§ 6-24-112 — Abandoned graves - right to reclaim

Colorado § 6-24-112

• Jurisdiction: Colorado
• Title 06: Consumer
• Art.: Cemeteries

Text

(1) If there is a lot, grave
space, niche, or crypt in a cemetery in which no remains have been interred, no
burial memorial has been placed, and no other improvement has been made for a
continuous period of no less than seventy-five years, a cemetery authority may
initiate the process of reclaiming title to the lot, grave space, niche, or crypt in
accordance with this section.

(2) A cemetery authority seeking to reclaim a lot, grave space, niche, or crypt
shall:

(a) Send written notice of the cemetery authority's intent to reclaim title to
the lot, grave space, niche, or crypt to the owner's last-known address by first-class
mail; and

(b) Publish a notice of the cemetery authority's intent to reclaim title to the
lot, grave space, niche, or crypt in a newspaper of general circulation in the area in
which the cemetery is located once per week for four weeks.

(3) The notice required by subsection (2) of this section shall clearly indicate
that the cemetery authority intends to terminate the owner's rights and title to the
lot, grave space, niche, or crypt and include a recitation of the owner's right to
notify the cemetery authority of the owner's intent to retain ownership of the lot,
grave space, niche, or crypt.

(4) If the cemetery authority does not receive from the owner of the lot,
grave space, niche, or crypt a letter of intent to retain ownership of the lot, grave
space, niche, or crypt within sixty days after the last publication of the notice
required by subsection (2)(b) of this section, all rights and title to the lot, grave
space, niche, or crypt shall transfer to the cemetery authority. The cemetery
authority may then sell, transfer, or otherwise dispose of the lot, grave space, niche,
or crypt without risk of liability to the prior owner of the lot, grave space, niche, or
crypt.

(5) A cemetery authority that reclaims title to a lot, grave space, niche, or
crypt in accordance with this section shall retain in its records for no less than one
year a copy of the notice sent pursuant to subsection (2)(a) of this section and a
copy of the notice published pursuant to subsection (2)(b) of this section.

(6) If a person submits to a cemetery authority a legitimate claim to a lot,
grave space, niche, or crypt that the cemetery authority has reclaimed pursuant to
this section, the cemetery authority shall transfer to the person at no charge a lot,
grave space, niche, or crypt that, to the extent possible, is equivalent to the
reclaimed lot, grave space, niche, or crypt.

(7) Notwithstanding any provision of law to the contrary, on and after August
7, 2006, a cemetery authority shall not convey title to the real property surveyed as
a lot in a cemetery for use as a burial space. A cemetery authority may grant
interment rights to a lot, grave space, niche, or crypt in a cemetery.

Legislative History

Source: L. 2017: Entire article added with relocations, (HB 17-1244), ch. 239, p. 982, � 1, effective August 9.