2018 Indiana Code
TITLE 23. Business and other Associations
ARTICLE 14. CEMETERY ASSOCIATIONS
CHAPTER 38. Construction of Mausoleums and Vaults
23-14-38-2. Removal and reinterment of bodies from burial structure declared to be public nuisance; removal of mausoleum or vault; costs

     Sec. 2. (a) This section applies if:

(1) a person fails to maintain a mausoleum, garden crypt, vault, or other burial structure in a good state of repair; and

(2) by reason of the failure referred to in subdivision (1), a court of competent jurisdiction declares the mausoleum, garden crypt, vault, or other burial structure to be a public nuisance.

     (b) The deceased body or bodies interred in the mausoleum, garden crypt, vault, or other burial structure shall be removed and properly interred:

(1) within thirty (30) days after the judgment declaring the mausoleum, garden crypt, vault, or other burial structure to be a nuisance, if the judgment is not appealed; or

(2) if the judgment is appealed, within thirty (30) days after the judgment is upheld on appeal.

     (c) The mausoleum, garden crypt, vault, or other burial structure shall be removed:

(1) within one hundred eighty (180) days after the judgment declaring the mausoleum, garden crypt, vault, or other burial structure to be a nuisance, if the judgment is not appealed; or

(2) if the judgment is appealed, within one hundred eighty (180) days after the judgment is upheld on appeal.

     (d) The cost of reinterring the bodies under subsection (b) and removing the mausoleum, garden crypt, vault, or other burial structure under subsection (c) shall be paid:

(1) by the person who owns the mausoleum, garden crypt, vault, or other burial structure; or

(2) if the person who owns the mausoleum, garden crypt, vault, or other burial structure is not found, by the county in which the mausoleum, garden crypt, vault, or structure is located.

As added by P.L.52-1997, SEC.12.