CHAPTER 63. CONVEYANCE OF TOWNSHIP CEMETERIES TO PRIVATE CORPORATIONS
IC 23-14-63
Chapter 63. Conveyance of Township Cemeteries to Private
Corporations
IC 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.
IC 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.
IC 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.
IC 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.
IC 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.