Here is a message from Jeannie Regan-Dinius on probing: Subject: Probing in Cemeteries Mark: You are correct that before probing could proceed in a cemetery a permit is needed. But, there is a loophole in that law if the Township Trustee is owner of the land. If so, then he/she may approve the work and no permit is needed from us. Hope this helps. I too don't want anyone in jail for a good deed. Jeannie Jeannie Regan-Dinius Special Projects Coordinator DNR-DHPA 402 W. Washington Street, W274 Indianapolis, IN 46204-2739 317/232-1646 317/232-0693 -------Original Message------- From: [email protected] Date: Sunday, October 24, 2004 11:24:37 AM To: [email protected] Subject: Re: [INPCRP] Custodial permission (was probing) Unless the cemeteries are on private property, in which case many pioneer cemeteries are. In those cases, it is my understanding the trustees have no jurisdiction over what goes on, and neither would a cemetery commission or cemetery board. Herein lies the main problem we have with pioneer cemeteries! ----- Original Message ----- From: "Rich Green" <[email protected]> To: <[email protected]> Sent: Sunday, October 24, 2004 10:49 AM Subject: [INPCRP] Custodial permission (was probing) > Hello the list, > > Seems you have multiple debates going on in the same thread. It might be better to discuss and resolve these one at a time. It is my understanding that the probing question, and in fact any ground disturbance within 100-feet of cemeteries, has already been asked and adequately answered. > > In Indiana, the Trustees are the custodians of cemeteries in their respective townships. There may be other entities (Cemetery Boards or Foundations) that are also considered the legal custodians of a cemetery; however, for the most part this responsibility falls on the Township Trustee. As such, the Trustee is responsible for, among other things, grounds keeping and cemetery monument maintenance. These duties often necessitate ground disturbance within a cemetery; particularly when the cemetery is still active, landscaping is necessary or when monuments have been toppled either by forces of nature or vandalism. Probing for and excavating base and foot stones that have somehow been obscured is all part of this process, and is NOT in any way illegal if undertaken by cemetery custodian(s). > > It is also understood that a Township Trustee or other legal custodian may contract to have this work done, and may provide cemetery restoration specialists (of their discretion) with written permission to carry out necessary repairs including any that may require ground disturbance. It follows then that probing or ground disturbance in cemeteries is only illegal if undertaken without the expressed permission of the custodian of the property. > > The probing issue then seems cut and dried. If you don't have written permission to be disturbing cemetery grounds, you are probably ill-advised to be doing so in the first place and there is a state regulation in place for those who neglect or otherwise refuse to get permission. > > I'm sure that there will be some exceptions to this interpretation...there always is, but the question of probing and other ground disturbance as a function of cemetery restoration activities is most certainly addressed by getting permission from the proper authorities in the first place. > > Regards to all, > > Rich Green > Historic Archaeological Research > 4338 Hadley Court > West Lafayette, IN 47906 > Office: (765) 464-8735 > Mobile: (765) 427-4082 > www.har-indy.com > > > ==== INPCRP Mailing List ==== > Visit the INPCRP on the web at http://www.inpcrp.org > ==== INPCRP Mailing List ==== Quote from William Gladstone (1809-1897), three-time Prime Minister of England and Victorian contemporary of Benjamin Disraeli: "Show me the manner in which a nation or community cares for its dead and I will measure with mathematical exactness the tender mercies of its people, their respect for the laws of the land, and their loyalty to high ideals." .

Did the man go to jail that I wrote you about that hauled off a known and documented cemetery that was in his back yard? That's the problem with some of these laws, nit-pick over a simple thing like a restorationist searching for broken pieces to fix while a person can load up a cemetery, base stones and all, and haul it away so it "is not on his property". At 06:25 PM 10/25/2004 -0500, you wrote: > Here is a message from Jeannie Regan-Dinius on probing: > I too don't want anyone in jail for a good deed. > >Jeannie > > > >Jeannie Regan-Dinius >Special Projects Coordinator >DNR-DHPA >402 W. Washington Street, W274 >Indianapolis, IN 46204-2739 >317/232-1646 >317/232-0693 >-------Original Message-------