Dale and group:
This is not directed to you or anyone else, as I'm sure others will
appreciate the risks that you pointed out regarding the state statutes,
however,
I am no attorney, and after serving nine years as the County Clerk in Newton
County, I have no desire to ever be one, but I think IC 14-21-1-28 can be
interpreted in different ways. "A person who, with the intent to disturb
ground for the purpose of discovering or removing artifacts, burial objects,
grave markers, or human remains, disturbs buried human remains or grave
markers either: 1)without a plan approved by the department under: section 25
of this chapter; or IC 14-3-3.4-14(before its repeal) or 2)in violation of
such a plan; commits a Class D felony.
Is 'repair of stones that you know exist' considered discovering or removing?
If that's the case, how would a township trustee comply with the law when in
IC 23-14-68-3 it states: "For the purposes of this chapter, the maintenance
of a cemetery includes the following: 1) resetting and straightening all
monuments. 2) Leveling and seeding the ground. 3) Constructing fences where
there are none and repairing existing fences. 4)Destroying and cleaning up
detrimental plants (as defined in IC 15-3-4-1), noxious weeds, and rank
vegetation."
For the purposes of definition, I would say we would be more likely to be
accused of resetting and straightening monuments rather than disturbing the
ground to disturb or remove artifacts.
I'll try and stay off of my soapbox regarding the DNR and other state
agencies that have their own agendas that completely disregard common sense
approaches to situations like this, but if they think I'm going to let my
ancestors graves go to pot because of this statute, they'll have to find me
in the cemetery and haul me off to jail. Maybe when the media picks up on
the story that the DNR has nothing better to do than run all over the state
charging us with felonies because we're restoring the hallowed ground that
the pioneers of this state are buried in, we might get even more legislation
passed. I, for one, will take the risk.
Kyle D. Conrad, Clerk
Newton Circuit Court