Yeah, no question that it would. The problem is getting something like that
passed into law.
William Spurlock
Saving Graves
http://www.savinggraves.com
http://www.savinggraves.org
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-----Original Message-----
From: Sue Silver [mailto:ssilver1951@jps.net]
Sent: Sunday, June 16, 2002 12:49 PM
To: INPCRP-L(a)rootsweb.com
Subject: Re: [INPCRP] Why not in Indiana, Missouri Showed me.!!
Wouldn't it be more simple to just require that any property within which an
historic cemetery is located must provide for a specified ingress/egress
route at the point of next sale of the property? That way it will always
attach to the property and cannot be extinquished by anyone. AND, if the
seller fails to provide it, it will adversely affect the title and the title
companies will become responsible for ensuring its' succession.
Sue
----- Original Message -----
From: "William Spurlock" <ilock(a)bellsouth.net>
To: <INPCRP-L(a)rootsweb.com>
Sent: Sunday, June 16, 2002 5:27 AM
Subject: RE: [INPCRP] Why not in Indiana, Missouri Showed me.!!
Hi Jack,
I think that they are headed in the right direction with that law, without
question it's better than some that I've seen. However I see one serious
flaw with it, and it's quite possible that it may have been drafted this
way
specifically to provide a legal loophole. In section 2 they clearly
establish who is responsible for enforcing the law, however they fail to
establish who defines what a reasonable time is. It could be inferred that
the parties charged with the enforcement might also have this
responsibility
however it is not clear and this will result in problems down the
road.
The
fact that this is not defined leaves open the strong possibility that
a
land
owner could in fact use any definition of what is and is not a
reasonable
time to their advantage to keep people out of the cemetery
To be honest, I have yet to see what I feel is a real strong and fairly
balanced law in this area that takes into account the needs and wishes of
both parties, the current land owner and those wishing to gain access.
Most
of the existing state laws fail to take into account both parties,
placing
the focus of the law on the current property owner to determine access
times, regulations, etc without any regard to the visiting parties. This
has
lead to problems in states like Georgia and Texas where specific
visitation
dates are clearly defined by the law as the only times allowed for
visitation purposes.
While it may not be perfect, I think that Oregon hay have come somewhat
closer in the following law:
"The way of necessity established under paragraph (a) of this subsection
shall: (A) Be designated by the owner of the land over which the way of
necessity passes; and (B) Be accessible, at reasonable times to be
designated by the property owner for visitation, maintenance or research
purposes, to the owner of the pioneer cemetery, to descendants of those
persons buried in the pioneer cemetery and to persons interested in
historical research. The reasonableness of the times designated by the
property owner shall be based on the need of the property owner to make
use
of the property and the need of the pioneer cemetery visitors for
family
visitation, maintenance or research access to the pioneer cemetery."
William Spurlock
Saving Graves
http://www.savinggraves.com
http://www.savinggraves.org
Outgoing mail scanned for virus
by Norton AntiVirus.
-----Original Message-----
From: Jb502000(a)aol.com [mailto:Jb502000@aol.com]
Sent: Sunday, June 16, 2002 2:16 AM
To: INPCRP-L(a)rootsweb.com
Subject: [INPCRP] Why not in Indiana, Missouri Showed me.!!
To the List; Do the Lawmakers have the staying power to attempt to get
the
following passed in Indiana.
Missouri Revised Statutes
Chapter 214
CEMETERIES
Section 214.132
____________________________August 28, 2001_______________________________
Visiting Abandoned family or private burying ground surrounded by private
property, right of Access, When, Enforcement by Sherriff -- Courts power
to
Disinter.
214.132 . 1. Any person who wishes to visit an abandoned family cemetery
or
private burial ground which is completely surrounded by privately
owned
land,
for which no public ingress or egress is available, shall have the right
to
reasonable ingress and egress for the purpose of visiting such
cemetery.
This right of Access to such cemeteries extends only to visitation during
reasonable hours and only for purposes usually associtated with cemetery
visits.
2. The Sherrif or chief Law enforcement officer of the county in which
the
abandoned family cemetery or private burying ground is located shall
enforce
the provisions of subsection 1 of this section.
3. Nothing in section 214.131 and this section shall be construed to
limit
or modify the power or authority of a court in any action of law or
equity
to
order the disinterment and removal of the remains from a cemetery and
interment in a suitable location
Jack
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