§ 7-47-109. Abandoned Graves – Right to Reclaim

1. If there is a lot, grave space, niche, or crypt in a cemetery in which no remains have been interred, no burial memorial has been placed, and no other improvement has been made for a continuous period of no less than seventy-five years, the corporation that established or maintains the cemetery, referred to in this section as the “corporation”, may initiate the process of reclaiming title to the lot, grave space, niche, or crypt in accordance with this section.
2. A corporation seeking to reclaim a lot, grave space, niche, or crypt shall:
   1. Send written notice of the corporation’s intent to reclaim title to the lot, grave space, niche, or crypt to the owner’s last-known address by first-class mail; and
   2. Publish a notice of the corporation’s intent to reclaim title to the lot, grave space, niche, or crypt in a newspaper of general circulation in the area in which the cemetery is located once per week for four weeks.
3. The notice required by subsection (2) of this section shall clearly indicate that the corporation intends to terminate the owner’s rights and title to the lot, grave space, niche, or crypt and include a recitation of the owner’s right to notify the corporation of the owner’s intent to retain ownership of the lot, grave space, niche, or crypt.
4. If the corporation does not receive from the owner of the lot, grave space, niche, or crypt a letter of intent to retain ownership of the lot, grave space, niche, or crypt within sixty days after the last publication of the notice required by paragraph (b) of subsection (2) of this section, all rights and title to the lot, grave space, niche, or crypt shall transfer to the corporation. The corporation may then sell, transfer, or otherwise dispose of the lot, grave space, niche, or crypt without risk of liability to the prior owner of the lot, grave space, niche, or crypt.
5. A corporation that reclaims title to a lot, grave space, niche, or crypt in accordance with this section shall retain in its records for no less than one year a copy of the notice sent pursuant to paragraph (a) of subsection (2) of this section and a copy of the notice published pursuant to paragraph (b) of subsection (2) of this section.
6. If a person submits to a corporation a legitimate claim to a lot, grave space, niche, or crypt that the corporation has reclaimed pursuant to this section, the corporation shall transfer to the person at no charge a lot, grave space, niche, or crypt that, to the extent possible, is equivalent to the reclaimed lot, grave space, niche, or crypt.
7. Notwithstanding any provision of law to the contrary, on and after August 7, 2006, a corporation shall not convey title to the real property surveyed as a lot in a cemetery for use as a burial space. A corporation may grant interment rights to a lot, grave space, niche, or crypt in a cemetery.

Source: L. 2006: Entire section added, p. 441, § 1, effective August 7.