Jack & All,
In California it was ruled that a highway is no better public purpose than a
cemetery (Eden Memorial Park v. Superior Court of Los Angeles, 1961). In
that ruling the Appellate court refused to allow the State of California
Dept. of Transportation and the Federal Highway Administration to "take"
part of dedicated, but unused, cemetery land for construction of a part of
the Santa Monica Freeway.
Don't know why other state courts couldn't be pursuaded of this....
Sue Silver
El Dorado County, CA
----- Original Message -----
From: <Jb502000(a)aol.com>
To: <INPCRP-L(a)rootsweb.com>
Sent: Tuesday, November 28, 2000 3:14 PM
Subject: Re: [INPCRP] Parker Cemetery, Allen county
In a message dated 11/28/00 4:06:30 PM US Eastern Standard Time,
bsmead(a)gte.net writes:
<< I just read a notice in Genforum, Allen county, about St Joseph
township
wanting to move gravesites at the Parker cemetery so that the road
can be
widen St. Joe Center RD. The message is at
http://genforum.genealogy.com/in/allen Is there anything that can be done
besides e-mail?
Brian E. Smead
Terre Haute, Indiana >>
This is one of the things I always fear. If the Road widening is necessary
for the general publics welfare and safety, and there is no other
alternative, and a Court sees fit, they can move the Cemetery under the
Rights of Eminent Domain. Simply stated this means (You can't Stop
Progress)
Apparently the County has no other options, or I am sure they would
exercise
them, rather than move any of the Cemetery.That is going on in St.
Louis,
Missouri at this time. A cemetery is being moved because the hill it sits
on
happens to now be in the way of an Airports take off's and
landings.
Endangering the Public.You may have a different situation there. I hope
so.
Is it a matter the DNR can look at.?
Someone else may have a much better answer. Good Luck,
Jack
Briles
jb502000(a)aol.com.
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