2005 Minnesota Statutes

CHAPTER 307. Private cemeteries

     307.01 Plat and record. 

    Any private person and any religious corporation may 
 establish a cemetery on the person's or corporation's own land 
 in the following manner:  The land shall be surveyed and a plat 
 thereof made.  A stone or other monument shall be established to 
 mark one corner of such cemetery, and its location shall be 
 designated on the plat.  The plat and the correctness thereof 
 shall be certified by the surveyor, whose certificate shall be 
 endorsed thereon, and with such endorsement shall be filed for 
 record with the county recorder in the county where the cemetery 
 is located, showing the area and location of the cemetery.  Any 
 person or association owning such private cemetery may subdivide 
 or rearrange the same, from time to time, as may be necessary in 
 the conduct of the business, but no plat of such subdivision or 
 rearrangement shall interfere with the rights and privileges of 
 the several lot owners of such cemetery without their consent, 
 nor need same be filed in the office of the county recorder; 
 provided, that a plat of the same shall be kept for public 
 inspection at such cemetery; and, provided, further, that there 
 shall be placed at the corner of each lot of such subdivision or 
 rearrangement cement or other nondestructible markers three 
 inches or more in diameter and eight inches or more in length, 
 one of such markers showing the number of the lot. 

    HIST: (7625) RL s 2960; 1923 c 360 s 1; 1976 c 181 s 2; 1986 c 
 444 

     307.02 Effect of recorded plat.  

    When such plat has been recorded, every donation or grant 
 of lands therein to the public, to any religious corporation, or 
 to any individual, shall be deemed a conveyance of such lands, 
 subject to the conditions and restrictions, if any, contained 
 therein.  Every conveyance of such lots shall be expressly for 
 burial purposes, and the lands designated on the plat as 
 streets, alleys, ways, commons, or other public uses shall be 
 held by the owner of the cemetery in trust for the uses and 
 purposes thereon indicated.  

    HIST: (7626) RL s 2961 

     307.03 Religious corporations may acquire existing 
  cemeteries.  

    Any religious corporation, or two or more together, may 
 acquire, by gift or purchase, the cemetery lands and property of 
 any cemetery association or private cemetery, and every such 
 association, and the owner of any private cemetery, are hereby 
 empowered to convey to religious corporations any cemetery land 
 or property.  

    HIST: (7627) RL s 2962 

     307.04 Conveyance of lots.  

    Every religious corporation owning such cemetery may sell 
 and convey lots therein for burial purposes only.  Deeds thereof 
 may be executed by the treasurers of such corporations, or by 
 one or more of the trustees thereunto authorized by resolution 
 duly adopted by its board of trustees.  

    HIST: (7628) RL s 2963 

     307.05 Gifts authorized for proprietary care of lots in 
  cemeteries.  

    Gifts, grants and bequests of personal property to any 
 trust company, or to one or more individuals and their 
 successors, in trust for the purpose of perpetual care, 
 maintenance, and adornments of lots in private cemeteries and 
 the walks, monuments, and structures thereon are permitted.  
 They shall not be deemed invalid as violating any existing law 
 against perpetuities or suspension of the power of alienation; 
 and, in furtherance thereof, any trust company or individual 
 trustee and the trustee's successors may take and hold in trust 
 the title to any one or more of such lots in such private 
 cemetery in perpetuity.  

    HIST: (7629) 1919 c 22 s 1; 1986 c 444 

     307.06 Transfer to association; how effected. 

    Any private cemetery established, platted, and recorded 
 under the laws of this state may consolidate with and transfer 
 its property, for cemetery purposes only, to any cemetery 
 association or corporation organized under the laws of this 
 state which is contiguous to, or adjacent to, such cemetery 
 corporation.  

    To so consolidate and transfer its property it shall be 
 necessary: 

    (1) that a resolution be passed by a two-thirds vote of the 
 lot owners and members of such private cemetery, represented, 
 present, and voting at a special meeting called for that 
 purpose, which resolution shall recite what cemetery corporation 
 or association it is proposed to consolidate with and transfer 
 its property to, and the terms and conditions thereof; and 30 
 days' notice of such meeting shall be previously given by mail 
 to each lot owner of such private cemetery whose address can be 
 determined using reasonable diligence of the time and place when 
 such meeting is to be held, reciting the purpose thereof, which 
 notice shall be signed by at least five lot owners; and 

    (2) that the resolution shall be signed and acknowledged by 
 the presiding officer and secretary of such meeting and shall be 
 recorded with the county recorder of the county in which the 
 private cemetery is situated. 

