reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 34. Mandatory Recording of Survey and Plat › 23-14-34-4. Issuance of Certificate of Burial Rights

Sec. 4. The owner of a cemetery shall issue a certificate of burial rights to each purchaser of a burial right in the cemetery. Each certificate of burial rights issued under this section must be properly signed and acknowledged before a notary public.
As added by P.L.52-1997, SEC.8. Amended by P.L.113-2022, SEC.4.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 34. Mandatory Recording of Survey and Plat › 23-14-34-5. Requirements for Recorded Surveys and Plats

Sec. 5. A survey and plat recorded under this chapter must:
(1) show all lots, walks, and drives in the cemetery, all with descriptive names and numbers; and
(2) include a proper instrument in writing, duly executed and acknowledged by the owner, dedicating the property to cemetery purposes.
As added by P.L.52-1997, SEC.8.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 34. Mandatory Recording of Survey and Plat › 23-14-34-6. Use of Property After Recording

Sec. 6. Except as provided in section 7 of this chapter, the property described in a survey and plat recorded under this chapter shall be held, occupied, and used exclusively for cemetery purposes after the recording of the survey and plat.
As added by P.L.52-1997, SEC.8.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 34. Mandatory Recording of Survey and Plat › 23-14-34-7. Vacation or Alteration of Recorded Plat

Sec. 7. (a) Subject to subsection (b), the owner of property described in a survey and plat recorded under this chapter by an instrument properly executed, acknowledged, and recorded may vacate the recorded plat and make and file a new or altered plat and survey of:
(1) the property described in a survey and plat; or
(2) a part of the property described in the survey and plat.
(b) The vacation or alteration of a recorded plat under subsection (a) is not valid if it affects burial rights previously granted in the property described in the plat, unless each owner of affected burial rights has consented to the vacation or alteration.
As added by P.L.52-1997, SEC.8.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 34. Mandatory Recording of Survey and Plat › 23-14-34-8. Defective or Incomplete Surveys or Plats

Sec. 8. If:
(1) the owner of a cemetery has recorded an accurate survey and plat of a part of its property in which it has:
(A) granted or sold burial rights for at least thirty (30) years; and
(B) actually managed and controlled the land as a cemetery for at least thirty (30) years; but
(2) the survey or plat is defective and incomplete because of a failure to comply with the formalities required by law in force at the time of the recording;
the recorded survey and plat are considered to comply fully with the law as of July 1, 1997.
As added by P.L.52-1997, SEC.8.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 34. Mandatory Recording of Survey and Plat › 23-14-34-9. Violation of Chapter; Class B Misdemeanor

Sec. 9. A person who knowingly violates:
(1) section 1;
(2) section 3; or
(3) section 4;
of this chapter commits a Class B misdemeanor.
As added by P.L.52-1997, SEC.8.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 35. Requirements Applying to Cemetery Plats › 23-14-35-1. Lost or Destroyed Plats

Sec. 1. If:
(1) the original plat of a cemetery; or
(2) the plat of an addition to a cemetery;
has been lost or destroyed, the cemetery owner required to record the plat shall have a new plat made by a competent engineer to correspond in every way to the original plat.
As added by P.L.52-1997, SEC.9.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 35. Requirements Applying to Cemetery Plats › 23-14-35-2. Replacement Plats

Sec. 2. A replacement plat made under section 1 of this chapter must designate:
(1) the exact location, length, and width of all vehicle drives, paths, walks, sections and lots; and
(2) the number of each lot in the cemetery.
As added by P.L.52-1997, SEC.9.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 36. Commencement of the Sale of Burial Rights › 23-14-36-1. Sale or Grant of Burial Rights

Sec. 1. After recording the plat under IC 23-14-34-1, the owner of the cemetery may sell and grant burial rights in the cemetery.
As added by P.L.52-1997, SEC.10.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 36. Commencement of the Sale of Burial Rights › 23-14-36-2. Requirements for Transfer or Assignment of Burial Rights

Sec. 2. Burial rights sold or granted under section 1 of this chapter shall not be transferred or assigned without the written consent of the owner of the cemetery.
As added by P.L.52-1997, SEC.10.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 36. Commencement of the Sale of Burial Rights › 23-14-36-3. Violation of Chapter; Class B Misdemeanor

Sec. 3. A person who knowingly violates this chapter commits a Class B misdemeanor.
As added by P.L.52-1997, SEC.10.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 37. Unlawful Inducements in the Sale of Burial Rights › 23-14-37-1. Unlawful Inducements for Purchase of Burial Rights

Sec. 1. Except as provided in section 2 of this chapter, it is unlawful for a person, as inducement for the purchase of burial rights in a cemetery, to directly or indirectly do the following:
(1) Offer, promise, or agree to resell or repurchase the burial rights.
(2) Pay or offer to pay any sum of money as interest or as a premium for the privilege of reselling or repurchasing the burial rights.
As added by P.L.52-1997, SEC.11.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 37. Unlawful Inducements in the Sale of Burial Rights › 23-14-37-2. Repurchase of Burial Rights Under Lot Exchange Plan

