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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 8-5-6

A municipal council or cemetery maintenance district board may use an alternative notice procedure for cemetery lots unused for burial purposes for more than 60 years.

Source excerpt

burial intentnotice proceduresowner noticerecordingrights terminationservice of processservice of resolution
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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“A municipal council or cemetery maintenance district board may use an alternative notice procedure for cemetery lots unused for burial purposes for more than 60 years.”

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Subsection 8-5-6(2)

The municipal council or cemetery maintenance district board must personally serve the resolution on the owner, and the owner must respond within 60 days by expressing interest in maintaining the cemetery lot, site, or portion and submitting satisfactory…

Section 8-5-6(2)

Subsection 8-5-6(3)

If personal service on the owner cannot be made, the municipal council or cemetery maintenance district board must publish the resolution for three weeks and mail a copy to the owner’s last known address within 14 days after publication, if available.

Section 8-5-6(3)

Subsection 8-5-6(3)(b)

mail a copy of the resolution within 14 days after the publication to the owner's last known address, if available.

Section 8-5-6(3)(b)

Subsection 8-5-6(4)

If the owner or other person with a legal interest in a cemetery lot does not state a valid interest within 30 days after service or publication of the resolution, the owner’s rights end and the cemetery portion is vested in the municipality or cemetery…

Section 8-5-6(4)

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Source record from le.utah.gov · Legal dates not recorded

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Showing 7 of 7 provisions

Provision 7
§ 8-5-6Alternative council or board procedures for notice -- Termination of rights -- Notice.Provision

Source excerpt

A municipal council or cemetery maintenance district board may use an alternative notice procedure for cemetery lots unused for burial purposes for more than 60 years.

Alternative council or board procedures for notice -- Termination of rights -- Notice. As an alternative to the procedures set forth in Sections 8-5-1 through 8-5-4 , a municipal council or cemetery maintenance district board may pass a resolution demanding that the 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 portion of the cemetery. 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 shall notify the owner that the owner 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. 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 or cemetery maintenance district board shall: publish the resolution for the municipality or cemetery maintenance district, as a class A notice under Section 63G-30-102 , for three weeks; and mail a copy of the resolution within 14 days after the publication to the owner's last known address, if available. 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 8-5-6Verify source
§ 8-5-6(1)Subsection 8-5-6(1)Provision

Source excerpt

A municipal council or cemetery maintenance district board may adopt a resolution requiring the owner of a cemetery lot, site, or portion unused for burial for more than 60 years to file notice of any claim with the county recorder, city recorder, or town clerk.

As an alternative to the procedures set forth in Sections 8-5-1 through 8-5-4 , a municipal council or cemetery maintenance district board may pass a resolution demanding that the 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 portion of the cemetery.
Section 8-5-6(1)Verify source
§ 8-5-6(2)Subsection 8-5-6(2)Provision

Source excerpt

The municipal council or cemetery maintenance district board must personally serve the resolution on the owner, and the owner must respond within 60 days by expressing interest in maintaining the cemetery lot, site, or portion and submitting satisfactory evidence of an intention to use it for burial.

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 shall notify the owner that the owner 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.
Section 8-5-6(2)Verify source
§ 8-5-6(3)Subsection 8-5-6(3)Provision

Source excerpt

If personal service on the owner cannot be made, the municipal council or cemetery maintenance district board must publish the resolution for three weeks and mail a copy to the owner’s last known address within 14 days after publication, if available.

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 or cemetery maintenance district board shall: publish the resolution for the municipality or cemetery maintenance district, as a class A notice under Section 63G-30-102 , for three weeks; and mail a copy of the resolution within 14 days after the publication to the owner's last known address, if available.
Section 8-5-6(3)Verify source
§ 8-5-6(3)(a)Subsection 8-5-6(3)(a)Provision

Source excerpt

The municipality or cemetery maintenance district must publish the resolution as a class A notice under Section 63G-30-102 for three weeks.

publish the resolution for the municipality or cemetery maintenance district, as a class A notice under Section 63G-30-102 , for three weeks; and
Section 8-5-6(3)(a)Verify source
§ 8-5-6(3)(b)Subsection 8-5-6(3)(b)Provision

Source excerpt

mail a copy of the resolution within 14 days after the publication to the owner's last known address, if available.

mail a copy of the resolution within 14 days after the publication to the owner's last known address, if available.
Section 8-5-6(3)(b)Verify source
§ 8-5-6(4)Subsection 8-5-6(4)Provision

Source excerpt

If the owner or other person with a legal interest in a cemetery lot does not state a valid interest within 30 days after service or publication of the resolution, the owner’s rights end and the cemetery portion is vested in the municipality or cemetery maintenance district.

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 8-5-6(4)Verify source

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