reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 57. Disinterment, Disentombment, and Disinurnment › 23-14-57-6. Payment of Costs and Expenses

Sec. 6. Before any disinterment, disentombment, or disinurnment may take place under this chapter, the reasonable costs and expenses of the disinterment, disentombment, or disinurnment, including attorney's fees, must be paid by the person or persons applying for the disinterment, disentombment, or disinurnment.
As added by P.L.52-1997, SEC.31.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 57. Disinterment, Disentombment, and Disinurnment › 23-14-57-7. Violation of Chapter; Class B Misdemeanor

Sec. 7. A person who knowingly violates this chapter commits a Class B misdemeanor.
As added by P.L.52-1997, SEC.31.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 57. Disinterment, Disentombment, and Disinurnment › 23-14-57-8. Liability of Cemetery Owner

Sec. 8. The owner of a cemetery is not liable in any action for a removal or reinterment, reentombment, or reinurnment described in this chapter unless the owner fails to exercise reasonable care in the removal or reinterment, reentombment, or reinurnment. There is a rebuttable presumption that the owner exercised reasonable care in the removal or reinterment, reentombment, or reinurnment.
As added by P.L.52-1997, SEC.31.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 58. Abandonment and Reburial › 23-14-58-1. Authority to Abandon Certain Cemeteries; Removal of Bodies

Sec. 1. If a cemetery in Indiana:
(1) is under the ownership or control of any church or religious society;
(2) is located within a city or town;
(3) may have been, for at least twenty (20) years, abandoned as a place of burial of the dead; and
(4) has become, in the judgment of the members or governing body of the church or religious society, impracticable and undesirable to maintain due to the growth of the city or town in which it is located;
the church or religious society may abandon the cemetery and cause the bodies buried within the cemetery to be removed under the conditions set forth in this chapter.
As added by P.L.52-1997, SEC.32.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 58. Abandonment and Reburial › 23-14-58-2. Abandonment of Cemetery; Removal and Interment of Bodies in Suitable Cemetery

Sec. 2. If:
(1) a church or religious society has the ownership or control of a cemetery; and
(2) it is determined, in accordance with the rules, regulations, and usages of the church or religious society, that it is impracticable and undesirable for the church or religious society to maintain the cemetery or burial ground;
the church or religious society may abandon the cemetery and cause the bodies buried in the cemetery to be removed and interred in a suitable cemetery.
As added by P.L.52-1997, SEC.32.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 58. Abandonment and Reburial › 23-14-58-3. Reinterment

Sec. 3. A church or religious society that takes action under section 1 or 2 of this chapter shall, at its own expense:
(1) provide the place for the reinterment of all bodies in the abandoned cemetery;
(2) cause the reinterment in a cemetery of all the bodies removed from the abandoned cemetery that can practically be reburied; and
(3) preserve and cause to be replaced at the grave of each deceased person reinterred in another cemetery any gravestone or other marker found at the grave from which the body was removed.
As added by P.L.52-1997, SEC.32.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 58. Abandonment and Reburial › 23-14-58-4. Lawfulness of Actions

Sec. 4. Actions taken under this chapter by any person acting under the direction of:
(1) a church or religious society; or
(2) the officers or governing body of a church or religious society;
are lawful.
As added by P.L.52-1997, SEC.32.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 58.5. Disposition of Abandoned Burial Spaces › 23-14-58.5-1. Termination of Ownership Rights in an Unused and Unimproved Burial Space

Sec. 1. (a) Subject to this chapter, if a burial space in a cemetery that is subject to IC 23-14-41 or any other Indiana law:
(1) has remained unused for a period of at least fifty (50) years from the date of sale or last recorded designation or transfer; and
(2) has no improvements on the burial space, including the placement of a monument, memorial, or other permanent appurtenance;
the person or entity having jurisdiction over the cemetery may terminate the rights and interests of the owner of the burial space.
(b) After July 1, 2007, a contract for the purchase of a burial space must include notice that the contract is subject to termination as provided in subsection (a).
As added by P.L.113-2007, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 58.5. Disposition of Abandoned Burial Spaces › 23-14-58.5-2. Notice

Sec. 2. (a) If the person or entity having jurisdiction over the cemetery:
(1) desires to terminate the rights and interests of the owner of the burial space; and
(2) determines that the conditions specified in section 1 of this chapter have been met;
the person or entity must send to the owner a notice of the intent to terminate the owner's rights to the burial space.
(b) The notice required under subsection (a) must be sent by certified mail with return receipt requested to the owner's last known address.
As added by P.L.113-2007, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 58.5. Disposition of Abandoned Burial Spaces › 23-14-58.5-3. Duties of Owner; Request for Purchase

