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Best I can interpret it, it appears HB 1184 (which was signed by the Speaker
of the House on 3/9/2000) is scheduled for execution by the Governor on
3/16/2000.
Per http://www.ai.org/gov/pr/public-bill-list.htm , "action" on the Bill is as
follows:
Bill: HEA 1184
Title: Cemeteries and burial grounds.
Action Date: 3/9/00
Action Taken/Date: 3/16/00
Bubblecut(a)aol.com wrote:
>
> I think I've posted something about this on this list before, but I have a
> little more information now and thought I'd try again.
> For about 30 years, I've been under the impression that the cemetery that my
> great-great-grandparents and three of their children were buried in was Deer
> Creek (that's what my great aunt told me - in fact, I've since found a note
> that she wrote that it was once called Lenon (sp?) cemetery, but was now
> known as Deer Creek) in Cass County. Well, I don't recognize a thing about
> the photos of "Deer Creek" cemetery on the Cass County GenWeb site. If
> anyone recognizes this minimal description, please let me know. My great
> aunt also wrote that it was northeast of Young America. Debby Beheler, the
> Cass County site coordinator, is as stumped as I am. The cemetery was very
> small (I could be wrong, but maybe 30' x 30'). Fenced in, in a wooded area.
> We took several back roads to get there and I think it was almost a
> dirt/gravel road that actually led up to the cemetery itself. My
> great-great-grandparents and three of their children are buried there (Jacob
> and Polly Sutherland, and their daughters, Indianeta, Sarah and Effa). Their
> stone, as I recall (one stone for all of them) was sort of a square, pointed
> pedestal shape, was rather worn, but the engraving was fairly new, like it
> had been re-engraved. At the time I was there (late 1960s, early 1970s), it
> looked like it was being kept mowed, but that was about it. Now I'm
> wondering if this may now be one of those forgotten little cemeteries that is
> now overgrown (in 30 years, it could have virtually disappeared, the way
> vegetation can take over!), or, heaven forbid, has been destroyed! Would
> appreciate any help/ideas that anyone might have.
> Thanks,
> Jan Rader
> Kent, Ohio
>
> ==== INPCRP Mailing List ====
> This list is for discussion of topics related to the Indiana Pioneer
> Cemeteries Restoration Project only.
Hello Jan,
Your Family the Sutherland are all buried in the Hoover-Snyder Cemetery,
This Cemetery is in Cass Co.IN. Road 1100 South and 250 East.
Hope this will be of help.We have a copy of the tombstones for this
Cemetery that a man by thename of Dave Arnold did for us.
Phyllis Moore
Carroll Co.Museum Curator
The Genealogical Society of Marion County
<http://home.earthlink.net/~thehague/gsmc.htm> is holding its 5th Annual
Central Indiana Genealogy Conference on SATURDAY, APRIL 15, 2000.
Our friend JOHN WALTERS of Fayette Co., IN will be speaking at the afternoon
session on "Cemetery Preservation and Restoration".
The morning speakers will be Betty L. Warren, a professional genealogist who
will present "Back to Basics", an introduction to family history research, and
Ronald L. Darrah, Central District Director for the Indiana Genealogical
Society and Executive Director of the GSMC, who will present "Research in the
Indianapolis Metroplex".
The registration fee is $22 until 4/1/2000, when the cost will increase to $24
(GSMC members may deduct $2 from either fee.)
I've scanned the flyer I received into a PDF file and uploaded it to the
website at:
http://www.rootsweb.com/~inpcrp/IndyGenConf.PDF
Lois
=================
Clark County Cemetery Preservation Committee --
Next meeting: Saturday, April 1, 2000, at Charlestown Library
http://www.geocities.com/Heartland/Plains/5881
Clark County GENWEB Project:
http://www.rootsweb.com/~inclark
Indiana Pioneer Cemeteries Restoration Project:
http://www.rootsweb.com/~inpcrp
For those of us who are out of state, and can't be there for the
demonstration, is there an address we can write this person Mr. Compton, (or
company - is it Crossman Communities?)
