Section 8 – Municipal and maintenance district cemeteries — Rights of lot holders — Compensation — Perpetual care charges.
8-5-8. Municipal and maintenance district cemeteries — Rights of lot holders — Compensation — Perpetual care charges. (1) The owner, grantee, or person claiming through the grantee shall have the right, on presentation of the certificate of title or right to burial to the municipality or cemetery maintenance district, for any lot or parcel which […]
Section 2 – Policies adopted and records kept.
Effective 5/13/2014 8-6-2. Policies adopted and records kept. A cemetery maintenance district, municipality, individual, or other person that controls a cemetery shall: (1) adopt policies and procedures for the regulation of its affairs and the conduct of its business, including policies and procedures for the following: (a) setting of prices and other charges for services; […]
Section 3 – Withdrawals from endowment fund.
8-4-3. Withdrawals from endowment fund. When the endowment care fund balance reaches $100,000, the cemetery authority may withdraw the initial deposit of $25,000 at the rate of $1,000 for each additional $3,000 added to the fund. Amended by Chapter 167, 2000 General Session
Section 4 – Insufficiency in endowment fund.
8-4-4. Insufficiency in endowment fund. (1) An endowment care cemetery that maintains a trust fund that is not funded at least in the amount required by this chapter or any state or federal law applicable to the fund at the time of underfunding shall immediately deposit additional money to the endowment care trust fund in […]
Section 1 – Unused or unkept lots — Notice procedures.
8-5-1. Unused or unkept lots — Notice procedures. (1) If a municipality or cemetery maintenance district owns a cemetery and has conveyed cemetery lots or parcels by deed with or without restrictions, and the grantee, or persons claiming through the grantee, for more than 60 years: (a) have not used portions of the lots or […]
Section 2 – Action in district court for title to lots.
8-5-2. Action in district court for title to lots. If either the grantee, or person claiming through the grantee, fails to comply with the demand or notice, the municipality or cemetery maintenance district may bring an action in the district court of the county in which the cemetery is located against all parties who have […]
Section 3 – Abandonment — Standards — Prima facie evidence.
8-5-3. Abandonment — Standards — Prima facie evidence. The fact that the grantee or holder of a lot or parcel in a cemetery has not used portions of the lots or parcels for the purpose of burial for more than 60 years shall be prima facie evidence that the grantee or holder had abandoned the […]
Section 4 – Copy of judgment to be filed with county recorder.
8-5-4. Copy of judgment to be filed with county recorder. A certified copy of the judgment in the action to revest title to cemetery lots, sites, or parcels shall be filed with the county recorder in the county in which the lots, sites, or parcels are located. Enacted by Chapter 132, 1985 General Session
Section 5 – Proceeds of resale of lots.
8-5-5. Proceeds of resale of lots. The proceeds from the subsequent resale of any lot or parcel, title to which has been revested in the municipality or cemetery maintenance district under Section 8-5-2 or 8-5-6, less the costs and expenses incurred in the proceeding, shall become part of the permanent care and improvement fund of […]
Section 6 – Alternative council or board procedures for notice — Termination of rights.
Effective 5/5/2021 8-5-6. Alternative council or board procedures for notice — Termination of rights. (1) As an alternative to the procedures set forth in Sections 8-5-1 through 8-5-4, a municipal council or cemetery maintenance district board may pass a resolution demanding that the owner of a lot, site, or portion of the cemetery, which has […]