north part of the remaining 60 acre tract. It was probably farmed under about 1940 and no one today can remember ever seeing it. This made it impossible to place on the Plat Map, so it wasn't. Looking at those maps alone, you would have no idea that there was a cemetery there. I have also found transfer books at the auditor's office very useful. THey are the old books that were kept to cross-reference the transaction of land before spread sheets. I recently found that a cemetery here, the Mt. Pleasant U.B. cemetery (a church that was in existence from about 1880 to 1940) was not on the Auditor's Plat map, but being cared for by the township trustee. THe current deeds do not contain any mention of it, even though it is a beautiful cemetery that has probably 50 or more graves in it. I started with the original landowner and moved forward through the old transfer books until I found where he sold 1 acre of ground to the trustees of the Mt. Pleasant U.B. church. I took the date of the transfer to the recorder's office and looked in their books and found the deed that described in poles the outline of the cemetery. It conflicts with the current property lines and the GIS department is looking into it now. You guys are providing the best questions and answers for this topic. I plan on taking my list of cemeteries back to the commissioners by January with a list of questions that need answers that a cemetery BOARD should be there to provide, or else they will have to deal with answering them. So far these are the ones I have for them: 1 - Who owns a cemetery that has been "excepted" out of a piece of ground? Can a landowner claim adverse possession on ground this ground? 2 - Who owns a cemetery that was deeded to a board of trustees or association that no longer exists? 3 - Can the auditor, recorder, surveyor, assessor or plan commission be held resonsible from now on for encroachments into the 100 ft. buffer zone of cemeteries? 4 - Shouldn't each township trustees have written and clear standards of maintenance on each cemetery in their care? Shouldn't we, as taxpayers, be able to hold them up to those standards and wouldn't that be much easier with a cemetery board that oversees this work? 5 - Shouldn't the 100 foot buffer zone around a cemetery be surveyed, mapped and shown as an easement on each parcel of ground it affects? Wouldn't that save the average citizen money and a big headache if they should run into human remains while building their dream home? Got any more, anyone? Cris West Columbus, IN

Maybe I am asking this question on the wrong list, and if so, I apologize. But I am looking to find an old cemetary from Ohio or Indiana that was known as "Stone Schoolhouse Cemetary" where my great grandfather was buried, circa 1890. I have been looking at resources on the net and in books and am getting no where! Sarah Sharrett --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.286 / Virus Database: 152 - Release Date: 10/9/01

In a message dated 10/30/01 1:49:54 PM US Eastern Standard Time, rvkeller@iupui.edu writes: > rvkeller@iupui.edu > This who my last message should have been directed to. Jack E. Briles Sr. Floyd County PCRP Coordinator Po Box 444 New Albany, In. 47151-0444 (812) 282-6585 Fax (812) 282-6585

In a message dated 10/30/01 1:49:54 PM US Eastern Standard Time, rvkeller@iupui.edu writes: > On Mon, 29 Oct 2001, mills wrote: > > > Can a county government sell for non-payment of taxes, non-taxed > > land? > > I don't see why not. Not paying taxes is a no no. The Sheriff can then > put your land/house up for auction to bring in taxes due. > > > > Cemeteries without a Church for funds, or one that has no Funds IS NOT > TAXED at least in Floyd Co. Also St. Johns Cemetery in Morgan Twp. in > Harrison Co. has no funds. But it has been listed under the Central Barren > Christian Church, with the Trustees as the contacts. They don't own it, but > the Assessors office says it was listed that way when they came into > Office. Even with this arrangement, no Taxes are charged to anyone for St. > Johns. I asked if Central Barren Trustees pay Taxes on the Cemetery. The > assessor assured me NO ONE PAID ANY TAXES ON ST JOHNS CEMETERY, REGARDLESS > OF WHO IT IS LISTED UNDER. This is a deeded Cemetery, dating from 1847. If > a Cemetery has a deed or an EXCEPTION on the property deed, no taxes are > due or payable by anyone. > Jack E. Briles Sr. Floyd County PCRP Coordinator Po Box 444 New Albany, In. 47151-0444 (812) 282-6585 Fax (812) 282-6585

Hi there, I have a 20 year old Eli C. Steward "of Crawford County, Ind." who died near Volcanoville, El Dorado County on June 20, 1852. He is buried in a little cemetery that has probably already been fenced too small. I'm trying to tie him back to where his stone came from. Any chance someone might know of the Steward family of Crawford County? Thanks! Sue Silver El Dorado County, CA

Sharon, Thanks (again). I will check the wording. But, if the "not" is there or not written law sometimes do not make much sense. I will look it up again tomorrow.

