IC 23-14-34
    Chapter 34. Mandatory Recording of Survey and Plat

IC 23-14-34-1
Mandatory recording of survey and plat for certain cemeteries
    Sec. 1. Before granting or selling any burial right in any part of acemetery developed and platted after March 6, 1953, the owner ofthe cemetery shall cause to be recorded in the recorder's office of thecounty in which the cemetery is located an accurate survey and platof that part of its property in which it proposes to grant or sell burialrights.
As added by P.L.52-1997, SEC.8.

IC 23-14-34-2
Duties after violations; Class C infraction
    Sec. 2. (a) The owner of a cemetery that has violated section 1 ofthis chapter shall, not later than January 1, 1998, record in the officeof the recorder of the county in which the cemetery is located:
        (1) the original plat of the cemetery; and
        (2) the plats of all additions to the cemetery.
    (b) The plats recorded under subsection (a) must:
        (1) be referenced with respect to the section lines of thecemetery (if section lines have been established); and
        (2) show a sufficient number of permanent monuments so therewould be no difficulty in making resurveys.
    (c) A cemetery owner who violates this section commits a ClassC infraction. If the cemetery owner is required by this chapter torecord a plat, each period of thirty (30) days after the time allowedby this chapter for the recording of the plat during which the platremains unrecorded constitutes a separate infraction.
As added by P.L.52-1997, SEC.8.

IC 23-14-34-3
Transfers to include reference to recorded plat
    Sec. 3. Each transfer of interment, entombment, or inurnmentrights issued by the cemetery owner under this chapter must includea reference to the recorded plat.
As added by P.L.52-1997, SEC.8.

IC 23-14-34-4
Issuance of deeds, certificates, or licenses
    Sec. 4. The owner of a cemetery shall issue a deed, certificate, orlicense to each purchaser of a burial right in the cemetery. Each deed,certificate, or license issued under this section must be properlysigned and acknowledged before a notary public.
As added by P.L.52-1997, SEC.8.

IC 23-14-34-5
Requirements for recorded surveys and plats
    Sec. 5. A survey and plat recorded under this chapter must:        (1) show all lots, walks, and drives in the cemetery, all withdescriptive names and numbers; and
        (2) include a proper instrument in writing, duly executed andacknowledged by the owner, dedicating the property tocemetery purposes.
As added by P.L.52-1997, SEC.8.

IC 23-14-34-6
Use of property after recording
    Sec. 6. Except as provided in section 7 of this chapter, theproperty described in a survey and plat recorded under this chaptershall be held, occupied, and used exclusively for cemetery purposesafter the recording of the survey and plat.
As added by P.L.52-1997, SEC.8.

IC 23-14-34-7
Vacation or alteration of recorded plat
    Sec. 7. (a) Subject to subsection (b), the owner of propertydescribed in a survey and plat recorded under this chapter by aninstrument properly executed, acknowledged, and recorded mayvacate the recorded plat and make and file a new or altered plat andsurvey of:
        (1) the property described in a survey and plat; or
        (2) a part of the property described in the survey and plat.
    (b) The vacation or alteration of a recorded plat under subsection(a) is not valid if it affects burial rights previously granted in theproperty described in the plat, unless each owner of affected burialrights has consented to the vacation or alteration.
As added by P.L.52-1997, SEC.8.

IC 23-14-34-8
Defective or incomplete surveys or plats
    Sec. 8. If:
        (1) the owner of a cemetery has recorded an accurate surveyand plat of a part of its property in which it has:
            (A) granted or sold burial rights for at least thirty (30) years;and
            (B) actually managed and controlled the land as a cemeteryfor at least thirty (30) years; but
        (2) the survey or plat is defective and incomplete because of afailure to comply with the formalities required by law in forceat the time of the recording;
the recorded survey and plat are considered to comply fully with thelaw as of July 1, 1997.
As added by P.L.52-1997, SEC.8.

IC 23-14-34-9
Violation of chapter; Class B misdemeanor
    Sec. 9. A person who knowingly violates:
        (1) section 1;        (2) section 3; or
        (3) section 4;
of this chapter commits a Class B misdemeanor.
As added by P.L.52-1997, SEC.8.