Chapter 12 — CEMETERIES
153 sections in this chapter.
Neb. Rev. Stat. § 12-606 Construction; location.
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No person, firm, partnership, limited liability company, corporation, or association shall construct any vault, crypt, columbarium, or mausoleum for public use, wholly or partially above the surface of the ground, to be used to contain the body of any dead person unless the same …
Repealed. Laws 1996, LB 1155, § 121.
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[Repealed or reserved.]
Repealed. Laws 1996, LB 1155, § 121.
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[Repealed or reserved.]
Repealed. Laws 1996, LB 1155, § 121.
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[Repealed or reserved.]
Repealed. Laws 1996, LB 1155, § 121.
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[Repealed or reserved.]
Repealed. Laws 1996, LB 1155, § 121.
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[Repealed or reserved.]
Repealed. Laws 1996, LB 1155, § 121.
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[Repealed or reserved.]
Repealed. Laws 1996, LB 1155, § 121.
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[Repealed or reserved.]
Neb. Rev. Stat. § 12-613 Trust fund for perpetual care.
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It shall be unlawful for any person, firm, partnership, limited liability company, corporation, or association to sell, transfer, or assign any niche or crypt in a columbarium or mausoleum without establishing a trust fund for the perpetual care and maintenance of such columbariu…
Neb. Rev. Stat. § 12-614 Sale of crypts or niches; amount set aside for maintenance.
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Any person, partnership, limited liability company, firm, corporation, or association which sells, assigns, or transfers any crypt or niche in a mausoleum or columbarium shall set aside a sum of not less than fifty dollars for each crypt and not less than twenty-five dollars for …
Neb. Rev. Stat. § 12-615 Trustees of perpetual care trust fund; appointment; bond.
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The trustee or trustees of the perpetual care trust fund shall consist of: (1) At least three disinterested persons, who have been residents of the county in which the mausoleum or columbarium is located for a period of at least one year prior to their appointment; or (2) A disin…
Neb. Rev. Stat. § 12-616 Trustees of perpetual care trust fund; authority to receive gifts; investment of funds.
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The trustee or trustees shall have the authority to receive gifts or bequests of money and other personal property and devises of real estate and any interest therein, to be placed in the perpetual care fund. The principal of the perpetual care fund shall be forever held inviolat…
Neb. Rev. Stat. § 12-617 Violations; penalty.
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Any person, firm, corporation, or association violating any of the provisions of sections 12-603 and 12-606 to 12-618 shall be guilty of a Class IV misdemeanor.
Neb. Rev. Stat. § 12-618 Violations; cumulative offenses.
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Each day any person, firm, corporation, or association violates any of the provisions of sections 12-603 and 12-606 to 12-618, shall be deemed to be a separate and distinct offense.
Neb. Rev. Stat. § 12-701 Conveyed lots; reversion; conditions; procedure; effect.
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(1) For purposes of this section, lot owner means the purchaser of a cemetery lot or such purchaser's heirs, administrators, trustees, legatees, devisees, or assigns. (2) Whenever a county, city, or village has acquired real estate for the purpose of maintaining a cemetery or has…
Neb. Rev. Stat. § 12-702 Conveyed lots; reversion; sale authorized; proceeds; disposition.
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A county, city, or village that is the reversionary owner of a lot, part of a lot, lots, or parts of lots pursuant to section 12-701 may sell the same and convey title to such lots or parts of lots. Any funds realized from the sale of such lot, part of lot, lots, or parts of lots…
Neb. Rev. Stat. § 12-801 Trustees; change or improve conditions of lot; repair and remove property; powers; procedure.
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The trustees of any cemetery, as hereinafter defined, may change or improve the condition of any burial lot in a cemetery, under the management or control of such trustees, if such burial lot is overgrown with weeds or is otherwise so unsightly as to seriously disfigure the buria…
Neb. Rev. Stat. § 12-802 Notice; contents; how served.
