2010 Indiana Code
TITLE 23. BUSINESS AND OTHER ASSOCIATIONS
ARTICLE 14. CEMETERY ASSOCIATIONS
CHAPTER 58.5. DISPOSITION OF ABANDONED BURIAL SPACES
IC 23-14-58.5
Chapter 58.5. Disposition of Abandoned Burial Spaces
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.
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