Sec. 3. (a) An owner who has received a termination notice under section 2 of this chapter may inform the person or entity having jurisdiction over the cemetery of the owner's continued intent to use the burial space. If the person or entity having jurisdiction over the cemetery has been informed of the owner's intent, the person or entity having jurisdiction over the cemetery may not terminate the rights and interests of the owner of the burial space.
(b) An owner who has received a termination notice under section 2 of this chapter may request the person or entity having jurisdiction over the cemetery to purchase the burial space for the amount originally paid for the burial space.
As added by P.L.113-2007, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 58.5. Disposition of Abandoned Burial Spaces › 23-14-58.5-4. Failure to Respond to Notice; Termination of Owner's Rights; Remedies

Sec. 4. (a) If the person or entity having jurisdiction over the cemetery has not received a response from the owner of the burial space within sixty (60) days after sending the notice required in section 2 of this chapter, the person or entity having jurisdiction over the cemetery shall advertise in a newspaper of general circulation in the county of the owner's last known address seeking the owner's current address.
(b) If a new address for the owner of the burial space is obtained after the advertising required in subsection (a), the notice requirement under section 2 of this chapter must be repeated.
(c) If the person or entity having jurisdiction over the cemetery has not received a response regarding the owner of the burial space within sixty (60) days after placing the advertisement required in subsection (a), the owner's rights and interests in the burial space are terminated. After the rights and interests in a burial space are terminated under this chapter, the person or entity having jurisdiction over the cemetery may sell a burial space to a new owner.
(d) If the owner of a burial space contacts the person or entity having jurisdiction over the cemetery after the owner's rights and interests in the burial space are terminated under this chapter, the owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) If a person or an entity having jurisdiction over the cemetery has resold the burial space, reimbursement for the amount for which the burial space was resold minus the following:
(A) The costs paid by the person or entity having jurisdiction over the cemetery in providing notice and advertising as required under this chapter.
(B) The sales commission costs in the resale of the burial space.
(3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 58.5. Disposition of Abandoned Burial Spaces › 23-14-58.5-5. Penalty

Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a burial space;
(2) knows or should have known the identity of the owner; and
(3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 59. Potential Liability of Cemetery Owner › 23-14-59-1. Immunity From Liability

Sec. 1. A cemetery owner or anyone acting on behalf of a cemetery owner is not liable in any action for:
(1) a burial, entombment, or inurnment in the wrong lot, grave, grave space, burial space, crypt, crypt space, or niche;
(2) a disinterment, disentombment, or disinurnment of the wrong deceased remains;
(3) a repositioning of the remains of a deceased that encroach upon an adjacent lot, space, grave, grave space, or burial space;
(4) setting or installing a marker, monument, any type of memorial, or an outer burial container on the wrong lot, space, grave, grave space, or burial space; or
(5) installing any kind of foundation or other type of base for a marker, monument, or any type of memorial on the wrong lot or burial space.
As added by P.L.52-1997, SEC.33.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 59. Potential Liability of Cemetery Owner › 23-14-59-2. Duties of Owner Upon Wrongful Burial

Sec. 2. When a wrongful burial, entombment, inurnment, disinterment, disentombment, or disinurnment referred to in section 1(1), 1(2), 1(4), or 1(5) of this chapter occurs, the cemetery owner shall:
(1) at the expense of the cemetery owner, correct the wrongful burial, entombment, inurnment, disinterment, disentombment, or disinurnment as soon as practical after becoming aware of the error; and
(2) notify:
(A) the spouse, if living, of the deceased person whose remains were wrongfully buried, entombed, inurned, disinterred, disentombed, or disinurned, or whose outer burial container was wrongfully placed;
(B) the parents, if living, of a deceased minor child whose remains were wrongfully buried, entombed, inurned, disinterred, disentombed, or disinurned, or whose outer burial container was wrongfully placed;
(C) the person or persons whose marker, monument, memorial, foundation, or base was wrongfully placed; or
(D) the person or persons who authorized the original burial, entombment, inurnment, disinterment, disentombment, or disinurnment;
of the occurrence.
As added by P.L.52-1997, SEC.33.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 59. Potential Liability of Cemetery Owner › 23-14-59-3. Errors Caused by Improper Description

