Content for the Laws Regarding Cemeteries in Indiana
IC 14-21-1-2
Defines an artifact as an object made, modified, or used before December 31, 1870.
IC 14-21-1-3
Defines burial ground as ground where there are human remains including the area that is either marked by a visible boundary or determined by the Department of Natural Resources – Division of Historic Preservation and Archaeology.
IC 14-21-1-4
Defines burial object as any thing intentionally placed in a burial ground at or near the time of burial.
IC 14-21-1-13.5
Authorizes the Department of Natural Resources – Division of Historic Preservation and Archaeology to conduct a survey program of every cemetery and burial ground in Indiana
IC 14-21-1-7
Defines human remains
IC 14-21-1-24
Makes it illegal to farm or conduct animal husbandry in a cemetery
IC 14-21-1-26.5
A person may not disturb the ground within 100 feet of a burial ground for the purpose of erecting, altering or repairing any structure or for excavating or covering over the ground without having a development plan approved by Department of Natural Resources – Division of Historic Preservation and Archaeology. While the word cemetery has been taken out of this law (and only uses burial ground) this law still impacts all cemeteries.
IC 14-21-1-27
A person finding human remains must notify Department of Natural Resources – Division of Historic Preservation and Archaeology within two days. Reburial will in compliance with state laws.
IC 14-21-1-28
Makes it illegal to disturb the ground for the purpose of discovering or removing artifacts, burial objects, grave markers, or human remains without a plan with the Department of Natural Resources – Division of Historic Preservation and Archaeology. Temporary rule allows for non-scientific investigation in a cemetery to allow for probing in order to conduct tombstone preservation.
IC 14-21-1-29
If you find an artifact, notification of our department must be within two days.
IC 14-21-2
Discusses removal of grave memorial with a new stone must be reported to the County Recorder; Makes selling grave artifacts illegal
IC 14-21-3
Before a person buys property containing a cemetery, the current owner must record the deed in the recorder’s office with CEMETERY in bold, capital letters on the bottom of the deed
IC 23-14-26
Discusses the creation of Cemetery Commissions at the county level
IC 23-14-57
Describes how cemeteries and human remains are disinterred
IC 6-1.1-6.8
A person with a cemetery on his/her land may have the value of the land (where the cemetery is located) assessed for $1.00 per acre.
IC 23-14
Defines a cemetery, discusses care of cemeteries in use, surveys of cemeteries, and other aspects of cemeteries in use.
IC 23-14-68
Care of Cemetery by Township
*Cemeteries without funds for maintenance
*In Existence before February 28, 1939
*Not managed by any viable organizations Defines what the Township Trustee must do
*Reset and straighten all monuments
*Level and seed the ground
*Construct fences
*Destroy detrimental plant, noxious weed, and rank vegetation
IC 35-43
Criminal Mischief – allows for a person to be convicted under the criminal mischief law if they vandalize a cemetery
NOTE:
These are just snippets of the laws. To see the entire law, go to http://www.in.gov/legislative/iac/, put in the code and the law will be displayed.
Content for the tab Trusts Funds
Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 23-14-70
Chapter 70. Trusts for Cemetery Associations
IC 23-14-70-1
Power to receive deposit of money; use of interest
Sec. 1. (a) The board of commissioners of a county may receive from or on behalf of a:
(1) cemetery corporation;
(2) church;
(3) association; or
(4) organization;
that has been dissolved or is to be dissolved a deposit of money to be held in trust under terms that are designated in writing.
(b) Funds may be provided under section 1 of this chapter to the board of commissioners of:
(1) the county in which the cemetery of the cemetery corporation, church, association, or organization is located; or
(2) the county adjoining and nearest to the county described in subdivision (1).
(c) The interest on the funds received under subsection (a) shall be used to keep in good condition any:
(1) abandoned cemetery;
(2) public incorporated cemetery; or
(3) lots, monuments, mausoleums, vaults, or other burial structures in any cemetery.
(d) A board of commissioners may not expend more for the purpose set forth in subsection (c) than the interest earned from the loan or investment of the funds.
As added by P.L.52-1997, SEC.44.
