CA to IN,
If the title has failed for want of an heir or next of kin and the land
title reverts to the public (people), why can't the county trustees just
file a notice of failed title to record the property in public title?
Better yet, does Indiana have a statute the enables the counties to
establish "abandoned" (left behind) cemeteries as "Pioneer Memorial
Parks"?
In California, all the county has to do is publish notice declaring the
cemetery closed to future burials, and take public comment, and then it
can't quiet the title under the provisions of this statute. (California
Health and Safety Code Sec. 8825-8829)
Sue Silver
----- Original Message -----
From: <Jb502000(a)aol.com>
To: <INPCRP-L(a)rootsweb.com>
Sent: Saturday, December 29, 2001 3:37 PM
Subject: Re: [INPCRP] Wheres the Cemetery?
In a message dated 12/29/01 2:57:50 PM US Eastern Standard Time,
sianoil(a)hotmail.com writes:
> Jack:
> You and I are pretty much on the same page, except I don't really think
the
> term "no man's land" is quite the way to describe
it. That to me sounds
> like
> the term abandoned, which for all practical purposes, I and the State,
> namely the DNR, don't agree on the definition of.
Jon, Thanks for the response, we need more of this type of discussion
to
determine just what kind of things can, and should be done.
I agree the Term "No Mans Land" does sound as you say. But it
is
almost that when the present Owner(s) don't visit nor maintain
the ground
and
refuse to allow anyone else Access to the Burial site. I also
understand
what
you say about "Someone or Some Govt.Entity owning it" But
here in Floyd
County I found several Deeds dating back as far as 1826 where the land was
Deeded to the Deacons of a particular church, or the property surrounding
the
cemetery was sold by the party that bought it from the United States,
to a
Second party, and during their first ownership started a "Graveyard" and
it
was merely placed on the first Sale Deed as an Exception. These
Cemeteries
or
Graveyards never appeared on any succeeding Deed to this day. Since
the
first
owner Excepted it, the second person to own the surrounding property
never
came into Legal Possession of The ground containing, or designated as a
Cemetery. Therefore the second owners descendants, nor anyone else's
succeeding descendants have a claim to the cemetery that would stand a
court
test. And Because the first owner set the Cemetery aside from the
rest of
his
property, then not even any of his family can lay a Legal claim to
the
Cemetery. Besides that, no one would claim it because to be an actual
owner
you would be responsible. (Although the ones claiming these
Cemeteries on
their property are very Irresponsible) No Individuals want to do this, and
Believe me, NO church that was named as owner by virtue of having the
property signed over to their Deacons in 1826 WANT ANY PART OF THESE
CEMETERIES. What's the answer Jon. Does anyone else have an
answer?
I Also believe that neither the State nor the County has
any
kind of claim to the Ground. In cases like this I do believe that
the
Township Trustee might be able to Petition the Court to turn over the
Ownership of the Cemetery to his office. The fact that Taxes are paid on
the
ground might stop this idea. I am not in favor of this, but we all
know if
something isn't done, and done quickly the un cared for Cemeteries which
are
our only glimpse, or view into our past will soon be gone forever..
For instance I belong to the MO-Cem list and I found a Missouri
Law we might want to find out more about. It says in essence that a
Property
owner with a Cemetery, that belonged to either a family, or abandoned
church
must grant access to the cemetery to those wishing to visit. They
must
state
when they would like to visit, and the visit must be in conjunction
with a
normal cemetery visit. Access will be thru the same as the Property owner
would use him or her self to Access the Site. Not the Best Law I ever saw,
but darned better than what WE have now.
I don't believe in usurping the rights of the Property owner,
but
when they have a cemetery they should morally allow visitation. If
the
situation was reversed, I'm sure they would feel like I and many others
do.
I hope this makes sense.
Jack E. Briles, Sr.
jb502000(a)aol.com
Floyd County INPCRP Coordinator
PO Box 444
New Albany, In. 47151-0444
(812) 282-6585
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