    HIST: (7630) 1905 c 38 s 1; 1976 c 181 s 2; 1984 c 543 s 17; 
 1985 c 248 s 51; 2005 c 4 s 43 

     307.07 Effect of transfer. 

    When such resolution shall have been passed and certified 
 to by the presiding officer and secretary of such meeting and 
 recorded in the office of the county recorder, as aforesaid, and 
 the terms and conditions of consolidation shall have been 
 accepted by the board of directors or trustees of such cemetery 
 corporation, such private cemetery shall become a part of such 
 cemetery corporation or association, and subject thereafter to 
 all the rules and regulations and laws governing such cemetery 
 corporation or association.  It shall be lawful for the owners 
 of such private cemetery to transfer and convey to such cemetery 
 corporation or association all unsold lots in such private 
 cemetery to such cemetery corporation or association to be used 
 for burial purposes only, and any such conveyance heretofore 
 made is hereby legalized and such cemetery corporation or 
 association shall hold in trust, to and for the uses and 
 purposes aforesaid, all streets, alleys, ways, and commons, and 
 the other public uses, in such private cemetery in lieu of the 
 owner thereof. 

    HIST: (7631) 1905 c 38 s 2; 1976 c 181 s 2; 2005 c 4 s 44 

     307.08 Damages; illegal molestation of human remains; 
  burials; cemeteries; penalty. 

    Subdivision 1.    Legislative intent; scope.  It is a 
 declaration and statement of legislative intent that all human 
 burials and human skeletal remains shall be accorded equal 
 treatment and respect for human dignity without reference to 
 their ethnic origins, cultural backgrounds, or religious 
 affiliations.  The provisions of this section shall apply to all 
 human burials or human skeletal remains found on or in all 
 public or private lands or waters in Minnesota.  

    Subd. 2.    Felony; gross misdemeanor.  A person who 
 intentionally, willfully, and knowingly destroys, mutilates, 
 injures, disturbs, or removes human skeletal remains or human 
 burial grounds, is guilty of a felony.  A person who 
 intentionally, willfully, or knowingly removes any tombstone, 
 monument, or structure placed in any public or private cemetery 
 or unmarked human burial ground, or any fence, railing, or other 
 work erected for protection or ornament, or any tree, shrub, or 
 plant or grave goods and artifacts within the limits of the 
 cemetery or burial ground, and a person who, without authority 
 from the trustees, state archaeologist, or Indian affairs 
 council, discharges any firearms upon or over the grounds of any 
 public or private cemetery or authenticated and identified 
 Indian burial ground, is guilty of a gross misdemeanor. 

    Subd. 3.    Protective posting.  Every authenticated and 
 identified burial ground may be posted for protective purposes 
 every 75 feet around its perimeter with signs listing the 
 activities prohibited by subdivision 2 and the penalty for 
 violation of it.  Posting is at the discretion of the Indian 
 affairs council in the case of Indian burials or at the 
 discretion of the state archaeologist in the case of non-Indian 
 burials.  

    Subd. 3a.    Authentication.  The state archaeologist 
 shall authenticate all burial sites for purposes of this section 
 and may enter on property for the purpose of authenticating 
 burial sites.  Only after obtaining written permission from the 
 property owner or lessee, descendants of persons buried in 
 burial sites covered by this section may enter the burial sites 
 for the purpose of conducting religious ceremonies.  This right 
 of entry must not unreasonably burden property owners or 
 unnecessarily restrict their use of the property. 

    Subd. 4.    State archaeologist.  The state shall retain 
 the services of a qualified professional archaeologist, approved 
 by the state archaeologist and the Indian Affairs Council, for 
 the purpose of gathering information to authenticate or identify 
 Indian burial grounds when requested by a concerned scientific 
 or contemporary Indian ethnic group, when Indian burials are 
 known or suspected to exist on public lands or waters controlled 
 by the state or political subdivision. 

    Subd. 5.    Cost; use of data.  The cost of 
 authentication, identification, marking, and rescue of unmarked 
 or unidentified burial grounds or burials shall be the 
 responsibility of the state.  The data collected by this 
 activity that has common value for natural resource planning 
 must be provided and integrated into the Minnesota land 
 management information system's geographic and summary databases 
 according to published data compatibility guidelines.  Costs 
 associated with this data delivery must be borne by the state. 

    Subd. 6.    Approval of signs.  The size, description 
 and information on the signs must be approved by the Minnesota 
 State Historical Society. 

    Subd. 7.    Remains found outside of cemeteries.  All 
 unidentified human remains or burials found outside of platted, 
 recorded, or identified cemeteries and in contexts which 
 indicate antiquity greater than 50 years shall be dealt with 
 according to the provisions of this section.  If such burials 
 are not Indian or their ethnic identity cannot be ascertained, 
 as determined by the state archaeologist, they shall be dealt 
 with in accordance with provisions established by the state 
 archaeologist.  If such burials are Indian, as determined by the 
 state archaeologist, efforts shall be made by the state 
 archaeologist and the Indian Affairs Council to ascertain their 
 tribal identity.  If their probable tribal identity can be 
 determined, such remains shall at the discretion of the state 
 archaeologist and Indian Affairs Council, be turned over to 
 contemporary tribal leaders for disposition.  If it is deemed 
 desirable by the state archaeologist or the Indian Affairs 
 Council, such remains shall be studied by a qualified 
 professional archaeologist before being delivered to the tribal 
 leaders.  If tribal identity cannot be determined, the Indian 
 remains must be dealt with in accordance with provisions 
 established by the state archaeologist and the Indian Affairs 
 Council.  