All the email that was sent to the House & Senate helped the latest bill get
passed, maybe we can help out on this one too by either writing or emailing
the Development Company. If you have or can get this info then please post
it here, we will do what we can to help out, even from a distance.
Susan in Victoria, BC Canada
----- Original Message -----
From: "JRK" <fifthgenkempf(a)yahoo.com>
To: <INPCRP-L(a)rootsweb.com>
Sent: Tuesday, March 07, 2000 4:55 PM
Subject: [INPCRP] Fowler-Mundy Pioneer Cemetery Demonstration
> Hi List,
>
> I've found a desecrated Pioneer Fowler-Mundy Cemetery
> that dates back into the 18th century.
<snip>
Vice President Compton of the Southern
> Dunes development has been stone walling
<snip>
> We plan to have a demonstration on March 16th at 7:00
> A.M. to 9:00 A.M. at the Southern Dunes front entrance
> on Wellingshire Av. right off of Southport Rd
<snip>
> I pray that many genealogists, community
> preservationists and just plain good people will turn
> out to grab a sign and join the demonstration
> Sincerely,
> Jeff Kempf
> 4408 Dudley South Dr.
> Indianapolis, Indiana
> 46237
>
> 317-780-6812
>
>
>
> =====
> ****FAMILIES ARE FOREVER*****
Family Historian of the following
names;PIPER/ALBERT/KEMPF/WADDLE/MURRAY/JAO/HAAF/SCHMERR/ERLENBACH/HAMEL/NEWL
AND/BROWN/WAGNER/RUEBEL/SANTOS/DEMESA/PEDIGO/BUSH/JAOJOCO/SPATZ. Hamilton
County Ohio Genealogy Society Member, CH.A.D.D. Member.
> __________________________________________________
> Do You Yahoo!?
> Talk to your friends online with Yahoo! Messenger.
> http://im.yahoo.com
>
>
> ==== INPCRP Mailing List ====
> This list is for discussion of topics related to the Indiana Pioneer
> Cemeteries Restoration Project only.
>
Hi List,
I've found a desecrated Pioneer Fowler-Mundy Cemetery
that dates back into the 18th century. Its in the
middle of Southern Dunes development in the Far
Southwest side of Indianapolis. Its hidden in a
thicket of woods for a good reason. ITS IN HORRIBLE
SHAPE.
10-20 year growth of trees, shrubs, weeds have hidden
this Pioneer cemetery and the development company has
done nothing over the years to provide care and
maintenance. Vice President Compton of the Southern
Dunes development has been stone walling. The
headstones and markers are covered with mold and
mildew and most cannot even be seen.
The barbed wire fence has been taken down and looks as
if there is recent damage as well. The multi-million
dollar development that surrounds this Pioneer
Cemetery is a testimony to the contempt that these
developers have for our ancestors in Indiana.
We plan to have a demonstration on March 16th at 7:00
A.M. to 9:00 A.M. at the Southern Dunes front entrance
on Wellingshire Av. right off of Southport Rd. The
Perry Township Trustee knows of the situation but
cannot force a restoration because of Indiana law but
we hope that this demonstration will encourage
Southern Dunes to cooperate with us. The Perry
Township Historical Society has been notified too.
I pray that many genealogists, community
preservationists and just plain good people will turn
out to grab a sign and join the demonstration. local
community leaders and the local news will be notified
too. If you can volunteer or help out in any way let
us know. We hope to accomplish the full restoration to
the Fowler-Mundy Pioneer Cemetery!
Sincerely,
Jeff Kempf
4408 Dudley South Dr.
Indianapolis, Indiana
46237
317-780-6812
=====
****FAMILIES ARE FOREVER***** Family Historian of the following names;PIPER/ALBERT/KEMPF/WADDLE/MURRAY/JAO/HAAF/SCHMERR/ERLENBACH/HAMEL/NEWLAND/BROWN/WAGNER/RUEBEL/SANTOS/DEMESA/PEDIGO/BUSH/JAOJOCO/SPATZ. Hamilton County Ohio Genealogy Society Member, CH.A.D.D. Member.
__________________________________________________
Do You Yahoo!?
