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Protections for cemeteries vary by state. In some states, disused or abandoned cemeteries can be developed by property owners with no public notice and no obligation to save or relocate markers, much less the burials. Abandonment standards vary, but key considerations would be whether the cemetery has had any recent burials, whether (and by whom) it is maintained.
In Maryland about 10 years ago, the old family cemetery of John Hanson, first American president under the Articles of Confederation, and with burials dating to the 17th century, was bulldozed for a development that was never even built.
Other problems are theft of antique tombstones and, of course, vandalism.
----- Original Message -----
From: Shirley McNeely<mailto:alabamakinchaser@yahoo.com>
To: CHRISTMAS-L(a)rootsweb.com<mailto:CHRISTMAS-L@rootsweb.com>
Sent: Sunday, May 15, 2005 4:35 PM
Subject: [CHRISTMAS] Please help save this cemetery in Clark County Indiana!
I feel we must help stop this from happening. I don't know if I have anestors in this cemetery or not. But why can't they leave our ancestors in peace they deserve to be let in peace! Please go to this site and let the editor know that this is not right! Save our cememteries!!!
This is in Clark County, Indiana!
http://www.news-tribune.net/<http://www.news-tribune.net/>
The following was posted by David Kent Coy. It pertains to the Allen-Jenkins cemetery; however, it is important to ALL OF US because if allowed to happen it will affect not only this cemetery, but all. Tony and Dan can tell you what has happened to some of our cemeteries in Monroe, Jackson and other counties in Indiana. It is appalling.
This developer thought because this was an old cemetery he could start work because it wouldn't be noticed!!! He has stated that his design does not include the cemetery being there.
PLEASE WRITE the newspapers; click on link to get to email. For Tribune, click on "To the Editor". We must support this effort.
It doesn't matter where you live. Your heritage is affected!!! Take a stand now!!!
David reports:
I attended last night's Clark County Planning Commission meeting at the
request of Dan and Betty Johnson and Paul and Pat Coffman. There are an
estimated 31 graves at Allen-Jenkins Cemetery. See
http://www.rootsweb.com/~incccpc/allencem.html<http://www.rootsweb.com/~incccpc/allencem.html> for limited information on
the site from several years ago.
The developers have point-blank announced their plan to move the cemetery
and have been shopping around for a funeral director to undertake the
project. Frankly, they won't have too much trouble finding someone willing
to do this dastardly deed.
We did not have the opportunity to speak last night; however, the entire
project (both phases) was TABLED last night primarily because the developer
pled ignorance about moving earth prior to receiving initial approval for
the project. Not only did he "move earth" on the site, he tore a major
excavation into a large pond on the project and drained it. One of the
Planning Commission members (David Ross Stevens) had been on-site and
observed the damage first-hand. There was also a report of additional
excavation in the last 48 hours. I have posed a question to Jeannie
Regan-Dinius inquiring as to whether any of the excavations took place
within 100 feet of the outer boundary of the cemetery and I am hoping her
office will investigate this situation.
The next big step is a scheduled appearance on the Agenda of the County
Commissioners' meeting on Thursday, May 19, 2005. The meeting will begin at
4:00 P.M. in Room 308, City County Building, Jeffersonville, Indiana.
We are especially concerned because this is the developer's FIRST project
ever. He admitted before last night's meeting that he wasn't familiar with
state laws about relocating cemeteries ("that's what lawyers are for"). He
apparently will not consider changing the design of the development to
incorporate the cemetery. I can't imagine that he would be aware of IC
14-21-1-26.5 (prohibiting disturbance of soil within 100 feet of known
cemetery or burial ground) either.
It is my understanding that the developers have NOT YET filed their Petition
to Disinter this cemetery pursuant to IC 23-14-57 (see
http://www.ai.org/legislative/ic/code/title23/ar14/ch57.html<http://www.ai.org/legislative/ic/code/title23/ar14/ch57.html> for the text of
that statute).
The developers' proposal will be back on the agenda next month, so our
attendance at that meeting will be even more critical than last night. Mark
your calendars today to be in the "Multi-Purpose Room" on the Third Floor of
the City-County Building in Jeffersonville on WEDNESDAY, JUNE 8th, at 6:00
P.M.
I have talked to several people, including the Johnsons and attorney David
Lewis, and none of them have been able to find a DEED either setting aside
the cemetery property OR a separate deed on the property. My first question
is "Who owns this cemetery?" They are still working on answering this
question.
The news story from this morning's Louisville Courier-Journal about attempts
to move Allen-Jenkins Cemetery in Clark County can be found at:
http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20<http://wwwcourier-journal.com/apps/pbcs.dll/article?AID=/20>
050512/NEWS02/505120397/1025
or http://tinyurl.com/9ns93<http://tinyurl.com/9ns93>
There was one misstatement in the C-J story. We had one unmarked cemetery
moved subsequent to the new law going into effect in 2002. This was a
unique situation because (a) the Court Order to Disinter was obtained BEFORE
2002 and (b) the remains were removed from a remote site owned by the Church
to the main cemetery owned by the same Church. To MY knowledge, that site
was the only cemetery moved in Clark County after IC 23-14-57 went into
effect. But, then again, this was about the time that I literally gave up
the fight and they may have shuffled other graves after that time without my
knowledge.