IC 23-14-70-2
Investment of money
Sec. 2. All money received by a board of commissioners under section 1 of this chapter may be invested in compliance with IC 20-42-1-14.
As added by P.L.52-1997, SEC.44. Amended by P.L.2-2006, SEC.181.
IC 23-14-70-3
Distribution of accrued interest
Sec. 3. The county auditor shall distribute the interest accrued on any cemetery fund or funds received under section 1 of this chapter on the last Monday of January of each year to the following person or persons:
(1) The trustee of the township in which an abandoned or unincorporated cemetery is located.
(2) The trustee of the township lying on the east or south of the cemetery if the cemetery is located on a county boundary or a township boundary.
(3) The treasurer of the board of directors of an incorporated
cemetery.
As added by P.L.52-1997, SEC.44.
IC 23-14-70-4
Receipts and vouchers
Sec. 4. (a) A township trustee or treasurer of the board of directors of an incorporated cemetery who receives a distribution under section 3 of this chapter shall make a receipt or voucher for any money paid out.
(b) A receipt or voucher made under subsection (a) must state:
(1) the amount paid out;
(2) the purpose for which the money was expended; and
(3) the fund from which the money came.
(c) The receipts and vouchers made under subsection (a) shall be:
(1) filed with the county auditor before January 2 of each year; and
(2) presented to the board of commissioners for examination and approval at the January meeting of the board of commissioners.
As added by P.L.52-1997, SEC.44.
IC 23-14-70-5
Liability of auditor or county
Sec. 5. (a) The auditor is liable on the auditor’s bond for any neglect or failure of duty with respect to funds received under section 1 of this chapter in the same manner as with respect to the school fund.
(b) The county is also liable for the preservation of the principal and the payment of the interest on the funds received under section 1 of this chapter to the same extent that it is liable with respect to the principal and interest of the school fund.
As added by P.L.52-1997, SEC.44.
IC 23-14-70-6
Effect of chapter on certain bequests, legacies, or endowments; payment or return of money deposited
Sec. 6. (a) This chapter does not affect a bequest, legacy, or endowment that is under or comes under the control of:
(1) the board of directors of an incorporated cemetery; or
(2) the trustees or officers of a church, association, or other organization.
(b) This chapter does not affect a bequest, legacy, or endowment received under this chapter.
(c) If a cemetery is under the control of:
(1) an organized board of directors of an incorporated cemetery; or
(2) the trustees or officers of a church, association, or other organization;
the board of county commissioners may, on its own initiative or upon request of the proper officers of the cemetery, pay over or return to
the treasurer of the cemetery any money deposited with the county under this chapter.
(d) Money paid over or returned under subsection (c) shall be held and managed by the cemetery corporation, church, association, or organization in compliance with the terms of the bequest, legacy, or endowment, and in compliance with applicable statutes.
As added by P.L.52-1997, SEC.44.
The township trustees are in charge of cemetery maintenance. They are as follows:
Anderson Township
Sarah Kleaving
16850 Avery Ridge Rd
Tell City, IN 47586
812/836-2929
Clark Township
Korre Ubelhor
7189 SR 62
Birdseye, IN 47513
812/631-3756
Leopold Township
Roger Hagman
16223 Old State Road 37
Leopold, IN 47551
812/843-5302
Oil Township
Barbara S. Connor
12564 Branchville Road
Branchville, IN 47514
812/843-5968 or 812/843-5786
Tobin Township
Beverly Biever
9661 Highwater Road
Tobinsport, IN 47520
812/719-9301
Troy Township
Pat Reed
4233 E Hwy 66
Cannelton, IN 47520
812/547-3001 (Open Mon, Wed, Thur 8:30-Noon)
Union Township
Betty Labhart
16171 Parks Road
Magnet, IN 47520
812/843-5271
Hope this helps.
Teresa Kanneberg
Perry County Administrator
2219 Payne Street
Tell City, Indiana 47586
812-547-2758 Office
812-547-9786 Fax
Cemetery Conditions for Perry County, Indiana
The following form can be filled in and we will get it to the correct people.