8-5-2 - Action in district court for title to lots.
8-5-2. Action in district court for title to lots.
If either the grantee, or person claiming through the grantee, fails to comply with thedemand or notice, the municipality or cemetery maintenance district may bring an action in thedistrict court of the county in which the cemetery is located against all parties who have notresponded to the notice for the purpose of terminating the rights of the parties in the lots orparcels and restoring the lots or parcels to the municipality or cemetery maintenance district freeof any right, title, or interest of the grantee, persons claiming through the grantee, their heirs, orassigns. Any action to reclaim title to grave sites, parcels, or lots shall be brought and determinedin the same manner as actions concerning other real property. The portion of any grave site, lot,or parcel in which a body is buried may not be included in any action to revest title to the lot, site,or parcel in the municipality or cemetery maintenance district, and the grave site in which a bodyis interred shall remain undisturbed together with any adjoining property so as to allow the properapproach to the grave site.
Amended by Chapter 123, 2002 General Session