Talk to your friends online with Yahoo! Messenger.
http://im.yahoo.com
In a message dated 3/7/00 6:57:30 PM Central Standard Time,
fifthgenkempf(a)yahoo.com writes:
<< We plan to have a demonstration on March 16th at 7:00
A.M. to 9:00 A.M. at the Southern Dunes front entrance
on Wellingshire Av. right off of Southport Rd. The
Perry Township Trustee knows of the situation but
cannot force a restoration because of Indiana law but
we hope that this demonstration will encourage
Southern Dunes to cooperate with us. The Perry
Township Historical Society has been notified too.
>>
Do you have any names from the stones at this cemetery? Too bad it's not
being done on a weekend, I'd drive down for it!
Carol Bradbury, Beach Park, IL
(FOWLER descendant, Morgan County)
WOW!
I would be there...but alas! I live in Washington State....
KUDOS to all you for standing up (literally) for that poor graveyard and our
heritage!!
Darla Dunkin Ushler
Marysville, Washington
Legislative wrap-up: The enrolled act is printed and contains the minimal
language that the Senate passed. I'm sure Lois will post a link to the
final bill, once she gets a chance.
Several legislators encouraged all of us to come back next year, to
recommend changes that would improve the bill. Please share your ideas on
this, once you see the language and consider the goals of preservation and
protection.
On a broader historic preservation front, there is still much bipartisan
legislative interest for next year in again proposing a Department of
Indiana Heritage, which would be a major reorganization of multiple state
agencies dealing with aspects of Indiana history. Like 1999, the Governor's
office didn't push for this bill and so it died. All depends on the
Governor's office, as I understand it; maybe in 2001 he will see how
beneficial such a department would be, and make this Indiana Heritage one of
his priorities.
Cheryl Ann Munson
______________________________________________________
Get Your Private, Free Email at http://www.hotmail.com
I think I've posted something about this on this list before, but I have a
little more information now and thought I'd try again.
For about 30 years, I've been under the impression that the cemetery that my
great-great-grandparents and three of their children were buried in was Deer
Creek (that's what my great aunt told me - in fact, I've since found a note
that she wrote that it was once called Lenon (sp?) cemetery, but was now
known as Deer Creek) in Cass County. Well, I don't recognize a thing about
the photos of "Deer Creek" cemetery on the Cass County GenWeb site. If
anyone recognizes this minimal description, please let me know. My great
aunt also wrote that it was northeast of Young America. Debby Beheler, the
Cass County site coordinator, is as stumped as I am. The cemetery was very
small (I could be wrong, but maybe 30' x 30'). Fenced in, in a wooded area.
We took several back roads to get there and I think it was almost a
dirt/gravel road that actually led up to the cemetery itself. My
great-great-grandparents and three of their children are buried there (Jacob
and Polly Sutherland, and their daughters, Indianeta, Sarah and Effa). Their
stone, as I recall (one stone for all of them) was sort of a square, pointed
pedestal shape, was rather worn, but the engraving was fairly new, like it
had been re-engraved. At the time I was there (late 1960s, early 1970s), it
looked like it was being kept mowed, but that was about it. Now I'm
wondering if this may now be one of those forgotten little cemeteries that is
now overgrown (in 30 years, it could have virtually disappeared, the way
vegetation can take over!), or, heaven forbid, has been destroyed! Would
appreciate any help/ideas that anyone might have.
Thanks,
Jan Rader
Kent, Ohio
As of 10 AM on 3/4/2000, the FINAL version of HB 1184 has not yet been posted
to the webpage (the one including the correction that Cheryl Munson was able
to bring to their attention just in the nick of time).
Since the 2000 General Assembly came to a last-minute close just last night
(Friday), I suspect the webmasters have not yet had an opportunity to update
this particular bill's page. Give them a day or so to get caught up and I'm
sure it will be posted by early next week, at the latest, to:
http://www.state.in.us/serv/lsa_billinfo?year=2000&request=getBill&docno=...
In the meantime, I recommend you click on "(PDF)", to the right of the words
"Latest Printing". At the moment, the 2/29/2000 version is posted there, but
it will be replaced with the 3/3/2000 version very shortly.
