Hello Listers,
Here's a concern that may cause you to be more vigilant where INDOT is resurfacing
highways.
INDOT has been planning a revision of SR 42 from Mooresville to Monrovia for 3 or more
years. Three years ago preservationists in Morgan County were concerned about INDOT's
plan to take the front lawn and mature trees from 1870 of the old William M Macy historic
homestead just west of Mooresville. The lawn had been the scene of Quaker get-togethers
for many years. Senator Lugar, some Morgan County officials, and others protested the
plan, which would have devalued the home and ruined the drainage for some fields of the
present owner. INDOT gave in and decided to use the field across the road, which they had
been protecting because of a "wetland." The wetland turned out to be a mostly
dry pond dug by the farmer 30 years ago.
Nothing was heard for 3 years or more. In 2003 INDOT said they were shorter of money than
previously thought, and that they would be widening the existing roadbed all the way to
Monrovia. In December 2006 trustees of the West Union Friends Meeting received a purchase
agreement from INDOT, proposing to buy for $2,900 a 100 X 175 foot wedge off the SW corner
of the cemetery, its widest point being where it joins West Union Road. WUF trustee Jim
Satterlee called preservation and historical organizations in Morgan County for help.
Joanne Stuttgen (County Historian), Joe Mills (representing Morgan Co Historic
Preservation Society), and I (representing Morgan Co History and Genealogy Association)
met with Jim and other Friends to view the purchase agreement. We were puzzled that
there had been no Section 106 review that would cause letters to come to our organizations
regarding impact on a nearby cemetery.
The Friends had a copy of IC 23-14-44-1, which appeared to state that cemetery owners had
to agree to the cemetery being used by a road or utility.
We called Jeannie Regan-Dinius, who said DHPA at DNR had no new plans for SR 42 since
2003. Their office had not been contacted about a changed plan.
A goodly number of Friends, people who had bought lots in the wedge, and we
preservationists met with Joe Speer at the Monrovia Municipal Building. Mr Speer was
there to talk about INDOT projects planned for the area over the next 2 years. We were
urged by Mr Speer and another INDOT official to not have a large number of people attend,
because Mr Speer's time was very limited. The Friends handed Mr Speer a letter
stating they "adamently refused" to sell the wedge and explained there could be
unknown burials in the wedge, even fugitive slave burials (some were reported in unknown
locations).
Joe Speer arranged a meeting between the Friends, preservationists, and about 10 INDOT
employees. At that meeting INDOT said deed research had shown that no one really owned
the wedge, it being excluded from deeds of surrounding properties. Other property owners
in the area had signed the purchase agreements to receive $2,900 each for quit-claim deeds
to the wedge. Jim Satterlee again stated it was in the best interst of WUF not to sign,
and that they would be poor stewards of the cemetery if they signed. He repeated that
several lots have been sold in the wedge as many as 20 years ago. INDOT encouraged WUF to
sign and said that the wedge might be deeded back to the church after INDOT got through
using it as a right of way. INDOT reportedly only wanted to use a tiny strip along the
existing roadbed to facilitate moving equipment up and down the road.
The wedge was measured from the center of the roadway. We had measured it out and found
that the north boundary came to within 8.5 and 10 feet of existing rows of graves. Jim
Satterlee has worked in construction for years and stated to INDOT that, in his
experience, the easement got wider everyday until the project was finished. For example,
highway trucks that met each other would create another lane. Jim believed the trucks
would be on what the WUF believe is their cemetery property.
The WUF and preservationists next met with Jeannie Regan-Dinius on two issues: proving
West Union to be a site on the Underground Railroad, per verbal history handed down
through the generations; and the highway issue.
Jeannie was interested in the plans, because she had been told the road bed would not be
moved, just widened. The revised plans clearly show the road going south a bit into the
scrub land across the road. Jeannie said that a Section 106 review had not been done for
the revised plan and would be needed before any advancement can be made on the project.
INDOT officials appear to believe that they have convinced the WUF to sell their rights to
the land so INDot can use it for an easement. Individual INDOT employees agreed that
some procedures may have been skipped but placed blame only on the land acquisition
company that acted as a contractor for INDOT, saying their accompanying letter didn't
explain the situation. The project appears to have had a number of general managers.
So that's the story to this point. I am sending it to the list because I want the
situation to be documented in case state and federal law is not followed as written and
interpreted, or in case the interpretations are not adequate to protect a part of the
West Union Cemetery that has been part of a the Friends property since 1832.
Sharon Mills
Morgan County