In a message dated 1/1/02 6:31:22 PM US Eastern Standard Time, ssilver1951@jps.net writes: > California has a prohibition against landlocking property. In fact, it just > cannot happen because the law doesn't allow it. > > Any such thing like this in Indiana? > > Sue Silver > CA > > Sue, and the INPCRP List The Following is a Dream of mine > I have spent several hours on the Legal aspects of Indiana's cemetery Laws > or Lack of them, especially since December 27 when I believe this > discussion started. I know I had to do some reading myself and I usually > pride myself in pretty well knowing the basics of the laws off the top of > my head. There is no doubt that our group knows how to Find, Clean, Repair > and Restore our Neglected cemeteries. We all are becoming very good at > this. Also preparing lists of all cemeteries to turn over to the state for > recording in the Data Base. But after much soul searching I don't believe > enough List members are aware of what might be legal and what might not. I > believe the Legislature has handed down some cemetery laws that are not > very clearly defined. > For instance, the one passed last year allowing a property owner to > survey and fence off one acre of ground designated as a cemetery and only > pay $1.oo in taxes on that acre. There is one little flaw in that law if I > am reading it right. It does not have a provision for the public to access > the cemetery, yet the Public is not receiving the use of the cemetery > although they are being denied the full taxable amount that the acre would > normally bring in no matter how small. I also see that after this tax > windfall (small) they have to fence it and keep the fence up, but I > apparently missed the part that says they have to clean it and keep it > cleaned and repair the broken stones, also leveling and grading that would > be required if the Township Trustees were in possession of the Cemetery. > Matter of fact these Property owners bought their Parcel and beyond all > doubt knew the cemetery was there. Knowing there are Ancestors of the > People buried there, the Land owner probably is sufficiently educated > enough to know these Ancestors will want to visit. Therefore if they take advantage of the States Tax offer they should make the > cemetery available to visitors during reasonable hours. Visitors should > I will be the first to > Little. But > really what we need to do now is to bring this inaccessibility to these > Graveyards more out into the open. We have to make more people aware of > Also on the Front of property Deeds > the words "Reasonable access > (Shall) not be denied" or something to that effect. I know the Farm Lobby > will fight this, but we have to try. I carry my insurance with Farm Bureau, > and in order to do so you must be a Member. That gives me the right to > voice my opinion. I know I am only one person, but one little boy with his > finger in a dike stopped a Catastrophe. This is basically what we are > facing now, the cemeteries are fast slipping thru a few holes in the law > with no one willing to help stem the flow. Go to access Indiana and see > what kind of Laws the DNR are getting on some things they consider > extremely important. Don't get me wrong, the DNR does not write the Laws, > but they could help the committee by pointing out some inadequacies. Again this only my opinion, but access to the Pioneer cemeteries we all > to save is the one real problem we are facing. WE CANT GET IN. > I believe to many thought they had the right to Access a cemetery because > they had relatives buried there. That is true if you find a Very caring and > God Fearing Farmer, or Property owner that respects the Living and the > dead. I have been asked many times "how can I visit my families cemetery" I > have to tell them, be very nice to the owner and pray that they care. Even > with a right of way on the cemetery Deed, the owners have said no. Do you > want to hire a lawyer and go to court or just stand on the road and raise > H--- Jack E. Briles, Sr. jb502000@aol.com Floyd County INPCRP Coordinator PO Box 444 New Albany, In. 47151-0444 (812) 282-6585