Sec. 3. A cemetery owner or anyone acting on behalf of a cemetery owner is not liable in any action for any error made by placing an improper description, including an incorrect name or date, on:
(1) a marker;
(2) a monument;
(3) any type of memorial; or
(4) the container for cremated remains.
As added by P.L.52-1997, SEC.33.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 60. Legalization of Defectively Formed Cemetery Associations and Corporations › 23-14-60-1. Defective Cemetery Associations and Corporations; Rights and Powers

Sec. 1. (a) If:
(1) any number of persons have:
(A) acted together as an association or corporation;
(B) acquired, as an association or corporation, land for cemetery purposes;
(C) sold and granted to persons the right to bury the dead in lots located on the land; and
(D) actually managed and controlled the land as a cemetery for at least thirty (30) years; but
(2) the organization that the persons attempted to establish as a corporation or cemetery association is defective and incomplete because of a failure to comply with the formalities required by law in force at some time since the original parties first assumed to act as an association or corporation;
the owners of the right to bury the dead on lots in the cemetery and those who may acquire the right become and continue to be a cemetery association or corporation from March 14, 1913.
(b) The owners of the right to bury the dead on lots in a cemetery referred to in subsection (a) have all the rights and powers of a cemetery association or corporation organized under this article, IC 23-1, or IC 23-17.
As added by P.L.52-1997, SEC.34. Amended by P.L.2-2002, SEC.74; P.L.163-2006, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 61. Conflicts of Interests by Cemetery Employees › 23-14-61-1. Prohibition Against Acting as Agent or Representative; Approval to Act as Agent or Representative

Sec. 1. (a) This section applies to a sexton, superintendent, manager, director, grounds keeper, caretaker, or other employee of:
(1) a person, firm, association, limited liability company, or corporation that operates or maintains a cemetery for profit; or
(2) a nonprofit cemetery that is supported in whole or in part by the use of public funds.
(b) A sexton, superintendent, manager, director, grounds keeper, caretaker or other employee referred to in subsection (a) shall not:
(1) act as an agent or representative for a manufacturer or dealer of any commodity that is to be used or installed on cemetery property, including monuments or markers; and
(2) receive for those services any consideration, either cash or otherwise;
unless the representation is approved in writing by the governing board of the cemetery.
(c) The written approval given by the governing board of a cemetery under subsection (b) must be:
(1) made a matter of public record; and
(2) prominently displayed in a public place on the cemetery property where it can be easily seen by persons visiting the cemetery property.
As added by P.L.52-1997, SEC.35.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 61. Conflicts of Interests by Cemetery Employees › 23-14-61-2. Unlawful Discrimination or Unfair Trade Practice Prohibited

Sec. 2. A sexton, superintendent, manager, director, grounds keeper, caretaker, or other employee who:
(1) is referred to in section 1(a) of this chapter; and
(2) acts as an agent or representative for a manufacturer or dealer of any commodity that is to be used or installed on cemetery property;
is prohibited from engaging in any unlawful discrimination or unfair trade practice in violation of this article or any other related law against a manufacturer or dealer of a commodity used or installed on cemetery property whom the employee does not represent.
As added by P.L.52-1997, SEC.35.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 61. Conflicts of Interests by Cemetery Employees › 23-14-61-3. Writs of Prohibition

Sec. 3. (a) Upon proper proof of a violation of section 1 or section 2 of this chapter, a court of competent jurisdiction may issue writs of prohibition.
(b) After the issuance of writs of prohibition under subsection (a), a fiscal officer who disburses public money to any:
(1) person;
(2) firm;
(3) association;
(4) limited liability company; or
(5) corporation;
against whom or which a writ of prohibition is in effect is liable on the fiscal officer's bond.
As added by P.L.52-1997, SEC.35.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 62. Conveyance of County Cemeteries to Private Corporations › 23-14-62-1. Application of Chapter

Sec. 1. This chapter applies whenever a majority of the heads of families of a county whose dead are buried in a cemetery owned by the county, either by themselves or with others, organize a corporation for the burial of the dead and the maintenance of a cemetery.
As added by P.L.52-1997, SEC.36.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 62. Conveyance of County Cemeteries to Private Corporations › 23-14-62-2. Petition for Conveyance of Cemetery

Sec. 2. The persons referred to in section 1 of this chapter may file with the board of commissioners of the county in which the cemetery is located a petition asking for the conveyance of the cemetery to the corporation.
As added by P.L.52-1997, SEC.36.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 62. Conveyance of County Cemeteries to Private Corporations › 23-14-62-3. Notice of Filing of Petition; Agreement to Care and Manage Cemetery

