Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 149--H.F.No. 171
           An act relating to public cemeteries; providing for 
          simplified reinvestment in the cemetery association of 
          certain unused cemetery land; amending Minnesota 
          Statutes 1982, section 306.241; proposing new law 
          coded in Minnesota Statutes, chapter 306.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 306.241, is 
amended to read: 
    306.241 [DEPOSIT OF NET PROCEEDS FROM LOT RESALES.] 
    All of the proceeds from the subsequent resale of any lots 
or parcels the title to which has been revested in the 
corporation pursuant to sections 306.21 to 306.24, or section 2, 
less the costs and expenses incurred in such proceedings 
approved by the district court, shall become a part of the 
permanent care and improvement fund of the corporation.  
    Sec. 2.  [306.242] [TITLE TO BURIAL LOTS REGAINED BY 
ASSOCIATION AFTER 60 YEARS.] 
    Subdivision 1.  [SCOPE.] As an alternative to the procedure 
in sections 306.21 to 306.241, a cemetery association 
incorporated in Minnesota may use the procedures in this section 
to reinvest itself with the title to a portion of a cemetery 
which was conveyed by deed to a person but which has not been 
used for the purposes of burial for more than 60 years.  
    Subd. 2.  [REQUIRED STATEMENT OF OWNER'S INTEREST.] The 
governing board of a cemetery association may pass a resolution 
demanding that the owner of a portion of a cemetery which has 
been unused for more than 60 years express an interest in the 
cemetery plot.  The board must then personally serve a copy of 
its resolution on the owner in the same manner as personal 
service of process in a civil action.  The resolution must 
notify the owner that the owner must, within 60 days of service 
of the resolution on the owner, express an interest in retaining 
the cemetery plot and submit satisfactory evidence of an 
intention to use the plot for a future burial.  
    Subd. 3.  [PUBLISHED NOTICE; SUBSTITUTE SERVICE.] If the 
owner cannot be personally served with the resolution of the 
board, as required in subdivision 2, because the owner cannot be 
found in this state or for another valid reason, the board must 
publish its resolution for three successive weeks in a legal 
newspaper published in the county and must mail a copy of the 
resolution within 14 days after the third publication to the 
owner's last known address.  
    Subd. 4.  [REINVESTMENT.] If, for 30 days after the first 
day of May following the service or publication of the board's 
resolution, the owner or person with a legal interest in the 
cemetery plot fails to state a valid interest in the use of the 
cemetery plot for burial purposes, the owner's rights are 
terminated and that portion of the cemetery once again belongs 
to the cemetery association.  
    Sec. 3.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved May 17, 1983