Jack: I don't mean to be hard headed, but I just don't read the statute that way. Not that I think it's right, but I still don't see where you have to ask anybody anything if you are not erecting, altering or repairing a STRUCTURE. That is what the law says. At least that is the way I read it. In my opinion, if I woke up one morning and decided that the little knoll in front of the cemetery fence would look better over there instead of over here then I legally could hitch up the team and move it, if I so desired. I'm not erecting, repairing or altering a STRUCTURE. Unless of course the DNR defines my dirt as a STRUCTURE. That basically is my question and I do believe a lot of people assume that it means any digging or disturbing the earth by reading more into the mumbo-jumbo than what is really there. I didn't write it, but I do believe I can read it and it clearly says STRUCTURE. What does that mean? Does that mean mound of dirt? Does that mean burying a water or electric line? Does that mean burying my dead horse? What if I just needed a few thousand yards of fill dirt to sell to the State Highway and thought that would be a good place out the way to get it? I mean, really, I just don't get it. We think it means one thing, but it really means another. Who's frustrated now, Jack? Anybody see it differently? Have a good one, 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: Mon, 29 Oct 2001 19:46:20 EST > >In a message dated 10/28/01 10:34:20 PM US Eastern Standard Time, >sianoil@hotmail.com writes: > > > > 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? > > Jon, >Jon, >The term disturbing the Ground, would, or should be taken Literally. You >can >enlarge your Pond or do whatever you want, if you Just file an >Environmental >Impact Statement with the Proper Agency under the Law as it is written, and >receive approval. The Law is not intended to keep you from using your Land, >it is to protect the cemetery from those that, unlike you, don't give a >Darn >about a Cemetery I would imagine that whatever you do would be approved. >It's >the ones that go in with the Dozers and the Sheepsfoot and shake the stones >apart that the law is designed for. Also it is to keep track of what is >happening near a Historical cemetery. > There is one in Clarksville that was about 90 percent destroyed >for >a small strip Mall before any Laws like we have now were passed. I stopped >this afternoon, sat down on a Base and looked at 2 Pay Telephones in what >was >at one time a Large cemetery. ONCE AGAIN the GROUND WAS MORTE MORE THAN THE >BEAUTIFUL QUIET CEMETERY. All the Stones are down, (Big Obelisks) and I >can't >lift them to put back the few left to give it the semblance of a cemetery. >This is why the Laws we have are on the books. Even now they could have >built >beside it, With an Environmental Report, but NOT IN IT. When you think >you've >seen it all DRIVE AROUND AND LOOK. I know this probably doesn't answer >your >Questions Jon, But I get to vent my frustration.! > >Jack E. Briles Sr. >Floyd County PCRP Coordinator >Po Box 444 >New Albany, In. 47151-0444 >(812) 282-6585 >Fax (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) > _________________________________________________________________ Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp