Sharon - one other thing to think about. In California, when a plot was sold it became
"inalienable," meaning that once one body was buried in a four person plot, no
one outside the family was allowed to be buried in the plot without express permission of
the family. ONLY cemetery districts (a legally authorized quasi-government entity) are
allowed to petition for abandonment of the remaining empty plots in such a circumstance.
All states seem to be different. Family plots, of course, historically were seen as a way
of keeping the family together for all time.
----- Original Message -----
From: s.m.mills(a)comcast.net
To: inpcrp(a)rootsweb.com
Cc: cisupete(a)dishmail.com
Sent: Wednesday, November 09, 2011 1:44 PM
Subject: Re: [INPCRP] disposition of unused burial spaces
I appreciate both replies contained in this email and will use your points as issues for
discussion when our board meets next. Our records for this time period are up to date, and
I believe we can say there is just one burial in the four person lot. Selling land that we
don't own any longer is another issue entirely.
Thanks,
Sharon Mills
----- Original Message -----
From: "jon andrews" <sianoil(a)hotmail.com>
To: "cemetery list" <inpcrp(a)rootsweb.com>
Sent: Wednesday, November 9, 2011 10:25:10 AM
Subject: Re: [INPCRP] disposition of unused burial spaces
While this is the current law in Indiana, I have no doubt in my mind that this law could
and will be tested in court. It violates every aspect of the right to own property. First
off, the short period of fifty years is absolutely ridiculous when you are talking about
ownership of property and that is what a cemetery deed conveys. You could, in essence, buy
plots and bury a family member (wife, child) at 20 - 30 years old, move, retire to
California and find at age 75 or more that you can't be buried next to them at your
death. Totally absurd! There is under the current law no remedy to protect your rights in
the property such as filing a statement of claim or by paying taxes on your plot because
none are generally assessed, so there is no way for the cemetery association, trustee
whatever to properly identify who owns the plot or even if the person who bought it
originally is even still alive or where he lives. It's a situation that for the price
of a cemetery lot would not !
justify the cost of defending the decision in the end. It will come back to haunt
somebody. For way too long, ownership of cemetery plots has been way overlooked by
legislation and non-regulated in a lot of respects. This law is an easy way for the stste
to clean up a problem in favor of lobby groups who want to sweep everything in the past
under the rug with one big swoop! It won't work for long, as it hasn't in other
instances. What then?
From: ssilver1951(a)sbcglobal.net
To: inpcrp(a)rootsweb.com
Date: Mon, 7 Nov 2011 22:12:28 -0800
Subject: Re: [INPCRP] disposition of unused burial spaces
>From one who was sexton at an 1849-era cemetery in California, if you have not
thoroughly researched the records and deaths of the family, you may have someone in the
hole without a marker or more than one someone. The lack of a marker does not evidence the
lack of a burial.
Unless you know with absolute certainty there are no other burials in the plot, I would
be reluctant to sell the plot outside of the family line.
----- Original Message -----
From: s.m.mills(a)comcast.net
To: INPCRP(a)rootsweb.com
Sent: Monday, November 07, 2011 5:23 AM
Subject: [INPCRP] disposition of unused burial spaces
I'm writing as a cemetery trustee and on behalf of someone who wishes to purchase
burial spaces adjacent to a lot already owned by her family. Tie burial spaces she wishes
to purchase are 3 unused burials in a 4 burial plot. The owner of the plot is buried in
one space with headstone. He died more than 50 years ago and has no known legal heirs.
I have read sections in Indiana code that seem to say that unused burial spaces are
passed down to heirs or family members in perpetuity, but this code (reprinted below)
seems to indicate that a cemetery association, using a careful process, reclaim unused
burial spaces to resell. Can anyone please advise?
Sharon Mills (see below)
Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 23-14-58.5
Chapter 58.5. Disposition of Abandoned Burial Spaces
IC 23-14-58.5-0.1
Application of certain amendments to chapter
Sec. 0.1. The addition of section 5 of this chapter by P.L.113-2007 applies only to acts
committed after June 30, 2007.
As added by P.L.220-2011, SEC.381.
IC 23-14-58.5-1
Termination of ownership rights in an unused and unimproved burial space
Sec. 1. (a) Subject to this chapter, if a burial space in a cemetery that is subject to
IC 23-14-41 or any other Indiana law:
(1) has remained unused for a period of at least fifty (50) years from the date of sale
or last recorded designation or transfer; and
(2) has no improvements on the burial space, including the placement of a monument,
memorial, or other permanent appurtenance;
the person or entity having jurisdiction over the cemetery may terminate the rights and
interests of the owner of the burial space.
