reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1331 Organization.

17-1331.
Organization.
Within 30 days after such order is entered by the board of county commissioners, as above provided, it is hereby made the duty of the township trustee of the township in which township lies the greatest portion of territory comprising such cemetery district, to call a meeting of the qualified electors of such cemetery district in the manner hereinafter provided, for the purpose of organizing such cemetery district into an association and for the election of five directors who shall have authority to provide for the caring and maintaining of such cemetery hereinafter provided for, and who shall hold their office until the next regular meeting of such cemetery association. Directors shall reside either (1) in the county or counties in which such cemetery district is located or (2) within 25 miles of the cemetery district boundaries. Upon the change of residency of any director as required by this section, such director's office shall be deemed to be vacated, and a successor shall be appointed to serve the remainder of the unexpired term by the remaining directors. Such township trustee shall cause notice of such meeting to be published, once each week for two consecutive weeks, in a newspaper of general circulation in such cemetery district, stating that a meeting of the qualified voters of such cemetery district will be held at the time and place fixed in the notice for the purpose of organizing the cemetery district into an association and for the election of five directors. The last publication of such notice shall be made not more than six days prior to the date fixed for the holding of the meeting.
History:
L. 1925, ch. 148, § 2; L. 1978, ch. 77, § 1; L. 1988, ch. 95, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1332 Filing offer to convey property; abandoned cemeteries.

17-1332.
Filing offer to convey property; abandoned cemeteries.
That before said petition shall be granted by said board of county commissioners as hereinbefore provided, there shall be on file with the clerk of said board an offer by at least one cemetery association or corporation in said proposed district, authorized by at least a majority vote of its officers and directors to convey to said proposed cemetery district association, all property, both real and personal, now owned by said association or corporation free of cost, and said cemetery association or corporation is hereby authorized to make such conveyance upon a majority vote of its officers and directors: Provided, That the petition may be granted by the board of county commissioners to a cemetery district organized to take over one or more abandoned cemeteries within the proposed district if the petition is accompanied by an affidavit signed by one or more residents of the district stating that the persons or association owning or having control of said cemetery or cemeteries cannot be ascertained or located and that said cemetery or cemeteries have been abandoned for more than five years. Upon the granting of said petition said cemetery district may take over and exercise ownership and control of said abandoned cemetery or cemeteries and shall be vested with color of title thereto.
History:
L. 1925, ch. 148, § 3; L. 1949, ch. 188, § 1; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1333 Annual meetings; powers of electors.

17-1333.
Annual meetings; powers of electors.
A majority of the electors present at said annual cemetery district meeting shall have authority to select a name for said cemetery district association; elect directors as provided for in K.S.A. 17-1331, who shall hold office as provided in K.S.A. 17-1333a; vote upon any proposition to disorganize such district and annex the territory thereof to another cemetery district; fix the date for its next annual meeting; determine the amount of tax to be levied not to exceed the limits prescribed in K.S.A. 17-1330, or K.S.A. 17-1365 for the caring for and maintaining said cemetery for the next year and cause the same to be certified to the county clerk of each county or counties in which said district is located; and at the first meeting of said cemetery association to select from the offer or offers on file to convey by cemetery associations or corporations in said district, the cemetery to become the official cemetery of said district association, which cemetery shall thereafter become the permanent property of said district association.
History: L. 1925, ch. 148 § 4; L. 1937, ch. 178, § 2; L. 1949, ch. 187, § 2; L. 1961, ch. 118, § 2; L. 1969, ch. 122, § 8; L. 1973, ch. 89, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1333a Election of directors; vacancies.

17-1333a.
Election of directors; vacancies.
At the first annual meeting of cemetery districts, provided for by K.S.A. 17-1333, and amendments thereto, which occurs after the effective date of this act, directors shall be elected as follows: Two for terms of four years; one for a term of three years; one for a term of two years; and one for a term of one year. Thereafter, upon the expiration of the term of a director, a successor shall be elected for a term of four years. Directors shall reside either (1) in the county or counties in which such cemetery district is located or (2) within 25 miles of the cemetery district boundaries. Upon the change of residency of any director as required by this section, such director's office shall be deemed to be vacated. Vacancies in the board of directors occasioned by removal, resignation or otherwise shall be filled for the unexpired term in like manner as original elections.
History:
L. 1973, ch. 89, § 2; L. 1988, ch. 95, § 2; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1334 Meetings of directors; election of officers; terms; bond of secretary-treasurer.

