Jack and All, Here's the Government Code in California. Doesn't Indiana have something like this? It's not perfect, but it gives the State (and through it the counties) the ability to take legal jurisdiction over these "abandoned" cemeteries. Especially the one's with the reserved, saved and excepted from clauses where no one's willing to step up to the plate. CALIFORNIA CODES GOVERNMENT CODE SECTION 180-186 180. As used herein, "property" includes real and personal property. 181. The original and ultimate right to all property within the limits of the State is in the people thereof. 182. All property within the limits of the State, which does not belong to any person, belongs to the people. Whenever the title to any property fails for want of heirs or next of kin, it reverts to the people. And here's the statutes for Pioneer Memorial Parks. Don't you think it's worth a try to get legislation like this in Indiana? CALIFORNIA CODES HEALTH AND SAFETY CODE SECTION 8825-8829 8825. A city or county having a nonendowment care cemetery within its boundaries which threatens or endangers the health, safety, comfort or welfare of the public may, by resolution of its governing board, if not more than 10 human dead bodies have been interred therein for a period of five years immediately preceding the date of the resolution, declare the abandonment of the cemetery as a place of future interment, but shall permit interment therein of any person who is an owner of a plot in the cemetery on the date of adoption of the resolution or who otherwise has a right of interment in the cemetery which is vested on such date. The resolution may provide for the removal of such copings, improvements, and embellishments which the governing board finds to be a threat or danger to the health, safety, comfort, or welfare of the public. 8826. The resolution for abandonment adopted under the provisions of this chapter shall specify and declare that at any time after the expiration of 60 days after the first publication of notice of declaration of intended abandonment, the city or county in which the cemetery is located will remove such copings, improvements, and embellishments which are found to be a threat or danger to the health, safety, comfort, or welfare of the public. Notice shall be given to all persons interested therein by publication in a newspaper of general circulation published in the county or city. Publication shall be pursuant to Section 6064 of the Government Code. 8827. After the publication mentioned in Section 8826 of this code and after the expiration of the 60 days specified in the notice, the city or county shall remove such copings, improvements, and embellishments which have been found to be a threat or danger to the health, safety, comfort, or welfare of the public. 8828. After the work which the governing body, in its discretion, finds necessary and practicable has been completed, the governing body shall immediately thereafter, by resolution, which shall contain a legal description of the cemetery, dedicate such abandoned cemetery as a pioneer memorial park and may cause to be erected a suitable central memorial honoring those who have been interred in the cemetery. Upon recordation of the resolution with the county recorder of the county in which the cemetery is located, fee title to the cemetery shall vest in the city or county as the case may be. The governing body may bring an action to quiet title to the cemetery, and in the absence of fraud the resolution and the fact of recordation shall be conclusive evidence of fee title to the cemetery. Any county or city acquiring fee title to a cemetery under this section shall only use the property for the purpose of establishing and maintaining a pioneer memorial park. 8829. Thereafter the city or county shall maintain said pioneer memorial park so that it will not endanger the health, safety, comfort, or welfare of the public. Thought I'd send you the text. Giving the counties the ability to do these things doesn't mean it will happen. That's another fight, I'm sure. Sue Silver California ----- Original Message ----- From: <Jb502000@aol.com> To: <INPCRP-L@rootsweb.com> Sent: Monday, December 31, 2001 2:42 PM Subject: [INPCRP] Eminent Domain & Excepted cemeteries > > Eminent Domain (Noun) first known use 1783 > : a right of a government to take private property for public use by virtue > of the superior dominion of the sovereign power over all lands within its > jurisdiction.----------- > > This would not apply to Exhausted Deeds (No one with descendants rights will > come forward and present a valid claim) or Excepted Deeds because the ground > would not benefit the Public in General, but only a few individuals. I don't > see much that can be done under present Laws. Eminent Domain would only > apply if the Governing body whose jurisdiction the ground lay needed land for > Expansion of a Cemetery. > > 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 ==== > If you know of some good cemetery related links, send them to LoisMauk@usa.net. > >