2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 523I - IOWA CEMETERY ACT
523I.315 - UNPAID CARE ASSESSMENTS AND UNOCCUPIED INTERMENT SPACES.

        523I.315  UNPAID CARE ASSESSMENTS AND UNOCCUPIED
      INTERMENT SPACES.
         1.  Foreclosure -- unpaid assessments.  Unpaid care
      assessments for an unoccupied interment space not under perpetual
      care shall create a lien by the cemetery against the applicable
      interment space.  The cemetery may, following notice, foreclose on
      the interment space if the amount of the lien exceeds the amount paid
      for the interment space.  If the lien is not paid within one year
      from the date that notice of foreclosure is served on the owner of
      record or the owner of record's heirs, the ownership in or right to
      the unoccupied interment space shall revert to the cemetery that owns
      the cemetery in which the unoccupied interment space is located.
         2.  Abandonment -- quiet title action.  A cemetery may file an
      action to quiet title to determine whether an interment space has
      been abandoned if the interment space is unoccupied and has not been
      occupied in the preceding seventy-five years.  An action to quiet
      title shall commence when the cemetery serves notice on the owner of
      record or the owner of record's heirs declaring that the interment
      space is considered to be abandoned.  If the owner of record or the
      owner of record's heirs do not respond within three years from the
      date that notice is served, the abandonment is considered to be
      complete.  The ownership in or right to an abandoned interment space
      shall revert to the cemetery in which the abandoned interment space
      is located and the cemetery may sell and convey title to the
      interment space.
         3.  Service of notice.  Notice under this section shall be
      served personally on the owner of record or the owner of record's
      heirs, or may be served by mailing notice by certified mail to the
      owner of record or to the owner of record's heirs at the last known
      address.  If the address of the owner of record or the owner of
      record's heirs cannot be ascertained, notice of abandonment shall be
      given by one publication of the notice in the official newspaper of
      the county in which the cemetery is located.  

         2005 Acts, ch 128, §37