Sec. 2. A cemetery owner may offer or agree to repurchase burial rights under a lot exchange plan that:
(1) is entered into with other cemetery owners or through an association of cemetery owners; and
(2) provides for the repurchase of burial rights in case the purchaser should change legal residence to another community and purchases burial rights in a cemetery located in the community of the purchaser's new place of residence.
As added by P.L.52-1997, SEC.11.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 37. Unlawful Inducements in the Sale of Burial Rights › 23-14-37-3. Violation of Chapter; Class B Misdemeanor

Sec. 3. A person who knowingly violates this chapter commits a Class B misdemeanor.
As added by P.L.52-1997, SEC.11.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 38. Construction of Mausoleums and Vaults › 23-14-38-1. Construction of Crypts; Ventilation

Sec. 1. (a) A crypt placed in a mausoleum, vault, or other structure shall be so constructed that all parts of it may be readily examined by the Indiana department of health or any other health officer.
(b) All ventilation from a crypt constructed after March 15, 1945, may be released at a height of the lowest roof level.
As added by P.L.52-1997, SEC.12. Amended by P.L.56-2023, SEC.209.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 38. Construction of Mausoleums and Vaults › 23-14-38-2. Removal and Reinterment of Bodies From Burial Structure Declared to Be Public Nuisance; Removal of Mausoleum or Vault; Costs

Sec. 2. (a) This section applies if:
(1) a person fails to maintain a mausoleum, garden crypt, vault, or other burial structure in a good state of repair; and
(2) by reason of the failure referred to in subdivision (1), a court of competent jurisdiction declares the mausoleum, garden crypt, vault, or other burial structure to be a public nuisance.
(b) The deceased body or bodies interred in the mausoleum, garden crypt, vault, or other burial structure shall be removed and properly interred:
(1) within thirty (30) days after the judgment declaring the mausoleum, garden crypt, vault, or other burial structure to be a nuisance, if the judgment is not appealed; or
(2) if the judgment is appealed, within thirty (30) days after the judgment is upheld on appeal.
(c) The mausoleum, garden crypt, vault, or other burial structure shall be removed:
(1) within one hundred eighty (180) days after the judgment declaring the mausoleum, garden crypt, vault, or other burial structure to be a nuisance, if the judgment is not appealed; or
(2) if the judgment is appealed, within one hundred eighty (180) days after the judgment is upheld on appeal.
(d) The cost of reinterring the bodies under subsection (b) and removing the mausoleum, garden crypt, vault, or other burial structure under subsection (c) shall be paid:
(1) by the person who owns the mausoleum, garden crypt, vault, or other burial structure; or
(2) if the person who owns the mausoleum, garden crypt, vault, or other burial structure is not found, by the county in which the mausoleum, garden crypt, vault, or structure is located.
As added by P.L.52-1997, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 38. Construction of Mausoleums and Vaults › 23-14-38-3. Violation of Chapter; Class B Misdemeanor

Sec. 3. A person who recklessly fails to comply with this chapter commits a Class B misdemeanor.
As added by P.L.52-1997, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 39. Burial Rights in Multispace Plots › 23-14-39-1. Application of Chapter

Sec. 1. This chapter applies to:
(1) all burial rights in cemeteries organized or created after June 14, 1939; and
(2) cemeteries that:
(A) were in existence on June 14, 1939; and
(B) do not have a rule or regulation in conflict with this chapter.
As added by P.L.52-1997, SEC.13.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 39. Burial Rights in Multispace Plots › 23-14-39-2. Individual Property Rights

Sec. 2. Except as provided in section 3 of this chapter, the burial rights in a lot, plot, burial space, crypt, or niche granted to an individual are the sole and separate property of the individual named as grantee in the instrument of grant.
As added by P.L.52-1997, SEC.13.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 39. Burial Rights in Multispace Plots › 23-14-39-3. Vested Rights of Spouse of Grantee; Effect of Dissolution of Marriage

Sec. 3. (a) If the grantee of a burial plot containing more than one (1) interment, entombment, or inurnment space is married at the time of the grant of the burial plot, the spouse of the grantee has a vested right of interment, entombment, or inurnment of the spouse's remains in the burial plot, unless the terms of the grant are inconsistent with burial rights of the grantee's spouse.
(b) If:
(1) a burial plot containing more than one (1) interment, entombment, or inurnment space is granted; and
(2) the grantee becomes married after the grant of the burial plot;
the grantee's spouse has a vested right of interment, entombment, or inurnment in the plot if more than one (1) interment, entombment, or inurnment space in the plot remains unoccupied when the individual becomes the spouse of the grantee.
(c) No transfer or other action of a grantee referred to in subsection (a) or (b) divests the grantee's spouse of the vested right of interment, entombment, or inurnment recognized in subsection (a) or (b) unless:
(1) the spouse joins in the transfer or other action; or
(2) the written consent of the spouse is endorsed on or attached to the transfer or other action.
(d) A final dissolution of marriage decree between a grantee referred to in subsection (a) or (b) and the grantee's spouse terminates the spouse's vested right of interment, entombment, or inurnment recognized in subsection (a) or (b) unless the dissolution of marriage decree provides otherwise.
As added by P.L.52-1997, SEC.13.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 40. Joint Burial Rights in Multispace Plots › 23-14-40-1. Application of Chapter