17-1334.
Meetings of directors; election of officers; terms; bond of secretary-treasurer.
That the directors of said cemetery association shall meet within thirty days after their election, and at all other times during their term of office when called by their president, who shall at their first meeting elect a president from among their number, and a secretary-treasurer who shall be required to give a bond to the association in the sum of $300, and which president and secretary-treasurer shall have all the authority now provided by law for such officials of cemetery associations or corporations. Each officer elected pursuant to this section shall serve for a term of one (1) year.
History: L. 1925, ch. 148, § 5; L. 1973, ch. 89, § 3; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1335 Authority of association; issuance of bonds.

17-1335.
Authority of association; issuance of bonds.
(a) The district cemetery association shall have all the authority now provided by law for cemetery associations and corporations which shall specifically include but shall not be limited to the authorities granted by K.S.A. 17-1302, 17-1311, 17-1312, 17-1319, 17-1320 and 17-1321, and amendments thereto. The cemetery of such district association shall be and remain a public cemetery.
(b) The board of directors of such district is hereby authorized to issue general obligation bonds of the district for the purpose of acquiring additional land for cemetery purposes in the manner herein provided. Before any such bonds shall be issued, the board shall adopt a resolution declaring its intention to issue such bonds, stating the purpose for which the bonds are to be issued and the amount thereof. Such resolution shall be published once each week for three consecutive weeks in the official county newspaper. If within 30 days following the date of the last publication of such resolution a petition signed by not less than 5% of the qualified electors of the district is filed in the office of the county election officer requesting an election on the proposition to issue such bonds, no bonds shall be issued without such proposition having been approved by a majority of the electors of the district voting at an election called and held thereon. All such elections shall be noticed, called and held in the manner prescribed for the giving of notice, calling and the conduct of elections under the general bond law. If no sufficient petition is filed within the time prescribed or if such proposition is approved by a majority of the qualified electors of the district voting at an election held thereon, bonds of the district may be issued in an amount not to exceed the amount specified in the original resolution of the board.
History: L. 1925, ch. 148, § 6; L. 1951, ch. 200, § 1; L. 1988, ch. 95, § 5; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1335a Reinvestment of title to lots under K.S.A. 17-1330; notice to nonresidents; publication.

17-1335a.
Reinvestment of title to lots under K.S.A. 17-1330; notice to nonresidents; publication.
Whenever it shall be determined by the return of the sheriff of the county in which said cemetery is located, that the owner or owners of said lot or lots is not a resident of said county and cannot be found therein, then said board of directors may cause such notice to be published in a legal newspaper within said county for the period of three (3) weeks, and shall cause a copy of such notice to be served on the owner or owners thereof by registered mail addressed to their last known address, which said notice shall specify a time for payment, at least thirty (30) days after the completed service of such notice by publication thereof.
History:
L. 1953, ch. 127, § 2; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1335b Record of proceedings.

17-1335b.
Record of proceedings.
All such notices with the proof of service or publication thereof, and all such resolutions adopted by the board of directors of said cemetery district shall be made a part of the records of said governing board.
History:
L. 1953, ch. 127, § 3; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1335c Default by owners; action to determine title.

17-1335c.
Default by owners; action to determine title.
If for thirty (30) days after completion of such service or publication the party or parties fail to conform with the demands of such resolution, the rights of such party or parties may be deemed abandoned, and thereupon said board of directors may bring an action in the district court of said county against all parties so in default, uniting as many parties so in default as it may desire in one action, to have the rights of said parties in such lots or parcels terminated and the property restored to the board of directors of such cemetery district free of any right, title or interest of all such defaulting parties, their heirs or assigns. Such action in all other respects shall be brought and determined in the same manner as ordinary actions to determine title to real estate.
History:
L. 1953, ch. 127, § 4; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1335d Abandonment by grantee or holder.

17-1335d.
Abandonment by grantee or holder.
In all such cases the fact that such grantee or holder has not, for a term fifteen (15) successive years or more, observed the regulations of the board of directors of such cemetery district shall be prima facie evidence that such party has abandoned such lots.
History:
L. 1953, ch. 127, § 5; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1335e Judgment may be recorded.