Sec. 3. (a) The persons filing the petition under section 2 of this chapter must give notice of the filing in accordance with IC 5-3-1-2 at least three (3) weeks before the filing by publishing a notice concerning the filing of the petition in a weekly newspaper published in the county in which the cemetery is located.
(b) The persons filing the petition under section 2 of this chapter must also file an agreement, with security to be approved by the board, that the corporation will keep the cemetery in good order and honestly and faithfully manage it.
As added by P.L.52-1997, SEC.36.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 62. Conveyance of County Cemeteries to Private Corporations › 23-14-62-4. Powers of Board of Commissioners

Sec. 4. The board of commissioners presented with a petition under section 2 of this chapter, if satisfied:
(1) as to the propriety of granting the request;
(2) as to the sufficiency of the surety;
(3) as to the good faith of the petitioners; and
(4) that a majority of the heads of families of the county are taking part;
may convey the cemetery to the cemetery corporation.
As added by P.L.52-1997, SEC.36.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 62. Conveyance of County Cemeteries to Private Corporations › 23-14-62-5. Powers of Cemetery Corporation

Sec. 5. After a petition is granted under section 4 of this chapter, the cemetery corporation formed by the petitioners may:
(1) control the cemetery;
(2) ornament, beautify, and improve the cemetery;
(3) purchase additions and sell lots in the cemetery;
(4) assess all lots for the care, improvement, and beautification of the cemetery; and
(5) exercise all the powers of a corporation organized under any statute for the purpose of maintaining or managing cemeteries.
As added by P.L.52-1997, SEC.36.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 63. Conveyance of Township Cemeteries to Private Corporations › 23-14-63-1. Application of Chapter

Sec. 1. This chapter applies whenever ten (10) or more heads of families:
(1) who reside in:
(A) a township; or
(B) the immediate vicinity of a cemetery owned by a township; and
(2) who own lots in and whose dead relatives are buried in a cemetery owned by the township;
organize, either by themselves or with others, as a corporation for the burial of the dead and the maintenance of a cemetery.
As added by P.L.52-1997, SEC.37.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 63. Conveyance of Township Cemeteries to Private Corporations › 23-14-63-2. Petition Asking for Conveyance; Notice

Sec. 2. (a) The persons described in section 1 of this chapter may file with the township trustee a petition asking for the conveyance of the cemetery owned by the township to the corporation.
(b) The persons filing the petition under subsection (a) must give notice of the filing at least three (3) weeks before the filing in accordance with IC 5-3-1-2 by publishing a notice concerning the petition in a newspaper:
(1) that is published in the township; or
(2) if there is no newspaper published in the township, in the newspaper published nearest to the township.
As added by P.L.52-1997, SEC.37.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 63. Conveyance of Township Cemeteries to Private Corporations › 23-14-63-3. Requirements of Petitioners

Sec. 3. The persons filing a petition under section 2 of this chapter must:
(1) state in the petition that the corporation would have at the time of taking over the cemetery an endowment or perpetual care fund of at least one thousand dollars ($1,000);
(2) agree to increase the balance in the fund to an amount sufficient to produce enough interest to keep the cemetery in proper condition; and
(3) agree to:
(A) keep the cemetery in good order; and
(B) honestly and faithfully manage the cemetery.
As added by P.L.52-1997, SEC.37.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 63. Conveyance of Township Cemeteries to Private Corporations › 23-14-63-4. Duties of Township Trustee

Sec. 4. The township trustee, if satisfied that the petition is signed by a majority of the owners of lots in the cemetery who are residents of the township or of the immediate vicinity of the cemetery, shall convey the cemetery to the corporation formed by the petitioners.
As added by P.L.52-1997, SEC.37.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 63. Conveyance of Township Cemeteries to Private Corporations › 23-14-63-5. Powers and Duties of Corporation

Sec. 5. (a) A corporation to which a cemetery is conveyed under section 4 of this chapter:
(1) shall control the cemetery;
(2) shall ornament, beautify, and improve the cemetery;
(3) may purchase additions and sell lots in the cemetery;
(4) may assess all lots for the care, improvement, and beautification of the cemetery;
(5) may receive and hold in trust gifts, donations, and legacies to be devoted to the purposes referred to in subdivisions (1) through (4); and
(6) may exercise all the powers of a corporation organized under any statute for the purpose of owning, managing, and maintaining cemeteries.
(b) All actions that the corporation takes in accordance with statutes concerning cemeteries before the cemetery is conveyed by the township trustee to the corporation are valid and binding on all parties involved in the actions.
As added by P.L.52-1997, SEC.37.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 64. Conveyance of Cemetery Association Land to Townships › 23-14-64-1. Application of Chapter

