§ 23-14-48-10 — Formation of association for management, care, and supervision of cemetery

Indiana § 23-14-48-10

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 14: CEMETERY ASSOCIATIONS
• Ch. 48: Cemetery Perpetual Care Fund

Text

(a) This section applies to a corporation
that:
(1) is organized under Indiana law for the purpose of establishing
and maintaining a cemetery; or
(2) is organized for another purpose but has established and
maintains a cemetery.
(b) If:
(1) a corporation described in subsection (a) has not provided a
general perpetual care fund after having sold all of the lots in a
cemetery; and
(2) at least twenty-five (25) owners of lots in the cemetery or next
of kin of owners of lots in the cemetery:
(A) form an association for the purpose of taking over the
management, care, and general supervision of the cemetery;
and
(B) sign and submit to the corporation a petition seeking
authority for the management, care, and general supervision of
the cemetery;
the corporation shall turn over to the association the complete authority
for the management, care, and supervision of the cemetery.
(c) An association to which subsection (b) applies shall assume all
responsibility and liability for the proper care and management of the
cemetery, subject to the following:
(1) If a cemetery has been under the control of a certain religious
denomination, sect, or creed that has observed certain religious
customs or rules with reference to the burying of the dead in the
cemetery, the association shall observe those religious customs or
rules.
(2) The transfer of authority under this section does not affect the
reversion of the title to the lands occupied by the cemetery if the
land ever ceases to be used as a cemetery or burial place for the
dead.

Legislative History

As added by P.L.52-1997, SEC.22.