Sec. 23. (a) A cemetery board may accept and receive real and personal property:

(1) through gift, legacy, or bequest; and

Terms Used In Indiana Code 23-14-65-23

  • Bequest: Property gifted by will.
  • cemetery board: means :

    Indiana Code 23-14-65-1

  • Donor: The person who makes a gift.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Legacy: A gift of property made by will.
  • municipality: means a city or town. See Indiana Code 23-14-65-4
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Testator: A male person who leaves a will at death.
(2) upon terms, conditions, or trusts that the donor or testator designates;

for use concerning the operation, maintenance, and preservation of cemeteries or a part of a cemetery.

     (b) The property received under subsection (a) is exempt from all taxation.

     (c) If:

(1) a cemetery board receives money under subsection (a); and

(2) the money is not required currently to carry out the purpose or trusts upon which the money was received;

the cemetery board shall invest the money in accordance with IC 5-13-9. For investment purposes under this subsection, the cemetery board shall give preference to the purchase of bonds or securities issued and negotiated by the municipality.

     (d) A cemetery board shall use the income from securities purchased under subsection (c) to carry out the trusts upon which the gift was made.

As added by P.L.52-1997, SEC.39.