--------- Begin forwarded message ----------
From: Scott Satterthwaite <ssattert(a)citznet.com>
To: "Charles W. Moore" <warchief4(a)juno.com>
Subject: Twsp Association Pamphlet
Date: Sat, 21 Feb 1998 02:47:47 -0500
Message-ID: <34EE86A2.26E346CC(a)citznet.com>
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I decided to go ahead an put my scanner to use and scan that Township
Association Pamplet from Bob Hill.
I would caution you if you plan to put it on the list: Even though it
isn't marked with a copyright notice, it is still protected as if it
was. It is an original work of the Indiana Township Association.
Havn't forgotten about your copy of the new law either, just havn't had
a chance to get it printed up. Been busy with Boy Scout functions this
week.
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ABANDONED CEMETERIES
A Township Responsibility
Indiana Township Association
1992
---------------------------------
Introduction
One of the subjects about which the Indiana Township Association
staff frequently receives telephone calls
and letters is that of abandoned cemeteries - Individual residents often
complain that a cemetery is overgrown
with weeds or grave stones have been vandalized. Township officials want
to know Just where their
responsibility lies with regard to abandoned cemeteries and how, with
limited budgets, they are to finance the
upkeep.
Indiana law addresses this issue and, through this pamphlet, the ITA will
attempt to answer those questions.
All information contained in this publication is found in the volumes
of Indiana Code or has been received
through discussions with experts on the subject.
This document is not intended to offer legal opinions. For a
more detailed interpretation on a particular
aspect of cemetery maintenance laws as they pertain to townships the ITA
recommends contacting your
township attorney.
---------------------------------
Who is Responsible?
In a recent letter received by the ITA staff, a Vigo County woman
reported that two local Cemeteries
were in poor condition. She told of "weeds as tall as your head", as
well as a large tree growing atop the
grave of her Civil War veteran great-great-grandfather.
The writer also complained that there were no decorations on the graves
of the veterans during
Memorial Day or on Veteran's Day. Who, she asked, is responsible for
this and why don't they take care of
the problem?
Indiana Code (IC 23-14-27-1) states that the trustee of each township is
responsible for any cemetery
that:
(1) is without funds for maintenance;
(2) was in existence on February 28, 1939; and
(3) is operated by a nonprofit organization or has no
organization.
The law goes on to say that the trustee "shall locate all the cemeteries
described in subsection (a that
are within his township and shall maintain them. It goes on to define
"maintain" as resetting and
straightening of all monuments, leveling and seeding of the ground,
constructing fences where there are
none and repairing existing fences, and destroying and cleaning up
detrimental plants (Canada Thistle,
Johnsongrass, etc.) noxious weeds, and rank vegetation.
It should be noted however, that this does not refer to all abandoned
cemeteries within a given township.
Indiana Code 23-14-26-1 states that such cemeteries that are without
fund. or sources of funds for
reasonable maintenance, have suffered neglect and deterioration, may be
the burial grounds for Indiana
pioneer leaders as well as for veterans of every American war including
the Revolutionary War, and which
were established in the county before 1850 are the responsibility of the
county cemetery commission.
---------------------------------
Decorations Not Included
Many people mistakenlv believe that since townships are
responsible for abandoned cemeteries that they
are required to adorn the graves of veterans on holidays. In fact,
however, Indiana law does not place
responsibility for that function with any organization or agency. Such
courtesies are conducted as community
service projects by veterans groups, fraternal organizations or
historical societies.
This does not prevent the township trustee from assisting financially in
such a project.
Under the authority of IC 10-7-13-1, the trustee may appropriate up to
$500 to be donated to one of several
groups for Memorial Day expenses. Those groups include: Veterans of
Foreign Wars of the United States,
United Spanish War Veterans, Disabled American Veterans of the World War,
the American Legion, the Army
and Navy Union of the United States of America, Marine Corps League,
Veterans of World War I Inc., American
Veterans of World War II, Catholic War Veterans and Jewish War Veterans.
In counties which have a county
memorial day society, county veterans council or any other county
memorial day association, the county council
may each year appropriate to one of these societies an amount equal to
the total which the above-listed
veterans groups would have been entitled to.
---------------------------------
Locating Cemeteries
A reason often given by officials for not maintaining an abandoned
cemetery is that they do not know where
the burial grounds are. This is often a problem in the case of
cemeteries which are located along creek banks
or in wooded areas, or which have been heavily vandalized or simply have
fallen into disrepair through the
passage of time.
One such cemetery In southwestern Miami County was found several years
ago with only one-half of
one grave stone present where as many as 50 individuals were laid to
rest. Longtime residents told of truck
drivers from a nearby stone quarry tearing down the monuments
decades ago and using them to give traction to their tires in muddy soil.
