Indiana § 23-14-58.5-4 Failure to respond to notice; termination of owner's rights; remedies

Indiana Statutes

§ 23-14-58.5-4 — Failure to respond to notice; termination of owner's rights; remedies

Indiana § 23-14-58.5-4

Title 23BUSINESS AND OTHER ASSOCIATIONS

Art. 14CEMETERY ASSOCIATIONS

Ch. 58.5Disposition of Abandoned Burial Spaces

This text of Indiana § 23-14-58.5-4 (Failure to respond to notice; termination of owner's rights; remedies) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 23-14-58.5-4 (2026).

Text

(a)If the person or entity having jurisdiction over the cemetery has not received a response from the owner of the burial space within sixty (60) days after sending the notice required in section 2 of this chapter, the person or entity having jurisdiction over the cemetery shall advertise in a newspaper of general circulation in the county of the owner's last known address seeking the owner's current address.

(b)If a new address for the owner of the burial space is obtained after the advertising required in subsection (a), the notice requirement under section 2 of this chapter must be repeated.

(c)If the person or entity having jurisdiction over the cemetery has not received a response regarding the owner of the burial space within sixty (60) days after placing the advertisement require

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(a) If the person or entity having jurisdiction
over the cemetery has not received a response from the owner of the
burial space within sixty (60) days after sending the notice required in
section 2 of this chapter, the person or entity having jurisdiction over
the cemetery shall advertise in a newspaper of general circulation in the
county of the owner's last known address seeking the owner's current
address.
(b) If a new address for the owner of the burial space is obtained
after the advertising required in subsection (a), the notice requirement
under section 2 of this chapter must be repeated.
(c) If the person or entity having jurisdiction over the cemetery has
not received a response regarding the owner of the burial space within
sixty (60) days after placing the advertisement required in subsection
(a), the owner's rights and interests in the burial space are terminated.
After the rights and interests in a burial space are terminated under this
chapter, the person or entity having jurisdiction over the cemetery may
sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity
having jurisdiction over the cemetery after the owner's rights and
interests in the burial space are terminated under this chapter, the
owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery
has resold the burial space, reimbursement for the amount for
which the burial space was resold minus the following:
(A) The costs paid by the person or entity having jurisdiction
over the cemetery in providing notice and advertising as
required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.