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Hello John,
My son is Calvin Warner who lives in Tipton with his family. His wife Kim is a teacher at
Tipton High School. I plan to be headed in the direction of Tipton this evening. I will try to
find the time to pinpoint the location of the cemetery.
Best wishes,
Dr. Ron Warner
Ball State University
-----Original Message-----
From: Joan Wray [mailto:ejwray@ccrtc.com]
Sent: Monday, April 05, 2004 8:42 PM
To: INPCRP-L(a)rootsweb.com
Subject: Re: [INPCRP] Ingress and egress
Hello Ronald:
I represent the Tipton County Cemetery Preservation group and would like to
know the road numbers as we know the locations and names of the Tipton
County cemeteries.
We are trying to interest more Tipton County People in doing the cemetery
repair, but this is a slow process.
Let me know the road numbers so we can locate what one you are talking
about. You can e-mail me at: ejwray(a)ccrtc.com direct.
Joan Wray,
Tipton County
----- Original Message -----
From: "Warner, Ronald C." <rwarner(a)bsu.edu>
To: <INPCRP-L(a)rootsweb.com>
Sent: Monday, April 05, 2004 12:38 PM
Subject: RE: [INPCRP] Ingress and egress
> I discovered a landlocked pioneer cemetery in Tipton County just south of
> Windfall. It is totally neglected and overgrown with not even a path
leading
> to it. Are there any list members from Tipton County who would be
interested
> in a project to restore it?
>
> -----Original Message-----
> From: gtielking [mailto:tielking@knightstown.net]
> Sent: Sunday, April 04, 2004 3:44 PM
> To: INPCRP-L(a)rootsweb.com
> Subject: [INPCRP] Ingress and egress
>
>
> Hello everyone,
>
> I took a real estate class and learned something of interest. We talked
about easements and the many different types of easements. One of which is
an "easement by necessity".
> An easement by necessity "is an appurtenant easement that arises when an
owner sells part of his or her land that has no access to a street or public
way except over the seller's remaining land. An easement by necessity is
created by court order based on the principle that owners have the right to
enter and exit their land (the right of ingress and egress) - they should
not be landlocked."
> [Source: Tucker School of Real Estate 16th edition pg. 113]
>
> I know this is a long stretch, but can we use this as a way to get to
landlocked cemeteries? If not us, at least township trustees?
>
> Grasping at straws...........
> Angela Tielking
>
>
> ==== INPCRP Mailing List ====
> Blessed are the Elderly, for they remember what we will never know.
>
>
>
> ==== INPCRP Mailing List ====
> Quote from William Gladstone (1809-1897), three-time Prime Minister of
England
> and Victorian contemporary of Benjamin Disraeli:
> "Show me the manner in which a nation or community
> cares for its dead and I will measure with mathematical
> exactness the tender mercies of its people, their
> respect for the laws of the land, and their loyalty
> to high ideals."
>
>
==== INPCRP Mailing List ====
To UNSUBSCRIBE, send message consisting only of
"UNSUBSCRIBE" to INPCRP-L-REQUEST(a)rootsweb.com
or to INPCRP-D-REQUEST(a)rootsweb.com (for DIGEST version)
I think you will find the Indiana Farm Bureau lobby and their lawyers
are on the other side of the argument. Indiana private property
rights are still considered very sacred and ingress and egress rights
will be debated for next five years before any progress will be made
in the legislature.
** Exactly what I think.
>Would your attorney please cite something to back that up? I could
>certainly use it.
>
** But my point is, the atty referenced below says we have the rights. I want to see some cites to see what that is based upon.
>-----Original Message-----
>From: MANEAL13(a)aol.com [mailto:MANEAL13@aol.com]
>
>Yes, you can. My attorney assures me that the public has a right to
>visit
>all cemeteries, even "private" ones.
