Jack and All,
Here's the Government Code in California. Doesn't Indiana have something
like this? It's not perfect, but it gives the State (and through it the
counties) the ability to take legal jurisdiction over these "abandoned"
cemeteries. Especially the one's with the reserved, saved and excepted from
clauses where no one's willing to step up to the plate.
CALIFORNIA CODES
GOVERNMENT CODE
SECTION 180-186
180. As used herein, "property" includes real and personal
property.
181. The original and ultimate right to all property within the
limits of the State is in the people thereof.
182. All property within the limits of the State, which does not
belong to any person, belongs to the people. Whenever the title to
any property fails for want of heirs or next of kin, it reverts to
the people.
And here's the statutes for Pioneer Memorial Parks. Don't you think it's
worth a try to get legislation like this in Indiana?
CALIFORNIA CODES
HEALTH AND SAFETY CODE
SECTION 8825-8829
8825. A city or county having a nonendowment care cemetery within
its boundaries which threatens or endangers the health, safety,
comfort or welfare of the public may, by resolution of its governing
board, if not more than 10 human dead bodies have been interred
therein for a period of five years immediately preceding the date of
the resolution, declare the abandonment of the cemetery as a place of
future interment, but shall permit interment therein of any person
who is an owner of a plot in the cemetery on the date of adoption of
the resolution or who otherwise has a right of interment in the
cemetery which is vested on such date. The resolution may provide
for the removal of such copings, improvements, and embellishments
which the governing board finds to be a threat or danger to the
health, safety, comfort, or welfare of the public.
8826. The resolution for abandonment adopted under the provisions
of this chapter shall specify and declare that at any time after the
expiration of 60 days after the first publication of notice of
declaration of intended abandonment, the city or county in which the
cemetery is located will remove such copings, improvements, and
embellishments which are found to be a threat or danger to the
health, safety, comfort, or welfare of the public. Notice shall be
given to all persons interested therein by publication in a newspaper
of general circulation published in the county or city. Publication
shall be pursuant to Section 6064 of the Government Code.
8827. After the publication mentioned in Section 8826 of this code
and after the expiration of the 60 days specified in the notice, the
city or county shall remove such copings, improvements, and
embellishments which have been found to be a threat or danger to the
health, safety, comfort, or welfare of the public.
8828. After the work which the governing body, in its discretion,
finds necessary and practicable has been completed, the governing
body shall immediately thereafter, by resolution, which shall contain
a legal description of the cemetery, dedicate such abandoned
cemetery as a pioneer memorial park and may cause to be erected a
suitable central memorial honoring those who have been interred in
the cemetery.
Upon recordation of the resolution with the county recorder of the
county in which the cemetery is located, fee title to the cemetery
shall vest in the city or county as the case may be. The governing
body may bring an action to quiet title to the cemetery, and in the
absence of fraud the resolution and the fact of recordation shall be
conclusive evidence of fee title to the cemetery.
Any county or city acquiring fee title to a cemetery under this
section shall only use the property for the purpose of establishing
and maintaining a pioneer memorial park.
8829. Thereafter the city or county shall maintain said pioneer
memorial park so that it will not endanger the health, safety,
comfort, or welfare of the public.
Thought I'd send you the text. Giving the counties the ability to do these
things doesn't mean it will happen. That's another fight, I'm sure.
Sue Silver
California
----- Original Message -----
From: <Jb502000(a)aol.com>
To: <INPCRP-L(a)rootsweb.com>
Sent: Monday, December 31, 2001 2:42 PM
Subject: [INPCRP] Eminent Domain & Excepted cemeteries
Eminent Domain (Noun) first known use 1783
: a right of a government to take private property for public use by
virtue
of the superior dominion of the sovereign power over all lands within
its
jurisdiction.-----------
This would not apply to Exhausted Deeds (No one with descendants rights
will
come forward and present a valid claim) or Excepted Deeds because the
ground
would not benefit the Public in General, but only a few individuals.
I
don't
see much that can be done under present Laws. Eminent Domain would
only
apply if the Governing body whose jurisdiction the ground lay needed land
for
Expansion of a Cemetery.
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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If you know of some good cemetery related links, send them to
LoisMauk(a)usa.net.