Sec. 8. (a) The legislative body of a municipality may by ordinance or resolution accept gifts, donations, bequests, or devises of money or real or personal property for the use of the:

(1) cemetery; or

Terms Used In Indiana Code 23-14-65-8

  • Bequest: Property gifted by will.
  • Devise: To gift property by will.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • legislative body: means :

    Indiana Code 23-14-65-3

  • municipality: means a city or town. See Indiana Code 23-14-65-4
  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
  • Personal property: All property that is not real property.
(2) permanent maintenance fund of the cemetery.

     (b) Except as provided in subsection (c), a municipality shall use:

(1) gifts, donations, bequests, or devises accepted under subsection (a); and

(2) income or interest derived from the gifts, donations, bequests, or devises;

in the same manner as the municipality uses proceeds from the sale of lots.

     (c) If a gift, donation, bequest, or devise of money or real or personal property is given or made for the use of a particular lot or plot of ground, the income from the gift, donation, bequest, or devise may be used only for the upkeep and maintenance of that particular lot or plot of ground.

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

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