Jack,
I had this problem about three weeks ago. Here is the e-mail reply
I got from Jeannie if it will help. Q is my questions and A is her answers:
Subject: RE: New burial in a Pioneer cemetery?
From: "Regan-Dinius, Jeannie" <JRDinius(a)dnr.IN.gov>
To: "Ernie & Connie Lasley" <elasley(a)sigecom.net>
Ernie:
Q: So the big question is, can a person be buried in an old Pioneer
Cemetery?
A: Burials are the jurisdiction of the Board of Health. Check with
your local Board of Health to see about this issue.
Q: Since his family has owned the land for 125 years, can he rename
the cemetery and declare it as his final resting place?
A: There is no official law on naming a cemetery. Unfortunately,
people rename them to suit their needs.
Q: There are existing laws that a cemetery must be platted and must
have a perpetual care fund before a person can be buried there?
A: You are correct, but again, this falls under the Board of Health.
Q: What about "disposal of a body" laws?
A: Department of Health
Q: Is the funeral home responsible for determining if the selected
burial place is legal and proper?
A: I am not sure of the answer to this question.
Q: Will digging a grave there violate the DNR and DHPA rule on
needing a permit to disturb the earth within 100 feet of a cemetery?
A: No, if the digging falls under the General Cemetery Act.
Q: Whose responsibility is it to enforce those laws?
A: Mostly for what you describe, Department of Health.
Let me know if I helped or only made matters worse.
Jeannie
Jeannie Regan-Dinius
Special Projects Coordinator
DNR-DHPA
402 W. Washington Street, W274
Indianapolis, IN 46204-2739
317/232-1646
317/232-0693
That was the reply I got to answer my questions, as you can see most
answers refer me to the Board of Health.
Ernie Lasley, Coordinator
Gibson County PCRP
INPCRP Page:
http://www.rootsweb.com/~inpcrp/
Cemeteries Page:
http://www.rootsweb.com/~ingibson/gibcem.html
RAOGK Volunteer (Random Acts of Genealogical Kindness)
At 02:01 AM 04/24/2006, you wrote:
Jeannie
We have a switch, a couple bought a 99 acre farm on the edge of
New Albany,
in New Albany Twp. They want to know if they can, they would like to be
buried there. I told them there are a few things to take into
consideration. Can
you give me and those on the list who might run into this, some
advice. I told
them they may have to use GPR to make sure they have a clear place
and not dig
into remains. There has never been but a few buried in the 1/2 acre
plot. With
the price of cemetery lots and already owning a nice spot this might become
the norm. What is your advice.
Jack E. Briles Sr.
jackbriles(a)aol.com
New Albany, In.
==== INPCRP Mailing List ====
This list is for discussion of topics related to the Indiana Pioneer
Cemeteries Restoration Project only.
Please do not send genealogical queries through this list. The
surname and geographic Mailing Lists on Rootsweb at
http://lists.rootsweb.com are a better venue.
Thank you.