"The trustee of each township shall locate and maintain all the
cemeteries
described in IC 23-14-68-1(a) that are within the township. However, a
cemetery association claiming assistance shall furnish a verified
statement of assets and liabilities to the township trustee. (IC
23-14-68-2)
The maintenance of a cemetery includes the following:
(1) Resetting and straightening all monuments
"Resetting and straightening..." How can you reset a stone that never
existed? I believe most people would interpret this to mean "Resetting
**stones where stones once existed, especially when they are still there
but have fallen over** and straightening..."
(2) Leveling and seeding the ground
While this might be construed literally I *imagine* the legislators had
in mind returning the ground to its original contours and intended this
for filling in sunken graves and other damage.
(3) Constructing fences where there are none and repairing existing
fences.
How else can you read it? "Constructing fences where there are none..."
seems about as clear as anyone can write it. Wouldn't you suspect they
recognized the problems with encroachment, grazing cattle and the like?
(4) Destroying and cleaning up detrimental plants (as defined in IC
15-3-4-1), noxious weeds and rank vegetation. (IC 23-14-68-3)"
For example...what if a cemetery, such as a Quaker burial ground, has no
stones to reset and straighten? They never existed. Is a trustee
REQUIRED to place a grave stone for each burial by definition of
"maintenance"? Is a trustee in violation of the law in this instance?
It's been a while since I read the statutes but doesn't IC 23-14-68-1(a)
limit this to township cemeteries? Most of the cemeteries I see in my
area that have problems are not township cemeteries, they are on private
property and usually owned by people who have no interest in them (at
best) or would like to bulldoze them.
And, as someone else pointed out, this still begs the issue of trustees
having funds and what do you do if a trustee won't work with you.
Larry V. Stephens
stephenL(a)indiana.edu
Monroe County