Sec. 1. This chapter applies whenever the board of directors of a cemetery association existing under any Indiana statute before March 9, 1939, determines by a majority vote to convey the real estate belonging to the association to the township in which the association's cemetery is located.
As added by P.L.52-1997, SEC.38.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 64. Conveyance of Cemetery Association Land to Townships › 23-14-64-2. Public Cemetery

Sec. 2. A township trustee may accept a conveyance of real estate described in section 1 of this chapter. After the conveyance, the township trustee shall maintain the cemetery as a public cemetery.
As added by P.L.52-1997, SEC.38.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 64. Conveyance of Cemetery Association Land to Townships › 23-14-64-3. Payment and Use of Cash, Securities, or Other Assets

Sec. 3. (a) If a cemetery association that conveys real estate to a township under this chapter has endowment funds, cash, securities, or other assets, the funds, cash, securities, or other assets shall be paid over to the township trustee when the real estate owned by the association is conveyed to the township.
(b) A township trustee who receives cash, securities, endowment funds, or other assets under subsection (a) may use them only:
(1) to purchase additional land for the cemetery;
(2) to make permanent improvements to the cemetery; or
(3) for the upkeep and maintenance of the cemetery.
As added by P.L.52-1997, SEC.38.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 64. Conveyance of Cemetery Association Land to Townships › 23-14-64-4. Payment of Administration Expenses

Sec. 4. All expenses incurred by the trustee in administering this chapter shall be paid out of the township fund of the township.
As added by P.L.52-1997, SEC.38.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-1. "Cemetery Board" Defined

Sec. 1. As used in this chapter, "cemetery board" means:
(1) the board to which the power to govern cemeteries is transferred under this chapter; or
(2) if the power to govern cemeteries is not transferred under this chapter, the legislative body of a municipality.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-2. "Executive" Defined

Sec. 2. As used in this chapter, "executive" means:
(1) the mayor of a city; or
(2) the president of the town council of a town.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-3. "Legislative Body" Defined

Sec. 3. As used in this chapter, "legislative body" means:
(1) the common council or city-county council of a city; or
(2) the town council of a town.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-5. Application of Chapter

Sec. 5. This chapter applies to all public cemeteries that are:
(1) owned by a municipality; and
(2) located within five (5) miles of the municipality.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-6. Powers and Duties of Legislative Body

Sec. 6. (a) The legislative body of a municipality has control and management of a cemetery that is:
(1) owned by the municipality; and
(2) located within five (5) miles of the municipality.
(b) The powers and duties of the legislative body under this section include the following:
(1) The collection, preservation, and payment of all money, funds, securities, obligations, and property of any kind related to cemetery purposes.
(2) The protection of cemeteries and the sanctity of the dead.
(3) The regulation or prohibition of the interment of bodies.
(4) The authorization of the removal of buried bodies or whole cemeteries to some other place.
(c) The powers of the legislative body of a municipality under this section remain in effect by ordinance or resolution despite the repeal of Acts 1927, c. 7.
(d) The legislative body must review the status of the control and management of a cemetery for which it is responsible under subsection (a) at least once every ten (10) years.
As added by P.L.52-1997, SEC.39. Amended by P.L.113-2022, SEC.10.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-7. Permanent Maintenance Fund

Sec. 7. (a) Part of the proceeds derived from the sale of lots within a cemetery to which this chapter applies may be set aside as a permanent maintenance fund.
(b) Not more than fifty percent (50%) of the proceeds from the sale of lots may be set aside as a permanent maintenance fund under this section.
(c) The income from a permanent maintenance fund established under this section shall remain in the fund, except as provided in subsection (d).
(d) If the revenue from the sale of lots and other income from a cemetery to which this chapter applies becomes insufficient to meet the expense of maintaining the cemetery, income derived from the fund and its accretions may be used in whole or in part as the needs of the cemetery require, after appropriation by the legislative body according to statute.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-8. Gifts, Donations, Bequests, or Devises