17-1335e.
Judgment may be recorded.
A certified copy of the judgments in such actions quieting title may be filed in the office of the register of deeds in and for the county in which said parcel is situated.
History:
L. 1953, ch. 127, § 6; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1335f Description; ingress and egress.

17-1335f.
Description; ingress and egress.
Such notice and all proceedings had pursuant to this act in relation to any such cemetery lots, shall distinctly describe by metes and bounds the portion of such cemetery lot unused for burial purposes; and such cemetery district is hereby required to leave sufficient ingress to, and egress from, any grave upon said lot, either by duly dedicated streets or alleys in said cemetery, or by leaving sufficient of the unused portion of such cemetery lot for such purpose.
History:
L. 1953, ch. 127, § 7; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1335g Perpetual care contracts exempt.

17-1335g.
Perpetual care contracts exempt.
This act shall not apply to any lot or lots in any cemetery where a perpetual care contract has been entered into between such cemetery and the owner of such lot.
History:
L. 1953, ch. 127, § 8; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1335h Title reinvested; reconveyance, when.

17-1335h.
Title reinvested; reconveyance, when.
Compliance with the terms of this act shall as fully reinvest the cemetery district with, and divest the record owner and his descendants of, the title to such portion of such cemetery lot unused for burial purposes, as though the same had never been conveyed to any person, and such cemetery district shall have, hold and enjoy such reclaimed portions of such lots for its own uses and purposes, subject to the laws of this state, and to the charter, bylaws, rules and regulations of such cemetery district: Provided, That such cemetery district shall not be permitted to alienate any such lot for the period of one (1) year from and after the adoption of the resolution provided for in this act by the board of directors of such cemetery district: And further provided, That if at any time during said one-year period, any person or persons entitled to such cemetery lot by the laws of this state, shall pay or cause to be paid to the secretary-treasurer of such district all said unpaid lot care, together with the expenses of the service of the notice hereinbefore provided for, and any additional sums due for lot care subsequent to the date of such notice, as prescribed by the bylaws, rules and regulations of such cemetery district, and shall take out and pay for a perpetual care contract upon such lot, the said board of directors shall reconvey such lots to the person or persons lawfully entitled to the same.
History:
L. 1953, ch. 127, § 9; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1335i Annexation of territory to districts; procedure.

17-1335i.
Annexation of territory to districts; procedure.
Whenever a petition describing the territory sought to be annexed to a cemetery district organized and operating under the provisions of K.S.A. 17-1330, 17-1330a, 17-1331, 17-1332, 17-1333, 17-1334 and 17-1335, and amendments thereto, which territory is adjacent to such cemetery district, praying that such territory be annexed to and become a part of such cemetery district, and signed by not less than fifty-one percent (51%) of the qualified electors of such territory to be determined by an enumeration taken and verified for this purpose by some qualified elector of the territory sought to be annexed and attached to the petition, is presented to the board of county commissioners of the county in which lies the greatest portion of the territory sought to be annexed, it shall be the duty of said board of county commissioners at its next regular meeting to examine said petition and enumeration, and if it finds that the petition is regular and in due form, that it is signed by the requisite number of qualified electors, that such territory is adjacent to the cemetery district, and that no part of such territory is in another cemetery district, it shall enter an order in its proceedings annexing said petitioned territory to the cemetery district and making it a part thereof.
If the annexed territory lies in two or more counties, the county clerk of the county whose board of commissioners makes the annexation order shall certify a copy of the order to the county clerk of any other county in which any of such territory is located.
History:
L. 1953, ch. 128, § 1; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1336 Cemetery districts in certain counties; tax levies; road improvement.