Sec. 1. This chapter applies to:
(1) all burial rights in cemeteries organized or created after June 14, 1939; and
(2) cemeteries that:
(A) were in existence on June 14, 1939; and
(B) do not have a rule or regulation in conflict with this chapter.
As added by P.L.52-1997, SEC.14.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 40. Joint Burial Rights in Multispace Plots › 23-14-40-2. Application of Chapter; Multispace Plots

Sec. 2. This chapter applies to burial rights in a burial plot containing more than one (1) interment, entombment, or inurnment space.
As added by P.L.52-1997, SEC.14.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 40. Joint Burial Rights in Multispace Plots › 23-14-40-3. Certain Burial Rights Owned With Right of Survivorship

Sec. 3. Any burial rights that are held in joint tenancy by two (2) or more persons who are not husband and wife are owned with the right of survivorship.
As added by P.L.52-1997, SEC.14.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 40. Joint Burial Rights in Multispace Plots › 23-14-40-4. Burial Rights Held in Joint Tenancy by Husband and Wife

Sec. 4. If the owners of burial rights held in joint tenancy are husband and wife, the title shall be recognized as a tenancy by the entirety, and the right of interment, entombment, or inurnment shall be vested and controlled equally by both while living, or, after the death of one (1) spouse, by the surviving spouse or the surviving spouse's successor in interest.
As added by P.L.52-1997, SEC.14.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 40. Joint Burial Rights in Multispace Plots › 23-14-40-5. Burial Rights of Joint Tenants

Sec. 5. In a grant of burial rights to two (2) or more persons as joint tenants, each joint tenant has a vested right of interment, entombment, or inurnment of the joint tenant's remains in the burial plot. Upon the death of a joint tenant, the title to the burial rights previously held in joint tenancy immediately vests in the survivor or survivors, subject to the vested right of interment, entombment, inurnment for the remains of the deceased joint tenant owner.
As added by P.L.52-1997, SEC.14.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 40. Joint Burial Rights in Multispace Plots › 23-14-40-6. Rights of Surviving Joint Tenant

Sec. 6. If an affidavit by a competent person that:
(1) sets forth the fact of the death of one (1) joint tenant; and
(2) establishes the identity of the surviving joint tenant, who is named in the certificate of burial rights for a cemetery plot;
is filed with the cemetery in which the plot is located, the affidavit is complete authority to the cemetery to permit the use of the unoccupied portion of the plot in accordance with the direction of the surviving joint tenant or the successor in interest of the surviving joint tenant.
As added by P.L.52-1997, SEC.14. Amended by P.L.113-2022, SEC.5.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 40. Joint Burial Rights in Multispace Plots › 23-14-40-7. Waiver or Termination of Burial Rights

Sec. 7. If an individual has a vested right of interment, entombment, or inurnment of the remains of the individual in a particular plot under this chapter, the right:
(1) may be waived by the individual in a written instrument; or
(2) is terminated upon the interment, entombment, or inurnment of the remains of the individual in a location other than the plot.
As added by P.L.52-1997, SEC.14.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 40. Joint Burial Rights in Multispace Plots › 23-14-40-8. Restrictions on Burial Rights

Sec. 8. A vested right of interment, entombment, or inurnment under this chapter does not give any individual the right to:
(1) have the individual's remains interred, entombed, or inurned in any interment, entombment, or inurnment space in which the remains of a deceased individual having a prior vested right of interment, entombment, or inurnment have been deposited; or
(2) have the remains of more than one (1) deceased individual interred, entombed, or inurned in a single interment or entombment space or niche in violation of the rules and regulations of the cemetery in which the interment or entombment space or inurnment niche is located.
As added by P.L.52-1997, SEC.14.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 41. Family Burial Lots › 23-14-41-1. Application of Chapter

Sec. 1. This chapter applies to all burial rights in:
(1) cemeteries organized or created after June 14, 1939; and
(2) cemeteries that:
(A) were in existence on June 14, 1939; and
(B) do not have a rule or regulation in conflict with this chapter.
As added by P.L.52-1997, SEC.15.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 41. Family Burial Lots › 23-14-41-2. "Burial Plot" Defined

Sec. 2. As used in this chapter, "burial plot" means the unit of space, consisting of one (1) or more:
(1) grave spaces;
(2) mausoleum crypts;
(3) garden crypts; or
(4) niches;
originally conveyed by the cemetery and remaining after any transfers made by the record owner during the record owner's life.
As added by P.L.52-1997, SEC.15.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 41. Family Burial Lots › 23-14-41-3. Holding of Family Burial Plot