Sec. 8. (a) The legislative body of a municipality may by ordinance or resolution accept gifts, donations, bequests, or devises of money or real or personal property for the use of the:
(1) cemetery; or
(2) permanent maintenance fund of the cemetery.
(b) Except as provided in subsection (c), a municipality shall use:
(1) gifts, donations, bequests, or devises accepted under subsection (a); and
(2) income or interest derived from the gifts, donations, bequests, or devises;
in the same manner as the municipality uses proceeds from the sale of lots.
(c) If a gift, donation, bequest, or devise of money or real or personal property is given or made for the use of a particular lot or plot of ground, the income from the gift, donation, bequest, or devise may be used only for the upkeep and maintenance of that particular lot or plot of ground.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-9. Transfer of Control and Management to Public Works or Public Works and Safety Board

Sec. 9. A city may, by ordinance, transfer the control and management of a cemetery to which this chapter applies to the:
(1) board of public works; or
(2) board of public works and safety;
of the city.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-10. Transfer of Control and Management to Board of Trustees

Sec. 10. (a) A city or a town may, by ordinance, transfer the control and management of a cemetery to which this chapter applies to a board of trustees.
(b) The ordinance transferring the control and management of a cemetery under subsection (a) must prescribe:
(1) the organization of the board; and
(2) the duties of the officers and members of the board.
(c) Members of a board of trustees established under subsection (a) shall be appointed from the lot owners of the cemetery who are residents of the county in which the cemetery is located.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-11. Transfer of Control and Management to Board of Cemetery Regents; Board Members

Sec. 11. (a) A city or town may, by ordinance, transfer the control and management of a cemetery to which this chapter applies to a board composed of four (4) residents of the municipality. Not more than two (2) of the residents appointed may be members of the same political party.
(b) Each board member appointed to the board established under subsection (a) must:
(1) own a lot in the cemetery or cemeteries to which this chapter applies; or
(2) be a freeholder of the municipality.
(c) The executive of the municipality shall appoint the members of the board established under subsection (a) to initial terms as follows:
(1) one (1) member for a term of one (1) year;
(2) one (1) member for a term of two (2) years;
(3) one (1) member for a term of three (3) years; and
(4) one (1) member for a term of four (4) years.
(d) Each member appointed under this section serves until the member's successor is appointed and qualified. After the initial term referred to in subsection (c), the member, if reappointed, or the member's successor serves for a term of four (4) years.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-12. Board of Cemetery Regents; Members; Vacancy; Quorum; Removal

Sec. 12. (a) A board appointed under section 11 of this chapter is known as "The Board of Cemetery Regents of the City (Town) of ____________, Indiana".
(b) The officers of a board of cemetery regents consist of:
(1) a president;
(2) a vice president; and
(3) a secretary;
who shall be elected by the board members at the first meeting of the board and in each subsequent year.
(c) A vacancy on a board of cemetery regents shall be filled by appointment by the executive of the city or town. The person appointed serves until the expiration of the term of the member whom the appointee is appointed to replace.
(d) Each member of a board of cemetery regents:
(1) must take and subscribe to the usual oath of office before beginning the duties of office; and
(2) shall be issued a certificate of appointment, upon which the member's oath of office must be endorsed.
(e) A new member of a board of cemetery regents shall file the certificate of appointment with the clerk or clerk-treasurer of the municipality within thirty (30) days after the beginning of the new member's term. If an individual who is appointed to a board of cemetery regents violates this subsection, the individual is considered to have declined the appointment and, the office to which the individual was appointed is vacant.
(f) A majority of the members of a board of cemetery regents constitutes a quorum. An action of the board is binding only if:
(1) it is authorized by a vote taken at a regular or special meeting of the board; and
(2) a majority of all the members of the board vote in favor of the action.
(g) If there is a tie vote or equal division among the members of the board upon any motion, resolution, or action, the executive of the municipality is entitled to vote on the matter under consideration.
(h) The executive of a municipality may, at any time, remove a member of the board from office upon filing the reasons for the removal in writing with the clerk or clerk-treasurer of the municipality.
(i) The legislative body of the municipality may authorize compensation for actual expenses incurred by members of the cemetery board in performance of their official duties, including any additional compensation that the legislative body determines.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-12.5. Transfer of Control and Management to Cemetery Caretaker

Sec. 12.5. A municipality may, by ordinance, transfer the control and management of a cemetery to which this chapter applies to a cemetery caretaker.
As added by P.L.113-2022, SEC.11.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-13. Notice of Proposed Transfer of Management and Control; Hearing

