Sec. 4. (a) A county or a township may agree to maintain a cemetery to which this chapter applies. If a county or a township agrees to maintain a cemetery to which this chapter applies, it shall maintain the cemetery as described in IC 23-14-68-3. A county or a township that assumes the maintenance responsibilities for a cemetery under this section may seek reimbursement from the property owner for the costs of maintaining the cemetery.

     (b) Prior to a county or township assuming the maintenance responsibilities for a cemetery under this section, a property owner must do the following:

Terms Used In Indiana Code 23-14-78-4

  • cemetery: means land in which human remains are interred, entombed, or inurned. See Indiana Code 23-14-78-2
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • property owner: means the owner of record of a parcel of real property that contains a cemetery to which this chapter applies. See Indiana Code 23-14-78-3
(1) Employ a professional surveyor to conduct a survey of the property on which the cemetery is located.

(2) Convey to the county or township, without consideration, an easement or fee simple title to the portion of the property on which the cemetery is located.

(3) If the portion of the property on which the cemetery is located is not accessible by a public road, convey to the township or county, without consideration, an easement for access to the cemetery.

     (c) A property owner who transfers the maintenance responsibilities for a cemetery under this section may not file an application for the property to receive the cemetery tax assessment rate under IC 6-1.1-6.8.

     (d) A property owner must make a reasonable effort to maintain a cemetery on the property owner’s property. For purposes of this subsection, a reasonable effort to maintain a cemetery means the maintenance responsibilities described in IC 23-14-68-3. However, a property owner is not required to construct a fence where there is not one unless the township or the county provides the supplies, labor, and other expenses for the construction.

     (e) A property owner who fails to perform the maintenance responsibilities required under subsection (d) commits a Class C infraction if:

(1) the township or the county provides two (2) written notices to the property owner, at the property owner’s address of record, stating that the property owner is not maintaining the cemetery as required and may be subject to a Class C infraction; and

(2) the property owner fails to maintain the cemetery as required by this chapter within thirty (30) days after the second notice provided under subdivision (1).

As added by P.L.102-2020, SEC.3.

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