17-1336.
Cemetery districts in certain counties; tax levies; road improvement.
That in any cemetery district organized or created under the provisions of K.S.A. 17-1330 through 17-1335, and amendments thereto, which is located in a county having a population of not less than eight thousand (8,000) nor more than eleven thousand (11,000) and having an assessed tangible valuation of more than thirty million dollars ($30,000,000), or which is located in a county having a population of not less than eighteen thousand (18,000) nor more than nineteen thousand (19,000) and having an assessed tangible valuation of more than thirty-four million dollars ($34,000,000), or any county having a population of not less than nineteen thousand (19,000) nor more than twenty-three thousand (23,000) and having an assessed tangible valuation of not less than thirty-three million dollars ($33,000,000) nor more than thirty-eight million dollars ($38,000,000), a majority of the electors present at the annual cemetery district meeting, shall determine the amount of tax to be levied not to exceed one-half (1/2) mill on all taxable property of the district for the caring for and maintaining said cemetery and for the improvement of the road leading to said cemetery from a county or state highway and cause the same to be certified to the board of county commissioners of such county; and any such cemetery district, so organized or created, which is located in a county having a population of not less than six thousand five hundred (6,500) and having an assessed tangible valuation of not less than ten million dollars ($10,000,000) nor more than fourteen million dollars ($14,000,000) shall, when a majority of the electors present at the annual cemetery meeting determine the amount of tax to be levied not to exceed one (1) mill on all taxable property of the district for the caring for and maintaining said cemetery and for the improvement of the road leading to said cemetery from a county or state highway, cause the same to be certified to the board of county commissioners of such county.
History: L. 1938, ch. 39, § 1; L. 1939, ch. 156, § 1; L. 1941, ch. 178, § 1; L. 1945, ch. 156, § 1; L. 1947, ch. 184, § 1; L. 1951, ch. 201, § 1; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1336a Road completion fund; transfer of surplus money for machinery and equipment; limitation.

17-1336a.
Road completion fund; transfer of surplus money for machinery and equipment; limitation.
(a) The board of directors of any cemetery district created pursuant to the provisions of article 13 of chapter 17 of the Kansas Statutes Annotated, and amendments thereto, is hereby authorized and empowered, by resolution, to transfer all or any portion of any surpluses of the moneys derived from any tax levy existing at the end of a budget year to a special fund for the completion of road improvements authorized by K.S.A. 17-1336, and amendments thereto. No more than one such transfer shall be made.
(b) The board of directors of any cemetery district created pursuant to article 13 of chapter 17 of the Kansas Statutes Annotated, and amendments thereto, is hereby authorized and empowered, by resolution, to transfer any surpluses of the money derived from any tax levy existing at the end of a budget year to a special fund to be used to purchase machinery and equipment for cemetery maintenance. The amount of such transfer shall not exceed 25% of the annual budget.
(c) Any money transferred pursuant to this section shall not be subject to K.S.A. 79-2925 to 79-2940, inclusive, and amendments thereto, except that in making the budget of such cemetery districts the amount transferred and the amount expended thereof shall be shown thereon for the information of the taxpayers of such cemetery districts.
History:
L. 1945, ch. 156, § 2; L. 1983, ch. 82, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1337 Directors; election; terms; vacancies.

17-1337.
Directors; election; terms; vacancies.
Such cemetery district shall be governed by a board of five directors. At the first annual meeting five directors shall be elected as follows: Two for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year. Thereafter, upon the expiration of the term of a director, a successor shall be elected for a term of four years. Directors shall reside either (1) in the county or counties in which such cemetery district is located or (2) within 25 miles of the cemetery district boundaries. Upon the change of residency of any director as required by this section, such director's office shall be deemed to be vacated. Vacancies in the board of directors occasioned by removal, resignation or otherwise shall be filled for the unexpired term in like manner as original elections.
History:
L. 1938, ch. 39, § 2; L. 1939, ch. 156, § 2; L. 1988, ch. 95, § 3; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1338 Permanent maintenance fund; use and investment.

17-1338.
Permanent maintenance fund; use and investment.
Any such cemetery district may receive, acquire and hold donations or bequests for a permanent fund, the income from which shall be used by such cemetery district in defraying the expenses incurred in keeping the lots and grounds of such cemetery in proper and suitable condition. Such permanent fund may be invested as the donor may direct or if the donor has not specified, such fund may be invested in investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein or in any municipal bonds of this state or bonds of the United States except bonds of any municipality of this state where the bonded indebtedness thereof shall exceed fifteen percent of its total assessed valuation as shown by the last assessment preceding such investment.
History:
L. 1938, ch. 39, § 3; L. 1977, ch. 54, § 22; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1339 Control of permanent fund; custodian.

17-1339.
Control of permanent fund; custodian.
The board of directors of such cemetery district shall have entire control of raising such permanent fund, the loaning of the same, and collecting and disbursing the income therefrom. The treasurer shall be custodian of such fund.
History:
L. 1938, ch. 39, § 4; March 5.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1341 Conveyance of city cemetery; ordinance.