Sec. 13. (a) Before adopting an ordinance transferring its powers and duties over a cemetery under section 9, 10, or 11 of this chapter, the legislative body of a municipality must first give notice of its intention by notice published once each week for two (2) weeks in accordance with IC 5-3-1. The notice must announce a hearing at which the legislative body will hear any objections by any taxpayer or owner of a lot in the cemeteries.
(b) The hearing referred to in subsection (a) must:
(1) be set for a date at least two (2) weeks after the first publication of the notice;
(2) be held at a designated location; and
(3) provide all taxpayers or owners of lots in the cemeteries an opportunity to be heard.
(c) The legislative body shall give careful consideration to the views of the lot owners and taxpayers as expressed at the hearing referred to in subsection (a). Not less than five (5) days after the hearing, the legislative body shall adopt or defeat the ordinance under which its powers and duties over a cemetery would be transferred.
(d) If the ordinance referred to in subsection (c) is adopted, all papers and documents appropriate for the transfer of the management and control of the property or properties must be executed in behalf of the municipality by:
(1) the executive and clerk or clerk-treasurer of the municipality; and
(2) the agents of the cemetery.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-13.5. Notice of Proposed Transfer of Management; Hearing

Sec. 13.5. (a) This section applies to a municipality transferring the control and management of a cemetery under section 12.5 of this chapter.
(b) The executive of a municipality may nominate a person to serve as cemetery caretaker in a proposed ordinance. After a nomination is made, the legislative body of the municipality shall schedule a hearing at which the legislative body will hear any objections to the proposed ordinance. The legislative body shall publish notice of the hearing once each week for two (2) weeks in accordance with IC 5-3-1.
(c) The hearing required by subsection (b) must:
(1) be set for a date that is:
(A) at least two (2) weeks after the first publication of notice; and
(B) not later than sixty (60) days after the executive provides the legislative body with notice of the executive's nomination;
(2) be held at a designated location; and
(3) provide all taxpayers or owners of lots in the cemetery an opportunity to be heard.
(d) Not later than thirty (30) days after the hearing, the legislative body shall conduct a vote to adopt or defeat the proposed ordinance. For purposes of this subsection, a majority of the legislative body must vote to adopt the proposed ordinance for the ordinance to be adopted.
(e) If a proposed ordinance is adopted under this section, all papers and documents appropriate for the transfer of the control and management of the cemetery must be executed by the executive of the municipality.
As added by P.L.113-2022, SEC.12.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-13.7. Cemetery Caretaker Vacancy

Sec. 13.7. (a) If a cemetery caretaker is appointed under section 13.5 of this chapter and the position becomes vacant, the executive of the municipality shall nominate a new cemetery caretaker not later than ninety (90) days after the position becomes vacant.
(b) If the executive of a municipality fails to nominate a new cemetery caretaker in the time period specified in subsection (a), the legislative body of the municipality may nominate and vote on a new cemetery caretaker using the procedure set forth in section 13.5 of this chapter.
As added by P.L.113-2022, SEC.13.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-14. Bond

Sec. 14. Each officer and employee whose duty includes handling any funds in carrying out this chapter shall, in the manner prescribed by IC 5-4-1, execute an official bond before beginning the duties of office or employment.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-15. Powers of Cemetery Board

Sec. 15. A cemetery board may:
(1) make all necessary rules and regulations for the management of the cemetery or cemeteries over which it has control and management;
(2) sell lots or parts of lots at prices that the board considers reasonable; and
(3) require payment for sales:
(A) in cash; or
(B) partly in cash and the balance in deferred payments spread over a time the board considers reasonable.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-16. Execution of Deed; Requirements for Deferred Payment Sales

Sec. 16. (a) In the case of cash sales of lots under section 15 of this chapter, a deed to the property sold shall be executed on behalf of the municipality by the cemetery board to the purchaser.
(b) The following requirements apply to sales of lots under section 15 of this chapter that are made on a deferred payment basis:
(1) The transaction shall be evidenced by a written contract of sale executed by and between the board and the purchaser.
(2) Title to the lot shall be reserved in the municipality until the purchase price is paid in full.
(3) If the purchaser dies before payment in full has been completed, but after at least fifty percent (50%) of the purchase price has been paid, the balance of the purchase price shall be canceled and a deed for the property shall be executed by the cemetery board on behalf of the municipality to the heirs of the purchaser.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-17. Employment of Agents and Employees; Collection and Receipt of Money

