I guess no one saw the Channel 6 News (Indy) last Wednesday? Sy Jenkins did a little piece on the Bartholomew County Auditor, Vernon Jewell, who is refusing to sign off on Section 2 of the Crossmann Communities subdivision Shadow Creek Farms until they relinquish their rights to the cemetery. The Columbus Republic is doing a Sunday Special on it and I will try to get the text for that so you can read it since full access to their website requires subscription for some stupid reason. Basically, someone of authority FINALLY listened when I kept pointing out that the developer, just like some of the private landowners around here, doesn't have title the cemetery since a quarter of an acre was excepted from their deed. They have made fairly appropriate accommodations for the 7-grave site, but their plans still won't label it with the word "CEMETERY" (they use Burial Site, which isn't that big of a deal, but I think it they should all be labeled as cemetery so know one views ! any of them as different from the rest) and they claim it as an egress/ingress easement subject to the Homeowners association and maintained by them. I think EVERY piece of ground should have a title to it in this day and age, so I would like to see the county or township claim Quiet Title to it and then subdivide (just like anyone else would have to) and allow, in a written, recorded document, Crossmann to have clear title to the remainder, with the exception written in their new deed of the specific location of the new boundaries of the cemetery and the guaranteed an irrevocable access to it from the street. I sat in on a little unplanned talk with the county attorney and I think he sees it as lets do what it takes to get this thing over with before they give us anymore grief. I can understand that, really I can, but this just isn't one cemetery to me, it is also 11 more whose ownership will is at stake just here in this county. I AM NOT GOING AFTER CROSSMANN, they did! what was right and have done wonderful things here so far, but I have never believed that they would just claim adverse possession without documentation, then claim they had it regardless of adverse possession. I asked some people about the possibility of Crossmann being able to Quiet Title the 1/4-acre vs. the County doing the same. I was told that the county would not & could not ever do that. If that is the case, I would think descendents of the last family to have clear title should be able to claim Quiet Title, regardless of where they live. I have formed a cemetery group (unofficially) here of my own at the moment, since others here think there needs to be legal things drawn up to do so and its always that they will look into it and get back to me. Trouble is that when there is an issue to stand up for and the heat is on (in this case in the form of the developer) I am the one left looking like I am some odd-eccentric old maid who has too much time on here hands. I am thinking about the Bartholomew County Citizens Safeguarding Cemeteries or the BCCSC (I prefer the term Burial Sites in my book I'm doing for the auditor, but I think there's already enough BS in the local government so I am using Cemetery instead!) What do you guys think? Cris West Bartholomew County Citizens Safeguarding Cemeteries ? Columbus, IN
Cris, This sounds like a terrific fix for some of us. If we could get the planning departments to require the developers to transfer the cemetery titles to the counties and/or even private trustees, that would provide a safeguard for them, since then the government is ensuring all eyes are on them. Sue Silver CA ----- Original Message ----- From: "Christine West" <cherokee@shelbynet.net> To: <INPCRP-L@rootsweb.com> Sent: Saturday, February 09, 2002 7:09 AM Subject: [INPCRP] Channel 6, Last Wednesday? > I guess no one saw the Channel 6 News (Indy) last Wednesday? Sy Jenkins did a little piece on the Bartholomew County Auditor, Vernon Jewell, who is refusing to sign off on Section 2 of the Crossmann Communities subdivision Shadow Creek Farms until they relinquish their rights to the cemetery. The Columbus Republic is doing a Sunday Special on it and I will try to get the text for that so you can read it since full access to their website requires subscription for some stupid reason. Basically, someone of authority FINALLY listened when I kept pointing out that the developer, just like some of the private landowners around here, doesn't have title the cemetery since a quarter of an acre was excepted from their deed. They have made fairly appropriate accommodations for the 7-grave site, but their plans still won't label it with the word "CEMETERY" (they use Burial Site, which isn't that big of a deal, but I think it they should all be labeled as cemetery so know one views ! > any of them as different from the rest) and they claim it as an egress/ingress easement subject to the Homeowners association and maintained by them. I think EVERY piece of ground should have a title to it in this day and age, so I would like to see the county or township claim Quiet Title to it and then subdivide (just like anyone else would have to) and allow, in a written, recorded document, Crossmann to have clear title to the remainder, with the exception written in their new deed of the specific location of the new boundaries of the cemetery and the guaranteed an irrevocable access to it from the street. I sat in on a little unplanned talk with the county attorney and I think he sees it as lets do what it takes to get this thing over with before they give us anymore grief. I can understand that, really I can, but this just isn't one cemetery to me, it is also 11 more whose ownership will is at stake just here in this county. I AM NOT GOING AFTER CROSSMANN, they did! > what was right and have done wonderful things here so far, but I have never believed that they would just claim adverse possession without documentation, then claim they had it regardless of adverse possession. > > I asked some people about the possibility of Crossmann being able to Quiet Title the 1/4-acre vs. the County doing the same. I was told that the county would not & could not ever do that. If that is the case, I would think descendents of the last family to have clear title should be able to claim Quiet Title, regardless of where they live. > > I have formed a cemetery group (unofficially) here of my own at the moment, since others here think there needs to be legal things drawn up to do so and its always that they will look into it and get back to me. Trouble is that when there is an issue to stand up for and the heat is on (in this case in the form of the developer) I am the one left looking like I am some odd-eccentric old maid who has too much time on here hands. I am thinking about the Bartholomew County Citizens Safeguarding Cemeteries or the BCCSC (I prefer the term Burial Sites in my book I'm doing for the auditor, but I think there's already enough BS in the local government so I am using Cemetery instead!) > > What do you guys think? > > > Cris West > Bartholomew County Citizens Safeguarding Cemeteries ? > Columbus, IN > > > ==== INPCRP Mailing List ==== > "Show me your cemeteries, and I will tell you what kind of people you have." > Benjamin Franklin (1706 - 1790) > >