17-1341.
Conveyance of city cemetery; ordinance.
That any city located within the boundaries of any such cemetery district which is operating and maintaining a city cemetery, if so requested in writing by the board of directors of such cemetery district, may by ordinance duly passed and adopted by its governing body, relinquish, transfer and convey to said cemetery district the said city cemetery.
History:
L. 1939, ch. 156, § 4; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1342 Establishment by city of second or third class and townships.

17-1342.
Establishment by city of second or third class and townships.
Any city of the second or third class is hereby authorized to join with any one or more townships or portions of one or more townships in the maintenance and improvement of any cemetery within such city or townships, as hereinafter provided.
History:
L. 1941, ch. 176, § 1; L. 1949, ch. 189, § 1; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1343 Petition to county commissioners.

17-1343.
Petition to county commissioners.
Upon the presentation to the board of county commissioners of the county in which such city and townships, or the greater portion thereof, are located of a petition signed by not less than sixty percent of the qualified electors of each of said townships or parts of said townships of said proposed district outside the limits of incorporated cities, to be determined by an enumeration taken and verified for this purpose by some qualified elector of said proposed district, it shall be the duty of said board of commissioners, at its next regular meeting to examine said petition and if they find that the same is regular and in due form as is herein provided, they shall enter an order in their proceedings establishing said cemetery district. Said petition shall be accompanied by a copy of a resolution passed by the governing body of a city within such district which now owns a cemetery, which resolution shall state that said city agrees to convey said cemetery to and for the use of the proposed cemetery district.
History:
L. 1941, ch. 176, § 2; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1345 Disorganization of township cemetery and formation of district; petition; transfer of property.

17-1345.
Disorganization of township cemetery and formation of district; petition; transfer of property.
Whenever a petition setting forth a proposed cemetery district (which includes territory wherein an existing township cemetery is located) and a proposal to disorganize the existing township cemetery, signed by not less than fifty-one percent of the qualified electors of said proposed district, to be determined by an enumeration taken and verified for this purpose by some qualified elector of said proposed district, shall be presented to the board of county commissioners of the county in which lies the greatest portion of the territory comprising said district, in favor of such petition together with a resolution unanimously adopted and signed by the members of the township board of the township having such township cemetery which is to be disorganized stating that said township board agrees and consents to the disorganization of said township cemetery, it shall be the duty of the board of county commissioners at its next regular meeting to examine said petition and resolution and, if it finds that said petition and resolution are regular and in the form herein prescribed and that there is no outstanding indebtedness against said township cemetery district and that said township board is willing to convey all right, title and interest of said township in and to said cemetery to the proposed new cemetery district, it shall enter an order in its proceedings disorganizing said township cemetery district and establishing said proposed cemetery district.
Thereupon, the township board of the township shall convey all right, title and interest in and to said township cemetery to the newly organized cemetery district. Such conveyance shall be made by a deed signed and acknowledged by the township trustee. Immediately upon the selection and qualification of the treasurer of the new cemetery district, the township treasurer shall pay over to such cemetery district treasurer all funds and moneys in his hands together with all moneys and funds in the county treasury which have been collected for cemetery purposes by such township.
History:
L. 1943, ch. 330, § 1; June 28.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1346 Same; application of laws.

17-1346.
Same; application of laws.
The provisions of K.S.A. 17-1330, 17-1330a, 17-1331, 17-1333, 17-1334, 17-1335, 17-1337, 17-1338 and 17-1339 shall apply to the said cemetery district established by the board of county commissioners and all the rights, powers, duties, authority and jurisdiction conferred by said sections on cemetery districts are hereby conferred on the cemetery district and the board of directors thereof established and provided for under the provisions of this act.
History:
L. 1943, ch. 330, § 2; June 28.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1347 Reversion of unused grave spaces conveyed to patriotic organizations.

17-1347.
Reversion of unused grave spaces conveyed to patriotic organizations.
In any city or other cemetery wherein blocks of grave spaces were conveyed to patriotic organizations for the interment of war dead and such organizations are now defunct, the title to the unused grave spaces shall revert to the city or other existing cemetery organization as of the effective date of this act, and the city or the existing cemetery organization is hereby authorized to convey such unused grave spaces to any existing patriotic organization for the interment of war dead.
History:
L. 1949, ch. 126, § 1; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1348 Certain charitable purpose corporations; joint custody of assets.