Sec. 3. Upon the death of the record owner of the burial rights in a burial plot, the burial plot shall be held as the family burial plot of the deceased owner, if:
(1) the remains of the record owner have been interred, entombed, inurned, or disposed of;
(2) the record owner did not dispose of the burial rights by a specific devise in the owner's last will and testament or by a written designation or transfer of ownership recorded with the cemetery under IC 23-14-42; and
(3) there is at least one (1) interment, entombment, or inurnment in the burial plot.
As added by P.L.52-1997, SEC.15.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 41. Family Burial Lots › 23-14-41-4. Use of Family Burial Plot

Sec. 4. (a) In a family burial plot:
(1) one (1) grave, crypt, or niche may be used for the record owner's interment, entombment, or inurnment;
(2) after the record owner's interment, entombment, or inurnment, one (1) grave, crypt, or niche may be used for the surviving spouse of the record owner; and
(3) in the spaces remaining, if any, the parents and children of the deceased record owner, in order of need, may be interred, entombed, or inurned without the consent of any person claiming an interest in the family burial plot.
(b) If there is no parent or child who survives the deceased record owner, the right of interment, entombment, or inurnment in a family burial plot shall go in order of need to:
(1) the heirs at law of the deceased record owner, or the spouse of the heir if the heir is already interred, entombed, or inurned, as specified by the statutes of descent; or
(2) the spouse of any heir at law of the deceased record owner.
As added by P.L.52-1997, SEC.15. Amended by P.L.113-2007, SEC.1.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 41. Family Burial Lots › 23-14-41-5. Waiver of Burial Rights

Sec. 5. (a) A:
(1) surviving spouse; or
(2) parent, child, or heir;
of the deceased record owner of a family burial plot who has a right of interment, entombment, or inurnment in the plot may waive that right in favor of another relative or spouse of the deceased record owner through a written instrument that is recorded with the cemetery.
(b) After a written waiver is recorded under subsection (a), the body of the individual in whose favor the waiver is made may be interred, entombed, or inurned in the family burial plot.
As added by P.L.52-1997, SEC.15.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 41. Family Burial Lots › 23-14-41-6. Affidavit Permitting Use of Family Burial Plot

Sec. 6. An affidavit that sets forth:
(1) the fact of the death of the record owner of the burial rights in a family burial plot; and
(2) the name of the individual or individuals who are entitled to use the family burial plot in accordance with this chapter;
is complete authority to the cemetery to permit the use of the unoccupied portions of the family burial plot by the individual or individuals who are shown by the affidavit to be entitled to use the family burial plot.
As added by P.L.52-1997, SEC.15.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 41. Family Burial Lots › 23-14-41-7. Termination and Transfer of Family Burial Plot

Sec. 7. If a family burial plot has been established under section 3 of this chapter and all the living children and parents of the deceased record owner consent in writing, the status as a family burial plot may be terminated and the remaining lots may be transferred, conveyed, or sold to the cemetery owner or any other person designated in the agreement.
As added by P.L.113-2007, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 42. Burial Rights by Designation, Bequest, or Descent, and Rights of Co-Owners › 23-14-42-1. "Burial Plot" Defined

Sec. 1. As used in this chapter, "burial plot" means the unit of space consisting of one (1) or more:
(1) grave spaces;
(2) mausoleum crypts;
(3) garden crypts; or
(4) niches;
that was originally conveyed by the cemetery and remaining after any transfers made by the record owner during the record owner's life.
As added by P.L.52-1997, SEC.16.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 42. Burial Rights by Designation, Bequest, or Descent, and Rights of Co-Owners › 23-14-42-2. Designation of Remains Permitted to Be Interred

Sec. 2. The owner of the burial rights in any burial plot has the right by a proper instrument recorded with the cemetery to designate specifically whose remains only shall be interred, entombed, or inurned in the burial plot after the owner's death.
As added by P.L.52-1997, SEC.16.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 42. Burial Rights by Designation, Bequest, or Descent, and Rights of Co-Owners › 23-14-42-3. Transfer of Burial Rights

Sec. 3. The owner of the burial rights in any burial plot may, during the life of the owner, transfer all rights and interest in the burial plot to any other person through sale or another method. However, a transfer under this section:
(1) must be recorded with the cemetery to be valid; and
(2) is subject to the rules and regulations of the cemetery owner.
As added by P.L.52-1997, SEC.16.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 42. Burial Rights by Designation, Bequest, or Descent, and Rights of Co-Owners › 23-14-42-4. Burial Rights Passing as Part of Estate

