As president of a cemetery association, I would concur that there is no
right answer to this problem. Our issue is that 50 years and longer ago, our
cemetery board put a push on to sell burial spaces in an effort to raise
money. The price was $50 for a lot consisting of six graves. Today, we
sell these for $2100 for six graves. We are still burying family members in
these lots (even though we would much rather sell new ones as we still need
the income). Once in a while we do find owners who want to divest the
remaining graves or deed them to someone else (family or close friend). We do
so as long as they are the legal owners or legal heirs to the owners and we
show the ownership in our records. Since a burial plot is a deeded
property and should be recorded in the county recorder's office where the
cemetery is located, I would be hesitant to do anything other than encourage other
family members to use them up if all the heirs are in agreement...and as
much as I'd rather take them back and re-sell them at today's prices, I
don't think the current statute is an appropriate course of action.
Kyle D. Conrad
In a message dated 11/9/2011 11:18:11 A.M. Central Standard Time,
sianoil(a)hotmail.com writes:
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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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