The Jeffersonville Evening News was at the meeting as well last night. I
expect they will run a story this afternoon. You can check their website at
http://www.news-tribune.net/<http://www.news-tribune.net/>
Lois
Finding Ancestors is like eating potato chips, bet you can't stop with just one.
Please visit my genealogy web site:
http://www.geocities.com/alabamakinchaser/index.html<http://www.geocitiescom/alabamakinchaser/index.html>
__________________________________________________
Do You Yahoo!?
Tired of spam? Yahoo! Mail has the best spam protection around
http://mail.yahoo.com<http://mail.yahoo.com/>
==== CHRISTMAS Mailing List ====
Christmas Web Page:http://homepages.rootsweb.com/~research/index.htm
I feel we must help stop this from happening. I don't know if I have anestors in this cemetery or not. But why can't they leave our ancestors in peace they deserve to be let in peace! Please go to this site and let the editor know that this is not right! Save our cememteries!!!
This is in Clark County, Indiana!
http://www.news-tribune.net/
The following was posted by David Kent Coy. It pertains to the Allen-Jenkins cemetery; however, it is important to ALL OF US because if allowed to happen it will affect not only this cemetery, but all. Tony and Dan can tell you what has happened to some of our cemeteries in Monroe, Jackson and other counties in Indiana. It is appalling.
This developer thought because this was an old cemetery he could start work because it wouldn't be noticed!!! He has stated that his design does not include the cemetery being there.
PLEASE WRITE the newspapers; click on link to get to email. For Tribune, click on "To the Editor". We must support this effort.
It doesn't matter where you live. Your heritage is affected!!! Take a stand now!!!
David reports:
I attended last night's Clark County Planning Commission meeting at the
request of Dan and Betty Johnson and Paul and Pat Coffman. There are an
estimated 31 graves at Allen-Jenkins Cemetery. See
http://www.rootsweb.com/~incccpc/allencem.html for limited information on
the site from several years ago.
The developers have point-blank announced their plan to move the cemetery
and have been shopping around for a funeral director to undertake the
project. Frankly, they won't have too much trouble finding someone willing
to do this dastardly deed.
We did not have the opportunity to speak last night; however, the entire
project (both phases) was TABLED last night primarily because the developer
pled ignorance about moving earth prior to receiving initial approval for
the project. Not only did he "move earth" on the site, he tore a major
excavation into a large pond on the project and drained it. One of the
Planning Commission members (David Ross Stevens) had been on-site and
observed the damage first-hand. There was also a report of additional
excavation in the last 48 hours. I have posed a question to Jeannie
Regan-Dinius inquiring as to whether any of the excavations took place
within 100 feet of the outer boundary of the cemetery and I am hoping her
office will investigate this situation.
The next big step is a scheduled appearance on the Agenda of the County
Commissioners' meeting on Thursday, May 19, 2005. The meeting will begin at
4:00 P.M. in Room 308, City County Building, Jeffersonville, Indiana.
We are especially concerned because this is the developer's FIRST project
ever. He admitted before last night's meeting that he wasn't familiar with
state laws about relocating cemeteries ("that's what lawyers are for"). He
apparently will not consider changing the design of the development to
incorporate the cemetery. I can't imagine that he would be aware of IC
14-21-1-26.5 (prohibiting disturbance of soil within 100 feet of known
cemetery or burial ground) either.
It is my understanding that the developers have NOT YET filed their Petition
to Disinter this cemetery pursuant to IC 23-14-57 (see
http://www.ai.org/legislative/ic/code/title23/ar14/ch57.html for the text of
that statute).
The developers' proposal will be back on the agenda next month, so our
attendance at that meeting will be even more critical than last night. Mark
your calendars today to be in the "Multi-Purpose Room" on the Third Floor of
the City-County Building in Jeffersonville on WEDNESDAY, JUNE 8th, at 6:00
P.M.
I have talked to several people, including the Johnsons and attorney David
Lewis, and none of them have been able to find a DEED either setting aside
the cemetery property OR a separate deed on the property. My first question
is "Who owns this cemetery?" They are still working on answering this
question.
The news story from this morning's Louisville Courier-Journal about attempts
to move Allen-Jenkins Cemetery in Clark County can be found at:
http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20
050512/NEWS02/505120397/1025
or http://tinyurl.com/9ns93
There was one misstatement in the C-J story. We had one unmarked cemetery
moved subsequent to the new law going into effect in 2002. This was a
unique situation because (a) the Court Order to Disinter was obtained BEFORE
2002 and (b) the remains were removed from a remote site owned by the Church
to the main cemetery owned by the same Church. To MY knowledge, that site
was the only cemetery moved in Clark County after IC 23-14-57 went into
effect. But, then again, this was about the time that I literally gave up
the fight and they may have shuffled other graves after that time without my
knowledge.
The Jeffersonville Evening News was at the meeting as well last night. I
expect they will run a story this afternoon. You can check their website at
http://www.news-tribune.net/
Lois
Finding Ancestors is like eating potato chips, bet you can't stop with just one.
Please visit my genealogy web site:
http://www.geocities.com/alabamakinchaser/index.html
__________________________________________________
Do You Yahoo!?
Tired of spam? Yahoo! Mail has the best spam protection around
http://mail.yahoo.com