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Indiana
PCRP
Stumbling Blocks |
All comments and additions to this list are
welcome. Send them to Scott Satterthwaite directly
or through the INPCRP mailing list.
| # | Stumbling Block |
|---|---|
| 1 | Wording of Indiana
Code 23-14-67 (CARE OF CEMETERIES BY COUNTIES), specifically paragraph
2:
"The board of commissioners of a county may appoint a county cemetery commission of five (5) county residents. The commission may request the levy of an annual tax not exceeding fifty cents ($.50) on each one hundred dollars ($100) of assessed valuation of property in the county for the purpose of restoring and maintaining the cemeteries described in section 1 of this chapter that were established in the county before 1850."The unfortunate use of the word "may", as shown in bold above, provides no mandate to the county commissioners. The amendment of this section to change the word "may" to "shall" should be a priority goal of this project. Further, even in the County Commissioners opt to create a County Cemetery Commission, the County Councils are under no duty or obligation to fund the Cemetery Commission. |
| 2 | Indiana
Code 23-14-68 (CARE OF CEMETERIES BY TOWNSHIPS):
"The trustee of each township shall locate and maintain all the cemeteries described in section 1(a) of this chapter that are within the township. . . . For the purposes of this chapter, the maintenance of a cemetery includes the following: |
| 3 | Indiana
Code
14-21-1 (DNR -- HISTORIC PRESERVATION AND ARCHEOLOGY), specifically
Subsection 24:
This statute ostensibly offers some measure of "protection" to Indiana's pioneer family cemeteries; however, the single greatest threat to these sites is specifically EXCLUDED from the provisions of the statute; to-wit: "Sections 25, 26, 28, and 29 of this chapter do not apply to the following: |
| 4 | Uncooperative landowners:
If you do any amount of work with old cemeteries, at one time or another you have run across a landowner that refuses to allow access to a land-locked cemetery. Being refused access, run off at gun point, and chained and locked cemetery gates are all things we or someone we know have had to contend with. The problem here is ignorance. In some cases the landowner feels that he owns the cemetery because it is surrounded by his land. In reality, the cemetery may be the property of the township. Often, county law enforcement is ignorant of the law or is unwilling to press the issue. Since Indiana Cemetery Laws are some of the least enforced laws in the state, township trustees are usually very lax about tending to these isolated old family plots. The best tool we have in these cases is public awareness. When the general public knows what can and must be done to protect these sites, local law enforcement will be forced to support our efforts. |
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