CHAPTER 44. PROHIBITION ON ROAD AND UTILITY CONSTRUCTION IN CEMETERIES

IC 23-14-44

    

Chapter 44. Prohibition on Road and Utility Construction in
Cemeteries

IC 23-14-44-1

Restrictions on road or utility construction

    

Sec. 1. (a) This section applies to a cemetery from the time
interment, entombment, or inurnment spaces in the cemetery are
ready for immediate use and bona fide sales have been made.

    (b) A railroad, street, road, alley, pipeline, pole line, or other
public thoroughfare or utility shall not be laid out through, over, or
across any part of the cemetery within one hundred (100) feet of:

        (1) a space in which burial rights have been transferred;

        (2) a mausoleum in the cemetery;

        (3) a garden crypt in the cemetery; or

        (4) a columbarium in a cemetery;

without the consent of the owner of the cemetery.

As added by P.L.52-1997, SEC.18.

IC 23-14-44-2

Injunctions

    

Sec. 2. Upon the complaint of any person, a permanent injunction
shall be issued to prevent any other person from locating or
constructing a railroad, street, road, alley, pipeline, pole line, or other
public thoroughfare or utility on any ground that is:

        (1) held, used, or occupied as a cemetery; or

        (2) held for cemetery purposes.

As added by P.L.52-1997, SEC.18.

IC 23-14-44-3

Violation of chapter; Class B misdemeanor

    

Sec. 3. A person who knowingly violates this chapter commits a
Class B misdemeanor.

As added by P.L.52-1997, SEC.18.