Sec. 17. A cemetery board:
(1) may employ agents for the sale of cemetery lots or part of lots and pay the agents compensation for services that the board considers reasonable;
(2) may employ all necessary superintendents, attorneys, engineers, and other employees and discharge them at the board's pleasure;
(3) may collect and receive all money owed for:
(A) the sale of lots;
(B) the care of lots;
(C) the care of graves;
(D) the digging of graves; and
(E) all other services rendered; and
(4) shall use and disburse the money received for the preservation, care, and improvement of the cemetery or cemeteries over which it has control and management.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-18. Purchase of Property

Sec. 18. (a) A cemetery board may purchase on behalf of the municipality any other property for cemetery purposes that is located within five (5) miles from the corporate limits of the municipality.
(b) A cemetery board may purchase property that:
(1) adjoins; or
(2) is located conveniently near;
a cemetery that is under the control of the board for additions to the cemetery. The property must be used, held, and managed in the same manner as the adjoining or nearby cemetery or cemeteries, but is subject to the approval of the executive and legislative body of the municipality.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-19. Financial Report; Budget; Expenditure of Money

Sec. 19. (a) During January of each year, a cemetery board shall make a report to the legislative body of the municipality. The report must:
(1) provide information on:
(A) the financial condition of the cemetery board; and
(B) the business done by the cemetery board during the previous year; and
(2) include a statement showing the receipts and expenditures of the cemetery board for the year.
(b) A cemetery board shall annually prepare a budget for the cemetery or cemeteries under its control in the same manner as other offices and departments of the municipality prepare budgets. The budget of the cemetery board is subject to review under the budget statutes applying to municipalities.
(c) A cemetery board may not expend funds without prior appropriation by the legislative body of the municipality. If the revenues of the cemetery board are not sufficient to meet the:
(1) current operating expenses; and
(2) amounts to be paid for the purchase of cemetery lands or other property;
the deficiency in the revenues may be resolved through an appropriation from the general fund of the municipality.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-20. Awarding of Contracts

Sec. 20. A cemetery board shall award contracts in accordance with IC 5-16-1 and IC 5-17-1.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-21. Eminent Domain

Sec. 21. (a) A cemetery board may exercise the power of eminent domain:
(1) within the boundaries of the municipality; and
(2) also outside the municipality, within a distance of five (5) miles from the corporate limits of the municipality;
for the purpose of acquiring additional cemetery lands.
(b) A cemetery board may pay damages to landowners for the lands and property taken or injuriously affected, proceeding in accordance with the statutes applying to municipalities when exercising the power of eminent domain.
(c) A cemetery board may bring suit in the name of the cemetery board in eminent domain proceedings and in other matters whenever the action is necessary to protect the interests of the cemetery board in its conduct and discharge of its duties or obligations, rights, and privileges. A suit may be brought against the cemetery board in its own name.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-22. Delivery of Money to Controller or Clerk-Treasurer; Payment of Expenses

Sec. 22. (a) A cemetery board shall daily deliver all money, funds, and revenues it receives to the controller or clerk-treasurer of the municipality, who shall give the board a receipt. The amounts delivered by the cemetery board shall be credited to the account of the cemetery board and deposited in accordance with IC 5-13-6.
(b) All expenses incurred by the cemetery board shall be paid by claims allowed and signed by a majority of the cemetery board. The claims shall be delivered to the controller or clerk-treasurer of the municipality, and warrants in payment of the claims shall be drawn on the municipal treasury.
As added by P.L.52-1997, SEC.39.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 65. City and Town Cemeteries › 23-14-65-23. Acceptance and Receipt of Real and Personal Property

Sec. 23. (a) A cemetery board may accept and receive real and personal property:
(1) through gift, legacy, or bequest; and
(2) upon terms, conditions, or trusts that the donor or testator designates;
for use concerning the operation, maintenance, and preservation of cemeteries or a part of a cemetery.
(b) The property received under subsection (a) is exempt from all taxation.
(c) If:
(1) a cemetery board receives money under subsection (a); and
(2) the money is not required currently to carry out the purpose or trusts upon which the money was received;
the cemetery board shall invest the money in accordance with IC 5-13-9. For investment purposes under this subsection, the cemetery board shall give preference to the purchase of bonds or securities issued and negotiated by the municipality.
(d) A cemetery board shall use the income from securities purchased under subsection (c) to carry out the trusts upon which the gift was made.
As added by P.L.52-1997, SEC.39.