H.B. 75 Enrolled

CEMETERY MAINTENANCE DISTRICT
AMENDMENTS
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Eli H. Anderson
This act modifies the Cemeteries Code by renaming the municipal cemeteries chapter and
adding cemetery maintenance districts to the scope of the chapter. The act repeals the
criminal penalty provisions. The act updates the language of the chapter and makes
technical changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
8-5-1, as enacted by Chapter 132, Laws of Utah 1985
8-5-2, as enacted by Chapter 132, Laws of Utah 1985
8-5-3, as enacted by Chapter 132, Laws of Utah 1985
8-5-5, as last amended by Chapter 9, Laws of Utah 2001
8-5-6, as enacted by Chapter 132, Laws of Utah 1985
8-5-7, as enacted by Chapter 132, Laws of Utah 1985
8-5-8, as enacted by Chapter 132, Laws of Utah 1985
REPEALS:
8-3-4, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 8-5-1 is amended to read:
CHAPTER 5. RIGHTS AND TITLE TO CEMETERY LOTS
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 [conditions]
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.
Section 2. Section 8-5-2 is amended to read:
8-5-2. Action in district court for title to lots.
If either the grantee, or person claiming through the grantee, fails to comply with the demand
or notice, the municipality or cemetery maintenance district may bring an action in the district court
of the county in which the cemetery is located against all parties who have not responded to the
notice for the purpose of terminating the rights of the parties in the lots or parcels and restoring the
lots or parcels to the municipality or cemetery maintenance district free of any right, title, or interest
of the grantee, persons claiming through the grantee, their heirs, or assigns. Any action to reclaim
title to grave sites, parcels, or lots shall be brought and determined in the same manner as actions
concerning other real property. The portion of any grave site, lot, or parcel in which a body is buried

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[shall] may not be included in any action to revest title to the lot, site, or parcel in the municipality
or cemetery maintenance district, and the grave site in which a body is interred shall remain
undisturbed together with any adjoining property so as to allow the proper approach to the grave site.
Section 3. Section 8-5-3 is amended to read:
8-5-3. Abandonment -- Standards -- Prima facie evidence.
The fact that the grantee or holder of a lot or parcel in a cemetery has not used portions of
the lots or parcels for the purpose of burial for more than 60 years[, and during the time] shall be
prima facie evidence that the grantee or holder had abandoned the lots or parcels if during that time
the grantee or holder:
(1) has not provided the care to the lots or parcels provided uniformly to all lots or parcels
within the cemetery[,];
(2) has not given to the municipality or cemetery maintenance district a written notice of
claim or interest in the lots or parcels[,]; or
(3) has not kept the lots or parcels free of weeds or brush[, shall be prima facie evidence that
the grantee or holder has abandoned the lots or parcels].
Section 4. Section 8-5-5 is amended to read:
8-5-5. Proceeds of resale of lots.
The proceeds from the subsequent resale of any lot or parcel, title to which has been revested
in the municipality or cemetery maintenance district under Section 8-5-2 or 8-5-6 , less the costs and
expenses incurred in the proceeding, shall become part of the permanent care and improvement fund
of the municipality or cemetery maintenance district, subject to subsequent disposition under Title
10, Chapter [6] 5, Uniform Fiscal Procedures Act for Utah [Cities] Towns, Title 10, Chapter 6,
Uniform Fiscal Procedures Act for Utah Cities, or Title 17A, Chapter 1, Part 4, Uniform Fiscal
Procedures for Special Districts Act.
Section 5. Section 8-5-6 is amended to read:
8-5-6. Alternative council or board procedures for notice -- Termination of rights.
(1) As an alternative to the procedures set forth [above] in Sections 8-5-1 through 8-5-4 , a
municipal council or cemetery maintenance district board may pass a resolution demanding that the

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owner of a lot, site, or portion of the cemetery, which has been unused for burial purposes for more
than 60 years, file with the county recorder, city recorder, or town clerk notice of any claim to the
lot, site, or [parcel] portion of the cemetery.
(2) The municipal council or cemetery maintenance district board shall then cause a copy
of the resolution to be personally served on the owner in the same manner as personal service of
process in a civil action. The resolution [must] shall notify the owner that the owner [must] shall,
within 60 days after service of the resolution on the owner, express interest in maintaining the
cemetery lot, site, or portion of the cemetery and submit satisfactory evidence of an intention to use
the lot, site, or portion of the cemetery for a burial.
(3) If the owner cannot be personally served with the resolution of the municipal council or
cemetery maintenance district board as required in Subsection (2), the municipal council [must] or
cemetery maintenance district board shall publish its resolution for three successive weeks in a
newspaper of general circulation within the county and mail a copy of the resolution within 14 days
after the publication to the owner's last known address, if available.
(4) If, for 30 days after the last date of service or publication of the municipal council's or
cemetery maintenance district board's resolution, the owner or person with a legal interest in the
cemetery lot fails to state a valid interest in the use of the cemetery lot, site, or portion of the
cemetery for burial purposes, the owner's rights are terminated and that portion of the cemetery shall
be vested in the municipality or cemetery maintenance district.
Section 6. Section 8-5-7 is amended to read:
8-5-7. Sale of only right to be buried.
Municipalities and cemetery maintenance districts shall sell only the right to be buried in the
[municipal] cemetery and all cemetery lots or parcels sold [after the effective date of this act] by a
municipality after April 29, 1985, or by a cemetery maintenance district after June 1, 2001 shall be
rights to be buried only. Nothing in this section shall prevent municipalities or cemetery
maintenance districts from imposing additional terms on the sale of rights to burial.
Section 7. Section 8-5-8 is amended to read:
8-5-8. Municipal and maintenance district cemeteries -- Rights of lot holders _

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Compensation -- Perpetual care charges.
(1) The owner, grantee, or person claiming through the grantee shall have the right, on
presentation of the certificate of title or right to burial to the municipality or cemetery maintenance
district, for any lot or parcel which has [been] reverted to the municipality or cemetery maintenance
district, at the option of the municipality or cemetery maintenance district, to:
(a) be compensated for the lot or parcel at the reasonable value of the lot or parcel as of the
date the certificate is presented to the municipality[,] or cemetery maintenance district;
(b) receive a right to burial to another lot or parcel if the right to burial or title to the lot or
parcel has been sold by the municipality[,] or cemetery maintenance district; or
(c) receive the right to burial to the lot or parcel if the municipality or cemetery maintenance
district has not sold the right to burial to the lot or parcel.
(2) Nothing in this section prevents a municipality or cemetery maintenance district from
collecting unpaid perpetual care charges from a person claiming title or the right to burial.
Section 8. Repealer.
This act repeals:
Section 8-3-4, Violation of chapter a misdemeanor.

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