(1) If there is a lot, grave space, niche, or crypt 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, a cemetery authority may initiate the process of reclaiming title to the lot, grave space, niche, or crypt in accordance with this section.
(2) A cemetery authority seeking to reclaim a lot, grave space, niche, or crypt shall:
Send written notice of the cemetery authority's intent to reclaim title to the lot, gravespace, niche, or crypt to the owner's last-known address by first-class mail; and
Publish a notice of the cemetery authority's intent to reclaim title to the lot, gravespace, niche, or crypt in a newspaper of general circulation in the area in which the cemetery is located once per week for four weeks.
The notice required by subsection (2) of this section shall clearly indicate that thecemetery authority intends to terminate the owner's rights and title to the lot, grave space, niche, or crypt and include a recitation of the owner's right to notify the cemetery authority of the owner's intent to retain ownership of the lot, grave space, niche, or crypt.
If the cemetery authority does not receive from the owner of the lot, grave space,niche, or crypt a letter of intent to retain ownership of the lot, grave space, niche, or crypt within sixty days after the last publication of the notice required by subsection (2)(b) of this section, all rights and title to the lot, grave space, niche, or crypt shall transfer to the cemetery authority. The cemetery authority may then sell, transfer, or otherwise dispose of the lot, grave space, niche, or crypt without risk of liability to the prior owner of the lot, grave space, niche, or crypt.
A cemetery authority that reclaims title to a lot, grave space, niche, or crypt in accordance with this section shall retain in its records for no less than one year a copy of the notice sent pursuant to subsection (2)(a) of this section and a copy of the notice published pursuant to subsection (2)(b) of this section.
If a person submits to a cemetery authority a legitimate claim to a lot, grave space,niche, or crypt that the cemetery authority has reclaimed pursuant to this section, the cemetery authority shall transfer to the person at no charge a lot, grave space, niche, or crypt that, to the extent possible, is equivalent to the reclaimed lot, grave space, niche, or crypt.
Notwithstanding any provision of law to the contrary, on and after August 7, 2006, acemetery authority shall not convey title to the real property surveyed as a lot in a cemetery for use as a burial space. A cemetery authority may grant interment rights to a lot, grave space, niche, or crypt in a cemetery.
Source: L. 2017: Entire article added with relocations, (HB 17-1244), ch. 239, p. 982, § 1, effective August 9.
Editor's note: This section is similar to former § 12-12-116 as it existed prior to 2017.