Ind. Code ch. 23-14-78

Ind. Code § 23-14-78-1 Application of chapter

Sec. 1. This chapter applies to private cemeteries that are not owned or controlled by a cemetery corporation, church, association, or organization. As added by P.L.102-2020, SEC.3.

Ind. Code § 23-14-78-2 "Cemetery"

Sec. 2. As used in this chapter, "cemetery" means land in which human remains are interred, entombed, or inurned. The term does not include a cemetery that is subject to IC 23-14-33 through IC 23-14-76. As added by P.L.102-2020, SEC.3.

Ind. Code § 23-14-78-3 "Property owner"

Sec. 3. As used in this chapter, "property owner" means the owner of record of a parcel of real property that contains a cemetery to which this chapter applies. As added by P.L.102-2020, SEC.3.

Ind. Code § 23-14-78-4 Assuming maintenance responsibilities

Sec. 4. (a) A county or a township may agree to maintain a cemetery to which this chapter applies. If a county or a township agrees to maintain a cemetery to which this chapter applies, it shall maintain the cemetery as described in IC 23-14-68-3. A county or a township that assumes the maintenance responsibilities for a cemetery under this section may seek reimbursement from the property owner for the costs of maintaining the cemetery. (b) Prior to a county or township assuming the maintenance responsibilities for a cemetery under this section, a property owner must do the following: (1) Employ a professional surveyor to conduct a survey of the property on which the cemetery is located. (2) Convey to the county or township, without consideration, an easement or fee simple title to the portion of the property on which the cemetery is located. (3) If the portion of the property on which the cemetery is located is not accessible by a public road, convey to the township or county, without consideration, an easement for access to the cemetery. (c) A property owner who transfers the maintenance responsibilities for a cemetery under this section may not file an application for the property to receive the cemetery tax assessment rate under IC 6-1.1-6.8. (d) A property owner must make a reasonable effort to maintain a cemetery on the property owner's property. For purposes of this subsection, a reasonable effort to maintain a cemetery means the maintenance responsibilities described in IC 23-14-68-3. However, a property owner is not required to construct a fence where there is not one unless the township or the county provides the supplies, labor, and other expenses for the construction. (e) A property owner who fails to perform the maintenance responsibilities required under subsection (d) commits a Class C infraction if: (1) the township or the county provides two (2) written notices to the property owner, at the property owner's address of record, stating that the property owner is not maintaining the cemetery as required and may be subject to a Class C infraction; and (2) the property owner fails to maintain the cemetery as required by this chapter within thirty (30) days after the second notice provided under subdivision (1). As added by P.L.102-2020, SEC.3.

Ind. Code § 23-14-78-5 Prohibition against selling plots

Sec. 5. Nothing in this chapter allows a property owner to sell or furnish plots (as defined in IC 23-14-33-25). As added by P.L.102-2020, SEC.3.