Sec. 6. Money in the fund may be used to provide cemetery maintenance when the board finds:

(1) that:

Terms Used In Indiana Code 23-14-48.5-6

(A) the owner of a cemetery is unable to maintain the cemetery;

(B) money in the perpetual care fund of the cemetery is depleted, subject to a dispute that prevents distribution of the money, or otherwise unavailable for the purposes of the perpetual care fund; and

(C) interested persons are unable to take over the management, care, and general supervision of the cemetery under IC 23-14-48-10; or

(2) that the appreciation and income of the principal of a cemetery’s perpetual care fund that are available under IC 23-14-48-2 are not sufficient to meet the cemetery’s immediate maintenance needs (as defined in IC 23-14-48-1.5).

As added by P.L.65-2007, SEC.3. Amended by P.L.14-2018, SEC.6.