Tom, There must be a misprint here. (b) (1) and (2) are identical after the words "must be approved" and "is not required." I guess (b) (1) would have to have the word "not" removed for the difference between the two statements to make sense. That being said, I wonder what the common understanding is for "disturbing the burial ground or cemetery." I'm not trying to be funny, I know it should be obvious. But lately some messages have reported that some developers may have a different opinion about what that means. Sharon Mills At 02:05 PM 10/30/01 EST, you wrote: >Hello everyone. This is for those without the IC 14-21-1-26.5 >For purposes of the statute the term " department " refers to DNR. >Sec.26.5 (A) Notwithstanding IC23-14-44-1, This section does not apply to the >following: >(1) A public utility ( as defined in IC 8-1-2-1 (a) ). >(2) A corporation organised under IC 8-1-13 >(3) A municipally owned utility ( as defined in IC 8-1-2-1 (h) ). >(4) A surface coal mining and reclamation operation permitted under IC 14-34. >Except as provided in this subsection, subsection (b), and subsection (c), a >person may not disturb the ground within one hundred (100) feet of a burial >ground or cemetery for the purpose of erecting, altering, or repairing any >structure without having a development plan approved by the department under >section 25 of this chapter or in violation of a development plan approved by >the department under section 25 of this chapter. The department must reveiw >the development plan not less than 60 days after the development plan is >submitted. >(b) A development plan: >(1) must be approved if a person intends to erect, alter, or repair an >existing structure for an incidental or excisting use that would not impact >the buriel ground or cemetery; and >(2) is not reguired if a person intends to erect, alter, or repair an >excisting structure for an incidental or existing use that would not impact >the burial ground or cemetery. >(c) A development plan for a govermental intity to disturb ground within a >hundred (100) feet of a burial ground or cemetery must be approved as follows: >(1) A development plan of a municipality reguires approval of the executive >of the municipality and does not require the approval of the department. >However, if the burial ground or cemetery is located outside the >municipality, approval is also required by the executive of the county where >the burial ground or cemetery is located. A county cemetery commission >established under IC 23-14-67-2 may advise the executive of the municipality >on wether to approve a development plan. >(2) A development plan of a govermental entity other than: >(A) A municipality; or >(B) the state; >requires the approval of the execfutive of the county where the govermental >entity is located and does not require the approval of the department. >However, if the govermental entity is located in more than one (1) county, >only the approval of the executive of the county where the burial ground or >cemetery is located is required. A county cemetery commission established >under IC 23-14-67-2 may advise a county executive on wether to approve a >developmental plan. >(3) A developmental plan of the state requires the approval of the department. >(d) A person who recklessly, knowingly, or intentionally violates this >section commits a Class A misdemeanor. However, the offense is a Class D >felony if the person distrubs buried human remains or grave markers while >committing the offense. >As added by P.L.46-2000, Sec.10, Amended by P.L.177-2001, SEC.3. > > > > > >==== INPCRP Mailing List ==== >To UNSUBSCRIBE, send message consisting only of >"UNSUBSCRIBE" to INPCRP-L-REQUEST@rootsweb.com > or to INPCRP-D-REQUEST@rootsweb.com (for DIGEST version) > > >

