In a message dated 12/30/01 4:53:36 PM US Eastern Standard Time, sianoil@hotmail.com writes: > My understanding has always been that an "excepted out cemetery" falls in > the lap of a township trustee. > > > Jon, > Tom Cannon, Floyd County Trustee cannot go onto private Property to Clear > or Maintain any kind of cemetery without the Property owners consent. If > the cemetery is Land Locked, without Trespassing, unless it Was Deeded to > the Trustee. Then a right of way would have to be in the Deed also. I'm > sure this is right, but I can't find out until Tom gets back in his office. > State Law prohibits a person from entering another's property without their > Express consent, unless there is a right of way. I wish it was they way you > suggested, it sure would make it easier for us to help restore some that > badly need it and the owner wont allow access. We will never get the > Legislature to address the Problem of "Excepted" Cemeteries that are out in > the middle of someone's field. The Farm Lobby would fight that. Luckily all > Farmers don't feel that way. The re are a lot of farmers willing to help. Jack E. Briles, Sr. jb502000@aol.com Floyd County INPCRP Coordinator PO Box 444 New Albany, In. 47151-0444 (812) 282-6585

Hi Hi, In California land cannot be landlocked. In the instance of cemeteries, where members of the family or public or both have used a road or path to the cemetery, that access becomes a "precriptive easement." That means, that even if it's not deeded, the express use of that route to the property, as if they believed it was a public access for the number of years the access was used, becomes unextinguishable. It's a prescriptive (by prior use) easement. Sue Silver CA ----- Original Message ----- From: <Jb502000@aol.com> To: <INPCRP-L@rootsweb.com> Sent: Sunday, December 30, 2001 3:40 PM Subject: Re: [INPCRP] Wheres the Cemetery? > In a message dated 12/30/01 4:53:36 PM US Eastern Standard Time, > sianoil@hotmail.com writes: > > > > My understanding has always been that an "excepted out cemetery" falls in > > the lap of a township trustee. > > > > > > Jon, > > Tom Cannon, Floyd County Trustee cannot go onto private Property to Clear > > or Maintain any kind of cemetery without the Property owners consent. If > > the cemetery is Land Locked, without Trespassing, unless it Was Deeded to > > the Trustee. Then a right of way would have to be in the Deed also. I'm > > sure this is right, but I can't find out until Tom gets back in his office. > > State Law prohibits a person from entering another's property without their > > Express consent, unless there is a right of way. I wish it was they way you > > suggested, it sure would make it easier for us to help restore some that > > badly need it and the owner wont allow access. We will never get the > > Legislature to address the Problem of "Excepted" Cemeteries that are out in > > the middle of someone's field. The Farm Lobby would fight that. Luckily all > > Farmers don't feel that way. The re are a lot of farmers willing to help. > > > 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 ==== > "Show me your cemeteries, and I will tell you what kind of people you have." > Benjamin Franklin (1706 - 1790) > >

INDIANA CODE reads as follows: IC 23-14-75 Chapter 75. Eminent Domain Acquisition of Cemetery Land IC 23-14-75-1 Sec. 1. This chapter applies to the following: (1) A: (A) city; (B) town; (C) township; (D) corporation or association; or (E) another owner; that owns or controls a public cemetery that has been in existence for at least thirty (30) years. (2) A: (A) city, town, or township; or (B) corporation or association that owns a cemetery that has been in existence for at least thirty (30) years; that desires to own a public cemetery. As added by P.L.52-1997, SEC.49. IC 23-14-75-2 Sec. 2. If land has not been appropriated or set apart by the owners by platting for a public cemetery and it is necessary to purchase real estate for the cemetery: (1) the legislative body of the city or town; (2) the executive of the township; (3) the trustees or directors of the corporation or association; or (4) the other owners; have the power of eminent domain to condemn and appropriate the land for cemetery purposes under proceedings provided by statute. As added by P.L.52-1997, SEC.49 Donna Tauber Spiceland Township Trustee of Henry County Jb502000@aol.com wrote: > In a message dated 12/30/01 4:53:36 PM US Eastern Standard Time, > sianoil@hotmail.com writes: > > > My understanding has always been that an "excepted out cemetery" falls in > > the lap of a township trustee. > > > > > > Jon, > > Tom Cannon, Floyd County Trustee cannot go onto private Property to Clear > > or Maintain any kind of cemetery without the Property owners consent. If > > the cemetery is Land Locked, without Trespassing, unless it Was Deeded to > > the Trustee. Then a right of way would have to be in the Deed also. I'm > > sure this is right, but I can't find out until Tom gets back in his office. > > State Law prohibits a person from entering another's property without their > > Express consent, unless there is a right of way. I wish it was they way you > > suggested, it sure would make it easier for us to help restore some that > > badly need it and the owner wont allow access. We will never get the > > Legislature to address the Problem of "Excepted" Cemeteries that are out in > > the middle of someone's field. The Farm Lobby would fight that. Luckily all > > Farmers don't feel that way. The re are a lot of farmers willing to help. > > 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 ==== > "Show me your cemeteries, and I will tell you what kind of people you have." > Benjamin Franklin (1706 - 1790)

> > Jon, > > Tom Cannon, Floyd County Trustee cannot go onto private Property to Clear > > or Maintain any kind of cemetery without the Property owners consent. If > > the cemetery is Land Locked, without Trespassing, unless it Was Deeded to > > the Trustee. Then a right of way would have to be in the Deed also. This has come up recently here in Bartholomew County on another cemetery. A new trustee appointed to fill a vacancy has quickly become my favorite, going after the cemeteries instead of waiting for someone to complain. One of the ones he feels obliged to maintain was excepted out of the middle of a piece of property, even the location was described, but unfortunately it references only a tree at the head of a tombstone and circles itself. Since the headstones have been removed and the tree is long gone, it provides little help in finding its location, but the stones were are just moved to the fencerow. The owner has had trouble with the law before concerning animal cruelty and during the investigation of that incident about 1993, a conservation officer happened upon this cemetery and it made a few stories in the local paper. From that, the officer began a personal 'quest' and ended up testifying before some politicians in Indpls about it. Now, this landowner doesn't want the trustee to enter his property, which for the moment, is only needed by the trustee to access the amount of money it will take to fix it. This trustee has talked to me several times and is currently requesting my help in obtaining official records to all those he maintains. He asked for all the deeds, but I explained that of the 6 documented cemeteries in his township, deeds only exist for 4 of them and that is good compared to the other townships. I hope to use the large numbers and percentages of cemeteries that are lost in a loophole like this to convince others here we need a board that looks out for these or I will have to take each one to the commissioners on separate occasions and ask for help. Could a county declare all graveyards excepted out of deeds to belong to the county, or township? Would they have the legal requirements to make such a declaration? Cris West Columbus, IN