>
>
Larry V. Stephens
Office of Risk Management
812-855-9758
stephenL(a)indiana.edu
Larry,
I think you will find the Indiana Farm Bureau lobby and their lawyers
are on the other side of the argument. Indiana private property
rights are still considered very sacred and ingress and egress rights
will be debated for next five years before any progress will be made
in the legislature.
Mark Davis
Stone Saver
---- Original Message ----
From: stephenl(a)indiana.edu
To: INPCRP-L(a)rootsweb.com
Subject: RE: [INPCRP] Ingress and egress
Date: Tue, 6 Apr 2004 09:16:36 -0500
>Would your attorney please cite something to back that up? I could
>certainly use it.
>
>
>
>
>Larry V. Stephens
>Office of Risk Management
>812-855-9758
>stephenL(a)indiana.edu
>
>
>
>-----Original Message-----
>From: MANEAL13(a)aol.com [mailto:MANEAL13@aol.com]
>Sent: Sunday, April 04, 2004 6:22 PM
>To: INPCRP-L(a)rootsweb.com
>Subject: Re: [INPCRP] Ingress and egress
>
>
>Yes, you can. My attorney assures me that the public has a right to
>visit
>all cemeteries, even "private" ones.
>
>
>==== INPCRP Mailing List ====
>This list is for discussion of topics related to the Indiana Pioneer
>Cemeteries Restoration Project only.
>Please do not send genealogical queries through this list. The
>surname and geographic Mailing Lists on Rootsweb at
>http://lists.rootsweb.com are a better venue.
>Thank you.
>
>
>
>==== INPCRP Mailing List ====
>Scott Satterthwaite < ssattert(a)localnet.com > is the INPCRP State
>Coordinator. Feel free to contact him directly regarding questions
>or comments you may have about the INPCRP.
>
Mark,
After we finally get HB1441 "the Cemetery Maintenance Bill" passed, ingress
and egress is next on my list.
Bring on the Farm Bureau................ :-)
Angela
----- Original Message -----
From: <md9105(a)skyenet.net>
To: <INPCRP-L(a)rootsweb.com>
Sent: Tuesday, April 06, 2004 9:08 PM
Subject: RE: [INPCRP] Ingress and egress
> Larry,
>
> I think you will find the Indiana Farm Bureau lobby and their lawyers
> are on the other side of the argument. Indiana private property
> rights are still considered very sacred and ingress and egress rights
> will be debated for next five years before any progress will be made
> in the legislature.
>
>
> Mark Davis
> Stone Saver
>
> ---- Original Message ----
> From: stephenl(a)indiana.edu
> To: INPCRP-L(a)rootsweb.com
> Subject: RE: [INPCRP] Ingress and egress
> Date: Tue, 6 Apr 2004 09:16:36 -0500
>
> >Would your attorney please cite something to back that up? I could
> >certainly use it.
> >
> >
> >
> >
> >Larry V. Stephens
> >Office of Risk Management
> >812-855-9758
> >stephenL(a)indiana.edu
> >
> >
> >
> >-----Original Message-----
> >From: MANEAL13(a)aol.com [mailto:MANEAL13@aol.com]
> >Sent: Sunday, April 04, 2004 6:22 PM
> >To: INPCRP-L(a)rootsweb.com
> >Subject: Re: [INPCRP] Ingress and egress
> >
> >
> >Yes, you can. My attorney assures me that the public has a right to
> >visit
> >all cemeteries, even "private" ones.
> >
> >
> >==== INPCRP Mailing List ====
> >This list is for discussion of topics related to the Indiana Pioneer
> >Cemeteries Restoration Project only.
> >Please do not send genealogical queries through this list. The
> >surname and geographic Mailing Lists on Rootsweb at
> >http://lists.rootsweb.com are a better venue.
> >Thank you.
> >
> >
> >
> >==== INPCRP Mailing List ====
> >Scott Satterthwaite < ssattert(a)localnet.com > is the INPCRP State
> >Coordinator. Feel free to contact him directly regarding questions
> >or comments you may have about the INPCRP.