    Subd. 8.    Burial ground relocation.  No authenticated 
 and identified Indian burial ground may be relocated unless the 
 request to relocate is approved by the Indian Affairs Council.  
 When the Indian burial ground is located on public lands or 
 waters, the cost of removal is the responsibility of and shall 
 be paid by the state or political subdivision controlling the 
 lands or waters.  If large Indian burial grounds are involved, 
 efforts shall be made by the state to purchase and protect them 
 instead of removing them to another location. 

    Subd. 9.    Interagency cooperation.  The Department of 
 Natural Resources, the Department of Transportation, and all 
 other state agencies and local governmental units whose 
 activities may be affected, shall cooperate with the state 
 archaeologist and the Indian Affairs Council to carry out the 
 provisions of this section. 

    Subd. 10.    Construction and development plan review.  
 When Indian burials are known or suspected to exist, on public 
 lands or waters, the state or political subdivision controlling 
 the lands or waters shall submit construction and development 
 plans to the state archaeologist and the Indian Affairs Council 
 for review prior to the time bids are advertised.  The state 
 archaeologist and the Indian Affairs Council shall promptly 
 review the plans and make recommendations for the preservation 
 or removal of the human burials or remains, which may be 
 endangered by construction or development activities. 

    Subd. 11.    Burial sites data.  Burial sites locational 
 and related data maintained by the Office of the State 
 Archaeologist and accessible through the office's "Unplatted 
 Burial Sites and Earthworks in Minnesota" Web site are security 
 information for purposes of section 13.37.  Persons who gain 
 access to the data maintained on the site are subject to 
 liability under section 13.08 and the penalty established by 
 section 13.09 if they improperly use or further disseminate the 
 data. 

    HIST: (7632) RL s 2964; 1976 c 48 s 1; 1980 c 457 s 1; 1983 c 
 282 s 1-4; 1986 c 463 s 1; 1989 c 335 art 1 s 199; 1993 c 326 
 art 4 s 9; 1999 c 86 art 1 s 64-67; 1Sp2003 c 8 art 2 s 17 

     307.082 Civil actions. 

    Subdivision 1.    Who may bring.  An action under this 
 section may be maintained by the attorney general; a state 
 agency or political subdivision; an individual residing within 
 this state; or a partnership, corporation, association, company, 
 or other entity with shareholders, members, partners, or 
 employees residing within this state. 

    Subd. 2.    Action.  A person or entity listed in 
 subdivision 1 may maintain a civil action seeking a temporary or 
 permanent injunction, damages, or other appropriate relief 
 against a person who is alleged to have committed a violation of 
 section 307.08, subdivision 2.  The action must be brought 
 within two years after the alleged violation is discovered and 
 reported to the state archaeologist or the Indian affairs 
 council.  The action must be filed in either the district court 
 of the county in which the subject burial ground is located or 
 in which the defendant resides. 

    HIST: 1993 c 288 s 1; 1994 c 469 s 1 

     307.09 Exemptions.  

    Subdivision 1.    Extent of exemptions.  All lands, not 
 exceeding 100 acres in extent, and in the case of cemeteries 
 owned and managed by religious corporations, or corporations 
 solely owned and controlled by and in the interest of any 
 religious denomination, 300 acres in extent, so laid out and 
 dedicated as a private cemetery, shall be exempt from public 
 taxes and assessments, and shall not be liable to levy and sale 
 on execution, or to be applied in payment of the debts of any 
 owner thereof, so long as the same remains appropriated to the 
 use of a cemetery; and no road or street shall be laid through 
 the same without the consent of the owners.  

    Subd. 2.    Special assessments.  Nothing contained in 
 subdivision 1 shall be construed to exempt cemetery property 
 owned or leased by any corporation, association, partnership, 
 proprietorship or any other organization from any special 
 assessment unless such corporation, association, partnership, 
 proprietorship or other organization 

    (a) was formed for a purpose not involving pecuniary gain 
 to its shareholders or members; and 

    (b) pays no dividends or other pecuniary remuneration 
 directly or indirectly to its shareholders or members as such.  

    HIST: (7633) RL s 2965; 1913 c 137 s 1; 1927 c 295 s 3; 1969 c 
 980 s 2 

     307.10 Vacation; change of name. 

    Upon application of the owners of such cemetery, the 
 district court of the county in which it is situate may alter or 
 vacate the same, or any part thereof, as in the case of town 
 plats.  Upon like application, and upon such notice as the court 
 may direct, it may change the name of such cemetery. 

    HIST: (7634) RL s 2966 

     307.11 Abandoned lots; recovery. 

    Sections 306.21; 306.22; 306.23; 306.24 and 306.241 apply 
 to private cemeteries subject to the provisions of this chapter. 

    HIST: 1976 c 203 s 1 

     307.115 Correction of interment errors. 

    Section 306.155 applies to private cemeteries subject to 
 this chapter.  Nothing in section 306.155 shall exempt 
 cemeteries from complying with chapter 149A. 

    HIST: 2003 c 48 s 2; 1Sp2003 c 23 s 2 

     307.12 Relocation. 

    A cemetery may not be relocated without the consent of the 
 owners. 

    HIST: 1993 c 100 s 3