(b) After July 1, 2007, a contract for the purchase of a burial space must include notice
that the contract is subject to termination as provided in subsection (a).
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-2
Notice
Sec. 2. (a) If the person or entity having jurisdiction over the cemetery:
(1) desires to terminate the rights and interests of the owner of the burial space; and
(2) determines that the conditions specified in section 1 of this chapter have been met;
the person or entity must send to the owner a notice of the intent to terminate the
owner's rights to the burial space.
(b) The notice required under subsection (a) must be sent by certified mail with return
receipt requested to the owner's last known address.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-3
Duties of owner; request for purchase
Sec. 3. (a) An owner who has received a termination notice under section 2 of this
chapter may inform the person or entity having jurisdiction over the cemetery of the
owner's continued intent to use the burial space. If the person or entity having
jurisdiction over the cemetery has been informed of the owner's intent, the person or
entity having jurisdiction over the cemetery may not terminate the
rights and interests of the owner of the burial space.
(b) An owner who has received a termination notice under section 2 of this chapter may
request the person or entity having jurisdiction over the cemetery to purchase the burial
space for the amount originally paid for the burial space.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-4
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
Duties of owner; request for purchase
Sec. 3. (a) An owner who has received a termination notice under section 2 of this
chapter may inform the person or entity having jurisdiction over the cemetery of the
owner's continued intent to use the burial space. If the person or entity having
jurisdiction over the cemetery has been informed of the owner's intent, the person or
entity having jurisdiction over the cemetery may not terminate the
Notice
Sec. 2. (a) If the person or entity having jurisdiction over the cemetery:
(1) desires to terminate the rights and interests of the owner of the burial space; and
(2) determines that the conditions specified in section 1 of this chapter have been met;
the person or entity must send to the owner a notice of the intent to terminate the
owner's rights to the burial space.
(b) The notice required under subsection (a) must be sent by certified mail with return
receipt requested to the owner's last known address.
As added by P.L.113-2007, SEC.7.
Termination of ownership rights in an unused and unimproved burial space
Sec. 1. (a) Subject to this chapter, if a burial space in a cemetery that is subject to
IC 23-14-41 or any other Indiana law:
(1) has remained unused for a period of at least fifty (50) years from the date of sale
or last recorded designation or transfer; and
(2) has no improvements on the burial space, including the placement of a monument,
memorial, or other permanent appurtenance;
the person or entity having jurisdiction over the cemetery may terminate the rights and
interests of the owner of the burial space.
(b) After July 1, 2007, a contract for the purchase of a burial space must include notice
that the contract is subject to termination as provided in subsection (a).
As added by P.L.113-2007, SEC.7.
Application of certain amendments to chapter
Sec. 0.1. The addition of section 5 of this chapter by P.L.113-2007 applies only to acts
committed after June 30, 2007.
As added by P.L.220-2011, SEC.381.
IC 23-14-58.5-0.1
Application of certain amendments to chapter
Sec. 0.1. The addition of section 5 of this chapter by P.L.113-2007 applies only to acts
committed after June 30, 2007.
As added by P.L.220-2011, SEC.381.
IC 23-14-58.5-1
Termination of ownership rights in an unused and unimproved burial space
Sec. 1. (a) Subject to this chapter, if a burial space in a cemetery that is subject to
IC 23-14-41 or any other Indiana law:
(1) has remained unused for a period of at least fifty (50) years from the date of sale
or last recorded designation or transfer; and
(2) has no improvements on the burial space, including the placement of a monument,
memorial, or other permanent appurtenance;
the person or entity having jurisdiction over the cemetery may terminate the rights and
interests of the owner of the burial space.
(b) After July 1, 2007, a contract for the purchase of a burial space must include notice
that the contract is subject to termination as provided in subsection (a).
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-2
Notice
Sec. 2. (a) If the person or entity having jurisdiction over the cemetery:
(1) desires to terminate the rights and interests of the owner of the burial space; and
(2) determines that the conditions specified in section 1 of this chapter have been met;
the person or entity must send to the owner a notice of the intent to terminate the
owner's rights to the burial space.