Hello everyone. This is for those without the IC 14-21-1-26.5 For purposes of the statute the term " department " refers to DNR. Sec.26.5 (A) Notwithstanding IC23-14-44-1, This section does not apply to the following: (1) A public utility ( as defined in IC 8-1-2-1 (a) ). (2) A corporation organised under IC 8-1-13 (3) A municipally owned utility ( as defined in IC 8-1-2-1 (h) ). (4) A surface coal mining and reclamation operation permitted under IC 14-34. Except as provided in this subsection, subsection (b), and subsection (c), a person may not disturb the ground within one hundred (100) feet of a burial ground or cemetery for the purpose of erecting, altering, or repairing any structure without having a development plan approved by the department under section 25 of this chapter or in violation of a development plan approved by the department under section 25 of this chapter. The department must reveiw the development plan not less than 60 days after the development plan is submitted. (b) A development plan: (1) must be approved if a person intends to erect, alter, or repair an existing structure for an incidental or excisting use that would not impact the buriel ground or cemetery; and (2) is not reguired if a person intends to erect, alter, or repair an excisting structure for an incidental or existing use that would not impact the burial ground or cemetery. (c) A development plan for a govermental intity to disturb ground within a hundred (100) feet of a burial ground or cemetery must be approved as follows: (1) A development plan of a municipality reguires approval of the executive of the municipality and does not require the approval of the department. However, if the burial ground or cemetery is located outside the municipality, approval is also required by the executive of the county where the burial ground or cemetery is located. A county cemetery commission established under IC 23-14-67-2 may advise the executive of the municipality on wether to approve a development plan. (2) A development plan of a govermental entity other than: (A) A municipality; or (B) the state; requires the approval of the execfutive of the county where the govermental entity is located and does not require the approval of the department. However, if the govermental entity is located in more than one (1) county, only the approval of the executive of the county where the burial ground or cemetery is located is required. A county cemetery commission established under IC 23-14-67-2 may advise a county executive on wether to approve a developmental plan. (3) A developmental plan of the state requires the approval of the department. (d) A person who recklessly, knowingly, or intentionally violates this section commits a Class A misdemeanor. However, the offense is a Class D felony if the person distrubs buried human remains or grave markers while committing the offense. As added by P.L.46-2000, Sec.10, Amended by P.L.177-2001, SEC.3.

Sorry, forgot the 'tax exempt' part. I dont' think the county could take the land then. On Mon, 29 Oct 2001, mills wrote: > I understand that the law we are discussing about disturbing the ground > within 100 feet of a cemetery came into effect July 1, 2000. Prior to that > time, was there any prohibition that prevented a person from building > within, say, 20 feet of a cemetery? > > I'm interested in knowing if a county could legally sell a cemetery on > which no taxes had been paid since the former owners had bequeathed the > land to a cemetery association. The cemetery association had become > inactive, in that no meetings have been held in many years; however funds > have been paid continually from the cemetery association account for > mowing. Can a county government sell for non-payment of taxes, non-taxed > land? > > Sharon Mills > > > ==== INPCRP Mailing List ==== > THIS IS A CEMETERY ----- > "Lives are commemorated - deaths are recorded - families > are reunited - memories are made tangible - and love is > undisguised. This is a cemetery. > "Communities accord respect, families bestow reverence, > historians seek information and our heritage is thereby enriched. > "Testimonies of devotion, pride and remembrance are carved > in stone to pay warm tribute to accomplishments and to the life - > not the death - of a loved one. The cemetery is homeland for family > memorials that are a sustaining source of comfort to the living. > "A cemetery is a history of people - a perpetual record of > yesterday and sanctuary of peace and quiet today. A cemetery > exists because every life is worth loving and remembering - always." > --Author unknown -- Seen at a monument dealer in West Union, IA > >

On Mon, 29 Oct 2001, mills wrote: > Can a county government sell for non-payment of taxes, non-taxed > land? I don't see why not. Not paying taxes is a no no. The Sheriff can then put your land/house up for auction to bring in taxes due.

In a message dated 10/29/2001 10:45:32 PM US Eastern Standard Time, mills@reliable-net.net writes: > Sharron, Hello,This is Tom Cannon, Daisy Lane runs from Grant Line Road to Paoli Pike (State Street). I read about your problem. Where is your cemetery located?

In a message dated 10/29/01 10:45:32 PM US Eastern Standard Time, mills@reliable-net.net writes: > Jack, > > I seem to remember Daisy Lane as being near Old Ford Rd. But it's not on > my only map of New Albany, which is part of the 1876 state atlas. I do > see a large cemetery on that map, which must be the Fairview. All street > names aren't on the map, but I see the cemetery bordered on the East by 8th > St, on the South the by street due north of Shelby, and has a railroad > running through the northern boundary. Any of those landmarks may have > changed in 125 years, of course. > Sharon, I have lived in New Albany 60 years, and old Ford runs between Charlestown Rd. and makes a curve around and Ends at Slate Run rd. Daisy Lane runs between Grantline rd. North to State St. where it Ends. They haven't changed. Fairview cemetery Is Now Bounded by The old Monon R.R. Tracks on the North, Culbertson Ave on the South, 8th St. on the East, and East 4th on the West. The cemetery has greatly expanded since 1875. Jack E. Briles Sr. Floyd County PCRP Coordinator Po Box 444 New Albany, In. 47151-0444 (812) 282-6585 Fax (812) 282-6585