The "Action List" link just below "Latest Printing" gives a day-to-day summary
of activitity concerning this bill.
Lois
----- Original Message -----
To: Lois Mauk <LoisMauk(a)home.com>
Sent: Saturday, March 04, 2000 9:53 AM
Subject: Re: [INPCRP] Technical correction made to HB 1184
> I went to the site for house bill 1184, but there are so
> many links, that I'm not clear on which one is the latest,
> final, passed version (or if it's even there yet). Can you
> help?
>
> Thanks,
>
> Elizabeth
Below is Indiana State Rep. Markt Lytle's 3/3/2000 news release concerning the
passage of HB 1184. It was found this morning on Rep. Lytle's website at:
http://www.state.in.us/R69/
Though I haven't yet had time to update the page to indicate the passage of HB
1184, more information on this legislation is available on the Indiana Pioneer
Cemeteries Restoration Project's website at:
http://www.rootsweb.com/~inpcrp
I also wish to express my appreciation to everyone who has contacted an
Indiana State Legislator in support of cemetery law reform here. Your input
has been of critical importance in persuading the General Assembly to act on
this subject. Thank you.
Lois Mauk
====================
March 3, 2000
"Lytle: Governor will consider continuing cemetery reforms"
INDIANAPOLIS -- A second step in reforming Indiana's cemetery laws has been
approved by the Legislature and is on the way to Gov. Frank O'Bannon for final
approval, according to State Rep. Markt Lytle (D-Madison).
Indiana House members today concurred with changes made by the state Senate to
House Bill 1184, legislation authored by Lytle to continue the process of
identifying and protecting cemeteries on public and private land throughout
the state.
"There are three critical provisions in this legislation," Lytle said. "The
Indiana Department of Natural Resources (DNR) will survey and record all
cemeteries and burial grounds in the state. The DNR will either handle this on
its own or contract with a historical society or the Historic Landmarks
Foundation of Indiana to do the actual work.
"The second major provision creates a 100-foot buffer zone around a recorded
cemetery or burial ground," he added. "People who wish to disturb property
within the zone must submit a development plan for DNR approval. There will be
exceptions to this rule that cover people who have homes that abut
cemeteries."
Finally, House Bill 1184 requires any person who sells land that contains a
cemetery to disclose its location on a property deed.
"In 1999, we began the process of reforming our state's cemetery laws to
provide an accurate idea of the location of as many of these grounds as
possible so that we could adequately preserve them," Lytle said. "Last year's
focus was keeping track of grave sites in smaller private cemeteries that
might be disturbed, providing a record of any memorials that are lawfully
removed and penalizing those people who engage in criminal mischief in
cemeteries.
"This year we are beginning the process of compiling a statewide record of
cemeteries and burial grounds," he noted. "House Bill 1184 provides a crucial
next step in assuring that the memories of our loved ones are remembered in a
suitable way, and I am very hopeful that the governor will sign this bill into
law."
# # #
I just stumbled across the Genealogical Society of Marion County's website,
where I found photos of the monument erected at the site where the remains of
35 children and 8 adults disinterred from Rhoads Cemetery in Indianapolis were
reburied several years after they were exhumed to make way for the
construction of a giant warehouse.
I think you all remember Bill Shaw's extraordinary story on this situation. I
can't post the URL for Bill's story here because it caused such a firestorm on
Rootsweb and the Internet that they had to "blackball" that particular URL.
However, you'll find a prominent link to the story on the INPCRP main webpage.
Below is the URL for the photos of the Rhoads Cemetery memorial:
http://home.earthlink.net/~thehague/CrownHil.htm
[Be sure to click on the photos to see a larger image.]
Your thoughts?
