Jon, you need to discuss this with a knowledgeable Indiana attorney but I
suspect (fear) that "buying a cemetery plot" under Indiana law is not an
actual purchase of real estate but rather it is a contract for the
acquisition of the RIGHT TO BE BURIED in that plot.
How many cemetery purchase documents are recorded with the County Clerk, as
are deeds for the actual purchase of real estate? Very, very few, if ANY.
Lois
----- Original Message -----
From: "jon andrews" <sianoil(a)hotmail.com>
To: "cemetery list" <inpcrp(a)rootsweb.com>
Sent: Wednesday, November 09, 2011 10:25 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.
> -------------------------------
> 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.
-------------------------------
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