The following is a press release dated June 22, 1999 from Indiana State Rep.
Markt Lytle <H69(a)ai.org>, Chairman of the House Committee on Agriculture,
Natural Resources and Rural Development:
"Cemetery preservation law takes effect July 1, 1999"
INDIANAPOLIS -- Indiana takes its first steps toward enacting a
comprehensive statewide policy on cemetery preservation on July 1, when a
new state law takes effect.
"The necessity for this policy has been building for several years now,"
said State Rep. Markt Lytle (D-Madison), author of the law. "I have heard
from people who are upset that the grave sites of relatives have been
disturbed or even disappeared without a trace. Many of these problems focus
on small cemeteries that contain a handful of graves."
The new law will help preserve and document information on individuals
buried in those smaller cemeteries.
"First, we require any person who lawfully removes a gravestone, monument or
marker to file information on that memorial with the county recorder," Lytle
said. "The information must include any names, dates, references to other
individuals and mementos contained on the memorial, as well as a photograph
of the memorial, along with a written description of the location, as well
as a photo of that site. This process is called memorialization."
People will be prohibited from buying or selling items removed from a
cemetery -- particularly memorials, artifacts and ornamentation, as well as
cemetery enclosures and other commemorative items.
"Finally, we have created the offense of cemetery mischief, which covers any
person found guilty of recklessly, knowingly, or intentionally damaging a
cemetery or mausoleum, or disturbing, defacing or damaging a monument, grave
marker, artifact or
ornamentation, or a cemetery enclosure," Lytle said. "The offense is a Class
A misdemeanor, but it can be raised to a Class D felony if the loss is at
least $2,500."
Lytle said the new law will provide information on any graves that had to be
disturbed, recognizing the rights of both relatives and the people who own
the property where the sites are located.
"There have been instances in the past where cemeteries on private property
have been plowed over by farmers who are cultivating land," Lytle noted.
"The new law prevents them from that practice. They should not be exempt
from their responsibilities to respect the remains of someone who has been
laid to rest. Through this new law, we will provide a means to keep track of
graves that might be disturbed."
Because of the implications and responsibilities that surround a subject of
this nature, Lytle said the Natural Resources Study Committee he chairs will
continue examining cemetery preservation this summer.
"Eventually, we hope to have a policy that gets a comprehensive record of
these cemeteries across the state," Lytle said. "We also want to clearly
identify responsibilities in the event some graves must be moved, and to
allow for that removal to be done in as respectful and dignified a manner as
possible. The law taking effect on July 1 provides a starting point toward
enactment of that sort of policy."
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Clark County Cemetery Preservation Committee meeting, Saturday, July 3, in
Hibernia (Owen Twp.):
http://www.geocities.com/Heartland/Plains/5881
Please visit the Indiana Pioneer Cemeteries Restoration Project at:
http://www.rootsweb.com/~inpcrp