§ 30-20-808 — Abandoned graves - right to reclaim

Colorado § 30-20-808

• Jurisdiction: Colorado
• Title 30: Government
• Art.: Public Improvements

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 district may
initiate the process of reclaiming title to the lot, grave space, niche, or crypt in
accordance with this section.

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

(a) Send written notice of the cemetery district'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 district'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 district 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 district of the owner's intent to retain ownership of the lot,
grave space, niche, or crypt.

(4) If the cemetery district 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
paragraph (b) of subsection (2) of this section, all rights and title to the lot, grave
space, niche, or crypt shall transfer to the cemetery district. The cemetery district
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 district 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 paragraph (a) of subsection (2) of this section
and a copy of the notice published pursuant to paragraph (b) of subsection (2) of
this section.

(6) If a person submits to a cemetery district a legitimate claim to a lot,
grave space, niche, or crypt that the cemetery district has reclaimed pursuant to
this section, the cemetery district 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 district shall not convey title to the real property surveyed as a
lot in a cemetery for use as a burial space. A cemetery district may grant interment
rights to a lot, grave space, niche, or crypt in a cemetery.

Legislative History

Source: L. 2006: Entire section added, p. 443, � 3, effective August 7.