I think all of the replies to this request have been valid. Even after reading the very
lengthy attached code, I still don't feel I know much about Indiana law, so I can only
speak from personal experience. I do know that in Ohio, once a plot has been purchased,
it is no longer available for any reason. I know when I was purchasing a grave for my
late husband in the local cemetery, my first choice of location was not obtainable. Back
in the 19-teens, a woman had purchased the entire southwest quadrant of a section, so that
she could be buried there and have no one near her. The cemetery still is not allowed to
re-sell that land (unless they had express permission from any family that might still
exist).
I also think my great-grandparents' family plot in Albright Cemetery in Kokomo,
Indiana is sort of like that (although not for the reason of having no one else around!).
There are currently 13 people buried there and about 4-6 gravesites are covered by the big
family stone. According to cemetery records, there are several additional spots that will
be available to the family or anyone they alone designate in perpetuity, even though the
plot was purchased by someone who died more than 60 years ago.
Jan
Kent, Ohio
-----Original Message-----
Date: Mon, 7 Nov 2011 13:23:22 +0000 (UTC)
From: s.m.mills(a)comcast.net
Subject: [INPCRP] disposition of unused burial spaces
To: INPCRP(a)rootsweb.com
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.
------------------------------
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End of INPCRP Digest, Vol 6, Issue 29
*************************************