MontanaHB 52369th Legislature, Regular Session (2025)House

Providing for disposition of abandoned graveyard lots

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Protected lots and who this covers

The law does not apply to public cemetery lots set aside for veterans. It also does not apply to lots the administrator knows contain human remains, even if unmarked. Private cemeteries do not have to use this process but may choose to adopt it. The law defines who the cemetery administrator is and what a plot means, so people know who runs the process and what land areas it covers.

Buying the lot when no one claims

If no owner or heir contacts the administrator by the last publication date and the affidavit is on file, the lot is abandoned. The administrator approves the petition, sets the purchase price (no formula in law), and issues the conveyance. A copy of the conveyance is filed with the county clerk and recorder where most of the cemetery is located. If someone claims ownership, the administrator must review it; if the claim is not valid, the sale process can proceed.

How to buy abandoned public cemetery lots

The law sets when a public cemetery lot is abandoned: no burial and no contact with the owner or heirs for 75 years. Any person may petition to have a lot declared abandoned and ask to buy it. Your petition must list your contact details, describe the lot, show your search for the owner or heirs, and include a signed affirmation or a notarized oath. The cemetery administrator must publish a notice once a week for three weeks in a local paper (or one in a nearby county if needed). The notice must include the lot description, the recorded owner’s name and estimated purchase date, the administrator’s contact info, and the last publication date as the deadline to claim. After the notices run, an affidavit of publication is required.

Sponsors & Cosponsors

Sponsor

Bill Mercer
Republican • House

Cosponsors

Greg Hertz
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 221 • No: 75

Senate vote • 4/14/2025

Do Concur

Yes: 45 • No: 3

Senate vote • 4/12/2025

Do Concur

Yes: 46 • No: 4

House vote • 3/7/2025

Do Pass

Yes: 67 • No: 32

House vote • 3/5/2025