Hopefully Jeannie will comment on this.
She did tell me it is different in other states.
But in Indiana you can not us a spot without the paperwork.
It can be willed or handed down or given to other family members.
Also Sue is correct there are to many folks that are unmarked.
I've talked to several folks digging the graves. The records are
just not that great. They hit unmarked graves all the time.
LA
----- Original Message -----
From: "Sue Silver" <ssilver1951(a)sbcglobal.net>
To: <inpcrp(a)rootsweb.com>
Sent: Tuesday, November 08, 2011 1:12 AM
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