Title 8, Title 8: Cemeteries

8-3-3. Transcripts to be filed for record. (1) No later than January 1 and July 1 of each year, the executive officer of an organization in control of a cemetery, including a municipality or cemetery maintenance district, or an individual owner in control of a cemetery with buria…

8-4-1. Entities subject to chapter -- Definitions. (1) An endowment care cemetery in this state, except those owned and operated by churches, religious or established fraternal societies, or incorporated cities, towns, or other political subdivisions of the state, shall comply wi…

8-4-2. Endowment care cemetery trust funds -- Deposits in endowment fund -- Reports -- Penalties for failure to file -- Investment of trust fund money -- Attestation. (1) An endowment care cemetery shall establish an endowment care trust fund in accordance with Title 75B, Chapter…

8-4-3. Withdrawals from endowment fund. When the endowment care fund balance reaches $100,000, the cemetery authority may withdraw the initial deposit of $25,000 at the rate of $1,000 for each additional $3,000 added to the fund.

8-4-4. Insufficiency in endowment fund. (1) An endowment care cemetery that maintains a trust fund that is not funded at least in the amount required by this chapter or any state or federal law applicable to the fund at the time of underfunding shall immediately deposit additiona…

8-5-1. Unused or unkept lots -- Notice procedures. (1) If a municipality or cemetery maintenance district owns a cemetery and has conveyed cemetery lots or parcels by deed with or without restrictions, and the grantee, or persons claiming through the grantee, for more than 60 yea…

8-5-2. Action in court for title to lots. (1) If the grantee, or person claiming through the grantee, fails to comply with the demand or notice, the municipality or cemetery maintenance district may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judic…

8-5-3. Abandonment -- Standards -- Prima facie evidence. The fact that the grantee or holder of a lot or parcel in a cemetery has not used portions of the lots or parcels for the purpose of burial for more than 60 years shall be prima facie evidence that the grantee or holder had…

8-5-4. Copy of judgment to be filed with county recorder. A certified copy of the judgment in the action to revest title to cemetery lots, sites, or parcels shall be filed with the county recorder in the county in which the lots, sites, or parcels are located.

8-5-5. Proceeds of resale of lots. The proceeds from the subsequent resale of any lot or parcel, title to which has been revested in the municipality or cemetery maintenance district under Sectionor, less the costs and expenses incurred in the proceeding, shall become part of the…

8-5-6. Alternative council or board procedures for notice -- Termination of rights -- Notice. (1) As an alternative to the procedures set forth in Sectionsthrough, a municipal council or cemetery maintenance district board may pass a resolution demanding that the owner of a lot, …

8-5-7. Sale of only right to be buried. Municipalities and cemetery maintenance districts shall sell only the right to be buried in the cemetery and all cemetery lots or parcels sold by a municipality after April 29, 1985, or by a cemetery maintenance district after June 1, 2001 …

8-5-8. Municipal and maintenance district cemeteries -- Rights of lot holders -- Compensation -- Perpetual care charges. (1) The owner, grantee, or person claiming through the grantee shall have the right, on presentation of the certificate of title or right to burial to the muni…

8-6-1. Title. This chapter is known as "Policies and Records."

8-6-2. Policies adopted and records kept. A cemetery maintenance district, municipality, individual, or other person that controls a cemetery shall: (1) adopt policies and procedures for the regulation of its affairs and the conduct of its business, including policies and procedu…