Title 8 Cemeteries Chapter 5 Rights and Title to Cemetery Lots Section 1 Unused or unkept lots -- Notice procedures.
8-5-1.Unused or unkept lots -- Notice procedures.
(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
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