Iowa § 523I.315 Unpaid care assessments and unoccupied interment spaces

Iowa Statutes

§ 523I.315 — Unpaid care assessments and unoccupied interment spaces

Iowa § 523I.315

Title XIIICOMMERCE

Ch. 523IIOWA CEMETERY ACT

This text of Iowa § 523I.315 (Unpaid care assessments and unoccupied interment spaces) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Iowa Code § 523I.315 (2026).

Text

1.Foreclosure — unpaid assessments. Unpaid care assessments for an unoccupied interment space not under perpetual care shall create a lien by the cemetery against the applicable interment space. The cemetery may, following notice, foreclose on the interment space if the amount of the lien exceeds the amount paid for the interment space. If the lien is not paid within one year from the date that notice of foreclosure is served on the owner of record or the owner of record’s heirs, the ownership in or right to the unoccupied interment space shall revert to the cemetery that owns the cemetery in which the unoccupied interment space is located.

2.Abandonment — quiet title action. A cemetery may file an action to quiet title to determine whether an interment space has been abandoned if the in

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1. Foreclosure — unpaid assessments. Unpaid care assessments for an unoccupied
interment space not under perpetual care shall create a lien by the cemetery against the
applicable interment space. The cemetery may, following notice, foreclose on the interment
space if the amount of the lien exceeds the amount paid for the interment space. If the lien
is not paid within one year from the date that notice of foreclosure is served on the owner of
record or the owner of record’s heirs, the ownership in or right to the unoccupied interment
space shall revert to the cemetery that owns the cemetery in which the unoccupied interment
space is located.
2. Abandonment — quiet title action. A cemetery may file an action to quiet title
to determine whether an interment space has been abandoned if the interment space is
unoccupied and has not been occupied in the preceding seventy-five years. An action to quiet
title shall commence when the cemetery serves notice on the owner of record or the owner of
record’s heirs declaring that the interment space is considered to be abandoned. If the owner
19 IOWA CEMETERY ACT, §523I.316
of record or the owner of record’s heirs do not respond within three years from the date
that notice is served, the abandonment is considered to be complete. The ownership in or
right to an abandoned interment space shall revert to the cemetery in which the abandoned
interment space is located and the cemetery may sell and convey title to the interment space.
3. Service of notice. Notice under this section shall be served personally on the owner
of record or the owner of record’s heirs, or may be served by mailing notice by certified mail
to the owner of record or to the owner of record’s heirs at the last known address. If the
address of the owner of record or the owner of record’s heirs cannot be ascertained, notice
of abandonment shall be given by one publication of the notice in the official newspaper of
the county in which the cemetery is located.