8-5-1 - Unused or unkept lots -- Notice procedures.
8-5-1. Unused or unkept lots -- Notice procedures.
(1) If a municipality or cemetery maintenance district owns a cemetery and has conveyedcemetery lots or parcels by deed with or without restrictions, and the grantee, or persons claimingthrough the grantee, for more than 60 years:
(a) have not used portions of the lots or parcels for purposes of burial and have notprovided for the care of the lots or parcels beyond that uniformly provided for all lots of thecemetery, and during the 60-year period have not given the municipality or cemetery maintenancedistrict written notice of any claim or interest in the lots or parcels; or
(b) have not used a portion of the lots or parcels for purposes of burial and have not keptthe lots or parcels free of weeds or brush, but have allowed it to remain entirely unimproved formore than 20 years, and the lots or parcels are located in the portion of the cemetery where theyadjoin or are adjacent to improved parts of the cemetery and by reason of their unimprovedcondition detract from the appearance of the cemetery, interfere with its harmoniousimprovements, and furnish a place for the growth of weeds and brush, then the municipality orcemetery maintenance district shall demand of the grantee or persons claiming through thegrantee either of the following:
(i) that they file with the municipality or cemetery maintenance district a written notice ofclaim or interest in and to the lots or parcels recorded by evidence of their claim of ownershipwithin 50 days after the service of a copy of the notice of demand; or
(ii) that they keep the premises clear of weeds and in a condition of harmony with otheradjoining lots.
(2) The municipality or cemetery maintenance district shall serve a copy of the demandor notice required by Subsection (1) on the grantee or persons claiming through the grantee inaccordance with the Utah Rules of Civil Procedure.
Amended by Chapter 123, 2002 General Session