(a) (a) An interment right is considered abandoned, and reverts to the cemetery company that owns or controls the cemetery where the right was purchased, if the following occurs:(1) Seventy-five (75) years passes without known contact with the recorded owner of the interment right or, if the recorded owner is deceased, with an heir or beneficiary of the recorded owner of the right;(2) The cemetery company conducts a reasonable search for the recorded owner of the interment right and, if the recorded owner of the interment right is deceased, an heir or beneficiary of the owner; the reasonable search must include:(A) Sending a certified letter of notice to the last known address of the recorded owner of the interment right, or any known heir or beneficiary of the owner; provided that, if an address is not available, this subdivision (a)(2)(A) does not apply; and(B) Publishing a description of the interment right specifying the exact location of the right within the cemetery on the cemetery company's website, if available, for a minimum of twelve (12) months; and(3) An individual does not provide proof of ownership of the interment right within one (1) year from the first date of the publication required by subdivision (a)(2)(B).(b) A cemetery may not reclaim any interment right if a memorial has been installed on the cemetery space.(c) An individual who provides proof of ownership of an interment right that is deemed abandoned pursuant to this section that has been used or sold by the cemetery company is entitled to receive an interment right from the cemetery company's available inventory of equal value to the resale price of the abandoned interment right that reverted to the cemetery company or the original purchase price, whichever is greater, for up to twenty-five (25) years after the right was reclaimed by the cemetery company.(d) A cemetery that reclaims an interment right under this section must keep a record of such reclamation and provide the record to the commissioner of commerce and insurance upon request.(e) A cause of action does not arise from reclamation of an abandoned interment right if the interment right was reclaimed in accordance with this section.
(a) An interment right is considered abandoned, and reverts to the cemetery company that owns or controls the cemetery where the right was purchased, if the following occurs:(1) Seventy-five (75) years passes without known contact with the recorded owner of the interment right or, if the recorded owner is deceased, with an heir or beneficiary of the recorded owner of the right;(2) The cemetery company conducts a reasonable search for the recorded owner of the interment right and, if the recorded owner of the interment right is deceased, an heir or beneficiary of the owner; the reasonable search must include:(A) Sending a certified letter of notice to the last known address of the recorded owner of the interment right, or any known heir or beneficiary of the owner; provided that, if an address is not available, this subdivision (a)(2)(A) does not apply; and(B) Publishing a description of the interment right specifying the exact location of the right within the cemetery on the cemetery company's website, if available, for a minimum of twelve (12) months; and(3) An individual does not provide proof of ownership of the interment right within one (1) year from the first date of the publication required by subdivision (a)(2)(B).
(1) Seventy-five (75) years passes without known contact with the recorded owner of the interment right or, if the recorded owner is deceased, with an heir or beneficiary of the recorded owner of the right;
(2) The cemetery company conducts a reasonable search for the recorded owner of the interment right and, if the recorded owner of the interment right is deceased, an heir or beneficiary of the owner; the reasonable search must include:(A) Sending a certified letter of notice to the last known address of the recorded owner of the interment right, or any known heir or beneficiary of the owner; provided that, if an address is not available, this subdivision (a)(2)(A) does not apply; and(B) Publishing a description of the interment right specifying the exact location of the right within the cemetery on the cemetery company's website, if available, for a minimum of twelve (12) months; and
(A) Sending a certified letter of notice to the last known address of the recorded owner of the interment right, or any known heir or beneficiary of the owner; provided that, if an address is not available, this subdivision (a)(2)(A) does not apply; and
(B) Publishing a description of the interment right specifying the exact location of the right within the cemetery on the cemetery company's website, if available, for a minimum of twelve (12) months; and
(3) An individual does not provide proof of ownership of the interment right within one (1) year from the first date of the publication required by subdivision (a)(2)(B).
(b) A cemetery may not reclaim any interment right if a memorial has been installed on the cemetery space.
(c) An individual who provides proof of ownership of an interment right that is deemed abandoned pursuant to this section that has been used or sold by the cemetery company is entitled to receive an interment right from the cemetery company's available inventory of equal value to the resale price of the abandoned interment right that reverted to the cemetery company or the original purchase price, whichever is greater, for up to twenty-five (25) years after the right was reclaimed by the cemetery company.
(d) A cemetery that reclaims an interment right under this section must keep a record of such reclamation and provide the record to the commissioner of commerce and insurance upon request.
(e) A cause of action does not arise from reclamation of an abandoned interment right if the interment right was reclaimed in accordance with this section.