CA to IN, If the title has failed for want of an heir or next of kin and the land title reverts to the public (people), why can't the county trustees just file a notice of failed title to record the property in public title? Better yet, does Indiana have a statute the enables the counties to establish "abandoned" (left behind) cemeteries as "Pioneer Memorial Parks"? In California, all the county has to do is publish notice declaring the cemetery closed to future burials, and take public comment, and then it can't quiet the title under the provisions of this statute. (California Health and Safety Code Sec. 8825-8829) Sue Silver ----- Original Message ----- From: <Jb502000@aol.com> To: <INPCRP-L@rootsweb.com> Sent: Saturday, December 29, 2001 3:37 PM Subject: Re: [INPCRP] Wheres the Cemetery? > In a message dated 12/29/01 2:57:50 PM US Eastern Standard Time, > sianoil@hotmail.com writes: > > > > Jack: > > You and I are pretty much on the same page, except I don't really think the > > term "no man's land" is quite the way to describe it. That to me sounds > > like > > the term abandoned, which for all practical purposes, I and the State, > > namely the DNR, don't agree on the definition of. > > Jon, Thanks for the response, we need more of this type of discussion to > determine just what kind of things can, and should be done. > I agree the Term "No Mans Land" does sound as you say. But it is > almost that when the present Owner(s) don't visit nor maintain the ground and > refuse to allow anyone else Access to the Burial site. I also understand what > you say about "Someone or Some Govt.Entity owning it" But here in Floyd > County I found several Deeds dating back as far as 1826 where the land was > Deeded to the Deacons of a particular church, or the property surrounding the > cemetery was sold by the party that bought it from the United States, to a > Second party, and during their first ownership started a "Graveyard" and it > was merely placed on the first Sale Deed as an Exception. These Cemeteries or > Graveyards never appeared on any succeeding Deed to this day. Since the first > owner Excepted it, the second person to own the surrounding property never > came into Legal Possession of The ground containing, or designated as a > Cemetery. Therefore the second owners descendants, nor anyone else's > succeeding descendants have a claim to the cemetery that would stand a court > test. And Because the first owner set the Cemetery aside from the rest of his > property, then not even any of his family can lay a Legal claim to the > Cemetery. Besides that, no one would claim it because to be an actual owner > you would be responsible. (Although the ones claiming these Cemeteries on > their property are very Irresponsible) No Individuals want to do this, and > Believe me, NO church that was named as owner by virtue of having the > property signed over to their Deacons in 1826 WANT ANY PART OF THESE > CEMETERIES. What's the answer Jon. Does anyone else have an > answer? > I Also believe that neither the State nor the County has any > kind of claim to the Ground. In cases like this I do believe that the > Township Trustee might be able to Petition the Court to turn over the > Ownership of the Cemetery to his office. The fact that Taxes are paid on the > ground might stop this idea. I am not in favor of this, but we all know if > something isn't done, and done quickly the un cared for Cemeteries which are > our only glimpse, or view into our past will soon be gone forever.. > For instance I belong to the MO-Cem list and I found a Missouri > Law we might want to find out more about. It says in essence that a Property > owner with a Cemetery, that belonged to either a family, or abandoned church > must grant access to the cemetery to those wishing to visit. They must state > when they would like to visit, and the visit must be in conjunction with a > normal cemetery visit. Access will be thru the same as the Property owner > would use him or her self to Access the Site. Not the Best Law I ever saw, > but darned better than what WE have now. > I don't believe in usurping the rights of the Property owner, but > when they have a cemetery they should morally allow visitation. If the > situation was reversed, I'm sure they would feel like I and many others do. > I hope this makes sense. > > Jack E. Briles, Sr. > jb502000@aol.com > Floyd County INPCRP Coordinator > PO Box 444 > New Albany, In. 47151-0444 > (812) 282-6585 > > > > > ==== INPCRP Mailing List ==== > Please do not send queries through this list. > >