Section 128.3 – “Community Foundation” and “Municipality” Defined.
128.3 “Community foundation” and “municipality” defined. Sec. 3. As used in this act: (a) “Community foundation” means an organization that meets all of the following requirements: (i) Has been in existence for at least 10 years. (ii) Has assets of at least $10,000,000.00. (iii) Qualifies for exemption from federal income taxation under 501(c)(3) of the […]
Section 128.4 – Irrevocable Endowment and Perpetual Care Fund; Establishment as Component Fund Within Community Foundation; Powers and Duties of Community Foundation; “Fund” Defined.
128.4 Irrevocable endowment and perpetual care fund; establishment as component fund within community foundation; powers and duties of community foundation; “fund” defined. Sec. 4. (1) Subject to this section, to lessen the burden of government, each municipality with a municipally owned cemetery may establish and maintain an irrevocable endowment and perpetual care fund as a […]
Section 128.11 – Definitions.
128.11 Definitions. Sec. 1. The term “cemetery” as used herein shall be deemed to refer to any public cemetery owned, managed or controlled by any city, village or township within this state. “Cemetery Board” as used herein shall be construed as referring to and including any board, trustees or public official or officials invested by […]
Section 128.12 – Failing or Neglecting to Care for and Maintain Burial Space; Proceedings for Termination and Forfeiture of Owner’s Rights and Interest; Resolution; Petition; Service; Publication of Hearing Notice; Failure to Appear and Answer; Default.
128.12 Failing or neglecting to care for and maintain burial space; proceedings for termination and forfeiture of owner’s rights and interest; resolution; petition; service; publication of hearing notice; failure to appear and answer; default. Sec. 2. If the owner of a burial space in a public cemetery, subject to the provisions of this act, fails […]
Section 128.13 – Burial Space; Proceedings for Termination of Rights; Forfeiture; City, Village or Township May Re-Sell; Copy of Order Served on Owner; Redemption.
128.13 Burial space; proceedings for termination of rights; forfeiture; city, village or township may re-sell; copy of order served on owner; redemption. Sec. 3. On the day noticed for the hearing of said petition or on any subsequent day to which the hearing of the cause is adjourned, the proofs and allegations of the parties […]
Section 128.14 – Duty of Board.
128.14 Duty of board. Sec. 4. It shall be the duty of the cemetery board to keep an accurate account of all expenses incurred by it under the provision of this act and shall charge such expenses against the burial spaces involved. If, at the expiration of 60 days from and after the entering of […]
Section 128.15 – Reconveyance; Perpetual Care Trust Fund.
128.15 Reconveyance; perpetual care trust fund. Sec. 5. At any time during the period of 2 years from and after the entering of the order of termination and forfeiture, the owner of any burial space or spaces shall be entitled to a reconveyance to him by the cemetery board on the payment of the costs […]
Section 128.16 – Rights Not Forfeited; Conditions.
128.16 Rights not forfeited; conditions. Sec. 6. Nothing in this act contained shall be construed to authorize the forfeiture or termination of rights or interest in and to any burial space that has been used for interment nor shall any such space be subject to resale under the provisions hereof. History: 1931, Act 46, Eff. […]
Section 128.31 – Removal of Private Cemetery; Complaint; Grounds; Proceedings to Vacate; Power of Circuit Court.
128.31 Removal of private cemetery; complaint; grounds; proceedings to vacate; power of circuit court. Sec. 1. When a complaint is made in writing to the board of trustees of a township in this state, by 10 or more residents of the township, setting forth the fact that a private cemetery within the bounds of the […]
Section 128.32 – Petition; Filing; Contents; Notice; Neglect or Refusal to Appoint Attorney or Agent; Proceeding by Freeholder Resident; Security for Costs.
128.32 Petition; filing; contents; notice; neglect or refusal to appoint attorney or agent; proceeding by freeholder resident; security for costs. Sec. 2. The petition shall be made by the board of trustees by an agent or attorney appointed by it for that purpose. The agent or attorney shall file a petition signed and sworn to […]