HB 0408 (Truly Agreed) Authorizes conveyances of graves in public cemeteries back to the county or municipality
Current Bill Summary
- Prepared by Senate Research -

HB 408 - The act provides that abandoned public cemetery lots revest to the public cemetery. In order to qualify as abandoned, the title of the lot must be vested in the owner for at least fifty years.

The governing body of the cemetery must serve notice upon the lot owner if the lot owner is a resident of the county in which the cemetery is located. If the lot owner is not a resident of the county in which the cemetery is located, the governing body may have the notice published for two weeks in a newspaper of general circulation within the county.

If no one claims to be the lot owner within the time specified on the summons or published notice, the cemetery lot will be deemed abandoned and the governing body may bring an action in the appropriate circuit court to terminate the rights of the parties, in such court, and the abandoned cemetery lots revert to the governing body of the cemetery.

This act does not apply to any lot in any cemetery where a perpetual care contract has been entered into by the lot owner and the cemetery, county, city, town or village.

This act is similar to SB 618 (2001) and provisions contained in TAT CCS/SS/SCS/HCS/HB 567 (2001).
JULIA SOMMER GRUS

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