Kyle is right on this. We had a case just last year in Henry county where
the Harvey property that has been in the Harvey family since 1822 (200+
acres) was sold. It contained one of the oldest cemeteries in the county
(1823) and the administrator of the estate was the nephew of the former
owner, who also happens to be an attorney. He wanted to deed the old
cemetery to the Henry County Cemetery Commission. I told him he would have
to check with our county attorney on the legality of that, which he did.
After legal inquiries he found out that the only ones he could legally deed
the cemetery to was the county board of commissioners or the township
trustee, as required by Indiana State law, once it is abandoned. The
township trustee accepted the deed only after access to the land locked
cemetery was granted and written into the deed.
This is why we need others to show up at these hearings. We need everyone's
input. We are trying to wade through all of these loopholes and get a few
changes. I have found out this will be a long drawn out process. But I
believe we have some very dedicated and determined individuals who will not
give up until we have accomplished some changes in cemetery codes.
Ulysses (Bud) Bush
Henry County, IN
INPCRP
----- Original Message -----
From: <KidClerk(a)aol.com>
To: <INPCRP-L(a)rootsweb.com>
Sent: Friday, October 31, 2003 2:42 PM
Subject: Re: [INPCRP] legislative comments
In a message dated 10/31/2003 12:47:15 PM Central Standard Time,
ssilver1951(a)jps.net writes:
1) Change the law so that the cemetery commissions CAN "acquire" the
cemeteries.
Let me explain my concern a little deeper than what I did in my first
post.
I know what everyone is wanting here, but here is why I don't
think it
will
work.
There is only branch of county government that can enter into agreements,
incur expenses for real estate or own property and that is the Board of
County
Commissioners. Even an elected official such as Auditor, Clerk,
Sheriff,
etc.
cannot negotiate any type of land purchase or accept any real
property on
behalf of the county. That responsibility rests solely with the
commissioners.
So...what my original point was that if you want the county cemetery
commissions
to 'take over' a cemetery, the legal wording would include
that the
cemetery
be deeded to the county, not the county cemetery commission and it
would
be
the commissioners that would have to approve the transaction. The
last
thing
any of us want is for some well intentioned county cemetery
commission to
go out
and accept property without the knowledge or approval of the county
commissioners and then have the commissioners hit the roof and disband the
cemetery
commission or try to legislate the commissions out of existence. The
commission
is just that...a commission. It has no authority under state statute
and
it
answers to the commissioners and the county council. There is no
autonomy
written or expressed in the statutes when it comes to the county cemetery
commission. So my point is simply that if you want the county to end up
owning
these
cemeteries, then it will have to be proposed that it be deeded to the
county
commissioners with their approval. Anything else will meet with
fierce
resistance by the county commissioners..and even if worded like I suggest
I would
imagine will still be opposed by that group. I think you're
still better
off
dealing with this on a township by township level. I wouldn't
blame any
township
trustee for wanting to unload their pioneer cemeteries onto their
county
commissioners, and can see where some would stop maintaining those that
they had
previously maintained for that very reason. Others would just not
start
maintaining them. You could easily cause some cemeteries to have less
care than
they were used to because you're taking a county-wide
jurisdiction and
dividing
money as to a township wide jurisdiction. The pie of money will
eventually get
smaller and smaller as additional cemeteries are added, if they ever
are
at
all.
The more I think about this, the more problems I see. You think dealing
with
a township trustee that doesn't give a hoot is frustrating, try
dealing
with
county commissioners that don't live in that township and give
even less
of a
hoot.
And besides...trying to oust a misguided trustee is a heck of a lot easier
than a county wide elected commissioner.
Just more of my rambling thoughts.
Kyle
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