2006 Nebraska Revised Statutes - § 12-501 — Formation; trustees; election; notice; clerk; right to establish cemetery limited.

Section 12-501
Formation; trustees; election; notice; clerk; right to establish cemetery limited.

Every cemetery hereafter established, other than those owned, operated and maintained by towns, villages and cities, by churches, and by fraternal and benevolent societies, shall be owned, conducted and managed by cemetery associations organized and incorporated as hereinafter provided. The establishment of a cemetery by any agency other than those enumerated herein shall constitute a nuisance, and its operation may be enjoined at the suit of any taxpayer in the state. It shall be lawful for any number of persons, not less than five, who are residents of the county in which they desire to form themselves into an association, to form themselves into a cemetery association, and to elect any number of their members, not less than three, to serve as trustees, and one member as clerk, who shall continue in office during the pleasure of the society; all such elections shall take place at a meeting of four or more members of such association by a majority vote of those present; PROVIDED, a notice for such meeting shall have been published in a local newspaper, or posted in three places within the precinct or township, at least fifteen days prior to said meeting.

Source:

R.S.1866, c. 25, § 45, p. 205

Laws 1905, c. 38, § 1, p. 274

R.S.1913, § 679

C.S.1922, § 588

C.S.1929, § 13-501

Laws 1935, c. 27, § 1, p. 121

C.S.Supp.,1941, § 13-501

Annotations:

This section contains the provisions under which cemetery association is established. Root v. Morning View Cemetery Assn., 174 Neb. 438, 118 N.W.2d 633 (1962).

Presumption of continued existence arises after proper organization. Tetschner v. Cram, 157 Neb. 734, 61 N.W.2d 378 (1953).

Amendment to bylaws of association organized under this article (sections 12-501 to 12-529), made without any notice whatever to members, is void, where bylaws required notice, but did not prescribe the manner thereof. State ex rel. Craig v. Offutt, 121 Neb. 76, 236 N.W. 174 (1931).

Property involved belonged to a private corporation organized under this section. Greenwood Cemetery v. City of Wayne, 110 Neb. 300, 193 N.W. 734 (1923).

Receiver denied for corporation organized under this article. Youngers v. Exeter Cemetery Assn., 85 Neb. 314, 123 N.W. 95 (1909).

Corporations organized under this article are private corporations. Pokrok Zapadu Publishing Co. v. Zizkovsky, 42 Neb. 64, 60 N.W. 358 (1894).

This article divests cities of control of cemeteries. State ex rel. Wyuka Cemetery Assn. v. Bartling, 23 Neb. 421, 36 N.W. 811 (1888).

~Reissue Revised Statutes of Nebraska