32-2194.20. Right of cemetery to make rules and regulations Any cemetery subject to the provisions of this article may make, adopt, amend, add to, revise, or modify and enforce rules and regulations for the use, care, control, restriction and protection of all or any part of its cemetery, provided these rules and regulations are not […]
32-2194.21. Survey of property; maps and plats Every cemetery, from time to time as its property may be required for interment purposes, in addition to the other requirements of the article, shall: 1. In case of land, survey and subdivide it into sections, blocks, plots, avenues, walks or other subdivisions, and make a good and […]
32-2194.22. Filing maps and declaration of dedication The cemetery, in addition to filing the map or plat in the office of the county recorder as required by subdivisions, shall also file for record in the county recorder’s office, a written declaration of dedication of the property delineated on the map or plat dedicating the property […]
32-2194.23. Nonapplication of law against perpetuities Dedication to cemetery purposes pursuant to this chapter is not invalid as violating any laws against perpetuities, but is expressly permitted and shall be deemed to be in respect for the dead, a provision for the interment of human remains, and a duty to, and for the benefit of, […]
32-2194.24. Trust fund to be established before certificate of authority granted No certificate of authority shall issue to a corporation or limited liability company organized for the purpose of maintaining and operating a cemetery unless the articles of incorporation or organization certify to the establishment of an irrevocable trust fund for maintenance and operation in […]
32-2194.25. Trust fund to be established before existing cemetery can advertise as endowed-care cemetery After the effective date of this article, no owner of a cemetery in existence at the effective date of this article, who previous to such date has not sold or contracted to sell lots in such cemetery with a provision for […]
32-2194.26. Initial deposit required in endowment-care fund No corporation hereafter organized for the operation of a perpetual or endowed-care cemetery nor any owner of a cemetery not previously operating as a perpetual or endowed-care cemetery shall advertise or sell plots in such cemetery under the representation that the cemetery or any individual plot therein is […]
32-2194.27. Restrictive use of income from endowed-care fund; obligation The irrevocable trust fund established pursuant to section 32-2194.26 shall be evidenced by an instrument in writing and shall contain the following provisions: 1. There shall be designated a trustee for the endowed-care fund that is a financial institution authorized to do business in this state […]
32-2194.28. Deposit in endowed-care fund from sales A. In addition to establishing a trust fund as required by this article, every perpetual or endowed-care cemetery shall deposit into its trust fund according to the following schedule for each sale within thirty days after the contract for the purchase of cemetery property is paid in full: […]
32-2194.29. Posting of signs by cemeteries Each cemetery shall post in a conspicuous place in the office or offices where sales are conducted and in a conspicuous place at or near the entrance of the cemetery or its administration building, and readily accessible to the public, a legible sign in lettering of a size and […]
32-2194.30. Restriction on use of endowed-care funds Endowed-care funds shall not be used for any purpose other than to provide for the care of burial spaces as prescribed in section 32-2194.27. In investing these funds, the trustee shall exercise the judgment and care of a prudent investor under the circumstances then prevailing, not in regard […]
32-2194.31. Crematories Crematories which are licensed as part of a cemetery under this chapter shall comply with the requirements of chapter 12, article 6 of this title and rules adopted pursuant to that article.
32-2194.32. Opening and closing of burial places If any grave, mausoleum, niche or other place used or intended to be used for the burial of human remains is located in a cemetery, only a person employed or designated by the cemetery may open or close the grave, mausoleum, niche or other place used or intended […]
32-2194.33. Cemetery property owners; address notification reclamation; abandoned cemetery plot A. For the purposes of this section, an owner of cemetery property in any cemetery licensed under this chapter shall keep the cemetery informed in writing of the owner’s current residence address. Before initiating a notice of abandonment, the cemetery shall notify each cemetery property […]
