381.715 Burial rights in cemetery lots -- Abandonment -- Resale by cemetery.

354 words·~2 min read·/ky/chapter-381/381-715

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

(1)As used in this section, "cemetery lot" is a lot containing one

(1)or more grave

spaces and located within a cemetery registered pursuant to KRS 367.946 in a

county containing an urban-county government or in a city.

(2)An officer of the cemetery may cause to be filed, on behalf of the cemetery, an

action in the Circuit Court of the county where the cemetery is located requesting

that the burial rights in the unused portion of the lots in question be deemed

abandoned and that the cemetery be authorized to sell the rights upon entry of the

court's judgment. The defendants in the action shall be the unknown heirs of the

original owner of the burial rights in the lots in question.

(3)The petition shall include the following:

(a)The name of the original owner of the burial rights in the lots in question.

(b)The name of all persons buried in the lots and the date of burial, if known.

(c)The name, address, and telephone number of the cemetery office.

(d)An affidavit by the petitioner that:

1. No person has been buried in the cemetery lots in question for a period

of at least one hundred

(100)years; and

2. The identity of any owner of the burial rights in the lot in question or

any heir of the owner is unknown to any officer or employee of the

cemetery and not discoverable after a good faith attempt by an officer or

employee to identify the owner or heir.

(4)Service of process shall be by warning order attorney, appointed by the court

pursuant to CR 4.07.

(5)If the court finds the allegations set forth in paragraph

(d)of subsection

(3)of this

section to be true, the court shall enter judgment deeming the burial rights in the lots

in question abandoned and authorizing the cemetery to sell the rights.

(6)No judgment shall be entered declaring burial rights abandoned if an owner or heir

of a cemetery lot has filed with the cemetery a statement in writing directing that

certain grave spaces not be used.