Dear Garlo:
On the website of the Indiana Pioneer Cemeteries Restoration Project
("INPCRP") at
http://www.rootsweb.com/~inpcrp, you'll find links to the
exact
language of Indiana Code 23-14-68 (CARE OF CEMETERIES BY TOWNSHIPS), which
explains the responsibilities of Township Trustees in Indiana with respect to
cemeteries. Also available at:
http://www.ai.org/legislative/ic/code/title23/ar14/ch68.html
Bottom line: The Township Trustees do have certain STATUTORY
responsibilities, but only for cemeteries that are "without funds for
maintenance" AND on which property taxes are NOT assessed and paid. This is a
critical distinction and usually requires a good deal of research to
ascertain. Determining the tax status of a cemetery is fully explaining in a
report entitled, "Researching Cemetery Land Ownership in Indiana", also
available on the INPCRP website.
About a dozen counties in Indiana have County Cemetery Commissions, created
pursuant to IC 23-14-67 (CARE OF CEMETERIES BY COUNTIES). You'll find a link
to this statute on the INPCRP website, but it is also available at:
http://www.ai.org/legislative/ic/code/title23/ar14/ch67.html
The answer to one of your questions is that, yes, SOME cemeteries have
perpetual care funds that provide for maintenance (generally limited to mowing
the grass and other care for the grounds, but usually EXCLUDING the repair of
stones and markers). In such cases, there is an Association responsible for
the care of the site and usually that Association has X-number of dollars in a
"perpetual care fund" and the Association is permitted to use only the
INTEREST generated by said fund for maintenance of the site.
Thank you for caring.
Lois
----- Original Message -----
From: <MoremailLH(a)netscape.net>
To: <IN-CEMETERIES-L(a)rootsweb.com>
Sent: Saturday, April 07, 2001 4:06 PM
Subject: [IN-CEM] IN Cemetery Maintenance
I would like for someone to direct me to an explanation of cemetery
maintenance under Indiana law or post an explanation on this list. Some
cemeteries appear to be maintained better than others. Does this mean that
there are private funds for some cemeteries? What should be expected in older
cemeteries in rural areas?
Garlo