Lois
=================
Clark County Cemetery Preservation Committee --
Next meeting: Saturday, March 4, 2000, in Carr Twp.
http://www.geocities.com/Heartland/Plains/5881
Clark County GENWEB Project:
http://www.rootsweb.com/~inclark
Indiana Pioneer Cemeteries Restoration Project:
http://www.rootsweb.com/~inpcrp
Dear Friends:
Looks like the General Assembly acted upon Cheryl's warnings about the
accidental omission from HB 1184:
2000-03-01 Third reading (in SENATE): passed; Roll Call 261: Yeas 50 and
Nays 0
2000-03-01 Returned to the House with amendments
2000-03-01 Senate Rule 33(c) technical correction adopted
2000-03-03 House concurred in Senate amendments Roll Call 391: Yeas 89
and Nays 1
This means HB 1184 (with its attendant amendments, omissions and corrections)
has passed both the House and the Senate. The full text of the bill as passed
and amended on 3/3/2000 will soon be available at:
http://www.state.in.us/serv/lsa_billinfo?year=2000&request=getBill&docno=...
(It wasn't there at the time of the writing of this message.)
I understand this Session of the General Assembly was scheduled to end at
midnight tonight (Friday, 3/3/2000). It appears that HB 1184 now goes to the
Governor for execution. That will probably happen in April or May. The new
legislation will go into effect on July 1, 2000.
While HB 1184 does not solve all of our problems with respect to protecting,
preserving and maintaining pioneer cemeteries, this in conjunction by HB 1522
(Public Law 100) and what we hope to accomplish in the future will go a LONG
way to extending some measure of protection to these historic sites by:
Providing that the department of natural resources (DNR) alone or with the
assistance of certain entities may survey and register all cemeteries and
burial grounds in Indiana in a registry that the DNR establishes and
maintains.
Allowing the DNR to accept donations and establish a trust fund for the
cemetery survey.
Requiring a person who wishes to disturb the ground within 100 feet of a
recorded cemetery or burial ground for erecting, altering, or repairing a
structure to submit a development plan to the DNR for approval according to
standards established by rule.
Making certain exceptions.
Requiring the DNR to review the development plan not later than 60 days after
the plan is submitted.
Providing a separate approval procedure for plans of governmental entities.
Requiring a person who records any interest in property where a burial ground
or cemetery is known to be located to record the deed to the property with the
appropriate county recorder.
Requiring that the deed must indicate that the deed pertains to property on
which a burial ground or cemetery is known to be located.
Requiring the county recorder to send a copy of the deed to: (1) the
department of natural resources; and (2) the local cemetery board, or if no
local cemetery board exists, to the county commissioners; not later than
thirty (30) days after the deed is recorded.
[From the official synopsis of the bill at
http://www.state.in.us/legislative/bills/2000/EH/EH1184.1.html.]
If you'd like to drop a line to Gov. Frank O'Bannon to urge him to sign this
latest bill into law, you can find an e-mail link for him at
http://www.state.in.us/gov/
I'd also suggest we drop a line to the Representatives and Senators who
sponsored HB 1184:
Representatives Lytle, Bischoff, Dillon and Stevenson
Senators Wheeler, Merritt, Lewis and Craycraft
I believe you'll find contact info for each of these individuals at:
http://www.rootsweb.com/~inpcrp/2000Legislation.html
Lois
=================
Clark County Cemetery Preservation Committee --
Next meeting: Saturday, March 4, 2000, in Carr Twp.
http://www.geocities.com/Heartland/Plains/5881
Clark County GENWEB Project:
http://www.rootsweb.com/~inclark
Indiana Pioneer Cemeteries Restoration Project:
http://www.rootsweb.com/~inpcrp
>House Bill 1184 on 02-28-2000 had its second reading before the Senate,
>where it was amended as recommended by the Senate Committee that heard it,
>and ordered engrossed. The full Senate must vote on this bill at its Third
>reading, at which point it can amend the bill. I just found out that the
>bill was scheduled for the Third reading this morning, so if it passed it
>is probably the same version as passed the 2nd reading.
>
>If the bill did pass the Senate, then the House must review the changes
>and vote on its passage as amended, and a conference committee may work
>out differences between the House and Senate versions.
>
>Here are some comments from my reading of the Senate engrossed version
>that was posted to the web this afternoon.