> >
>
>
>
> ==== INPCRP Mailing List ====
> "Show me your cemeteries, and I will tell you what kind of people you
have."
> Benjamin Franklin (1706 - 1790)
>
You are right on that Mark, I carry
good old farm bureau. They are the morons that pushed the passage of
some really stupid laws in the past. We all know what happened and what
it took to get some of that protection back. Some of their coverage
helps my work, in fact they lowered my rate. I figure its the least
they could do.
Lee Creed
Greencastle
Would your attorney please cite something to back that up? I could certainly use it.
Larry V. Stephens
Office of Risk Management
812-855-9758
stephenL(a)indiana.edu
-----Original Message-----
From: MANEAL13(a)aol.com [mailto:MANEAL13@aol.com]
Sent: Sunday, April 04, 2004 6:22 PM
To: INPCRP-L(a)rootsweb.com
Subject: Re: [INPCRP] Ingress and egress
Yes, you can. My attorney assures me that the public has a right to visit
all cemeteries, even "private" ones.
==== INPCRP Mailing List ====
This list is for discussion of topics related to the Indiana Pioneer
Cemeteries Restoration Project only.
Please do not send genealogical queries through this list. The surname and geographic Mailing Lists on Rootsweb at http://lists.rootsweb.com are a better venue.
Thank you.
Hello Ronald:
I represent the Tipton County Cemetery Preservation group and would like to
know the road numbers as we know the locations and names of the Tipton
County cemeteries.
We are trying to interest more Tipton County People in doing the cemetery
repair, but this is a slow process.
Let me know the road numbers so we can locate what one you are talking
about. You can e-mail me at: ejwray(a)ccrtc.com direct.
Joan Wray,
Tipton County
----- Original Message -----
From: "Warner, Ronald C." <rwarner(a)bsu.edu>
To: <INPCRP-L(a)rootsweb.com>
Sent: Monday, April 05, 2004 12:38 PM
Subject: RE: [INPCRP] Ingress and egress
> I discovered a landlocked pioneer cemetery in Tipton County just south of
> Windfall. It is totally neglected and overgrown with not even a path
leading
> to it. Are there any list members from Tipton County who would be
interested
> in a project to restore it?
>
> -----Original Message-----
> From: gtielking [mailto:tielking@knightstown.net]
> Sent: Sunday, April 04, 2004 3:44 PM
> To: INPCRP-L(a)rootsweb.com
> Subject: [INPCRP] Ingress and egress
>
>
> Hello everyone,
>
> I took a real estate class and learned something of interest. We talked
about easements and the many different types of easements. One of which is
an "easement by necessity".
> An easement by necessity "is an appurtenant easement that arises when an
owner sells part of his or her land that has no access to a street or public
way except over the seller's remaining land. An easement by necessity is
created by court order based on the principle that owners have the right to
enter and exit their land (the right of ingress and egress) - they should
not be landlocked."
> [Source: Tucker School of Real Estate 16th edition pg. 113]
>
> I know this is a long stretch, but can we use this as a way to get to
landlocked cemeteries? If not us, at least township trustees?
>
> Grasping at straws...........
> Angela Tielking
>
>
> ==== INPCRP Mailing List ====
> Blessed are the Elderly, for they remember what we will never know.
>
>
>
> ==== INPCRP Mailing List ====
> Quote from William Gladstone (1809-1897), three-time Prime Minister of
England
> and Victorian contemporary of Benjamin Disraeli:
> "Show me the manner in which a nation or community
> cares for its dead and I will measure with mathematical
> exactness the tender mercies of its people, their
> respect for the laws of the land, and their loyalty
> to high ideals."