Sec. 4. Upon the death of the record owner of the burial rights in a burial plot, the burial rights pass as part of the estate of the owner if:
(1) the record owner did not dispose of the burial rights by:
(A) a specific devise in the last will and testament of the record owner; or
(B) a written designation or transfer of ownership recorded with the cemetery under section 2 or 3 of this chapter;
(2) the burial rights have not become vested in another individual under IC 23-14-39 or IC 23-14-40;
(3) the burial plot does not become a family burial plot under IC 23-14-41 before the instrument referred to in subdivision (4) is recorded with the cemetery; and
(4) an instrument that:
(A) is prepared in accordance with IC 29-1; and
(B) documents the person or persons entitled to become the new record owner or owners of the burial plot and to receive the burial rights as part of the deceased record owner's estate;
is recorded with the cemetery.
As added by P.L.52-1997, SEC.16.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 42. Burial Rights by Designation, Bequest, or Descent, and Rights of Co-Owners › 23-14-42-5. Liability of Cemetery Acting Upon Request of Registered Co-Owner of Burial Rights

Sec. 5. (a) If there are several owners of burial rights in a burial plot, the owners may:
(1) designate in writing one (1) or more persons to represent them; and
(2) file the written designation with the owner of the cemetery in which the plot is located.
(b) In the absence of:
(1) the filing of a written designation of one (1) or more representatives under subsection (a); or
(2) a written objection to the interment, entombment, or inurnment;
a cemetery is not liable to any owner of burial rights in a burial plot for interring, entombing, or inurning, or permitting an interment, entombment, or inurnment in the burial plot upon the request or direction of a registered co-owner of the burial rights.
As added by P.L.52-1997, SEC.16.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 42.5. Burial With Law Enforcement Animals or Service Animals › 23-14-42.5-1. "Animal"

Sec. 1. As used in this chapter, "animal" refers to a:
(1) law enforcement animal; or
(2) military animal.
As added by P.L.176-2016, SEC.1. Amended by P.L.106-2017, SEC.1.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 42.5. Burial With Law Enforcement Animals or Service Animals › 23-14-42.5-2. "Burial Plot"

Sec. 2. As used in this chapter, "burial plot" means an individual grave space that is used or intended to be used for the interment of the remains of a deceased individual.
As added by P.L.176-2016, SEC.1.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 42.5. Burial With Law Enforcement Animals or Service Animals › 23-14-42.5-3. "Deceased Animal"

Sec. 3. As used in this chapter, "deceased animal" means a deceased animal:
(1) that was owned by or assigned to assist the deceased owner during the deceased owner's lifetime;
(2) whose death occurs before, after, or simultaneously with the death of the deceased owner; and
(3) the remains of which have been cremated and placed in a temporary container or an urn.
As added by P.L.176-2016, SEC.1.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 42.5. Burial With Law Enforcement Animals or Service Animals › 23-14-42.5-4. "Deceased Owner"

Sec. 4. As used in this chapter, "deceased owner" refers to the deceased record owner of burial rights in a burial plot.
As added by P.L.176-2016, SEC.1.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 42.5. Burial With Law Enforcement Animals or Service Animals › 23-14-42.5-5. "Law Enforcement Animal"

Sec. 5. (a) As used in this chapter, "law enforcement animal" means a dog that is owned or used by a law enforcement agency for the principal purposes of:
(1) aiding in:
(A) the detection of criminal activity;
(B) the enforcement of laws; and
(C) the apprehension of offenders; and
(2) ensuring the public welfare.
(b) The term includes the following:
(1) An arson investigation dog.
(2) A bomb detection dog.
(3) A narcotic detection dog.
(4) A patrol dog.
As added by P.L.176-2016, SEC.1.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 42.5. Burial With Law Enforcement Animals or Service Animals › 23-14-42.5-6. "Military Animal"

Sec. 6. As used in this chapter, "military animal" refers to a military working dog described in 10 U.S.C. 2583.
As added by P.L.176-2016, SEC.1. Amended by P.L.106-2017, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 42.5. Burial With Law Enforcement Animals or Service Animals › 23-14-42.5-7. Scattering, Placing, Interring Cremated Animal Remains on a Burial Plot

