306.242 TITLE TO LOTS REGAINED BY ASSOCIATION AFTER 60 YEARS.
Subdivision 1. Scope.
As an alternative to the procedure in sections
cemetery association incorporated in Minnesota may use the procedures in this section to revest
itself with the title to part of a cemetery that was conveyed by deed to a person but that 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 part of a cemetery that has been
unused for more than 60 years express an interest in the cemetery plot. The board shall 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 shall, 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. Service by publication.
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 shall publish its resolution for three successive weeks
in a legal newspaper published in the county and 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 60 days after the personal 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 part of the cemetery again belongs to the cemetery association.
History: 1983 c 149 s 2; 1983 c 216 art 2 s 13; 1988 c 469 art 5 s 1