17-1348.
Certain charitable purpose corporations; joint custody of assets.
Any cemetery corporation now organized or existing, or which may be hereafter organized, for the purpose of establishing and maintaining a cemetery or cemeteries for charitable purposes and having or acquiring a perpetual care or permanent maintenance fund containing assets of at least $100,000, may by action of its governing board enter into an agreement with a bank, having its principal office in this state, for the joint custody of such assets, which assets are to be deposited for safekeeping with such bank and such joint custody to be between the treasurer and governing body of such corporation and the bank. Whenever such assets are so deposited with a bank, the treasurer of such corporation may be relieved from furnishing any surety bond relative thereto otherwise required by law.
History:
L. 1951, ch. 215, § 1; L. 1989, ch. 48, § 79; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1349 Same; investment standards; acquisition of property.

17-1349.
Same; investment standards; acquisition of property.
In acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for the benefit of any cemetery corporation now or hereafter organized as provided in K.S.A. 17-1348, and amendments thereto, the governing board shall exercise such judgment and care under the circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of its capital.
Within the limitations of the foregoing, the governing board of the cemetery corporation is authorized to acquire and retain every kind of property, real, personal or mixed, and every kind of investment, specifically but not by way of limitation, bonds, debentures and other corporate obligations, or loans secured by real estate mortgages, and stocks, preferred or common, which persons of prudence, discretion and intelligence acquire or retain for their own account, and within the limitations of the foregoing, the governing board of the cemetery corporation may retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase.
History:
L. 1951, ch. 215, § 2; L. 2008, ch. 44, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1350 Dissolution of certain cemetery districts; determination of facts.

17-1350.
Dissolution of certain cemetery districts; determination of facts.
Whenever any public utility, governmental agency of this state, or the United States, having the power of eminent domain, shall have determined it to be necessary to acquire for public use the existing property owned by any cemetery district in this state, the directors of such cemetery district may present a petition to the district court of the county in which such cemetery property is located, verified by such directors, setting forth such facts and praying that an order be made by the court determining whether such facts exist.
History:
L. 1953, ch. 137, § 1; March 27.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1351 Same; findings; notice to owners of intention to dissolve district.

17-1351.
Same; findings; notice to owners of intention to dissolve district.
Such petition shall be heard immediately by such district court, and if the district court shall find that the facts specifically set out in K.S.A. 17-1350 exist, the court shall direct that process be issued in said action notifying all persons owning lots or places of burial in such cemetery, as far as can be determined from the records of such cemetery district, of the intention of the cemetery district to request the dissolution of such cemetery district, such process to be issued by personal service or by publication service in accordance with sections 60-2525 to 60-2527, both sections inclusive, of the General Statutes Supplement of 1951.
History:
L. 1953, ch. 137, § 2; March 27.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1352 Same; hearing; determination; authority to contract, when.

17-1352.
Same; hearing; determination; authority to contract, when.
After service, as provided in the preceding section, has been made, a hearing shall be had by said district court, to determine whether such cemetery district should be dissolved, and the property rights of persons living or dead either owning cemetery lots in said cemetery, or buried therein, shall be dissolved and set aside, and, whether it would be to the best interests of all parties concerned for said bodies to be disinterred from said cemetery and reburied in another cemetery or cemeteries. If the court shall find in the affirmative, then the directors of such cemetery district shall be authorized to enter into a contract or contracts for the sale of such cemetery property to such governmental agency or public utility, subject to the approval of the court, and also to enter into a contract or contracts for the removal and reburial of all persons buried in said cemetery, subject to the approval of the court.
History:
L. 1953, ch. 137, § 3; March 27.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1353 Same; acquisition of locations in certain existing cemeteries.

17-1353.
Same; acquisition of locations in certain existing cemeteries.
The directors of such cemetery district shall then be authorized to acquire by purchase suitable cemetery lots, or burial locations in other existing cemeteries within a radius of fifty (50) miles of such cemetery, for the reburial of all bodies in such cemetery.
History:
L. 1953, ch. 137, § 4; March 27.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1354 Same; dissolution of district by court, when; deed; report, approval; order; recordation.