>
>
just for the record, this trustee is pursuing eminent domain/easement for a cemetery we have and will continue to maintain until they make me stop. Debbie Driskell, Delaware Township, Hamilton County
-----Original Message-----
From: "jon andrews" <sianoil(a)hotmail.com>
Sent: 4/4/04 7:10:36 PM
To: "INPCRP-L(a)rootsweb.com" <INPCRP-L(a)rootsweb.com>
Cc:
Subject: RE: [INPCRP] Ingress and egress
You have to have an interest in the ground that is landlocked to obtain an
easement like this and even if you did, somebody has to pay the attorney and
the court costs.
If the cemetery is under the jurisdiction of the trustee it is probably not
on private ground anyway. Or at least, I have a big problem with spending
public money on private ground.
My experience is that you're not going to find a trustee that will sue a
landowner over access. If he gains access then he'll have to mow it and take
care of it and that just results in work, more out of their budget and less
for themselves to play with.
Every situation is different of course, but I believe the legislature is
long overdue in addressing Indiana's cemetery debacle. They could straighten
this whole thing out with the stroke of a pen, if they cared. Point is, they
don't. It is high time that we don't care to re-elect them, either. Start
now and get someone in there in your district that will be as concerned with
cemeteries as they are with septic tanks, etc.
Jon Andrews
>From: "gtielking" <tielking(a)knightstown.net>
>Reply-To: INPCRP-L(a)rootsweb.com
>To: INPCRP-L(a)rootsweb.com
>Subject: [INPCRP] Ingress and egress
>Date: Sun, 4 Apr 2004 16:43:35 -0400
>
>Hello everyone,
>
>I took a real estate class and learned something of interest. We talked
>about easements and the many different types of easements. One of which is
>an "easement by necessity".
>An easement by necessity "is an appurtenant easement that arises when an
>owner sells part of his or her land that has no access to a street or
>public way except over the seller's remaining land. An easement by
>necessity is created by court order based on the principle that owners have
>the right to enter and exit their land (the right of ingress and egress) -
>they should not be landlocked."
>[Source: Tucker School of Real Estate 16th edition pg. 113]
>
>I know this is a long stretch, but can we use this as a way to get to
>landlocked cemeteries? If not us, at least township trustees?
>
>Grasping at straws...........
>Angela Tielking
>
>
>==== INPCRP Mailing List ====
>Blessed are the Elderly, for they remember what we will never know.
>
_________________________________________________________________
Is your PC infected? Get a FREE online computer virus scan from McAfee®
Security. http://clinic.mcafee.com/clinic/ibuy/campaign.asp?cid=3963
==== INPCRP Mailing List ====
Scott Satterthwaite < ssattert(a)localnet.com > is the INPCRP State Coordinator. Feel free to contact him directly regarding questions or comments you may have about the INPCRP.
I discovered a landlocked pioneer cemetery in Tipton County just south of
Windfall. It is totally neglected and overgrown with not even a path leading
to it. Are there any list members from Tipton County who would be interested
in a project to restore it?
-----Original Message-----
From: gtielking [mailto:tielking@knightstown.net]
Sent: Sunday, April 04, 2004 3:44 PM
To: INPCRP-L(a)rootsweb.com
Subject: [INPCRP] Ingress and egress
Hello everyone,
I took a real estate class and learned something of interest. We talked about easements and the many different types of easements. One of which is an "easement by necessity".
An easement by necessity "is an appurtenant easement that arises when an owner sells part of his or her land that has no access to a street or public way except over the seller's remaining land. An easement by necessity is created by court order based on the principle that owners have the right to enter and exit their land (the right of ingress and egress) - they should not be landlocked."
[Source: Tucker School of Real Estate 16th edition pg. 113]
I know this is a long stretch, but can we use this as a way to get to landlocked cemeteries? If not us, at least township trustees?
Grasping at straws...........
Angela Tielking
==== INPCRP Mailing List ====
Blessed are the Elderly, for they remember what we will never know.