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The notice shall state the legal description of such burial lot, the property located on such lot which is claimed to be so unsightly, dilapidated, or decayed, and that if the property is not repaired or removed within thirty days after such notice is given, the trustees will pro…
Neb. Rev. Stat. § 12-803 Terms, defined.
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The terms trustees of any cemetery or the trustees, as used in sections 12-801 to 12-804, shall include trustees of a cemetery association, cemetery boards, or other persons, public or private corporations, municipalities, townships, boards or governing bodies having the manageme…
Neb. Rev. Stat. § 12-804 Sections, how construed.
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The provisions of sections 12-801 to 12-804 shall be deemed cumulative with and supplemental to any laws of the State of Nebraska relating to the establishment or operation of cemeteries and the powers of the trustees or other governing bodies thereof.
Neb. Rev. Stat. § 12-805 Abandoned or neglected cemeteries; care and maintenance.
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The county board shall expend money from the general fund of the county for the care and maintenance of each abandoned or neglected cemetery. Such amount shall not exceed one thousand dollars per cemetery in a calendar year. Such care and maintenance may include the repair or bui…
Neb. Rev. Stat. § 12-806 Abandoned or neglected cemeteries; care; item in county budget.
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The county board may include in the budget for the next fiscal year an item for care of abandoned or neglected cemeteries as provided in section 12-805.
Repealed. Laws 2008, LB 995, § 12.
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[Repealed or reserved.]
Neb. Rev. Stat. § 12-807 Abandoned or neglected pioneer cemeteries; preservation.
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The county board shall expend money from the general fund of the county for the continuous preservation and maintenance, including mowing, of an abandoned or neglected pioneer cemetery when petitioned to do so by thirty-five adult residents of the county. The county board shall p…
Neb. Rev. Stat. § 12-808 Abandoned or neglected pioneer cemetery, defined.
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For purposes of sections 12-807 to 12-810 and 12-812, an abandoned or neglected pioneer cemetery shall be defined according to the following criteria: (1) Such cemetery was founded or the land upon which such cemetery is situated was given, granted, donated, sold, or deeded to th…
Neb. Rev. Stat. § 12-808.01 Abandoned and neglected pioneer cemeteries; access; when.
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An owner of property upon which is located a pioneer cemetery affected by sections 12-807 to 12-810 shall not deny pedestrian access to such cemetery as prescribed by this section. Pedestrian access to a pioneer cemetery affected by sections 12-807 to 12-810 shall be granted on M…
Neb. Rev. Stat. § 12-809 Abandoned and neglected pioneer cemeteries; maintenance.
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Care given to such cemetery by a county under sections 12-807 to 12-810 may include the removal of shrubbery, trees, or brush, the erection of adequate fences, the planting of grass, flowers, trees, and shrubbery, repair and uprighting of tombstones and gravemarkers, and any othe…
Neb. Rev. Stat. § 12-810 Abandoned or neglected pioneer cemeteries; mowing; historical and directional markers.
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Any county affected by sections 12-807 to 12-810 shall provide for at least one mowing annually of such cemetery each year, and one of such mowings shall occur within a period of two weeks prior to Memorial Day. Additional mowings shall be at the discretion of the county board, a…
Repealed. Laws 1996, LB 932, § 6.
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[Repealed or reserved.]
Neb. Rev. Stat. § 12-812 Abandoned or neglected pioneer cemetery; county transfer management; conditions.
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A county which is maintaining an abandoned or neglected pioneer cemetery may transfer the management of the cemetery to a cemetery association formed under sections 12-501 to 12-532 or to a cemetery district organized under sections 12-909 to 12-923 if: (1) The county has been ma…
Repealed. Laws 1961, c. 27, § 14.
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[Repealed or reserved.]
Repealed. Laws 1961, c. 27, § 14.
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[Repealed or reserved.]
Repealed. Laws 1961, c. 27, § 14.
