§ 306.01 Cemetery Associations and Private Cemeteries, How Governed
§ 306.02 Cemetery Corporations or Associations
§ 306.023 Unused Public Cemetery; Transfer to Operating Public Cemetery
§ 306.025 Transfer of Cemetery to Local Government Unit
§ 306.027 Merger of Cemeteries
§ 306.03 Actuary; Records; Reports
§ 306.04 Failure to Keep Register; Forfeiture
§ 306.05 Land Acquired for Cemetery Purposes
§ 306.06 Conveyance of Certain Lands to Cemetery Associations
§ 306.07 Fraternal Corporations to Transfer Lands for Cemetery Purposes
§ 306.08 Lands to Be Subject to Rules of Cemetery Associations
§ 306.09 Sale of Lots
§ 306.10 Use of Funds; Grants in Trust
§ 306.11 Vacancies; Annual Meeting; Report of Trustees
§ 306.111 Vacancies Among Associates, Procedure for Filling
§ 306.12 Action for Damages
§ 306.14 Taxes; Roads; Special Assessments
§ 306.141 Relocation
§ 306.15 Lots, Conveyance
§ 306.155 Correction of Interment Errors
§ 306.16 Title to Burial Lots Regained by Association; Procedure
§ 306.17 Records of Association
§ 306.18 Description of Lots in Notice and Proceedings
§ 306.19 Limitation
§ 306.20 Reinvestment; Redemption
§ 306.21 Upkeep of Lots; Abandonment
§ 306.22 Action to Quiet Title
§ 306.23 Evidence of Abandonment
§ 306.24 Recording of Judgment
§ 306.241 Deposit of Net Proceeds From Lot Resales
§ 306.242 Title to Lots Regained by Association After 60 Years
§ 306.243 Maintaining Abandoned Cemeteries
§ 306.245 Neglected Cemeteries; Duties of Town Board
§ 306.246 Cemetery Maintenance Funds
§ 306.25 Cancellation and Termination of Contracts for Purchase of Lots by Certain Associations; Refunds
§ 306.26 Existing Contracts
§ 306.27 Limitation
§ 306.28 Property Sales by Public Cemetery Associations
§ 306.29 Disposal of Lots by Owners
§ 306.31 Cemetery Association May Establish Permanent Fund
§ 306.32 Trustees of Fund
§ 306.33 Trustees; Powers; Term; Accounting
§ 306.34 Bonds
§ 306.35 Vacancy in Board of Trustees
§ 306.36 New Board; Organization
§ 306.37 Care and Improvement Fund
§ 306.38 Expenditures and Investments
§ 306.39 Compensation
§ 306.40 Secretary’s Annual Report
§ 306.41 Establishment of Permanent Care and Improvement Fund
§ 306.42 Use of Interest
§ 306.43 Use of Gifts to Fund
§ 306.44 Investment and Use of Funds
§ 306.45 County Cemetery Fund; Management, Investment, Interest
§ 306.46 Deposit of and Interest On County Fund
§ 306.47 Depository for County Fund; Bond
§ 306.48 Investment of County Cemetery Fund
§ 306.49 Accounts Kept by Auditor
§ 306.50 Annual Report by Secretary; Deposit of Excess Interest
§ 306.51 Interest On County Fund, Apportionment
§ 306.52 Report by Auditor to Secretary
§ 306.53 Interest Paid to Treasurer of Board
§ 306.54 Audit of County Fund
§ 306.55 Assessments Levied for Lot Care; Enforcement
§ 306.56 Fund for Perpetual Care of Graves Set Aside by Court
§ 306.57 Application
§ 306.58 Reorganization of Certain Associations
§ 306.59 Notice for Meeting of Lot Owners
§ 306.60 Meeting and Election of Officers
§ 306.61 Certificate; Record; Effect
§ 306.62 Powers and Duties of Officers
§ 306.63 Sale of Certain Real Estate
§ 306.64 Real Estate, When Sold
§ 306.65 Plats Filed, Cities of Over 50,000
§ 306.66 Subdivision or Rearrangement of Cemeteries
§ 306.67 Application
§ 306.68 Reorganization of Certain Associations
§ 306.69 Certain Corporations May Amend Articles
§ 306.70 Certificate of Amended Articles to Be Recorded
§ 306.71 Right and Duties After Amendment
§ 306.72 Association, How Governed
§ 306.73 Amendment of Articles of Incorporation
§ 306.74 Certificate of Amendment
§ 306.75 Application
§ 306.76 Permanent Care and Improvement Fund Maintained by Certain Associations
§ 306.761 Permanent Care and Improvement Funds
§ 306.762 Permanent Retention of Records
§ 306.77 Appointment of Trust Company
§ 306.773 Investment of Fund of Cemetery Associations
§ 306.78 Percentage of Sale of Lots and Mausoleums Paid Into Fund; Other Additions to Fund
§ 306.79 Principal Inviolate; Invested in Certain Securities
§ 306.80 Trust Company to Make Annual Report
§ 306.81 Disposition of Property to Successor Trustee
§ 306.82 Power of Court to Remove Trustee or Compel Accounting
§ 306.83 Application to Certain Associations
§ 306.84 Certain Sections Not Applicable
§ 306.85 Application
§ 306.851 Public Cemeteries for the Poor
§ 306.86 Conveyances of Cemetery Lots and Lands to Holding Corporations Legalized; Reconveyance to Cities of First Class for Cemetery Purposes
§ 306.87 Definitions
§ 306.88 Acquisition of Cemetery
§ 306.90 Construction Performance Bond
§ 306.93 Certified Letter
§ 306.95 Duties of the County Auditor
§ 306.99 Winter Burials