You have to have an interest in the ground that is landlocked to obtain an
easement like this and even if you did, somebody has to pay the attorney and
the court costs.
If the cemetery is under the jurisdiction of the trustee it is probably not
on private ground anyway. Or at least, I have a big problem with spending
public money on private ground.
My experience is that you're not going to find a trustee that will sue a
landowner over access. If he gains access then he'll have to mow it and take
care of it and that just results in work, more out of their budget and less
for themselves to play with.
Every situation is different of course, but I believe the legislature is
long overdue in addressing Indiana's cemetery debacle. They could straighten
this whole thing out with the stroke of a pen, if they cared. Point is, they
don't. It is high time that we don't care to re-elect them, either. Start
now and get someone in there in your district that will be as concerned with
cemeteries as they are with septic tanks, etc.
Jon Andrews
>From: "gtielking" <tielking(a)knightstown.net>
>Reply-To: INPCRP-L(a)rootsweb.com
>To: INPCRP-L(a)rootsweb.com
>Subject: [INPCRP] Ingress and egress
>Date: Sun, 4 Apr 2004 16:43:35 -0400
>
>Hello everyone,
>
>I took a real estate class and learned something of interest. We talked
>about easements and the many different types of easements. One of which is
>an "easement by necessity".
>An easement by necessity "is an appurtenant easement that arises when an
>owner sells part of his or her land that has no access to a street or
>public way except over the seller's remaining land. An easement by
>necessity is created by court order based on the principle that owners have
>the right to enter and exit their land (the right of ingress and egress) -
>they should not be landlocked."
>[Source: Tucker School of Real Estate 16th edition pg. 113]
>
>I know this is a long stretch, but can we use this as a way to get to
>landlocked cemeteries? If not us, at least township trustees?
>
>Grasping at straws...........
>Angela Tielking
>
>
>==== INPCRP Mailing List ====
>Blessed are the Elderly, for they remember what we will never know.
>
_________________________________________________________________
Is your PC infected? Get a FREE online computer virus scan from McAfee®
Security. http://clinic.mcafee.com/clinic/ibuy/campaign.asp?cid=3963
Hello everyone,
I took a real estate class and learned something of interest. We talked about easements and the many different types of easements. One of which is an "easement by necessity".
An easement by necessity "is an appurtenant easement that arises when an owner sells part of his or her land that has no access to a street or public way except over the seller's remaining land. An easement by necessity is created by court order based on the principle that owners have the right to enter and exit their land (the right of ingress and egress) - they should not be landlocked."
[Source: Tucker School of Real Estate 16th edition pg. 113]
I know this is a long stretch, but can we use this as a way to get to landlocked cemeteries? If not us, at least township trustees?
Grasping at straws...........
Angela Tielking
Since many of our pre-Indiana pioneers have roots in VA and parts that later
became WV, you may be interested in the following:
Paramount Development Corp. has approached the City of Fayetteville, WV and
asked that they re-zone a 60-acre farm on the edge of town for commercial
use. Paramount Development intends to build 2 large buildings that Wal-Mart
and Lowes will occupy as well as several smaller out parcels. The 60-acre
tract of land however is what is known as the Fleshman/Clark farm, it was
the site of the Sept 10, 1862 Battle of Fayetteville. The site also contains
a battlefield cemetery, which contains the graves of at least 24 American
soldiers.
This property is in imminent danger of being developed, which would mean
this hallowed ground would be lost forever. We are asking that the City of
Fayetteville deny the request by Paramount Development Corp. to rezone the
property and help to preserve Americas ever shrinking battlefield land, as
well as preserve and protect the hallowed ground. We owe it to ourselves and
to our ancestors to protect this land that they fought and died for, this
honored field where the dead from the
battle rest in their graves.
The above petition can be signed at:
http://www.PetitionOnline.com/faybat04/petition.html
Please sign and pass this on. I cannot locate anything in the Code of WV to
legally prevent this action.