Jack: I don't mean to be hard headed, but I just don't read the statute that way. Not that I think it's right, but I still don't see where you have to ask anybody anything if you are not erecting, altering or repairing a STRUCTURE. That is what the law says. At least that is the way I read it. In my opinion, if I woke up one morning and decided that the little knoll in front of the cemetery fence would look better over there instead of over here then I legally could hitch up the team and move it, if I so desired. I'm not erecting, repairing or altering a STRUCTURE. Unless of course the DNR defines my dirt as a STRUCTURE. That basically is my question and I do believe a lot of people assume that it means any digging or disturbing the earth by reading more into the mumbo-jumbo than what is really there. I didn't write it, but I do believe I can read it and it clearly says STRUCTURE. What does that mean? Does that mean mound of dirt? Does that mean burying a water or electric line? Does that mean burying my dead horse? What if I just needed a few thousand yards of fill dirt to sell to the State Highway and thought that would be a good place out the way to get it? I mean, really, I just don't get it. We think it means one thing, but it really means another. Who's frustrated now, Jack? Anybody see it differently? Have a good one, Jon >From: Jb502000@aol.com >Reply-To: INPCRP-L@rootsweb.com >To: INPCRP-L@rootsweb.com >Subject: Re: [INPCRP] Indiana Cemetery Law or not >Date: Mon, 29 Oct 2001 19:46:20 EST > >In a message dated 10/28/01 10:34:20 PM US Eastern Standard Time, >sianoil@hotmail.com writes: > > > > Ernie, Jack or whoever on the list, > > O.K., I've read the statute I.C. 14-21-1-26.5 of which I was well >familiar > > with already. Now, what part of that statute says that I cannot dig my > > pond, > > ditch, mound, tree removal, water well, field tile, etc. etc. next to >the > > fence? Shoot, the mere setting of a fence or sign post might constitute > > digging or disturbance of the ground. And what if my pond is already >there > > and I just want to make it bigger or deeper? > > Jon, >Jon, >The term disturbing the Ground, would, or should be taken Literally. You >can >enlarge your Pond or do whatever you want, if you Just file an >Environmental >Impact Statement with the Proper Agency under the Law as it is written, and >receive approval. The Law is not intended to keep you from using your Land, >it is to protect the cemetery from those that, unlike you, don't give a >Darn >about a Cemetery I would imagine that whatever you do would be approved. >It's >the ones that go in with the Dozers and the Sheepsfoot and shake the stones >apart that the law is designed for. Also it is to keep track of what is >happening near a Historical cemetery. > There is one in Clarksville that was about 90 percent destroyed >for >a small strip Mall before any Laws like we have now were passed. I stopped >this afternoon, sat down on a Base and looked at 2 Pay Telephones in what >was >at one time a Large cemetery. ONCE AGAIN the GROUND WAS MORTE MORE THAN THE >BEAUTIFUL QUIET CEMETERY. All the Stones are down, (Big Obelisks) and I >can't >lift them to put back the few left to give it the semblance of a cemetery. >This is why the Laws we have are on the books. Even now they could have >built >beside it, With an Environmental Report, but NOT IN IT. When you think >you've >seen it all DRIVE AROUND AND LOOK. I know this probably doesn't answer >your >Questions Jon, But I get to vent my frustration.! > >Jack E. Briles Sr. >Floyd County PCRP Coordinator >Po Box 444 >New Albany, In. 47151-0444 >(812) 282-6585 >Fax (812) 282-6585 > > > >==== INPCRP Mailing List ==== >"Show me your cemeteries, and I will tell you what kind of people you >have." > Benjamin Franklin (1706 - 1790) > _________________________________________________________________ Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp

