8-5-1. Unused or unkept lots -- Notice procedures.

340 words·~2 min read·/ut/title-8/chapter-5/8-5-1

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

(1)If a municipality or cemetery maintenance district owns a cemetery and has conveyed cemetery lots or parcels by deed with or without restrictions, and the grantee, or persons claiming through the grantee, for more than 60 years:

(a)have not used portions of the lots or parcels for purposes of burial and have not provided for the care of the lots or parcels beyond that uniformly provided for all lots of the cemetery, and during the 60-year period have not given the municipality or cemetery maintenance district written notice of any claim or interest in the lots or parcels; or

(b)have not used a portion of the lots or parcels for purposes of burial and have not kept the lots or parcels free of weeds or brush, but have allowed it to remain entirely unimproved for more than 20 years, and the lots or parcels are located in the portion of the cemetery where they adjoin or are adjacent to improved parts of the cemetery and by reason of their unimproved condition detract from the appearance of the cemetery, interfere with its harmonious improvements, and furnish a place for the growth of weeds and brush, then the municipality or cemetery maintenance district shall demand of the grantee or persons claiming through the grantee either of the following:

(i)that they file with the municipality or cemetery maintenance district a written notice of claim or interest in and to the lots or parcels recorded by evidence of their claim of ownership within 50 days after the service of a copy of the notice of demand; or

(ii)that they keep the premises clear of weeds and in a condition of harmony with other adjoining lots.

(2)The municipality or cemetery maintenance district shall serve a copy of the demand or notice required by Subsection

(1)on the grantee or persons claiming through the grantee in accordance with the Utah Rules of Civil Procedure.

Amended by Chapter 123 , 2002 General Session