Sec. 7. (a) Subject to subsection (b), the cremated remains of a deceased animal of a deceased owner may be:
(1) removed from the temporary container or urn described in section 3(3) of this chapter and scattered or placed on top of the deceased owner's burial plot; or
(2) interred on top of the deceased owner's burial plot as long as the interment of the deceased animal's cremated remains does not:
(A) encroach upon or interfere with a neighboring burial plot of which the deceased owner is not the record owner;
(B) involve the disinterment of:
(i) the deceased owner's remains; or
(ii) the remains of a deceased individual other than the deceased owner; or
(C) involve the digging or penetration of earth at a depth that exceeds one (1) foot.
The cremated remains of a deceased animal of a deceased owner may be scattered, placed, or interred in a manner described in this subsection before, after, or in conjunction with the interment of the remains of the deceased owner.
(b) The cremated remains of a deceased animal of a deceased owner may be scattered, placed, or interred in a manner described in subsection (a) only if the following apply:
(1) The person or entity owning the deceased animal at the time of the deceased animal's death:
(A) consents in writing to the scattering, placement, or interment of the cremated remains of the deceased animal in a manner described in subsection (a); and
(B) before the scattering, placement, or interment of the cremated remains of the deceased animal is to take place, provides the written consent described in clause (A) to the owner of the cemetery in which the deceased owner's burial plot is located;
if the deceased owner is not the owner of the deceased animal at the time of the deceased animal's death.
(2) The deceased owner provides for or directs the scattering, placement, or interment of the cremated remains of the deceased animal in a manner described in subsection (a):
(A) in the deceased owner's last will and testament;
(B) in a written designation provided to a cemetery under IC 23-14-42-2; or
(C) in a funeral planning declaration executed under IC 29-2-19.
(3) If subdivision (2) does not apply, a person who has the right under IC 23-14-31-26, IC 23-14-55-2, IC 25-15-9-18, IC 29-2-19-17, or any other applicable statute to:
(A) control the disposition of the deceased owner's remains;
(B) make arrangements for the funeral services of the deceased owner; or
(C) make other ceremonial arrangements after the deceased owner's death;
provides for or directs the scattering, placement, or interment of the cremated remains of the deceased animal in a manner described in subsection (a).
As added by P.L.176-2016, SEC.1. Amended by P.L.85-2017, SEC.91.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 43. Assessments to Improve Cemetery Roads › 23-14-43-1. Improvements to Approaches or Roads

Sec. 1. The officers, owners, or directors in charge of a public or private cemetery that is organized and incorporated under Indiana law may use any funds arising from:
(1) the sale of; or
(2) assessments upon;
lots in the cemetery to improve the approaches or roads to the cemetery.
As added by P.L.52-1997, SEC.17.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 43. Assessments to Improve Cemetery Roads › 23-14-43-2. Restrictions on Improvements

Sec. 2. The part of an approach or road that is improved under section 1 of this chapter may not exceed a distance of one-half (1/2) mile from the cemetery.
As added by P.L.52-1997, SEC.17.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 44. Prohibition on Road and Utility Construction in Cemeteries › 23-14-44-1. Restrictions on Road or Utility Construction

Sec. 1. (a) This section applies to a cemetery from the time interment, entombment, or inurnment spaces in the cemetery are ready for immediate use and bona fide sales have been made.
(b) A railroad, street, road, alley, pipeline, pole line, or other public thoroughfare or utility shall not be laid out through, over, or across any part of the cemetery within one hundred (100) feet of:
(1) a space in which burial rights have been transferred;
(2) a mausoleum in the cemetery;
(3) a garden crypt in the cemetery; or
(4) a columbarium in a cemetery;
without the consent of the owner of the cemetery.
As added by P.L.52-1997, SEC.18.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 44. Prohibition on Road and Utility Construction in Cemeteries › 23-14-44-2. Injunctions

Sec. 2. Upon the complaint of any person, a permanent injunction shall be issued to prevent any other person from locating or constructing a railroad, street, road, alley, pipeline, pole line, or other public thoroughfare or utility on any ground that is:
(1) held, used, or occupied as a cemetery; or
(2) held for cemetery purposes.
As added by P.L.52-1997, SEC.18.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 44. Prohibition on Road and Utility Construction in Cemeteries › 23-14-44-3. Violation of Chapter; Class B Misdemeanor

Sec. 3. A person who knowingly violates this chapter commits a Class B misdemeanor.
As added by P.L.52-1997, SEC.18.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 45. Construction of Railroads on Cemetery Property Prohibited › 23-14-45-1. Construction of Railroad on Cemetery Property Prohibited

Sec. 1. A person shall not locate or construct a railroad on any real estate held, used, or occupied as a cemetery.
As added by P.L.52-1997, SEC.19.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 45. Construction of Railroads on Cemetery Property Prohibited › 23-14-45-2. Injunctions

Sec. 2. Upon the complaint of any person, another person shall be perpetually enjoined from locating or constructing a railroad on any ground that is:
(1) held, used, or occupied as a cemetery; or
(2) held for cemetery purposes.
As added by P.L.52-1997, SEC.19.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 46. Cemetery Rules and Regulations and Exclusive Rights › 23-14-46-1. Powers of Owner

Sec. 1. (a) Subject to subsection (b), the owner of a cemetery:
(1) may make, adopt, and enforce rules and regulations:
(A) for the use, care, control, management, restriction, and protection of all parts and subdivisions of the cemetery;
(B) for restricting, limiting, and regulating the use of all property within the cemetery;
(C) for regulating the care of plants or shrubs within the grounds and preventing the introduction of certain types of plants or shrubs;
(D) for regulating the conduct of persons and preventing improper assemblages in the cemetery; and
(E) for all other purposes considered necessary by the owner of the cemetery for the proper conduct of the business of the cemetery and the protection and safeguarding of the premises and the principles, plans, and ideals on which the cemetery was organized; and
(2) may periodically amend, add to, revise, change, modify, or abolish the rules and regulations.
(b) A cemetery to which this chapter applies may not adopt a rule or regulation in conflict with IC 23-14-33 through IC 23-14-57, except as expressly permitted by IC 23-14-39, IC 23-14-40, or IC 23-14-41.
As added by P.L.52-1997, SEC.20.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 46. Cemetery Rules and Regulations and Exclusive Rights › 23-14-46-2. Penalties for Rule Violation