17-1354.
Same; dissolution of district by court, when; deed; report, approval; order; recordation.
Upon the removal and reburial of all bodies, together with the relocation of all markers, monuments and other identifying medium, the court shall be advised of such fact by the directors of such cemetery district, and, if the court finds all of the terms of said contract or contracts have been carried out, the court can declare such cemetery district to be dissolved, and authorize the directors of such cemetery district to execute a deed to such cemetery property to the governmental agency involved. The directors of such cemetery district shall report all payments to the court, and, if approved by the court, the court shall order such cemetery district to pay all costs and expenses from the money received for the sale of such property, a copy of which order shall be filed with the county clerk of the county or counties in which such cemetery district is located, and thereupon such cemetery district shall cease to become a taxing unit.
History:
L. 1953, ch. 137, § 5; March 27.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1355 Certain districts in counties over 250,000 population; tax levies, when; limitation.

17-1355.
Certain districts in counties over 250,000 population; tax levies, when; limitation.
This act shall apply to any cemetery district, not within any incorporated city, which constitutes a group of four (4) cemeteries and which district is located in a county having a population of not less than two hundred fifty thousand (250,000). If a majority of the qualified electors of said district present at the annual cemetery district meeting shall determine the amount of additional tax necessary to be levied, not to exceed one (1) mill on all the taxable property of the district, for the purchase of additional land for said cemetery and for the improvement thereof, the directors may submit same to the board of county commissioners of such county and said tax shall be levied on all the taxable property of said cemetery district: Provided, Such tax shall not be levied more than two (2) years.
History:
L. 1959, ch. 145, § 1; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1356 Disorganization and annexation of cemetery district to other district in same county, when; procedure.

17-1356.
Disorganization and annexation of cemetery district to other district in same county, when; procedure.
Any cemetery district organized under the provisions of K.S.A. 17-1330, 17-1330a, 17-1331 to 17-1334 and 17-1335, and acts amendatory thereof, and adjacent or contiguous to another cemetery district located in the same county, may be disorganized and annexed to such adjacent or contiguous district as hereinafter provided.
Whenever a petition describing the territory of the district requesting disorganization and annexation, and signed by not less than fifty-one percent (51%) of the qualified electors of the district, as determined by an enumeration taken and verified for this purpose by some qualified elector of the district requesting annexation, is presented to the board of county commissioners of the county in which the cemetery districts lie, it shall be the duty of the board of county commissioners at its next regular meeting to examine the petition, and if it finds that the two districts are adjacent, that the petition is signed by the requisite number of qualified electors, and that the district directors of the district to which it is proposed to annex the petitioning district have approved such annexation, the board shall enter an order in its proceedings disorganizing the petitioning district and annexing such district to the adjacent or contiguous district.
History:
L. 1961, ch. 119, § 1; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1357 Entire district to be disorganized and annexed.

17-1357.
Entire district to be disorganized and annexed.
If a cemetery district has been disorganized and annexed to another district as provided for in K.S.A. 17-1356, the entire petitioning cemetery district shall be disorganized and annexed to the adjacent or contiguous district.
History:
L. 1961, ch. 119, § 2; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1358 Transfer of property and funds.

17-1358.
Transfer of property and funds.
When a cemetery district is disorganized and annexed, all of its property and funds on hand and to be collected shall, at the time of annexation, be transferred to the cemetery district of which it becomes a part, and said annexed district shall thereafter be a part of said annexing district for all purposes.
History:
L. 1961, ch. 119, § 3; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1359 Disorganization of certain districts and annexation of territory to other districts.

17-1359.
Disorganization of certain districts and annexation of territory to other districts.
Any cemetery district organized under the provisions of K.S.A. 17-1330 et seq., and amendments thereto, may be disorganized and the territory thereof annexed to another cemetery district located within the same county in the manner hereinafter provided. Both contiguous and noncontiguous territory may be annexed under the provisions of this act*.
History:
L. 1969, ch. 122, § 1; April 19.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1360 Vote to disorganize and requesting annexation of territory to another district; duties of secretary-treasuer.

17-1360.
Vote to disorganize and requesting annexation of territory to another district; duties of secretary-treasuer.
If a majority of the electors of any such district, present at the annual meeting, shall vote in favor of disorganizing such district and requesting the annexation of the territory thereof to another cemetery district, the secretary-treasurer of the district shall transmit certified copies of such proposition and the vote thereon to the secretary-treasurer of the cemetery district to which the electors have voted to request the annexation of the territory of their district.
History:
L. 1969, ch. 122, § 2; April 19.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1361 Same; duties of board receiving proposition; territory not annexed, when.

