Over the course of the past week, our worst fears have been confirmed by first-hand accounts that some years ago a local developer BULLDOZED grave stones and blacktopped a portion (probably the bulk) of a very old pioneer cemetery here in Clark County, Indiana. Today there are 9-10 stones remaining in the corner of a strip shopping center parking lot. It looks like it's all perfectly legal. After you read this, if you are disturbed about this situation, pick up your phone or a pad and pencil and write to your Indiana State Representative and your Indiana State Senator and tell them what a travesty this is. We are advised that there WERE 80-100 graves at Hale McBride Cemetery some years ago. The most recent burial there was in 1935. The first was in at least 1863. Of course, since 80 to 90 percent of the graves are under the blacktop, it's hard telling how much older those graves might be. We approached the Township Trustee about the situation last week and, though he has tried to help, we learned today from the Township Attorney that, although the property was "RESERVED as a graveyard" in a partition action in 1882, inasmuch as the property owner is and has been paying taxes on the property, there is very little the Township Trustee can do to protect even what little remains of this cemetery. As such, the property appears to be outside the Trustee's responsibility. (I had mistakenly assumed that "RESERVED" meant "set aside" or "excepted from the deed" and thus protected by law from such encroachment.) Indiana Code 23-14-68, "Care of Cemeteries by Townships", states: "Section 1. (a) This chapter applies to each cemetery that: (1) is without funds for maintenance; (2) was in existence on February 28, 1939; and (3) is operated by a nonprofit organization or is not managed by any viable organization. (b) THIS CHAPTER DOES NOT APPLY TO A CEMETERY LOCATED ON LAND ON WHICH PROPERTY TAXES ARE ASSESSED AND PAID UNDER IC 6-1.1-4. "As added by P.L. 52-1997, SEC. 42." [Section (b) was added just this past year, as I understand the legislation.] To add insult to injury, there are two pay phones on the edge of the cemetery, within a hare's breath of the graves. There is a telephone utility pole in the cemetery and utility lines running through the ground above the graves. The payphones seem to draw a tremendous amount of suspicious traffic (apparently drug deals taking place there in broad daylight) and result in a high accumulation of trash and debris in the cemetery. I have contacted Ameritech about the possibility of getting those phones, poles and wire removed because of their proximity to the cemetery. The Township Attorney has asked me to poll my Internet contacts (meaning you) for case law and statutes in Indiana and in other states that might be "on point" with this situation. Any replies I receive from you will be forwarded to the Township Attorney. [We are aware of the Indiana Code on-line at http://www.ai.org/legislative/ic/code.] In this situation, we have the concern and good intentions of the Township Trustee and the Township Attorney; however, without substantial "ammunition", there may be very little we can do about this situation. It's entirely possible that this new change to the existing law on Care of Cemeteries by Townships is going to mean OPEN SEASON on pioneer cemeteries in Indiana. Pictures of Hale McBride Cemetery and some fairly recent information about this situation can be found at: http://www.geocities.com/Heartland/Plains/5881/halemcbridecem.html Thanking you in advance, I remain Lois Mauk, President Clark County Cemetery Preservation Committee Jeffersonville, Indiana