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[Repealed or reserved.]
Repealed. Laws 1961, c. 27, § 14.
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[Repealed or reserved.]
Repealed. Laws 1961, c. 27, § 14.
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[Repealed or reserved.]
Repealed. Laws 1961, c. 27, § 14.
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[Repealed or reserved.]
Repealed. Laws 1961, c. 27, § 14.
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[Repealed or reserved.]
Repealed. Laws 1961, c. 27, § 14.
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[Repealed or reserved.]
Neb. Rev. Stat. § 12-909 Organization; territory.
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A majority of the resident taxpayers in any compact and contiguous district, territory, neighborhood, or community in the State of Nebraska, which is equivalent in area to one township or more, is hereby authorized to form, organize, and establish a cemetery district which shall …
Neb. Rev. Stat. § 12-910 Petition; filing; contents.
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Whenever a majority of the resident taxpayers of any such district, territory, neighborhood, or community intends or desires to form, organize, and establish a cemetery district which will be empowered to equip and maintain a cemetery or cemeteries when the organization thereof i…
Neb. Rev. Stat. § 12-911 County board; examine petition; hearing; notice.
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Upon receipt of such petition, the county board shall examine it to determine whether it complies with the requirements of section 12-910. Upon finding that such petition complies with such requirements, the county board shall set a hearing thereon and cause notice thereof to be …
Neb. Rev. Stat. § 12-912 Completion of organization; meeting; notice.
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After completion of the hearing required by section 12-911, the county board, if it determines that formation of the proposed district would promote public health, convenience, or welfare, shall order such changes in the boundaries of such proposed district or of the areas into w…
Neb. Rev. Stat. § 12-913 Board of trustees; officers; election; terms; compensation.
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At the public meeting held under section 12-912, permanent organization shall be effected by the election of a board of trustees consisting of three or five residents of the district if the district includes territory in five townships or less. If the district shall embrace or in…
Neb. Rev. Stat. § 12-914 Budget; adoption; certification of tax; levy; collection; use.
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The board of trustees shall annually fix the amount of money for the proposed budget statement as may be deemed sufficient and necessary for carrying out the proposed policy with regard to the contemplated cemetery or cemeteries for the ensuing fiscal year. After the adoption of …
Neb. Rev. Stat. § 12-915 Bylaws; adoption.
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The board of trustees of the cemetery district may adopt such bylaws as may be deemed necessary for the government of said district.
Neb. Rev. Stat. § 12-916 Warrants; amount authorized; rate of interest.
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All warrants for the payment of any indebtedness of such a cemetery district, which are unpaid for want of funds, shall bear interest, but not to exceed six percent per annum, from the date of the registering of such unpaid warrants with the cemetery district treasurer. The amoun…
Neb. Rev. Stat. § 12-917 Area; addition; withdrawal; procedure.
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Lands may be added to or withdrawn from such district in the manner provided for its formation, but no withdrawal may be allowed if the result thereof would be to reduce the remaining territory included in the district below the minimum area provided in section 12-909.
Neb. Rev. Stat. § 12-918 Area withdrawn; outstanding obligations; assessment.
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Any area withdrawn from a district shall be subject to assessment and be otherwise chargeable for the payment and discharge of all of the obligations outstanding at the time of the filing of the petition for the withdrawal of the area as fully as though the area had not been with…
Neb. Rev. Stat. § 12-919 Area withdrawn; obligations incurred after withdrawal; not subject to assessment.
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An area withdrawn from a district shall not be subject to assessment or otherwise chargeable for any obligation of any nature or kind incurred after the withdrawal of the area from the district.
Neb. Rev. Stat. § 12-920 Powers; duties; liabilities.
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When a district has been organized under the provisions of sections 12-909 to 12-921, it shall have all the powers and duties and be subject to all the liabilities and restrictions incident to cemetery associations organized under Chapter 12, article 5, and amendments thereto, ex…