[ §662D-6] Limited ownership of cemetery grounds.

426 words·~2 min read·/hi/662d-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The director of commerce and consumer affairs, in accordance with subsection (b), may appoint an organization as the limited owner of a cemetery for the purpose of bringing criminal, civil, or administrative complaints, including trespass or other complaints, to secure appropriate relief against persons engaged in wrongful acts.

(b)Appointment of limited ownership shall only be made if the director of commerce and consumer affairs determines that:

(1)A cemetery has been abandoned;

(2)A cemetery is in need of perpetual care or protection from wrongful acts; and

(3)No owner or operator for the cemetery can be located.

(c)Any organization granted limited ownership pursuant to subsection

(a)may engage in security and perpetual care activities for the cemetery, including but not limited to:

(1)The installation of security measures, such as fencing and lighting;

(2)The implementation of hours of operation;

(3)Major repair work by contract, such as tree trimming, electrical and plumbing connectivity, and the integration of solar photovoltaic structures;

(4)The generation and raising of long-term funds to support the cemetery; and

(5)Any activities in which a volunteer may engage under section 662D-5.

(d)Any organization designated as a limited owner shall be entitled to the same limited liability protections as volunteers under section 662D-5.

(e)Any organization designated as a limited owner shall submit annual reports to the department of commerce and consumer affairs on the status and progress of any new and existing initiatives undertaken to improve the cemetery.

(f)The director of commerce and consumer affairs, in the director's sole discretion, may terminate the limited ownership appointment at any time.

(g)Appointment as a limited owner of a cemetery property under this section shall vest no property rights in or entitlements to the land or property. The limited privileges granted to a limited owner under this section shall not be construed as vested rights and may be revoked at any time at the sole discretion of the director of commerce and consumer affairs. No action, including an action seeking damages, or appeal under chapter 91 may be brought by any person against the director or department of commerce and consumer affairs or against the State relating to an organization's appointment, non-appointment, or termination of a designation as a limited owner, or an organization's actions or omissions as a limited owner.

(h)For purposes of this section, "wrongful acts" includes activities that are illegal pursuant to any federal, state, or county law, rule, or ordinance. [L 2024, c 193, §2]