Rich, I have read every law on cemeteries, and you were right on this one so
far. I called the Dept. of Historic Preservation and Archaeology today and
talked to Jim Mohow. I explained about the subdivision and the cemetery on
the property. I explained that the developer only wanted to move it about 800
ft to a corner where it would be at a point where three (3) lots came
together. He said if there were eight (8) to ten (10) burials there and they
don't know where they are, It could get very, very expensive. He said most
developers stay away from property with cemeteries, or plan around them. I
asked him about Fowler/Mundy in Marion Co. He said he heard about it and
believed the Devl. went around it. I told him they had. He also agreed if
our County Plan commission was redoing their regulations, and added wording
that covered any cemetery, or burial ground on a planed development, whether
one (1) house or (!00), that would be a BIG plus. It would put them out in
front on most Planning Commission's. And also they, with the right permits
and approval, or denial from the DNR they could speed the process thru
quicker, and either save or move the cemeteries. Jim said he would call Gary
Pennington the DNR. officer for Floyd Co.and have him come back and re do his
cursory investigation, where he just talked to the owner and saw no problem.
I talked to Gary Saturday evening and he told me what I had just told him,
was not quite what he heard from the Owner-Developer. We will see what
happens next. Mohow said we were lucky to catch this one or it probably would
have been gone. A couple of weeks ago someone up North said the County was
going to run a road thru the cemetery near them. IC 23-14-44-1 says they
can't even come within (100) feet of a cemetery without the owners
permission. (Who Owns it) I don't know their circumstances, But someone would
have to allow a road, Private, County or State to cross cemetery property.
Rich thanks a lot: and yes Jim knows you.
I will keep you informed on what happens next. Jack Briles
jb502000(a)aol.com
Jeffersonville, In.