Sharon: I see black and white. No beating around the bush. I believe the answers to your questions are no and no. But, who am I to say. That would be too simple. Jon >From: mills <mills@reliable-net.net> >Reply-To: INPCRP-L@rootsweb.com >To: INPCRP-L@rootsweb.com >Subject: [INPCRP] building near a cemetery and taxes (un)paid thereon >Date: Mon, 29 Oct 2001 17:38:18 -0500 > >I understand that the law we are discussing about disturbing the ground >within 100 feet of a cemetery came into effect July 1, 2000. Prior to that >time, was there any prohibition that prevented a person from building >within, say, 20 feet of a cemetery? > >I'm interested in knowing if a county could legally sell a cemetery on >which no taxes had been paid since the former owners had bequeathed the >land to a cemetery association. The cemetery association had become >inactive, in that no meetings have been held in many years; however funds >have been paid continually from the cemetery association account for >mowing. Can a county government sell for non-payment of taxes, non-taxed >land? > >Sharon Mills > > >==== INPCRP Mailing List ==== >THIS IS A CEMETERY ----- > "Lives are commemorated - deaths are recorded - families >are reunited - memories are made tangible - and love is >undisguised. This is a cemetery. > "Communities accord respect, families bestow reverence, >historians seek information and our heritage is thereby enriched. > "Testimonies of devotion, pride and remembrance are carved >in stone to pay warm tribute to accomplishments and to the life - >not the death - of a loved one. The cemetery is homeland for family >memorials that are a sustaining source of comfort to the living. > "A cemetery is a history of people - a perpetual record of >yesterday and sanctuary of peace and quiet today. A cemetery >exists because every life is worth loving and remembering - always." > --Author unknown -- Seen at a monument dealer in West Union, IA > _________________________________________________________________ Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp

Jack, I seem to remember Daisy Lane as being near Old Ford Rd. But it's not on my only map of New Albany, which is part of the 1876 state atlas. I do see a large cemetery on that map, which must be the Fairview. All street names aren't on the map, but I see the cemetery bordered on the East by 8th St, on the south the by street due north of Shelby, and has a railroad running through the northern boundary. Any of those landmarks may have changed in 125 years, of course. The Floyd Co map in this atlas also shows crosses for cemeteries. I imagine you have checked this map before, among others. I have all the deeds for the cemetery in question, have some maps to show S, T, and R, but haven't gone to the assessor yet. One problem I have to resolve is related to vague wording on a deed; another is that this matter appears to be unpopular with the county officials. Some of them have erred and don't want to take responsibility for their actions. I have all relevant documents in existence for this cemetery, including records of the association. I can proceed when I think I have all relevant information. My gr gr aunt and her husband donated the second portion of land. Sharon Mills At 09:45 PM 10/29/01 EST, you wrote: >In a message dated 10/29/01 8:28:02 PM US Eastern Standard Time, >mills@reliable-net.net writes: > > >> Where is the cemetery you mention? And why were the stones removed? >> >> Sharon Mills >> >> >> First, the cemetery you mentioned is Graceland Memorial on Charlestown rd >> at old Ford rd. The other is Fairview cemetery dating back to 1840. it is >> on Culbertson Avenue at East 6th St. The one I am Talking about in New >> Albany is Located (Whats Left of it) on the North West corner of Stover >> Drive and Daisy Lane > > I never knew of a Not for profit cemetery paying taxes. Any money on one of >those is supposed to be put in a permanent maintenance fund. >In fact I located the Taylor Cemetery in Floyd Co The Property owner >originally bought the 2.5 acres for a future home in 1970. In 1972 he went >out to clear out the woods for his house. He found a cemetery. Being a good >person, he moved his house back behind it and has lived there since. He was >paying taxes on the 1 acre cemetery. I looked up the deed, took it to the >Assessor, and he received a 3 year credit and is not taxed for the 1 acre >cemetery anymore. but even with the 3 year allowance he still paid >unnecessary taxes for 27 years. I recommend you gather all of the legal >papers on the cemetery and start at the assessor's office. Make sure about >whether taxes have, or have not been paid. You have to start there anyhow if >you want to look up a deed. They will give you a number for the Site, then go >to the recorders office and look up the deeds. Have copies made. Also, get >the Quarter of the Section the cemetery is in, and get a copy of that. It >should show the cemetery and any names connected to it, if there are any. >HARD WORK WILL GET RESULTS, Hope this helps a little. Someone on the List may >be able to improve on this > >Jack E. Briles Sr. >Floyd County PCRP Coordinator >Po Box 444 >New Albany, In. 47151-0444 >(812) 282-6585 >Fax (812) 282-6585 > > > >==== INPCRP Mailing List ==== >Please do not send queries through this list. > > >