Sec. 2. The owner of a cemetery may:
(1) prescribe penalties for the violation of a rule or regulation adopted under section 1 of this chapter; and
(2) recover penalties prescribed under subdivision (1) in a civil action.
As added by P.L.52-1997, SEC.20.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 46. Cemetery Rules and Regulations and Exclusive Rights › 23-14-46-3. Requirements

Sec. 3. Rules and regulations adopted by a cemetery under section 1 of this chapter shall be:
(1) plainly printed or typewritten; and
(2) kept available for inspection and copying at the usual place for transacting the regular business of the cemetery.
As added by P.L.52-1997, SEC.20.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 46. Cemetery Rules and Regulations and Exclusive Rights › 23-14-46-4. Restrictions on Imposition of Monetary Penalty

Sec. 4. The owner of a cemetery may not, because of the nonpayment of periodic care charges, impose a monetary penalty that attaches against a burial space if:
(1) the burial space was conveyed by the cemetery after June 14, 1939, and the conveyance was subject to IC 23-14-48 or IC 23-14-1-12 (before its repeal); or
(2) the owner of the burial space or the owner's heirs or representatives can document previous payment of perpetual care or endowed care charges.
As added by P.L.52-1997, SEC.20.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 46. Cemetery Rules and Regulations and Exclusive Rights › 23-14-46-5. Restrictions on Public Notice

Sec. 5. A public notice, including a notice of nonpayment, may not be attached to any lot, grave, gravestone, marker, or memorial upon a lot for the purpose of enforcing a penalty for the nonpayment of perpetual care charges.
As added by P.L.52-1997, SEC.20.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 46. Cemetery Rules and Regulations and Exclusive Rights › 23-14-46-6. Powers and Duties of Person in Charge of Cemetery

Sec. 6. The sexton, superintendent, manager, director, or other person in charge of a cemetery has the same powers, functions, duties, and authority granted by law to a peace officer within the jurisdiction in which the cemetery is located for the purpose of:
(1) maintaining order; and
(2) enforcing:
(A) the rules and regulations of the cemetery;
(B) the laws of Indiana; and
(C) the ordinances of the city or town in which the cemetery is situated;
within the cemetery and within an area immediately outside the cemetery as large as necessary to protect the property of the cemetery.
As added by P.L.52-1997, SEC.20.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 46. Cemetery Rules and Regulations and Exclusive Rights › 23-14-46-7. Exclusive Rights of Owner

Sec. 7. Because the owner of a cemetery is responsible for the performance of the care and maintenance of the cemetery, a cemetery owner has the exclusive right to:
(1) open and close a grave or grave space, burial space, crypt, or niche in the cemetery;
(2) set or install:
(A) a marker;
(B) a monument; or
(C) any type of memorial;
in the cemetery; and
(3) install any kind of foundation or other type of base for the marker, monument, or any type of memorial in the cemetery.
This exclusive right may also be exercised by the authorized representative of the owner of the cemetery.
As added by P.L.52-1997, SEC.20. Amended by P.L.9-2022, SEC.43.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 46. Cemetery Rules and Regulations and Exclusive Rights › 23-14-46-9. Commodities or Services; Written Statement; Itemized Price Range

Sec. 9. When selling commodities or services to a consumer, a cemetery owner or authorized representative of the cemetery owner shall give a consumer a written statement that includes an itemized price range of all commodities and services that the consumer may purchase. The written statement must contain the effective date of the itemized price range.
As added by P.L.113-2022, SEC.6.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 47. Use, Sale, and Installation of Monuments and Other Commodities › 23-14-47-1. Establishment of Rules and Regulations

Sec. 1. (a) Subject to subsection (b), a cemetery owner has the right to establish reasonable rules and regulations regarding the:
(1) type;
(2) material;
(3) design;
(4) composition; and
(5) finish;
of any commodity to be used or installed in the cemetery.
(b) After June 30, 2022, a cemetery owner may not do the following:
(1) Require a person purchasing burial rights in the cemetery under a contract subject to IC 30-2-13-12.5 to have a vault installed in the cemetery before the death of the purchaser.
(2) Allow any other person providing services or commodities to a person purchasing burial rights in the cemetery to install a vault in the cemetery before the death of the purchaser.
As added by P.L.52-1997, SEC.21. Amended by P.L.113-2022, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 47. Use, Sale, and Installation of Monuments and Other Commodities › 23-14-47-2. Duties of Owner

Sec. 2. A cemetery owner shall not prevent the use of or installation in the cemetery of any commodity purchased from any source if the commodity meets the rules and regulations established under section 1 of this chapter.
As added by P.L.52-1997, SEC.21.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 47. Use, Sale, and Installation of Monuments and Other Commodities › 23-14-47-3. Fees for Services

