Hi...... I have used this line of defense in maintaining access to my mother's real estate. Just a brief warning........my case has been in court for 2-1/2 years and is going for bench trial next month !! I'm sure that it depends on the location,defendants, judge, etc. as far as the expediency of such an effort, but it definitely would seem to be an impossible (and costly) line of defense for access to a cemetery here in Lawrence county !! ----- Original Message ----- From: "tielking" <[email protected]> To: <[email protected]> Sent: Monday, August 16, 2004 9:01 PM Subject: Re: [INPCRP] Indiana cemetery law > Teresa, > I brought this particular item up in I think in March on this list. I read > about this "easement by necessity" in a real estate class. It says that "an > easement by necessity is created by court order based on the principle that > owners have the right to enter and exit their land (the right of ingress and > egress) - they should not be landlocked." > I guess it is how you view this type of easement. Can an easement by > necessity be something we can use to gain access to landlocked cemeteries? > Is it necessary to cross private property to visit ancestors? Is it > necessary to maintain the cemetery? How will the courts view this? We need a > law that addresses the right of ingress and egress when it comes to > cemeteries - plain and simply. I don't see it happening anytime soon, but I > think it will happen. > If anyone has used this line of defense to gain access to a landlocked > cemetery, please respond. > Angela > ---- Original Message ----- > From: "Rahn Teresa" <[email protected]> > To: <[email protected]> > Sent: Monday, August 16, 2004 11:01 AM > Subject: Re: [INPCRP] Indiana cemetery law > > > > I have been informed that in regard to cemeteries that are totally > landlocked on private property, access may be gained by a law that refers to > "easement by necessity". > > Does anyone know more about this law? Our family is in a situation with a > cemetery est in 1825 that is totally overgrown and is landlocked within a > wooded isle that sits smack dab in the middle of planted fields. Any help > is appreciated. Thanx. > > > > Teresa > > > > tielking <[email protected]> wrote: > > Hi Larry, > > > > Checking my e-mail late (again).... > > Question 1: Nope. This is my #1 complaint with cemetery law. There is no > > right of ingress and egress. I was told by Sen. Bev Gard and Rep. Tom > > Saunders that this issue would be extremely difficult to fight due to > > Indiana being strong in private property rights. I was told Farm Bureau > > would fight this issue and be hard to beat. There are other states that > have > > cemetery access law - West Virginia being one of them. Mark Davis was kind > > to send me a copy of their legislation. We modeled legislation after the > > West Virginia law. > > We had an attorney who works for Historic Landmarks and the Indiana > > Historical Society help us in drafting legislation. But, due to time > > constraints, our drafts were never heard in committee. We had Senator Bev > > Gard ready to introduce and support our legislation if it went to the > > Senate. Same for Rep. Saunders and Rep. Adams (who "authored" HB 1441 "The > > Cemetery Maintenance Bill") if it went to the House. > > If you look at IC 6-1 Chapter 6.8 Assessment of Cemetery Land. Section 15 > > addresses a little bit of ingress and egress, but only for a "classified > > cemetery". An owner of a classified cemetery must allow family members and > > descendants at least one day each year to visit the cemetery. That is all > > fine and dandy, but who in their right mind would pay to have a cemetery > > classified as a cemetery?! The owner of the cemetery has to pay to have it > > surveyed and then pay taxes on it and then allow ingress and egress across > > their land for visitation. Surveys are not cheap. > > > > > > Question #2: Unfortunately, legislation is always open to interpretation. > IC > > 35-43-1-2.1 Section 3 (b) states that a person who recklessly, knowingly, > or > > intentionally damages a cemetery, burial ground, facility, monument, > > artifact, ornamentation or enclosure commits a Class A misdemeanor or > Class > > D felony depending on the amount of damage done. If somebody's cows are > out > > in a cemetery, the cows are most likely going to do some damage i.e. > rubbing > > against the stones, trampling stones, breaking the fence, etc....I > > personally think the farmer is liable for the damage. Same thing with > > plowing a cemetery. He/She knew the cemetery was there, but tilled it > > anyway. He/She did it intentionally, recklessly and knowingly. > > > > The law reads: Sec 2.1 (1) A person who acts in a proper and acceptable > > manner as authorized by IC 14-21 other than a person who disturbs the > earth > > for an agricultural purpose UNDER THE EXEMPTION TO IC 14-21 that is > provided > > in IC 14-21-1-24." > > It gets very confusing, but this is how I interpret the law and I know > > others think differently. > > > > I know it isn't much, but that is my two cents worth. > > Angela > > > > ----- Original Message ----- > > From: "Stephens, Larry V" > > To: > > Sent: Tuesday, August 10, 2004 8:40 AM > > Subject: [INPCRP] Indiana cemetery law > > > > > > > For the Indiana folks: I'd like a quick comment on my observations from > > reading the Indiana codes on cemeteries: > > > > > > I find nothing that gives anyone the "right" to access a cemetery on > > private land. > > > > > > > > I find nothing that says you have to protect a private cemetery, e.g., > > fence it to keep the cows out. I did see some code about protecting a > > "public" cemetery but my reading of the code is a public cemetery is one > > that has been deeded to a public arm, like the township. A cemetery that > is > > on private land and is still owned by the landowner is not, by my reading, > > "public" and does not have to be protected. > > > > > > > > > > > > If anyone can point me to any IC that says differently, please do. > > > > > > Thanks. > > > > > > > > > > > > > > > Larry V. Stephens > > > Office of Risk Management > > > 812-855-9758 > > > [email protected] > > > > > > > > > > > > ==== INPCRP Mailing List ==== > > > INPCRP State Coordinator: Brad Manzenberger < [email protected] > > > > http://www.inpcrp.org > > > > > > > > > ==== INPCRP Mailing List ==== > > "Show me your cemeteries, and I will tell you what kind of people you > have." > > Benjamin Franklin (1706 - 1790) > > > > > > > > ==== 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." > >