This cemetery was located by
interested individuals who spent more than a month researching old maps
and records and then nearly a week
searching the area.
A good source for locating abandoned cemeteries is the local
historical or genealogical societies.
Another excellent source is the "Kingman Brothers Atlas� found in nearly
any library. These books, published
In the late 1800s, contain detailed township maps for each county.
Cemeteries are marked by small boxes
containing a cross with the letters �CEM" beneath them. By comparing
these maps with current maps of the
township the cemeteries can often be found with little effort.
---------------------------------
Moving Graves
The ITA recently received two telephone calls concerning the possibility
of moving graves.
In the first, a cemetery was badly eroded by a creek and the trustee
wanted to know if she could have the
stones moved to another cemetery within the township. The answer to this
is yes, if she also moves the body.
The second call concerned a cemetery located on a section of land
scheduled for residential
development. The developer wanted to know if he could bulldoze the
cemetery since it is abandoned. The
answer to this is a definite "NO!"
Indiana Code 23-14-13-1 and 23-14-13-2 clearly state that gravestones may
be moved only with the
permission of the deceased's family or by court order and then only if
the body is relocated as well.
According to Indiana State Highway Department officials responsible for
relocating graves found
in highway construction, moving a grave or a cemetery is a very
time-consuming, detailed and costly procedure.
First, all historical records must be searched to determine if any
unmarked graves may exist within the
cemetery.
Next, permission from a surviving relative of the deceased must be
obtained. If no relative
can be found a court order must be procured.
Then the remains of the deceased must be dug up and moved to the new
location where the grave-stone
is to be reset. If no identifiable remains can be found, the soil which
was discolored by decomposition of the
body must be transferred to the new gravesite.
Highway officials state that because of the complexity of the process, it
may take years to move even a small
cemetery.
In the case of the cemetery which was being eroded, highway officials
recommended overlaying the creek
bank with a stabilizing material such as large stones to prevent further
erosion. Any gravestones found in the
creek bank should be moved to higher ground and erected in an upright
position if possible along with a plaque
explaining that they were moved after the grave itself was destroyed.
---------------------------------
Crime and Punishment
As for simply bulldozing a cemetery or removal of a monument such
as often occurs by vandals or by
farmers tired of plowing around a single grave, Indiana law considers
such an act to be institutional criminal
mischief - a Class A misdemeanor punishable by one year in prison
and a $5000 fine. If the loss is valued
at between $250 and $2,500, the crime is a Class D felony punishable by
two years in prison and a fine of
$10,000. Damage or loss in excess of $2,500 constitutes a Class C
felony, which is punishable by a $10,000
fine and five years in prison.
---------------------------------
Transfer of Ownership
How does a cemetery become the responsibility of a township? As
previously stated, this may take place
simply by virtue of the cemetery being abandoned.
A township may also receive ownership of a cemetery It the association
owning the land determines by
majority vote to deed the land over to the township. When this happens,
the association must also turn over
to the township all endowment funds, cash, securities, or other assets
being held for maintenance of the Ce-
metery. These funds are placed in the township's cemetery fund and are
earmarked for use only for that
particular cemetery.
Similarly. a township may surrender a cemetery to a private organization
under certain circumstances.
Indiana Code requires that at least 10 heads of families owning lots in
the cemetery and who have dead
buried in the cemetery form themselves into a corporation for maintaining
the cemetery. The group must
prove that they have at least $1,000 in an endowment or perpetual care
fund at the time the takeover
occurs, and that they agree to raise funds in an amount sufficient to
permit the interest of the fund to cover
the maintenance costs. (IC 23-14-21-1)
---------------------------------
Covering the Costs
Perhaps the most perplexing factor in cemetery maintenance for township
trustees is how to finance the
annual upkeep using the limited budgets of the township.
Indiana Code 23-14-27-3 provides far the appropriation of "enough money
to provide for the care, repair,
and maintenance of the cemetery". However, if a township contains several
abandoned cemeteries the cost
of maintenance can quickly exhaust the cemetery fund. In such cases the
trustee is permitted to use part of
the township fund.
Just as civic, youth, historical and veterans groups often take it upon
themselves to decorate the graves
on holidays, many may be searching for community service projects to
conduct. This is a possible source
of assistance in cleaning up unsightly cemeteries.
In addition, if the township has a Workfare program as part of its Poor
Relief program, recipients of
assistance may be assigned to complete their work requirements by
performing routine maintenance such
as mowing and trash pickup, thereby saving the township Labor costs.
---------------------------------
A Publication of the Indiana Township Association
55 Monument Circle, Suite 922
Indianapolis, IN 46204
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