ID H0496

City councils or cemetery maintenance district boards may pass a resolution requiring owners of cemetery lots unused for more than 50 years to file a written statement claiming continuing interest within 60 days of service.

Personal service of the resolution is required; if the owner is deceased or cannot be located, the resolution must be published for three consecutive weeks in a newspaper and mailed to the owner's last known address.

If an owner fails to respond within 60 days of service, mailing, and/or publication, the owner's rights terminate and the cemetery lot reverts to the city or cemetery maintenance district.

Lot owners or heirs may reclaim reverted lots if not resold, or receive another burial lot or compensation at reasonable value at the city or cemetery maintenance district's option.

Proceeds from resale of reverted lots, minus costs and expenses, go into the permanent care and improvement fund; cities and districts may impose additional restrictions or reversionary clauses for inactivity periods shorter than 50 years.