§ 32-2194.20 – Right of cemetery to make rules and regulations
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
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
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
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, […]
§ 32-2194.08 – Administrative penalties
32-2194.08. Administrative penalties A. Any cemetery owner, operator, broker or salesman subject to the jurisdiction of the department who violates any provision of this chapter or any rule or order promulgated by the commissioner, who deviates substantially from the provisions under which a certificate of authority was issued or who engages in any unlawful practices […]
§ 32-2194.24 – Trust fund to be established before certificate of authority granted
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 – Exceptions
32-2194. Exceptions This chapter does not apply to any of the following: 1. Any religious corporation, church, religious society or denomination, a corporation sole administering temporalities of any church or religious society or denomination, or any cemetery organized, controlled and operated by any of them. 2. A private or municipal cemetery. 3. Any fraternal burial […]
§ 32-2194.01 – Notice to commissioner of intention to sell cemetery property; exceptions; restrictions
32-2194.01. Notice to commissioner of intention to sell cemetery property; exceptions; restrictions A. Before offering cemetery plots for sale, the owner or agent shall notify the commissioner in writing and the notice shall contain: 1. The name and address of the owner. If the holder of any ownership interest in the cemetery is other than […]
§ 32-2194.02 – Examination by commissioner; fee
32-2194.02. Examination by commissioner; fee Before cemetery plots are offered for sale the commissioner shall examine the cemetery and shall make public his findings. The total cost of travel and subsistence expenses incurred by the department in the examination, in addition to the initial filing fee provided for in this section, shall be borne by […]
§ 32-2194.03 – Issuance or denial of certificate of authority; voidable sale; order prohibiting sale; investigations by commissioner; public hearings; summary orders
32-2194.03. Issuance or denial of certificate of authority; voidable sale; order prohibiting sale; investigations by commissioner; public hearings; summary orders A. After examination of a cemetery application, the commissioner, unless there are grounds for denial, shall issue a certificate of authority authorizing the sale in this state of cemetery plots within the cemetery. The commissioner […]