Title 23, BUSINESS AND OTHER ASSOCIATIONS

Sec. 1. (a) Except as provided in subsections (b) and (d), this chapter applies to each cemetery that: (1) is without funds for maintenance; (2) was in existence on February 28, 1939; and (3) is operated by a nonprofit organization or is not managed by any viable organization. (b…

Sec. 2. The trustee of each township shall locate and maintain all the cemeteries described in section 1(a) of this chapter that are within the township. However, a cemetery association claiming assistance under this chapter shall furnish a verified statement of assets and liabil…

Sec. 3. For the purposes of this chapter, the maintenance of a cemetery includes the following: (1) Resetting and straightening all monuments. (2) Leveling and seeding the ground. (3) Constructing fences where there are none and repairing existing fences. (4) Destroying and clean…

Sec. 4. (a) The township: (1) shall appropriate enough money to provide for the care, repair, and maintenance of each cemetery described in section 1(a) of this chapter that is located within the township; and (2) may appropriate enough money to provide for maintenance of a cemet…

Sec. 4.5. (a) If the trustee of a township reasonably believes that: (1) the funds available to a cemetery that is located in the township and described in section 1(b) of this chapter from: (A) the perpetual care fund maintained by the owner of the cemetery under IC 23-14-48; an…

Sec. 5. A township trustee who fails to perform the trustee's duties under this chapter commits a Class C infraction. As added by P.L.52-1997, SEC.42.

Sec. 6. (a) A township trustee who is maintaining a cemetery under section 2 of this chapter may sell plots (as defined in IC 23-14-33-25) within the cemetery that are not known to be owned by any plot owner (as defined in IC 23-14-33-26) for use in the interment, entombment, or …

Sec. 7. (a) A township trustee may appoint a cemetery caretaker to control and manage a cemetery to which this chapter applies. (b) If a cemetery caretaker is appointed under this section and the position becomes vacant, the township trustee shall appoint a new cemetery caretaker…

Sec. 1. This chapter applies to the following: (1) A public cemetery that belongs to a township. (2) An addition to a public cemetery that belongs to a township. As added by P.L.52-1997, SEC.43.

Sec. 2. This chapter does not apply to the following: (1) A cemetery that is owned or controlled by a city, a town, or a voluntary association. (2) A cemetery that is maintained by a township under IC 23-14-68. As added by P.L.52-1997, SEC.43.

Sec. 3. A township trustee shall care for and maintain each cemetery to which this chapter applies that is located in the township. The duties of a township trustee under this chapter include the following: (1) Destroying detrimental plants (as defined in IC 15-16-8-1), rampant w…

Sec. 4. (a) The township trustee may accept donations of land suitable for a public cemetery if the township trustee considers acceptance of the land to be in the best interests of the township. (b) Donated land shall be: (1) conveyed to the township; (2) set apart by the trustee…

Sec. 5. (a) If: (1) no land suitable for a public cemetery is donated to a township; and (2) the township legislative body adopts a resolution approving the purchase; the township executive may purchase land for the purpose of establishing a public cemetery. (b) When land is purc…

Sec. 6. A public cemetery of a township may be used by the inhabitants of the township for the interment of the dead. The township trustee may prescribe regulations governing the use of the cemetery. As added by P.L.52-1997, SEC.43.

Sec. 7. (a) When a township acquires title to land by donation, purchase, or otherwise for a public cemetery, the trustee of the township shall: (1) lay out the land in lots with streets and walks; (2) plat the land; and (3) record the plat in the office of the recorder of the co…

Sec. 8. (a) The township trustee may sell and convey the lots in a cemetery to which this chapter applies at a private sale to persons who desire to purchase them. The trustee shall not sell a lot under this subsection at less than the value fixed for the lot under section 7 of t…

Sec. 9. All expenses incurred by the township trustee for administering this chapter shall be paid out of the township fund of the township. As added by P.L.52-1997, SEC.43.

Sec. 1. (a) The board of commissioners of a county may receive from or on behalf of a: (1) cemetery corporation; (2) church; (3) association; or (4) organization; that has been dissolved or is to be dissolved a deposit of money to be held in trust under terms that are designated …

Sec. 2. All money received by a board of commissioners under section 1 of this chapter may be invested in compliance with IC 20-42-1-14. As added by P.L.52-1997, SEC.44. Amended by P.L.2-2006, SEC.181.

Sec. 3. The county auditor shall distribute the interest accrued on any cemetery fund or funds received under section 1 of this chapter on the last Monday of January of each year to the following person or persons: (1) The trustee of the township in which an abandoned or unincorp…

Sec. 4. (a) A township trustee or treasurer of the board of directors of an incorporated cemetery who receives a distribution under section 3 of this chapter shall make a receipt or voucher for any money paid out. (b) A receipt or voucher made under subsection (a) must state: (1)…

Sec. 5. (a) The auditor is liable on the auditor's bond for any neglect or failure of duty with respect to funds received under section 1 of this chapter in the same manner as with respect to the school fund. (b) The county is also liable for the preservation of the principal and…

Sec. 6. (a) This chapter does not affect a bequest, legacy, or endowment that is under or comes under the control of: (1) the board of directors of an incorporated cemetery; or (2) the trustees or officers of a church, association, or other organization. (b) This chapter does not…

Sec. 1. As used in this chapter, "association" refers to the Union Chapel Cemetery Association. As added by P.L.52-1997, SEC.45.

