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 > SORRY about the first E-mail on this Subject, I used my Talk and Type,don't work Sue, and the INPCRP LIST 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 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 of our 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 is Legal and what's not. I believe the Legislature has handed down some 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 pay an assessment of $1.oo in taxes on that acre. There is only one 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, keep it cleaned and repair broken stones, also leveling and grading that would be required if the Township Trustee were in possession of the cemetery. Matter of fact, these Property owners bought their Parcel of Land, and beyond all doubt knew the cemetery was there. Knowing there are Descendants of the people buried there, the Land owner is probably sufficiently educated enough to know these Descendants 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 never climb over a Fence, nor should they have to. Remember, all Property owners will not prohibit you from visiting. Many are very cooperative and understanding. I will be the first to admit that we are very slowly getting Laws passed that are helping a Little bit. But what we need to do now is bring this inaccessibility problem to most graveyards more out into the open. We have to make more people aware of this Very, Very large gap in the Laws. Also, on the front of Property Deeds that have the cemetery wording on them should be added 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 this 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 through 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 Legislative committee by pointing out some inadequacies. Also allowing the complainant to meet with the Officer at trouble sites would present both sides. Again this is only my opinion, but access to the Pioneer cemeteries we are all trying to save is the one real problem, WE CANT GET IN. I also believe many Persons on the List, as well as around the state thought they had the right to Access a cemetery because they had relatives buried there. That is only 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 they care" Even with a right of way on the cemetery Deed, the owners have said NO. You then have two choices, you can hire a Lawyer, or just stand in the road and raise H--- THE following is a Quote of a Missouri Statute MRS, Chapter 214, Cemeteries, Sec. 214.132, August 28 2001 VISITING ABANDONED FAMILY OR PRIVATE BURYING GROUNDS surrounded by private property, right of access, when, enforcement by sheriff--courts power to disinteer 214.132. 1. Any person who wishes to visit an abandoned family cemetery or private burying ground which is completely surrounded by privately owned land, for which no public ingress nor egress is available, (shall) have the right to reasonable ingress and egress for the purpose of visiting such cemetery. This right of access to such cemeteries extends only to visitation during reasonable hours and only for purposes usually associated with cemetery visits. 2. The sheriff or chief law enforcement officer of the county in which the abandoned family cemetery or burying ground is located (shall) enforce the provisions of subsection 1 of this section 3. Nothing in section 214.131 and this section (shall) be construed to limit or modify the power or authority of a court in any action of law or equity to order the disinterment and removal of the remains from a cemetery and internment in a suitable location. 1987 H.B. 60 1997 S.B. 58 This means you can VISIT or have your Ancestor removed from one of these cemeteries to another Site. Jack E. Briles, Sr. jb502000@aol.com Floyd County INPCRP Coordinator PO Box 444 New Albany, In. 47151-0444 (812) 282-6585