17-1361.
Same; duties of board receiving proposition; territory not annexed, when.
Whenever the board of directors of any cemetery district organized under the provisions of K.S.A. 17-1330 et seq., and amendments thereto, shall receive a proposition requesting the annexation of the territory of another district to its district, such board shall, upon the call of its president, meet and determine the advisability of the annexation of such territory. If such board shall determine that the annexation of such territory is advisable it shall cause its approval to be endorsed upon a copy of the proposition submitted by the district requesting annexation and shall transmit the same to the board of county commissioners of the county. If the board of such cemetery district shall determine that the annexation of such territory is not in the best interests of its district, such territory shall not be annexed.
History:
L. 1969, ch. 122, § 3; April 19.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1362 Same; county commissioners duties to disorganize and annex district, when.

17-1362.
Same; county commissioners duties to disorganize and annex district, when.
If the board of county commissioners finds that the proposition, the vote thereon and the endorsement are sufficient and in proper form, it shall enter an order in its proceedings disorganizing such district and annexing the territory thereof to the district as requested in such proposition.
History:
L. 1969, ch. 122, § 4; April 19.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1363 Records, funds, etc., transferred to annexing district; title to property.

17-1363.
Records, funds, etc., transferred to annexing district; title to property.
Whenever any cemetery district shall be disorganized under the provisions of this act* and the territory thereof annexed to another district, all books, records, papers, moneys, funds in the hands of the county treasurer or levies outstanding, and property, both real and personal, shall be transferred to the custody of the secretary-treasurer of the cemetery district to which such territory has been annexed. The title to all such property shall vest in the district as the same is constituted from and after the date of such annexation.
History:
L. 1969, ch. 122, § 5; April 19.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1364 Same; fixing number of board after annexation; terms.

17-1364.
Same; fixing number of board after annexation; terms.
At the annual meeting of any cemetery district next following the annexation of territory under the provisions of this act*, a majority of the electors present shall have authority to determine the number of and to elect not less than five nor more than nine directors who shall hold their office until the next annual meeting of the electors of such district. Directors shall reside either (1) in the county or counties in which such cemetery district is located or (2) within 25 miles of the cemetery district boundaries. Upon the change of residency of any director as required by this section, such director's office shall be deemed to be vacated, and a successor shall be appointed to serve the remainder of the unexpired term by the remaining directors.
History:
L. 1969, ch. 122, § 6; L. 1988, ch. 95, § 4; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1365 Tax levies after annexation; uses of funds.

17-1365.
Tax levies after annexation; uses of funds.
Whenever territory shall have been attached to any cemetery district under the provisions of this act*, the county clerk of the county or the county clerks of each county in which said district is located shall, at the first tax levying period next following the date of such annexation and thereafter levy a tax on the taxable tangible property of such cemetery district, which will produce a sum not to exceed an amount equal to five thousand dollars ($5,000) for each cemetery operated and maintained by such district, for the maintenance, operation, regulation and care of the cemeteries of such district and for the purchase and use of additional property for cemetery purposes.
History:
L. 1969, ch. 122, § 7; L. 1970, ch. 85, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 13 - Cemetery Corporations › 17-1366 Maintenance of abandoned cemeteries; definitions.

17-1366. Maintenance of abandoned cemeteries; definitions.
As used in this act:
(a) "Abandoned cemetery" means:
(1) Any cemetery owned by a corporation, as defined in K.S.A. 17-1312f, and amendments thereto, in which, for a period of at least one year, there has been a failure to cut grass or weeds or care for graves, grave markers, walls, fences, driveways and buildings; or
(2) any cemetery owned by a corporation, as defined in K.S.A. 17-1312f, and amendments thereto, in which for a period of 180 days, proper records have not been maintained and annual or quarterly reports have not been made to the secretary of state, pursuant to the provisions of K.S.A. 17-1312a et seq., and amendments thereto.
(b) "Municipality" means the cemetery district in which all or any portion of an abandoned cemetery is located. If no portion of such cemetery is located within a cemetery district, the term shall mean the city in which all or any portion of an abandoned cemetery is located unless such cemetery is not within the corporate limits of a city, in which case such term shall mean the county in which such cemetery is located.
History:
L. 1979, ch. 62, § 1; L. 2011, ch. 78, § 23; L. 2014, ch. 118, § 8; July 1.