Indiana § 23-14-78-4 Assuming maintenance responsibilities

Indiana Statutes

§ 23-14-78-4 — Assuming maintenance responsibilities

Indiana § 23-14-78-4

Title 23BUSINESS AND OTHER ASSOCIATIONS

Art. 14CEMETERY ASSOCIATIONS

Ch. 78Assumption of Care of Certain Cemeteries

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Bluebook

Ind. Code § 23-14-78-4 (2026).

Text

(a)A county or a township may agree to maintain a cemetery to which this chapter applies. If a county or a township agrees to maintain a cemetery to which this chapter applies, it shall maintain the cemetery as described in IC 23-14-68-3. A county or a township that assumes the maintenance responsibilities for a cemetery under this section may seek reimbursement from the property owner for the costs of maintaining the cemetery.

(b)Prior to a county or township assuming the maintenance responsibilities for a cemetery under this section, a property owner must do the following:

(1)Employ a professional surveyor to conduct a survey of the property on which the cemetery is located.

(2)Convey to the county or township, without consideration, an easement or fee simple title to the portion of

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(a) A county or a township may agree to
maintain a cemetery to which this chapter applies. If a county or a
township agrees to maintain a cemetery to which this chapter applies,
it shall maintain the cemetery as described in IC 23-14-68-3. A county
or a township that assumes the maintenance responsibilities for a
cemetery under this section may seek reimbursement from the property
owner for the costs of maintaining the cemetery.
(b) Prior to a county or township assuming the maintenance
responsibilities for a cemetery under this section, a property owner
must do the following:
(1) Employ a professional surveyor to conduct a survey of the
property on which the cemetery is located.
(2) Convey to the county or township, without consideration, an
easement or fee simple title to the portion of the property on
which the cemetery is located.
(3) If the portion of the property on which the cemetery is located
is not accessible by a public road, convey to the township or
county, without consideration, an easement for access to the
cemetery.
(c) A property owner who transfers the maintenance responsibilities
for a cemetery under this section may not file an application for the
property to receive the cemetery tax assessment rate under IC 6-1.1-6.8.
(d) A property owner must make a reasonable effort to maintain a
cemetery on the property owner's property. For purposes of this
subsection, a reasonable effort to maintain a cemetery means the
maintenance responsibilities described in IC 23-14-68-3. However, a
property owner is not required to construct a fence where there is not
one unless the township or the county provides the supplies, labor, and
other expenses for the construction.
(e) A property owner who fails to perform the maintenance
responsibilities required under subsection (d) commits a Class C
infraction if:
(1) the township or the county provides two (2) written notices to
the property owner, at the property owner's address of record,
stating that the property owner is not maintaining the cemetery as
required and may be subject to a Class C infraction; and
(2) the property owner fails to maintain the cemetery as required
by this chapter within thirty (30) days after the second notice
provided under subdivision (1).