Dear Lynnie:
I'll try to answer your questions as best I can:
(1) The very "loose" definition of a pioneer family cemetery in general use
within Indiana is one that was ESTABLISHED before 1850. This "definition" is
derived from the County Cemetery Commission statute that refers to "pioneer
cemeteries" as being "established before 1850".
This is not a "hard and fast" defnition by any means, but it gives you a good
reference point.
(2) The literal ownership of grave markers is a rather grey area. If you
have read Marlene Mattox's tips for researching cemetery ownership (see
http://www.rootsweb.com/~inpcrp/ResearchingCemeteries.PDF ), then you already
understand the complexities of determining cemetery ownership. When the owner
of the surrounding property may be obvious, it is usually not so obvious
whether or not that property owner actually owns the cemetery itself. You
have to do the deed research first.
If the cemetery is NOT deeded out or excepted from the deed (and if you have
gone back AT LEAST 100 years in deed transfers), then there are some that
assert that the owner of the property owns the stones. Others will swear up
and down that the stones are owned by the descendants of those buried there.
If the cemetery IS deeded out or excepted from the deed and if taxes are NOT
paid on the cemetery itself, then some will tell you that the Township Trustee
is the "owner" of the property and the stones (assuming it is not
"owned" by a
church, cemetery association, etc.)
As you can see, there are many different lines of thought on this subject.
(3) There are a large number of cemetery associations in this state. Many are
made up on descendants, members of church congregations, community groups,
civic groups, etc. What is your specific question on this issue? Do you want
to know how to incorporate your association? (See the Indiana Secretary of
State's website at
http://www.IN.gov/sos/ ). You can pay the fee and
incorporate your association through the SOS's website. Then you have to get
a Tax ID number and apply for 501(c)(3) status with the IRS in order to be
tax-exempt and for gifts to the new association to be tax-deductible for the
donors.
You might want to talk to an attorney about handling this process if you feel
it is something you're not able to do on your own.
You'll need to set up a checking account, elect officers, draft Bylaws, etc.
Also, Annual Reports have to be filed with the Secretary of State. There is
also, I believe, an annual reporting process with the IRS re your 501(c)(3)
status.
Hope this helps get you started.
Lois
----- Original Message -----
From: "lynnie204" <lynnie(a)ligtel.com>
To: <INPCRP-L(a)rootsweb.com>
Sent: Saturday, June 23, 2001 3:50 AM
Subject: [INPCRP] Noble County Checks In
I was cruising around for information on cemetery restoration and
there you
were. I had no idea such a site existed, but I'm certainly glad you
do.
I browsed through your archives, but didn't seem to find answers to three of
my
more pressing questions. They are:
(1) What is your definition of a 'Pioneer' cemetery? Just how old does it
have to be?
(2) I can easily find out who owns the property, but who, by law, owns the
tombstones themselves?
(3) Has anyone had any experience in forming a 'Cemetery Association'
composed entirely of descendants of those buried there?
My interest in these questions stems from my desire to have a proactive
group ready
to protect Weston Chapel Cemetery in Section 2 of Wayne Twp.,
Noble County, Indiana. There is currently no threat that I know of (other
than the depredations of bored adolescents), but from reading your archives I
know that isn't any sort of guarantee for the future.
Weston Chapel is a lovely little cemetery smack-dab in the middle of a
farmer's
fields. Mercifully, it's on a rather inaccessible hill (hence it's
local name of 'Spook Hill'). It's fairly well maintained by the Township
Trustee, who mows it several times a year, and a completely wonderful guy
named Scott who has taken it upon himself to look after the markers.
I don't think it's right for Scott to have to shoulder this burden alone, so
I'm interested in starting some sort of association for those of us descended
from those buried there (I have some sort of connection to at least 75% of
them). It would need to have some sort of legal entity in order to collect
monies for improvements or to take legal action if the need arises. (My
question about ownership of the tombstones has to do with possible suits
against vandals.)
Any suggestions would be gratefully received.
Caroline Carter
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