2006 Minnesota Statutes

306.023 UNUSED PUBLIC CEMETERY; TRANSFER TO OPERATING PUBLIC
CEMETERY.
    Subdivision 1. Transfer authorized. A public cemetery association that owns a cemetery in
which no interments have been made for 40 years may transfer the cemetery and real estate owned
by it, together with funds or property that it possesses, to another public cemetery association or
corporation serving the same community in the burial of the dead.
    Subd. 2. Method of transfer. To accomplish the transfer, the board of trustees of the
transferring cemetery association shall adopt a resolution to that effect by an unanimous vote
of the board of trustees. The chair or president of the board of trustees and the secretary may
then execute the proper instruments and a deed in the name of the association to evidence the
transfer. However, the transfer must first have been authorized by a majority vote of all members
of the association, present and voting, at any regular meeting or at any special meeting called
for that purpose, after written notice to the members specifying the time, place, and purpose
of the meeting.
If the association is an unincorporated association, a deed executed in the name of the
association by the chair or president and the secretary or treasurer of the board of trustees is a
valid conveyance of the lands of the association.
    Subd. 3. Acceptance of transfer. A public cemetery association or corporation serving the
community in the burial of the dead may accept a transfer of a cemetery and its lands, property,
and funds. Before a transfer is made, the public cemetery association to which the transfer is being
made shall adopt a resolution agreeing to accept the cemetery and its real and personal property
and funds and agreeing to operate, maintain, control, and manage the cemetery and administer
its property and funds in the name of, and in accordance with the rules and laws governing the
accepting public cemetery association.
    Subd. 4. Effect of transfer. After transfer, lot owners of the former association continue their
ownership. They are entitled to the same rights and privileges with respect to their lots accorded
to lot owners by the public cemetery association to which the transfer was made and are thereafter
subject to all the rules and laws governing the public cemetery association.
History: 1949 c 298 s 1; 1984 c 543 s 13; 1986 c 444; 1988 c 469 art 5 s 1