(b) The notice required under subsection (a) must be sent by certified mail with return
receipt requested to the owner's last known address.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-3
Duties of owner; request for purchase
Sec. 3. (a) An owner who has received a termination notice under section 2 of this
chapter may inform the person or entity having jurisdiction over the cemetery of the
owner's continued intent to use the burial space. If the person or entity having
jurisdiction over the cemetery has been informed of the owner's intent, the person or
entity having jurisdiction over the cemetery may not terminate the
rights and interests of the owner of the burial space.
(b) An owner who has received a termination notice under section 2 of this chapter may
request the person or entity having jurisdiction over the cemetery to purchase the burial
space for the amount originally paid for the burial space.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-4
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
Duties of owner; request for purchase
Sec. 3. (a) An owner who has received a termination notice under section 2 of this
chapter may inform the person or entity having jurisdiction over the cemetery of the
owner's continued intent to use the burial space. If the person or entity having
jurisdiction over the cemetery has been informed of the owner's intent, the person or
entity having jurisdiction over the cemetery may not terminate the
Notice
Sec. 2. (a) If the person or entity having jurisdiction over the cemetery:
(1) desires to terminate the rights and interests of the owner of the burial space; and
(2) determines that the conditions specified in section 1 of this chapter have been met;
the person or entity must send to the owner a notice of the intent to terminate the
owner's rights to the burial space.
(b) The notice required under subsection (a) must be sent by certified mail with return
receipt requested to the owner's last known address.
As added by P.L.113-2007, SEC.7.
Termination of ownership rights in an unused and unimproved burial space
Sec. 1. (a) Subject to this chapter, if a burial space in a cemetery that is subject to
IC 23-14-41 or any other Indiana law:
(1) has remained unused for a period of at least fifty (50) years from the date of sale
or last recorded designation or transfer; and
(2) has no improvements on the burial space, including the placement of a monument,
memorial, or other permanent appurtenance;
the person or entity having jurisdiction over the cemetery may terminate the rights and
interests of the owner of the burial space.
(b) After July 1, 2007, a contract for the purchase of a burial space must include notice
that the contract is subject to termination as provided in subsection (a).
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-1
Termination of ownership rights in an unused and unimproved burial space
Sec. 1. (a) Subject to this chapter, if a burial space in a cemetery that is subject to
IC 23-14-41 or any other Indiana law:
(1) has remained unused for a period of at least fifty (50) years from the date of sale
or last recorded designation or transfer; and
(2) has no improvements on the burial space, including the placement of a monument,
memorial, or other permanent appurtenance;
the person or entity having jurisdiction over the cemetery may terminate the rights and
interests of the owner of the burial space.
(b) After July 1, 2007, a contract for the purchase of a burial space must include notice
that the contract is subject to termination as provided in subsection (a).
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-2
Notice
Sec. 2. (a) If the person or entity having jurisdiction over the cemetery:
(1) desires to terminate the rights and interests of the owner of the burial space; and
(2) determines that the conditions specified in section 1 of this chapter have been met;
the person or entity must send to the owner a notice of the intent to terminate the
owner's rights to the burial space.
(b) The notice required under subsection (a) must be sent by certified mail with return
receipt requested to the owner's last known address.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-3
Duties of owner; request for purchase
Sec. 3. (a) An owner who has received a termination notice under section 2 of this
chapter may inform the person or entity having jurisdiction over the cemetery of the
owner's continued intent to use the burial space. If the person or entity having
jurisdiction over the cemetery has been informed of the owner's intent, the person or
entity having jurisdiction over the cemetery may not terminate the
rights and interests of the owner of the burial space.
(b) An owner who has received a termination notice under section 2 of this chapter may
request the person or entity having jurisdiction over the cemetery to purchase the burial
space for the amount originally paid for the burial space.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-4
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
Duties of owner; request for purchase
Sec. 3. (a) An owner who has received a termination notice under section 2 of this
chapter may inform the person or entity having jurisdiction over the cemetery of the
owner's continued intent to use the burial space. If the person or entity having
jurisdiction over the cemetery has been informed of the owner's intent, the person or
entity having jurisdiction over the cemetery may not terminate the
Notice
Sec. 2. (a) If the person or entity having jurisdiction over the cemetery:
(1) desires to terminate the rights and interests of the owner of the burial space; and
(2) determines that the conditions specified in section 1 of this chapter have been met;
the person or entity must send to the owner a notice of the intent to terminate the
owner's rights to the burial space.
(b) The notice required under subsection (a) must be sent by certified mail with return
receipt requested to the owner's last known address.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-2
Notice
Sec. 2. (a) If the person or entity having jurisdiction over the cemetery:
(1) desires to terminate the rights and interests of the owner of the burial space; and
(2) determines that the conditions specified in section 1 of this chapter have been met;
the person or entity must send to the owner a notice of the intent to terminate the
owner's rights to the burial space.
