In a message dated 12/30/01 9:02:48 PM US Eastern Standard Time, dtauber@kiva.net writes: > 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 > > > > Donna, If you check the meaning of the Section you cited I believe you will find that it applies to the need or use of ground for a cemetery either not already in existence, or the need to enlarge one already in existence. It is only my personal interpretation of the law that it does not apply to Excepted cemeteries not in an active state and More than likely "Land Locked". And yes cemeteries sitting inside the boundaries of a piece of Land which does not come in contact with a Public right of way, and do not have a Deeded access to them does not fall under this Law. Rights of Eminent Domain apply only to Property that is necessary for the Good of the Public in General. It does not apply to un used land occupied by a cemetery in the middle of a field with no apparent benefits to the Public Good. I wish this were not true, it would make it less cumbersome to attempt to get landowners to consent to allow Trustees and Groups such as the INPCRP, and local historic organizations the right to go in and clean them up. I have read and reread the Laws and I can find no legal way without Legislation of some sort to help us all achieve our often stated goals. Maybe we should all concentrate on getting some kind of law passed that would require some realistic Legislation that might require a little more effort on the part of Legislatures. It would give us something to work toward for the New Year. The above is only my interpretation of the Laws as I understand them. I wish we could get the DNR or the Legislature to help on this subject. Donna, I wish to thank you very much. It makes me feel much better to Hear from a Trustee who is willing to speak up. This means you are doing your job. The residents in your Township should be very appreciative to have someone who really cares. Jack E. Briles, Sr. jb502000@aol.com Floyd County INPCRP Coordinator PO Box 444 New Albany, In. 47151-0444 (812) 282-6585

Thank you for the compliment on my position, I take my job seriously, and I also consider myself to be a historic preservationist. I agree that we need more specific legislation on cemetery laws, as a fairly new member to the Trustee World (3 years) many of these codes are vague or nonexistent in certain areas, or better yet, contradict each other. Do we have any lobbyists amongst us that are up to this challenge of proposing new legislation on cemetery laws? Jb502000@aol.com wrote: > In a message dated 12/30/01 9:02:48 PM US Eastern Standard Time, > dtauber@kiva.net writes: > > > 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 > > > > > > > > Donna, > > If you check the meaning of the Section you cited I believe you will find > that it applies to the need or use of ground for a cemetery either not > already in existence, or the need to enlarge one already in existence. It is > only my personal interpretation of the law that it does not apply to Excepted > cemeteries not in an active state and More than likely "Land Locked". And yes > cemeteries sitting inside the boundaries of a piece of Land which does not > come in contact with a Public right of way, and do not have a Deeded access > to them does not fall under this Law. Rights of Eminent Domain apply only to > Property that is necessary for the Good of the Public in General. It does not > apply to un used land occupied by a cemetery in the middle of a field with no > apparent benefits to the Public Good. I wish this were not true, it would > make it less cumbersome to attempt to get landowners to consent to allow > Trustees and Groups such as the INPCRP, and local historic organizations the > right to go in and clean them up. I have read and reread the Laws and I can > find no legal way without Legislation of some sort to help us all achieve our > often stated goals. Maybe we should all concentrate on getting some kind of > law passed that would require some realistic Legislation that might require a > little more effort on the part of Legislatures. It would give us something to > work toward for the New Year. The above is only my interpretation of the Laws > as I understand them. I wish we could get the DNR or the Legislature to help > on this subject. Donna, I wish to thank you very much. It makes me feel > much better to Hear from a Trustee who is willing to speak up. This means you > are doing your job. The residents in your Township should be very > appreciative to have someone who really cares. > > 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 ==== > This list is for discussion of topics related to the Indiana Pioneer > Cemeteries Restoration Project only.