Sec. 3. The fee that a cemetery owner charges for services in connection with the installation or use of commodities in the cemetery must:
(1) be consistent with the written statement provided under IC 23-14-46-9; and
(2) be the same to all regardless of who furnishes the commodities.
As added by P.L.52-1997, SEC.21. Amended by P.L.113-2007, SEC.3; P.L.113-2022, SEC.8.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 47. Use, Sale, and Installation of Monuments and Other Commodities › 23-14-47-4. Schedule of Charges

Sec. 4. At the usual place for transacting the regular business of each cemetery, the cemetery owner shall maintain a complete schedule of all charges that the cemetery imposes for services in connection with the installation or use of commodities in the cemetery. The schedule must be:
(1) plainly printed or typewritten;
(2) subject to inspection and copying; and
(3) consistent with the written statement provided to each consumer under IC 23-14-46-9.
As added by P.L.52-1997, SEC.21. Amended by P.L.113-2022, SEC.9.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 47. Use, Sale, and Installation of Monuments and Other Commodities › 23-14-47-5. Violation of Chapter; Class B Misdemeanor

Sec. 5. A person who knowingly violates this chapter commits a Class B misdemeanor.
As added by P.L.52-1997, SEC.21.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 48. Cemetery Perpetual Care Fund › 23-14-48-1. Application of Chapter

Sec. 1. (a) Except as provided in subsection (b), this chapter does not apply to:
(1) a cemetery owned by a municipal corporation or other governmental unit;
(2) a religious cemetery; or
(3) a cemetery:
(A) that is ten (10) acres or less in size;
(B) that is owned and operated entirely and exclusively by a nonprofit mutual association in existence on June 14, 1939; and
(C) in which burials have taken place before June 14, 1939.
(b) If a cemetery described in subsection (a)(3) directly or indirectly:
(1) constructs or permits to be constructed any structure, above or below ground, and offers interment rights in the structure for sale to the general public; or
(2) acquires:
(A) additional land; or
(B) an interest in additional land;
causing the cemetery to exceed ten (10) acres in size;
this chapter applies to the whole of the cemetery.
As added by P.L.52-1997, SEC.22.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 48. Cemetery Perpetual Care Fund › 23-14-48-1.5. "Immediate Maintenance Needs"

Sec. 1.5. As used in this chapter, the "immediate maintenance needs" of a cemetery means the need to perform one (1) or more of the perpetual care activities set forth in IC 23-14-33-30(a)(1) through IC 23-14-33-30(a)(6) and IC 23-14-33-30(b)(1) through IC 23-14-33-30(b)(4) in the present rather than at a future time.
As added by P.L.14-2018, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 48. Cemetery Perpetual Care Fund › 23-14-48-2. Establishment of Perpetual Care Fund; Limit on Withdrawals

Sec. 2. (a) The owner of each cemetery shall provide for the creation and establishment of an irrevocable perpetual care fund.
(b) The principal of a perpetual care fund established under this section shall permanently remain intact, except as provided in this chapter.
(c) The following apply to a perpetual care fund unless the perpetual care fund is a trust that has been converted into a total return unitrust under section 2.6 of this chapter:
(1) Fifty percent (50%) of any appreciation of the principal of the fund may be withdrawn annually not more than forty-five (45) days after the end of the fund's fiscal year.
(2) Any income earned by the fund during the fiscal year may be withdrawn quarterly during the fund's fiscal year.
(d) Any withdrawal of:
(1) income from a perpetual care fund under subsection (c)(2); or
(2) appreciation of the principal of a perpetual care fund under subsection (c)(1);
shall be devoted to the perpetual care of the cemetery, including the immediate maintenance needs of the cemetery.
(e) A perpetual care fund established under this section is not subject to attachment by a creditor unless the underlying debt was incurred for the perpetual care or endowment care (as defined in IC 23-14-33-30) of the cemetery for which the fund was established.
As added by P.L.52-1997, SEC.22. Amended by P.L.66-1999, SEC.1; P.L.14-2018, SEC.3; P.L.33-2019, SEC.1.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 48. Cemetery Perpetual Care Fund › 23-14-48-2.2. Withdrawal of Funds From Perpetual Care Fund Established as a Conventional Trust

Sec. 2.2. If:
(1) the perpetual care fund of a cemetery is a trust; and
(2) the perpetual care fund trust has not been converted into a total return unitrust under section 2.6 of this chapter;
the trustee of the trust may, to the extent allowed by section 2 of this chapter, withdraw funds from the trust in amounts the trustee considers necessary to pay the cost of perpetual care of the cemetery, notwithstanding any provision in the terms of the trust instrument that would restrict withdrawals from the trust for perpetual care of the cemetery to less than the amounts allowed by section 2 of this chapter.
As added by P.L.163-2016, SEC.1. Amended by P.L.33-2019, SEC.2.