60 ILCS 1/130-5
2021 Illinois Compiled Statutes|Chapter 60 - TOWNSHIPS|60 ILCS 1/ - Township Code.|Article 130 - Township Cemeteries

Sec. 130-5.     Cemeteries; permitted activities.(a) A township may establish and maintain cemeteries  within and without its territory, may acquire lands for  cemeteries by  condemnation or otherwise, may lay out lots of convenient size for  families, and may sell lots for a family burying ground  or to individuals  for burial purposes. Associations duly incorporated under  the  laws of this State for cemetery purposes shall have the same power and  authority to purchase lands and sell lots for burial purposes as are  conferred upon townships under this Article.(b) A township that has within its territory an  abandoned cemetery may enter the cemetery grounds and  cause the grounds to be cleared and made orderly. Provided,  in no event shall a township enter an abandoned cemetery  under this subsection if the owner of the property or the  legally responsible cemetery authority provides written  notification to the township, prior to the township's entry  (1) demonstrating the ownership or authority to control  or manage the cemetery and (2) declining the township authorization to  enter the property. In making a cemetery orderly under this  Section, the township may take necessary measures to  correct dangerous conditions that exist in regard to  markers, memorials, or other cemetery artifacts but may not  permanently remove those items from their location on the  cemetery grounds.   If an abandoned cemetery is dedicated as an Illinois nature  preserve under the Illinois Natural Areas Preservation Act,  any actions to cause the grounds to be cleared and kept  orderly shall be consistent with the rules and master plan  governing the dedicated nature preserve.(c) In this Section:"Abandoned cemetery" means an area of land containing  more than 6 places of interment for which, after diligent  search, no owner of the land or currently functioning  cemetery authority objects to entry sought pursuant to this Section, and (1) at  which no  interments have taken place in at least 3 years; or (2)  for which there has been inadequate maintenance for at  least 6 months."Diligent search" includes, but is not limited to,  publication of a notice in a newspaper of local  circulation not more than 45 but at least 30 days prior to  a township's entry and cleanup of cemetery grounds. The  notice shall provide (1) notice of the township's intended  entry and cleanup of the cemetery; (2) the name, if known,  and geographic location of the cemetery; (3) the right of  the cemetery authority or owner of the property to deny  entry to the township upon written notice to the township;  and (4) the date or dates of the intended cleanup."Inadequate maintenance" includes, but is not limited  to, the failure to cut the lawn throughout a cemetery to  prevent an overgrowth of grass and weeds; the failure to  trim shrubs to prevent excessive overgrowth; the failure to  trim trees so as to remove dead limbs; the failure to keep  in repair the drains, water lines, roads, buildings,  fences, and other structures of the cemetery premises; or  the failure to keep the cemetery premises free of trash and  debris.    (Source: P.A. 92-419, eff. 1-1-02.)