United States — Nebraska
§ 12-512.08. Perpetual care trust fund; violations; separate offenses; what constitutes.
1 provisions
Each day a person, firm, or corporation violates sections 12-512.01 to 12-512.08 counts as a separate offense.
Browse legislation and open any statute to read or ask LexChat.
35,870 statutes · page 15 of 1,794
United States — Nebraska
1 provisions
Each day a person, firm, or corporation violates sections 12-512.01 to 12-512.08 counts as a separate offense.
United States — Nebraska
1 provisions
Cemetery land within one mile of a city cannot be taken by eminent domain for a cemetery location or addition; a qualifying cemetery association may maintain condemnation proceedings against adjoining land used for farming or pasturage under section 12-506.
United States — Nebraska
1 provisions
If cemetery association trustees receive property in trust for perpetual cemetery care, they must give the association a bond of at least $1,000 after bylaws authorize it.
United States — Nebraska
1 provisions
Burial lots sold by the association must be used only for interments and, if used exclusively for burial purposes and not for profit, are exempt from taxation and similar claims.
United States — Nebraska
1 provisions
A cemetery association must record a plat of the cemetery grounds and lots, and make an annual exhibit of its affairs. It also has power to maintain the grounds, set rules for lots and monuments, and block uses it considers improper.
United States — Nebraska
1 provisions
Recorded burial grounds are not subject to execution sale, taxation, or compulsory partition.
United States — Nebraska
1 provisions
A cemetery association may ask the district court to let it stop using cemetery land for burials, sell or otherwise dispose of the land, and decide what happens to the proceeds or a permitted conveyance.
United States — Nebraska
1 provisions
The association must publish notice of its petition for three consecutive weeks, and anyone opposing the petition must file a written objection with the district court clerk by the stated Monday deadline.
United States — Nebraska
1 provisions
A person who wants to oppose the application may file a verified objection within the notice period; the applicant may file a verified reply by the second Monday after the objection deadline.
United States — Nebraska
1 provisions
The application and proceeding may be heard by the district court only after issue is joined, or after the objection period expires if no objection is filed, and only after proof of publication of the required notice is made.
United States — Nebraska
1 provisions
The court may approve a cemetery-related real estate sale, control the sale process, and must preserve enough sale money in trust to maintain the grave area.
United States — Nebraska
1 provisions
The court must review a reported sale, confirm it if it was regularly and fairly made, and direct execution of a deed to the purchaser; if the sale is set aside, the property must be offered for sale again.
United States — Nebraska
1 provisions
The court may order how costs are taxed and paid, and may direct payment of the proceeding’s costs and expenses from the cemetery association’s funds or from proceeds of a real estate sale.
United States — Nebraska
1 provisions
An aggrieved person may appeal a district court order or decree to the Court of Appeals.
United States — Nebraska
1 provisions
These sections apply only to certain cemetery associations and their property when a court finds further burial use should be prohibited and a sale would not harm graves or the public interest.
United States — Nebraska
1 provisions
A city or village may take over a cemetery from a cemetery association and run it as a municipal cemetery.
United States — Nebraska
1 provisions
A cemetery association taking over a cemetery must prepare a map, try to identify remains and lot owners, and file the map and related information with the county clerk. Annual trust-fund reporting depends on the fund balance.
United States — Nebraska
1 provisions
A cemetery association must arrange for at least one mowing each year of the cemetery it manages, and one mowing must be within two weeks before Memorial Day.
United States — Nebraska
1 provisions
At least five Nebraska residents may form a mausoleum association, elect 3 to 5 trustees, and set the trustees’ term by bylaws.
United States — Nebraska
1 provisions
Trustees must file a formation certificate, and later file bylaws amendments, before the association can operate or the amendments take effect.