Summer 2008

volume 17 No. 2

Ask the Steward

by Dan Ernst

 

Question:

I have a small, five-grave cemetery in my woods dating back to 1895. Are there laws protecting these?

Answer:

Indiana has thousands of small family or old settlement cemeteries scattered across the state. In my woodland visits I have seen many. Some of these I�m sure were long forgotten by the property owner, but most are proud parts of the property, treasured and protected by the owners. There are several laws in Indiana (IC 14-21) to protect cemeteries from vandalism and moving or altering the graves. State law prohibits ground disturbance or placing fill within 100 ft. of a cemetery without an approved plan from the DNR.

Simple cemetery maintenance suggestions include:

1) Careful cutting of trees next to head stones. No bulldozing or root removal, please. Excavation can disturb the grave itself and should be avoided.

2) Straighten headstones by up-righting and restacking, but do not move headstones from their original location.

3) Route all woodland trails open to horses, wheeled or motorized vehicles a safe distance from the cemetery � at least 100 feet. Remember some grave sites may not be marked, or are only marked by small fieldstones. Therefore, any maintenance performed should keep in mind the possibility of additional graves.

If you have a cemetery and would to register it with the state, or would like to learn more about cemetery preservation, contact the DNR�s Division of Historic Preservation and Archaeology at (317) 232-1646 or visit their website at www.in.gov/dnr/historic.

Question:

I recently had my property surveyed. It cost me a lot of money and determined the old survey stone was 15 feet off. Can I move the old stone?

Answer:

Land and boundary surveys can be contentious issues to many landowners. It is a subject with so many twists and turns it cannot be covered in a short answer to your question. But consider this: Not knowing the history or nature of the �stone� in question the immediate answer from a registered surveyor friend of mine is �Absolutely not!� Section corner survey stones or monuments set in connection with the United States land survey system (original land surveys) cannot be moved and are protected by federal regulation. They are presumed to be correct even if subsequent surveys find the original stones are not in the intended position.

Section corner stones are not always property corners. Boundary surveys may not coincide with the established section corner stones, but are generally referenced against them. It is not legal for landowners to move section corner monuments, and if moved are liable for costs to repair or replace the original monument, plus other penalties prescribed by the County. (Indiana Code 36-2-12).

Moving a survey monument of any kind has the potential to affect many landowners, even landowners some distance away that may be somehow tied into existing survey markings. If you have survey concerns always work through a reputable �Registered (licensed) Land Surveyor�.

Dan Ernst is an Assistant State Forester with the Indiana Division of Forestry. He oversees the Division�s private landowner assistance programs.

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