Sec. 2. The Union Chapel Cemetery Association holds title to the real estate of the Union Chapel Cemetery in Washington Township, Marion County, Indiana, for the uses and purposes of a public cemetery. As added by P.L.52-1997, SEC.45.

Sec. 3. The association may lay out and plat into lots all portions of the cemetery not platted and used and occupied for burial purposes on March 6, 1899, and may purchase, take, receive, and hold other real estate adjacent to the cemetery for burial purposes. As added by P.L.52…

Sec. 4. The trustees of the association: (1) have full and complete charge, care, and supervision of the cemetery; and (2) may care for, supervise, and beautify the cemetery in the same manner and with the same powers provided by law for public cemeteries. As added by P.L.52-1997…

Sec. 1. This chapter does not apply to a cemetery: (1) in which the interment of dead bodies has been forbidden before May 31, 1917, by ordinance passed by a city in Indiana; or (2) that has been condemned for use for the interment of dead bodies by the action of: (A) the Indiana…

Sec. 2. If: (1) the grounds of a cemetery that is platted but not incorporated adjoin or are contiguous to the grounds of a cemetery that is incorporated under Indiana law; and (2) a petition that: (A) seeks the incorporation of the grounds of the unincorporated cemetery into the…

Sec. 3. After the grounds of an unincorporated cemetery are brought into an incorporated cemetery under section 2 of this chapter, the association of the incorporated cemetery may periodically levy an assessment against each lot that was brought into the incorporated cemetery to …

Sec. 4. (a) As used in this section, "lot" includes a half-lot. (b) If: (1) the owner of a lot fails to pay an assessment imposed under section 3 of this chapter within the time allowed by the bylaws of the association of the incorporated cemetery; and (2) the lot is not occupied…

Sec. 5. (a) An incorporated cemetery that extends its boundaries to include the grounds of an unincorporated cemetery under section 2 of this chapter, instead of levying a periodic assessment against the owner of a lot under section 3 of this chapter, may collect a fixed amount f…

Sec. 1. As used in this chapter, "member of the armed forces" means an individual who served on active duty in the: (1) United States Army; (2) United States Navy; (3) United States Air Force; (4) United States Marine Corps; (5) United States Space Force; or (6) United States Coa…

Sec. 2. A board of trustees or other governing body or custodian that controls a cemetery shall not refuse to allow the setting up of markers for the graves of deceased members of the armed forces in its grounds if the markers conform to the standard markers furnished by the Unit…

Sec. 3. A person who violates section 2 of this chapter commits a Class C infraction. As added by P.L.52-1997, SEC.47.

Sec. 1. A corporation, organization, association, or individual that owns and has the control and management of a public cemetery located in a township shall keep the public cemetery in a respectable condition by destroying detrimental plants (as defined in IC 15-16-8-1), noxious…

Sec. 2. A person who violates section 1 of this chapter commits a Class C infraction. Each year during which a cemetery is neglected in violation of this chapter constitutes a separate offense. As added by P.L.52-1997, SEC.48.

Sec. 1. This chapter applies to a city, town, or township that: (1) owns a cemetery that has been in existence for at least thirty (30) years; or (2) desires to own a public cemetery. As added by P.L.52-1997, SEC.49. Amended by P.L.163-2006, SEC.3.

Sec. 2. If land has not been appropriated or set apart by the owners by platting for a public cemetery and it is necessary to purchase real estate for the cemetery: (1) the legislative body of the city or town; or (2) the executive of the township; has the power of eminent domain…

Sec. 1. This chapter does not apply to a cemetery owned by a county or a township. However, if a cemetery owned by a county or township is sold to a private entity, the purchaser is subject to this chapter. As added by P.L.52-1997, SEC.50.

Sec. 2. (a) As used in this chapter, "cemetery association" means any cemetery association, cemetery corporation, or cemetery organization that: (1) was established under this article before July 1, 1997; and (2) has not been reorganized under IC 23-1 or IC 23-17 before January 1…

Sec. 3. Except as provided in section 4 of this chapter, after December 31, 1997: (1) IC 23-1 applies to a cemetery association that has issued shares of stock; and (2) IC 23-17 applies to a cemetery association that has not issued shares of stock. As added by P.L.52-1997, SEC.50…

Sec. 4. (a) Before January 1, 1998, a cemetery association may elect to have the provisions of IC 23-1 or IC 23-17 apply permanently to the cemetery association, irrespective of whether the cemetery association has issued shares of stock. (b) A cemetery association electing to ha…

Sec. 1. A person who sells or otherwise furnishes to another person a vault that: (1) will be used to encase the remains of a deceased individual; and (2) is not airtight and watertight; shall inform the other person in writing that the vault is not airtight and watertight before…

Sec. 2. A person who violates this chapter commits a Class B infraction. As added by P.L.61-2008, SEC.3.

Sec. 1. This chapter applies to private cemeteries that are not owned or controlled by a cemetery corporation, church, association, or organization. As added by P.L.102-2020, SEC.3.