> 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 have a very vague knowledge of the laws. I think I am clear on IC 32-1-2-4, which says "Conveyances of lands, or of any interest therein, shall be by deed in writing, subscribed, sealed and duly acknowledged by the grantor, or by his attorney; except bona fide leases for a term not exceeding three (3) years." Ground excepted from a transfer does not have a written deed. Looking at it this way, the ground should be able to be rightfully claimed by the heirs of the last people to hold clear title to it. If they could claim Quiet Title to it through the court, then a deed would be written for it. They could then transfer the titles to the county or township. According to the county auditor, he says such pieces of ground can never have a title on them because the county or township is not willing to or able to step up and claim they own them. Cris

Or, in the case of California Government Code section 182: When title to property fails for want of an heir or next of kin, it reverts to the public. Surely this is based on common law and when the exception is so old no Court could rule that all persons having interest are themselves deceased, that the property would not revert to the public. Somebody needs to check with an attorney in Indiana to see if something like this exists in your codes. Sue ----- Original Message ----- From: "Christine West" <cherokee@shelbynet.net> To: <INPCRP-L@rootsweb.com> Sent: Saturday, February 09, 2002 8:34 PM Subject: Re: [INPCRP] Channel 6, Last Wednesday? > > 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 have a very vague knowledge of the laws. I think I am clear on IC > 32-1-2-4, which says "Conveyances of lands, or of any interest therein, > shall be by deed in writing, subscribed, sealed and duly acknowledged by the > grantor, or by his attorney; except bona fide leases for a term not > exceeding three (3) years." > > Ground excepted from a transfer does not have a written deed. Looking at it > this way, the ground should be able to be rightfully claimed by the heirs of > the last people to hold clear title to it. If they could claim Quiet Title > to it through the court, then a deed would be written for it. They could > then transfer the titles to the county or township. According to the county > auditor, he says such pieces of ground can never have a title on them > because the county or township is not willing to or able to step up and > claim they own them. > > > Cris > > > ==== INPCRP Mailing List ==== > If we cannot respect the dead, how can we respect the living? > >