As used in this part 7, unless the context otherwise requires: “Burial space” means a lot or portion thereof in any cemetery designed and intended for the interment of a human body but not used for such purpose. “Cemetery” means any cemetery owned, managed, or controlled by any municipality in this state. “Owner” means any […]
The governing body of any municipality has power to establish and regulate cemeteries within or without the municipality, to acquire lands therefor, by purchase or otherwise, and to cause cemeteries to be removed and prohibit their establishment within one mile of the municipality. Source: L. 75: Entire title R&RE, p. 1211, § 1, effective July […]
When, pursuant to section 31-25-702, a municipality has established a cemetery, and the ordinance establishing the same requires the owners of burial spaces to pay annual assessments for or provide for the care and maintenance of such spaces, and the owner of any burial space has failed and neglected for a period of five years […]
On the day set for hearing of the petition or on any subsequent day to which the hearing of the cause is continued, the proofs and allegations of the parties shall be presented to the court. If the court determines that the owner has failed and neglected for a period of five years next prior […]
The docket fees, court costs, and other fees and costs charged and collected for the proceeding provided for by this part 7 shall be the same as the fees and costs that are provided for by law in actions concerning title to real property. Any municipality has the right to pay all costs, attorney’s fees, […]
Nothing in this part 7 shall authorize the forfeiture, termination, or foreclosure of rights or interests in and to any burial space that has been used for interment nor shall any such space be subject to resale under the provisions of this part 7. Source: L. 75: Entire title R&RE, p. 1212, § 1, effective […]
Any number of separate burial spaces or lots and any number of separate owners may be joined in one proceeding under this part 7. Source: L. 75: Entire title R&RE, p. 1212, § 1, effective July 1. Editor’s note: This section is similar to former § 31-12-606 as it existed prior to 1975.
If there is a burial space 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 governing body of the municipality may initiate the process of reclaiming title to the burial […]
