July 19, 2013 post by the Indiana Genealogical Society on Facebook:
FRIDAY FACT: Indiana passed a law in February 1899 prohibiting railroads from being built on any land that was being used as a cemetery. The penalty for violating this law was a fine of between $50 and $500. Source: Acts of 1899, Chapter 14, as appears in "Laws of the State of Indiana, passed at the sixty-first regular session of the General Assembly" (Indianapolis: William B. Burford, 1899)."
March 16, 2019 post by the Indiana Division of Historic Preservation & Archaeology on Facebook:
Did you know Indiana has a law which protects archaeological and human burial sites? All sites with artifacts dating before December 31, 1870 are protected, even on private property. INDIANA ARCHAEOLOGY LAW
In answer to the question: Is that a broken tombstone in cornfield stubble?
Until 2001, it was legal to farm through cemeteries. Today, that would be illegal and we could send the information to the local prosecutor. Because it was legal, we often get hints of the cemetery's location and work with the farmer and locals to identify the location.Lots of interesting questions and comments to their Facebook post.
The Indiana State Historic Architectural and Archaeological Research Database SHAARD has maps, surveys, GPS co-ordinate data, and photos of all known cemeteries in all 92 Indiana counties.
The main issue with cemetery law enforcement involves understanding who owns the land, whether and when the land deed discusses the existance of a family or church cemetery, and whether the deed provides public access, ingress/egress, or requires private owner permission to even visit the cemetery. Permission to visit a cemetery is decided by the land owner as is photographing tombstones and tombstone cleaning if allowed. Land ownership determines what response to expect from local authorities such as the county prosecutor and/or township trustees to enforce current laws as they apply to the owner when so many day to day tasks already require officials limited time and resources.
Some of the Indiana State Cemetery Laws at the Indiana Department of Natural Resources:
- Indiana Administrative Code - the latest update of all Indiana laws
- IC 23-14 ARTICLE 14. CEMETERY ASSOCIATIONS
- IC 14-21 ARTICLE 21. HISTORIC PRESERVATION AND ARCHEOLOGY
- IC 6-1.1-6.8 Chapter 6.8. Assessment of Cemetery Land
- IC 35 TITLE 35. CRIMINAL LAW AND PROCEDURE 35-43-1-2.1 Cemetery mischief
- Cemetery & Burial Ground Mandates & Laws DNR - Indiana Department of Natural Resources page summurizes the laws similar to the presentation handout
- Cemetery Laws & FAQs
Farmers With Old Cemeteries On Their Land Should Know About This Law More little-talked about regulations worth talking about. Indiana Prairie Farmer on FarmProgress.com.