In a message dated 10/29/01 8:28:02 PM US Eastern Standard Time, mills@reliable-net.net writes: > Where is the cemetery you mention? And why were the stones removed? > > Sharon Mills > > > First, the cemetery you mentioned is Graceland Memorial on Charlestown rd > at old Ford rd. The other is Fairview cemetery dating back to 1840. it is > on Culbertson Avenue at East 6th St. The one I am Talking about in New > Albany is Located (Whats Left of it) on the North West corner of Stover > Drive and Daisy Lane I never knew of a Not for profit cemetery paying taxes. Any money on one of those is supposed to be put in a permanent maintenance fund. In fact I located the Taylor Cemetery in Floyd Co The Property owner originally bought the 2.5 acres for a future home in 1970. In 1972 he went out to clear out the woods for his house. He found a cemetery. Being a good person, he moved his house back behind it and has lived there since. He was paying taxes on the 1 acre cemetery. I looked up the deed, took it to the Assessor, and he received a 3 year credit and is not taxed for the 1 acre cemetery anymore. but even with the 3 year allowance he still paid unnecessary taxes for 27 years. I recommend you gather all of the legal papers on the cemetery and start at the assessor's office. Make sure about whether taxes have, or have not been paid. You have to start there anyhow if you want to look up a deed. They will give you a number for the Site, then go to the recorders office and look up the deeds. Have copies made. Also, get the Quarter of the Section the cemetery is in, and get a copy of that. It should show the cemetery and any names connected to it, if there are any. HARD WORK WILL GET RESULTS, Hope this helps a little. Someone on the List may be able to improve on this Jack E. Briles Sr. Floyd County PCRP Coordinator Po Box 444 New Albany, In. 47151-0444 (812) 282-6585 Fax (812) 282-6585

In a message dated 10/26/01 11:57:21 PM US Eastern Standard Time, loismauk@home.com writes: > If this developer did, in fact, not "disturb the soil" and instead "built > up" the soil as he claims, does the prohibition against disturbing the soil > within 100 feet of the cemetery now extend to the NEW SOIL he put there? If > so, wouldn't the leveling he did of the new soil dumped next to the fence > constitute "disturbing the soil"????? > > Lois > > > > Lois, > I think you are Learning how the Conniving people in this world act when > money is involved, and the ingenious Ideas they come up with. Taking Heavy > Equipment, or any kind, for whatever purpose within the 100 ft. Buffer Zone > Without Prior approval is an outright Violation of the Law, no matter how > they twist the words. Jack E. Briles Sr. Floyd County PCRP Coordinator Po Box 444 New Albany, In. 47151-0444 (812) 282-6585 Fax (812) 282-6585

In a message dated 10/28/01 10:34:20 PM US Eastern Standard Time, sianoil@hotmail.com writes: > Ernie, Jack or whoever on the list, > O.K., I've read the statute I.C. 14-21-1-26.5 of which I was well familiar > with already. Now, what part of that statute says that I cannot dig my > pond, > ditch, mound, tree removal, water well, field tile, etc. etc. next to the > fence? Shoot, the mere setting of a fence or sign post might constitute > digging or disturbance of the ground. And what if my pond is already there > and I just want to make it bigger or deeper? Jon, Jon, The term disturbing the Ground, would, or should be taken Literally. You can enlarge your Pond or do whatever you want, if you Just file an Environmental Impact Statement with the Proper Agency under the Law as it is written, and receive approval. The Law is not intended to keep you from using your Land, it is to protect the cemetery from those that, unlike you, don't give a Darn about a Cemetery I would imagine that whatever you do would be approved. It's the ones that go in with the Dozers and the Sheepsfoot and shake the stones apart that the law is designed for. Also it is to keep track of what is happening near a Historical cemetery. There is one in Clarksville that was about 90 percent destroyed for a small strip Mall before any Laws like we have now were passed. I stopped this afternoon, sat down on a Base and looked at 2 Pay Telephones in what was at one time a Large cemetery. ONCE AGAIN the GROUND WAS MORTE MORE THAN THE BEAUTIFUL QUIET CEMETERY. All the Stones are down, (Big Obelisks) and I can't lift them to put back the few left to give it the semblance of a cemetery. This is why the Laws we have are on the books. Even now they could have built beside it, With an Environmental Report, but NOT IN IT. When you think you've seen it all DRIVE AROUND AND LOOK. I know this probably doesn't answer your Questions Jon, But I get to vent my frustration.! Jack E. Briles Sr. Floyd County PCRP Coordinator Po Box 444 New Albany, In. 47151-0444 (812) 282-6585 Fax (812) 282-6585