>
>1. One very important issue for "prehistoric burial places" is that the
>Senate amendments deleted, accidentally I think, what might have looked
>like a minor amendment of IC 35-43-1-2.1, that was contained in the House
>Bill following a long section on "recording interests". The House version
>(see page 14, lines 8-30) -- added the term "burial grounds" to the
>cemetery michief provisions, so that they would have the they would have
>same protection as "historic" cemeteries.
>
>No one in the Senate Committee spoke about any concern whatsoever with
>this correction of the statutes, so I believe the deletion of this section
>of the original bill was inadvertent.
>
>Although this key amendment is not in the Senate version, it may still be
>possible to address this ommmision in Conference Committee.
>
>People can ask their Senators and Representatives to please ask the
>bill's author, Rep. Lytle, and all the House (Lytle, Bischoff, Dillon,
>Stevenson) and Senate (Wheeler, Merritt, Lewis, Craycraft) sponsors to
>add back in the wording in the House bill that was inadvertantly deleted:
>
>SOURCE: IC 35-43-1-2.1; (00)MO118405.14. --> "SECTION 14. IC
>35-43-1-2.1 , AS ADDED BY P.L.100-1999,
>SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec.
>2.1. (a) This section does
>not apply to the following:
> (1) A person who acts in a proper and acceptable manner as
>authorized by IC 14-21 other than a person who
>disturbs the earth for an agricultural purpose under the exemption to IC
>14-21 that is provided in IC 14-21-1-24.
> (2) A person who acts in a proper and acceptable manner as
>authorized by IC 23-14.
> (b) A person who recklessly, knowingly, or intentionally:
> (1) damages a cemetery or a facility used for memorializing the
>dead;
> (2) damages the grounds owned or rented by a cemetery or facility
>used for memorializing the dead; or
> (3) disturbs, defaces, or damages a cemetery monument, grave
>marker, grave artifact, grave ornamentation, or
>cemetery enclosure; or
> (4) disturbs, defaces, or damages a burial ground (as defined in
>IC 14-21-1-3 );
>commits cemetery or burial ground mischief, a Class A misdemeanor.
>However, the offense is a Class D felony if
>the pecuniary loss is at least two thousand five hundred dollars
>($2,500).".
> Renumber all SECTIONS consecutively.
> (Reference is to HB 1184 as printed January 26, 2000.).
>
>2. The bill is much shorter than the original version. The same
>exemptions are present for the coal industry, since their mining permits
>already have a requirement for cemetery preservation and they tell
>everyone they do a good job in this regard.
>
>Utility (gas, water, electric, telephone, cable, oil, etc.) companies
>arranged to get a further exemption: this from having to record on deeds
>any cemeteries or burial grounds known to them for lands they own or hold
>leases to.
>
>Further, the only persons who must submit a development plan and win
>approval are those who would "disturb the gound within 100 ft of a
>recroded burial ground or cemetery for the purpose of erecting, altering,
>or repairing any structure." The law "does not apply to any activity that
>would reasonably be considered routine repair or maintenance."
>
>3. When a cemetery is known to a landowner/leaseholder, or once a
>cemetery or burial ground is recorded and the landowner/leasholder told
>that the burial place exists, he must record the existence of the burial
>ground/cemetery on the deed to the property. Utility companies are again
>exempted from this requirement.
>
>That "known" cemetery cannot be impacted in any way (land clearing,
>livestock use, timber cutting, or plowing) without violating IC
>35-43-1-2.1.
>
>(But thanks to the Senate's amendments to the bill, if they stand, there
>will be no violation of the law for impacting burial grounds, even if they
>are registered with the state and county, until human remains are actually
>disturbed. Stopping the bulldozer at that point is hardly preservation.
>And sometimes the point is irrelevant because bone is not recognized or
>only stains area preserved. In any case, people will be able to legally
>bulldoze as many burial mounds as they want to, this section of the law is
>properly changed.)
>
>You can see the full text of HB 1184 at:
>
>http://www.state.in.us/legislative/bills/2000/PDF/EH/EH1184.2.pdf
>
>Cheryl
>___________________________
>Cheryl Ann Munson
>
>
>
>
______________________________________________________
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