Ernie, Jack or whoever on the list, O.K., I've read the statute I.C. 14-21-1-26.5 of which I was well familiar with already. Now, what part of that statute says that I cannot dig my pond, ditch, mound, tree removal, water well, field tile, etc. etc. next to the fence? Shoot, the mere setting of a fence or sign post might constitute digging or disturbance of the ground. And what if my pond is already there and I just want to make it bigger or deeper?What is the state's definition of a structure in this case? What if it's not new and who decides this? To me, there is way too much gray area for a person to walk thru. This is the case with about every DNR statute I have seen, maybe every statute written and this is what creates these problems. Of course, this is also what keeps attorneys in business, but at whose expense. Is it just me, or does this law not pertain to what people assume that it pertains to. I've read it and read it, over and over, and I just don't see what keeps a person from disturbing the soil within 100 feet of a cemetery unless they are building a "STRUCTURE". Somebody explain it to me, please. Jon P.S. Also, take time to read I.C. 14-21-3-1 (a) about recording. If that is not redundant, I don't know what is. >From: Ernie & Connie <elasley@sigecom.net> >Reply-To: INPCRP-L@rootsweb.com >To: INPCRP-L@rootsweb.com >Subject: Re: [INPCRP] Indiana Cemetery Law or not >Date: Sat, 27 Oct 2001 16:49:39 -0500 > >Jon, > >Go to the INPCRP webpage and scroll down to the section "Indiana Cemetery >Laws", and click on the link: > >14-21-1-26.5 (Disturbance of soil within 100 of known cemetery or burial >ground) > >This is in PDF format. This is the law you are asking about. > >Ernie > >At 04:14 PM 10/27/01, you wrote: >>Jack: >>You are correct! Our Area Plan Commission Director did not even know about >>the 100 foot buffer zone until recently when we made them aware of it. >>There answer to letting it slide was, "well, we wouldn't know if the land >>had a cemetery on it or not, anyway, unless they told us." And, of course, >>we know they are going to run right in and exclaim, WE HAVE A CEMETERY! >>Nor, did the recorder or auditor know anything about placing it on a deed. >>She says, "what do we do, ask everybody that comes in." No lady, just >>collect your paycheck and don't worry about it! They just made the law for >>other counties. >>But, anyway Jack, what statute are you all referring to when you mention >>the 100 ft. zone? Because, I have a question for you. >>Jon >> >> >>>From: Jb502000@aol.com >>>Reply-To: INPCRP-L@rootsweb.com >>>To: INPCRP-L@rootsweb.com >>>Subject: Re: [INPCRP] Indiana Cemetery Law or not >>>Date: Sat, 27 Oct 2001 09:40:04 EDT >>> >>>In a message dated 10/26/01 11:57:21 PM US Eastern Standard Time, >>>loismauk@home.com writes: >>> >>> >>> > If this developer did, in fact, not "disturb the soil" and instead >>>"built >>> > up" the soil as he claims, does the prohibition against disturbing the >>>soil >>> > within 100 feet of the cemetery now extend to the NEW SOIL he put >>>there? If >>> > so, wouldn't the leveling he did of the new soil dumped next to the >>>fence >>> > constitute "disturbing the soil"????? >>> > >>> > Lois, >>> > The original intent as we discussed it at the Falls, was the vibration >>>of >>> > heavy equipment close to the cemetery could cause damage to the stones >>>by >>> > vibration alone. Otherwise why would you be required to stay back 100 >>>feet. >>> > And the law does not specify weather a piece of heavy equipment, or a >>>hand >>> > shovel may not be used within that distance without a supposed >>> > Environmental Impact statement be filed. It would help get the point >>>across >>> > if someone knew if this Law is being enforced literally, or in theory >>>only. >>> > In other words, how do we know our reports are doing any good. A brief >>> > message about some action taken occasionally would help keep our >>>spirits >>> > up. it would encourage us to be vigilant, instead of thinking "Why >>>Bother" >>> > As far as the Law, it is quite plain. The Developers, and Individuals >>>are >>> > not getting the message, and quite frankly I don't know that they ever >>>will >>> > unless it starts with a simple question at the Zoning Board Hearing, " >>>Is >>> > there a Graveyard on this Property " How else will EVERYONE become >>>aware of >>> > the Law. >>> >>> >>>Jack E. Briles >>> >>> >>> >>>==== INPCRP Mailing List ==== >>>Cemetery: (n) A marble orchard not to be taken for granite. >> >> >>_________________________________________________________________ >>Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp >> >> >>==== INPCRP Mailing List ==== >>Please do not send queries through this list. >> > > >==== 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." > _________________________________________________________________ Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp