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County explores options after Shifley Cemetery parcel sold at assessment sale
Summary
After a drainage-assessment sale of an acre identified as Shifley Cemetery, the county attorney told commissioners the parcel’s historic ownership is unclear; the buyer paid about $635.60, and staff will seek clarification from the SRI office and explore negotiating return of the property to township control.
DeKalb County officials on March 10 discussed options after a drainage-assessment sale of a roughly 1-acre parcel known as Shifley Cemetery. The county attorney (speaker 3) told commissioners he and staff traced handwritten deeds back to the 19th century, but could not establish current ownership and said the parcel was on a "do not tax" list for property-tax purposes though it was subject to drainage assessments.
The county attorney said he contacted the Fort Wayne–South Bend Diocese about whether it would accept stewardship; the diocese declined. As a result, the parcel proceeded to an assessment sale and was purchased for a small sum. Staff later corrected the transcript figures in discussion and reported the buyer paid $635.60 at the sale.
The county attorney described possible remedies: (1) ask the auditor to do a deeper title search; (2) attempt to declare the sale void if the drainage assessments were improper; or (3) negotiate with the buyer to obtain the parcel back, noting that the buyer would have limited practical use of the cemetery lot and that offering a refund plus a small premium might be the fastest path to restoring county or township control. Commissioners asked staff to await specific guidance from SRI (the unit handling assessment-sale logistics) and to try to contact the buyer.
Commissioners acknowledged questions about whether cemeteries should be assessed for drainage fees and suggested legislative inquiry; they also noted the township (Smithfield Township) indicated willingness to accept the cemetery if cleared and conveyed.
Next steps: staff will await SRI’s clarification, consider an auditor title review, and attempt to negotiate with the buyer to recover the parcel for township conveyance.