(b) The notice required under subsection (a) must be sent by certified mail with return
receipt requested to the owner's last known address.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-3
Duties of owner; request for purchase
Sec. 3. (a) An owner who has received a termination notice under section 2 of this
chapter may inform the person or entity having jurisdiction over the cemetery of the
owner's continued intent to use the burial space. If the person or entity having
jurisdiction over the cemetery has been informed of the owner's intent, the person or
entity having jurisdiction over the cemetery may not terminate the
rights and interests of the owner of the burial space.
(b) An owner who has received a termination notice under section 2 of this chapter may
request the person or entity having jurisdiction over the cemetery to purchase the burial
space for the amount originally paid for the burial space.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-4
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
Duties of owner; request for purchase
Sec. 3. (a) An owner who has received a termination notice under section 2 of this
chapter may inform the person or entity having jurisdiction over the cemetery of the
owner's continued intent to use the burial space. If the person or entity having
jurisdiction over the cemetery has been informed of the owner's intent, the person or
entity having jurisdiction over the cemetery may not terminate the IC 23-14-58.5-3
Duties of owner; request for purchase
Sec. 3. (a) An owner who has received a termination notice under section 2 of this
chapter may inform the person or entity having jurisdiction over the cemetery of the
owner's continued intent to use the burial space. If the person or entity having
jurisdiction over the cemetery has been informed of the owner's intent, the person or
entity having jurisdiction over the cemetery may not terminate the
rights and interests of the owner of the burial space.
(b) An owner who has received a termination notice under section 2 of this chapter may
request the person or entity having jurisdiction over the cemetery to purchase the burial
space for the amount originally paid for the burial space.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-4
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter; IC 23-14-58.5-4
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Chapter 58.5. Disposition of Abandoned Burial Spaces
IC 23-14-58.5-0.1
Application of certain amendments to chapter
Sec. 0.1. The addition of section 5 of this chapter by P.L.113-2007 applies only to acts
committed after June 30, 2007.
As added by P.L.220-2011, SEC.381.
IC 23-14-58.5-1
Termination of ownership rights in an unused and unimproved burial space
Sec. 1. (a) Subject to this chapter, if a burial space in a cemetery that is subject to
IC 23-14-41 or any other Indiana law:
(1) has remained unused for a period of at least fifty (50) years from the date of sale
or last recorded designation or transfer; and
(2) has no improvements on the burial space, including the placement of a monument,
memorial, or other permanent appurtenance;
the person or entity having jurisdiction over the cemetery may terminate the rights and
interests of the owner of the burial space.
(b) After July 1, 2007, a contract for the purchase of a burial space must include notice
that the contract is subject to termination as provided in subsection (a).
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-2
Notice
Sec. 2. (a) If the person or entity having jurisdiction over the cemetery:
(1) desires to terminate the rights and interests of the owner of the burial space; and
(2) determines that the conditions specified in section 1 of this chapter have been met;
the person or entity must send to the owner a notice of the intent to terminate the
owner's rights to the burial space.
(b) The notice required under subsection (a) must be sent by certified mail with return
receipt requested to the owner's last known address.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-3
Duties of owner; request for purchase
Sec. 3. (a) An owner who has received a termination notice under section 2 of this
chapter may inform the person or entity having jurisdiction over the cemetery of the
owner's continued intent to use the burial space. If the person or entity having
jurisdiction over the cemetery has been informed of the owner's intent, the person or
entity having jurisdiction over the cemetery may not terminate the
rights and interests of the owner of the burial space.
(b) An owner who has received a termination notice under section 2 of this chapter may
request the person or entity having jurisdiction over the cemetery to purchase the burial
space for the amount originally paid for the burial space.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-4
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
Duties of owner; request for purchase
Sec. 3. (a) An owner who has received a termination notice under section 2 of this
chapter may inform the person or entity having jurisdiction over the cemetery of the
owner's continued intent to use the burial space. If the person or entity having
jurisdiction over the cemetery has been informed of the owner's intent, the person or
entity having jurisdiction over the cemetery may not terminate the
Notice
Sec. 2. (a) If the person or entity having jurisdiction over the cemetery:
(1) desires to terminate the rights and interests of the owner of the burial space; and
(2) determines that the conditions specified in section 1 of this chapter have been met;
the person or entity must send to the owner a notice of the intent to terminate the
owner's rights to the burial space.
