Thanks, Melody, for this explanation. I thought our existing laws would
have an impact on keeping this from happening today, but since it was over 30
years ago, there was a whole different mindset back then. The fact that
someone has been storing those stones for that amount of time is also
impressive....maybe that will payoff before this is all over with.
Kyle
In a message dated 09/28/2007 8:54:23 A.M. Central Daylight Time,
thull(a)iquest.net writes:
Actually, the destruction--stones taken up, court case stating that
cemetery was no longer a legal entity because it wasn't being used,
etc.--occurred in the early 1970s. Madison County Cemetery
Commission secretary at that time Georgia Lyons outlined the legal
battles over and history of the cemetery plot. In 1978, a Madison
County judge set aside previous judgement and ruled that the cemetery
was to be "excepted" from land owner's property. The most recent
survey, done several years ago, shows the cemetery set aside. Tax
records show that the present owner has not been paying taxes on the
cemetery; the cemetery is in the township trustee's name. HOWEVER, a
1995 case over the cemetery ground ruled that the cemetery was turned
back over to the plaintiffs (land owner at that time) "to the
statutory authority described in the Trustee of Fall Creek
Township." Whatever this means may entail yet another court case.
At the meeting, we got the impression that the present land owner had
never seen an actual survey map of his property and had assumed his
back boundary line ran parallel to the adjacent field and did not
have a notch cut out of his backyard for the cemetery.
At this point, the cemetery has not been built over and the stones are
secured.
At least the meeting got the people with legal jurisdiction over this
cemetery talking amicably to each other: the present trustee, the
present land owner, and the descendants from Missouri.
Yes, it is one of those situations that the Madison County Cemetery
Commission will be watching closely, step by step.
Melody Hull
MCCC, Secretary
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