Terms Used In Minnesota Statutes > Chapter 306 - Public Cemeteries

  • Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Chair: includes chairman, chairwoman, and chairperson. See Minnesota Statutes 645.44
  • children: includes children by birth or adoption;

    (9) "day" comprises the time from midnight to the next midnight;

    (10) "fiscal year" means the year by or for which accounts are reckoned;

    (11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;

    (12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;

    (13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;

    (14) "minor" means an individual under the age of 18 years;

    (15) "money" means lawful money of the United States;

    (16) "night time" means the time from sunset to sunrise;

    (17) "non compos mentis" refers to an individual of unsound mind;

    (18) "notary" means a notary public;

    (19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;

    (20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Devise: To gift property by will.
  • Donor: The person who makes a gift.
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Equal Credit Opportunity Act: Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program. Source: OCC
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • estimated market value: has the meaning given in section 273. See Minnesota Statutes 645.44
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • grade crossing: as used in this chapter means the intersection of a public highway and the tracks of a railroad, however operated, on the same plane or level, except street railways within city limits. See Minnesota Statutes 219.16
  • Grantor: The person who establishes a trust and places property into it.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Majority: means with respect to an individual the period of time after the individual reaches the age of 18. See Minnesota Statutes 645.451
  • Minority: means with respect to an individual the period of time during which the individual is a minor. See Minnesota Statutes 645.451
  • Month: means a calendar month and "year" means a calendar year, unless otherwise expressed; and "year" is equivalent to the expression "year of our Lord. See Minnesota Statutes 645.44
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probate: Proving a will
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • seal: includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. See Minnesota Statutes 645.44
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Small business: means a business entity organized for profit, including but not limited to any individual, partnership, corporation, joint venture, association or cooperative, which entity:

    (1) is not an affiliate or subsidiary of a business dominant in its field of operation; and

    (2) has 20 or fewer full-time employees; or

    (3) in the preceding fiscal year has not had more than the equivalent of $1,000,000 in annual gross revenues; or

    (4) if the business is a technical or professional service, shall not have had more than the equivalent of $2,500,000 in annual gross revenues in the preceding fiscal year. See Minnesota Statutes 645.445

  • state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tax: means any fee, charge, exaction, or assessment imposed by a governmental entity on an individual, person, entity, transaction, good, service, or other thing. See Minnesota Statutes 645.44
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
  • Violate: includes failure to comply with. See Minnesota Statutes 645.44
  • Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.