(b) The notice required under subsection (a) must be sent by certified mail with return
receipt requested to the owner's last known address.
As added by P.L.113-2007, SEC.7.
Termination of ownership rights in an unused and unimproved burial space
Sec. 1. (a) Subject to this chapter, if a burial space in a cemetery that is subject to
IC 23-14-41 or any other Indiana law:
(1) has remained unused for a period of at least fifty (50) years from the date of sale
or last recorded designation or transfer; and
(2) has no improvements on the burial space, including the placement of a monument,
memorial, or other permanent appurtenance;
the person or entity having jurisdiction over the cemetery may terminate the rights and
interests of the owner of the burial space.
(b) After July 1, 2007, a contract for the purchase of a burial space must include notice
that the contract is subject to termination as provided in subsection (a).
As added by P.L.113-2007, SEC.7.
Application of certain amendments to chapter
Sec. 0.1. The addition of section 5 of this chapter by P.L.113-2007 applies only to acts
committed after June 30, 2007.
As added by P.L.220-2011, SEC.381.
IC 23-14-58.5-1
Termination of ownership rights in an unused and unimproved burial space
Sec. 1. (a) Subject to this chapter, if a burial space in a cemetery that is subject to
IC 23-14-41 or any other Indiana law:
(1) has remained unused for a period of at least fifty (50) years from the date of sale
or last recorded designation or transfer; and
(2) has no improvements on the burial space, including the placement of a monument,
memorial, or other permanent appurtenance;
the person or entity having jurisdiction over the cemetery may terminate the rights and
interests of the owner of the burial space.
(b) After July 1, 2007, a contract for the purchase of a burial space must include notice
that the contract is subject to termination as provided in subsection (a).
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-2
Notice
Sec. 2. (a) If the person or entity having jurisdiction over the cemetery:
(1) desires to terminate the rights and interests of the owner of the burial space; and
(2) determines that the conditions specified in section 1 of this chapter have been met;
the person or entity must send to the owner a notice of the intent to terminate the
owner's rights to the burial space.
(b) The notice required under subsection (a) must be sent by certified mail with return
receipt requested to the owner's last known address.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-3
Duties of owner; request for purchase
Sec. 3. (a) An owner who has received a termination notice under section 2 of this
chapter may inform the person or entity having jurisdiction over the cemetery of the
owner's continued intent to use the burial space. If the person or entity having
jurisdiction over the cemetery has been informed of the owner's intent, the person or
entity having jurisdiction over the cemetery may not terminate the
rights and interests of the owner of the burial space.
(b) An owner who has received a termination notice under section 2 of this chapter may
request the person or entity having jurisdiction over the cemetery to purchase the burial
space for the amount originally paid for the burial space.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-4
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
Duties of owner; request for purchase
Sec. 3. (a) An owner who has received a termination notice under section 2 of this
chapter may inform the person or entity having jurisdiction over the cemetery of the
owner's continued intent to use the burial space. If the person or entity having
jurisdiction over the cemetery has been informed of the owner's intent, the person or
entity having jurisdiction over the cemetery may not terminate the
Notice
Sec. 2. (a) If the person or entity having jurisdiction over the cemetery:
(1) desires to terminate the rights and interests of the owner of the burial space; and
(2) determines that the conditions specified in section 1 of this chapter have been met;
the person or entity must send to the owner a notice of the intent to terminate the
owner's rights to the burial space.
(b) The notice required under subsection (a) must be sent by certified mail with return
receipt requested to the owner's last known address.
As added by P.L.113-2007, SEC.7.
Termination of ownership rights in an unused and unimproved burial space
Sec. 1. (a) Subject to this chapter, if a burial space in a cemetery that is subject to
IC 23-14-41 or any other Indiana law:
(1) has remained unused for a period of at least fifty (50) years from the date of sale
or last recorded designation or transfer; and
(2) has no improvements on the burial space, including the placement of a monument,
memorial, or other permanent appurtenance;
the person or entity having jurisdiction over the cemetery may terminate the rights and
interests of the owner of the burial space.
(b) After July 1, 2007, a contract for the purchase of a burial space must include notice
that the contract is subject to termination as provided in subsection (a).
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-2
Notice
Sec. 2. (a) If the person or entity having jurisdiction over the cemetery:
(1) desires to terminate the rights and interests of the owner of the burial space; and
(2) determines that the conditions specified in section 1 of this chapter have been met;
the person or entity must send to the owner a notice of the intent to terminate the
owner's rights to the burial space.
