§ 23-21-22 — Use of funds for perpetual or other care or improvement of cemetery of reinterment

North Dakota § 23-21-22

• Jurisdiction: North Dakota
• Title 23: Health and Safety
• Ch. 23-21: Disinterment and Removal of Bodies in Cemeteries

Text

reinterment.
Whenever any cemetery corporation, limited liability company, or association having a
governing body has caused the removal of remains from all or any portion of its cemetery and
has funds in its treasury which are not required for other purposes, it may set aside, invest, use,
and apply from such unexpended funds such sum as, in the judgment of the governing body, it
is necessary or expedient to provide for the perpetual or other care or improvement of any
cemetery in which the disinterred remains may be reinterred. In lieu of itself investing, using or
applying the funds for care or improvement, the cemetery corporation, limited liability company,
or association may transfer the funds to any other corporation under such conditions and
regulations as in the judgment of the governing body will ensure their application to the
purposes of care or improvement. Before any such transfer of funds is made, the cemetery
corporation, limited liability company, or association shall obtain an order authorizing the
transfer from the district court of the county where the cemetery or portion from which the
remains were removed is situated. The order must be obtained upon petition of the cemetery
corporation, limited liability company, or association, after such notice by publication as the court
may direct, and any member or former plot owner may support or oppose the granting of the
order by affidavit or otherwise. Before making the order, proof must be made to the satisfaction
of the court that notice has been given and that it is for the best interest of the cemetery
corporation, limited liability company, or association that the transfer be made.