(b) The notice required under subsection (a) must be sent by certified mail with return
receipt requested to the owner's last known address.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-3
Duties of owner; request for purchase
Sec. 3. (a) An owner who has received a termination notice under section 2 of this
chapter may inform the person or entity having jurisdiction over the cemetery of the
owner's continued intent to use the burial space. If the person or entity having
jurisdiction over the cemetery has been informed of the owner's intent, the person or
entity having jurisdiction over the cemetery may not terminate the
rights and interests of the owner of the burial space.
(b) An owner who has received a termination notice under section 2 of this chapter may
request the person or entity having jurisdiction over the cemetery to purchase the burial
space for the amount originally paid for the burial space.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-4
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
Duties of owner; request for purchase
Sec. 3. (a) An owner who has received a termination notice under section 2 of this
chapter may inform the person or entity having jurisdiction over the cemetery of the
owner's continued intent to use the burial space. If the person or entity having
jurisdiction over the cemetery has been informed of the owner's intent, the person or
entity having jurisdiction over the cemetery may not terminate the
Notice
Sec. 2. (a) If the person or entity having jurisdiction over the cemetery:
(1) desires to terminate the rights and interests of the owner of the burial space; and
(2) determines that the conditions specified in section 1 of this chapter have been met;
the person or entity must send to the owner a notice of the intent to terminate the
owner's rights to the burial space.
(b) The notice required under subsection (a) must be sent by certified mail with return
receipt requested to the owner's last known address.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-3
Duties of owner; request for purchase
Sec. 3. (a) An owner who has received a termination notice under section 2 of this
chapter may inform the person or entity having jurisdiction over the cemetery of the
owner's continued intent to use the burial space. If the person or entity having
jurisdiction over the cemetery has been informed of the owner's intent, the person or
entity having jurisdiction over the cemetery may not terminate the
rights and interests of the owner of the burial space.
(b) An owner who has received a termination notice under section 2 of this chapter may
request the person or entity having jurisdiction over the cemetery to purchase the burial
space for the amount originally paid for the burial space.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-4
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
Duties of owner; request for purchase
Sec. 3. (a) An owner who has received a termination notice under section 2 of this
chapter may inform the person or entity having jurisdiction over the cemetery of the
owner's continued intent to use the burial space. If the person or entity having
jurisdiction over the cemetery has been informed of the owner's intent, the person or
entity having jurisdiction over the cemetery may not terminate the
rights and interests of the owner of the burial space.
(b) An owner who has received a termination notice under section 2 of this chapter may
request the person or entity having jurisdiction over the cemetery to purchase the burial
space for the amount originally paid for the burial space.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-4
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Failure to respond to notice; termination of owner's rights; remedies
Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not
received a response from the owner of the burial space within sixty (60) days after
sending the notice required in section 2 of this chapter, the person or entity having
jurisdiction over the cemetery shall advertise in a newspaper of general circulation in
the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising
required in subsection (a), the notice requirement under section 2 of this chapter must be
repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a
response regarding the owner of the burial space within sixty (60) days after placing the
advertisement required in subsection (a), the owner's rights and interests in the
burial space are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having jurisdiction over the cemetery
may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over
the cemetery after the owner's rights and interests in the burial space are terminated
under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial
space, reimbursement for the amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in
providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-5
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
Penalty
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
This list is for sharing ideas and restoration projects, questions and history topics
reguarding pioneer cemeteries in the state of Indiana.
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the word 'unsubscribe' without the quotes in the subject and the body of the
message
This list is for sharing ideas and restoration projects, questions and history topics
reguarding pioneer cemeteries in the state of Indiana.
-------------------------------
To unsubscribe from the list, please send an email to INPCRP-request(a)rootsweb.com with
the word 'unsubscribe' without the quotes in the subject and the body of the
message
This list is for sharing ideas and restoration projects, questions and history topics
reguarding pioneer cemeteries in the state of Indiana.
-------------------------------
To unsubscribe from the list, please send an email to INPCRP-request(a)rootsweb.com with
the word 'unsubscribe' without the quotes in the subject and the body of the
message
This list is for sharing ideas and restoration projects, questions and history topics
reguarding pioneer cemeteries in the state of Indiana.
-------------------------------
To unsubscribe from the list, please send an email to INPCRP-request(a)rootsweb.com with
the word 'unsubscribe' without the quotes in the subject and the body of the
message