IC 23-14-58.5
    Chapter 58.5. Disposition of Abandoned Burial Spaces

IC 23-14-58.5-1
Termination of ownership rights in an unused and unimprovedburial space
    Sec. 1. (a) Subject to this chapter, if a burial space in a cemeterythat is subject to IC 23-14-41 or any other Indiana law:
        (1) has remained unused for a period of at least fifty (50) yearsfrom the date of sale or last recorded designation or transfer;and
        (2) has no improvements on the burial space, including theplacement of a monument, memorial, or other permanentappurtenance;
the person or entity having jurisdiction over the cemetery mayterminate the rights and interests of the owner of the burial space.
    (b) After July 1, 2007, a contract for the purchase of a burialspace must include notice that the contract is subject to terminationas provided in subsection (a).
As added by P.L.113-2007, SEC.7.

IC 23-14-58.5-2
Notice
    Sec. 2. (a) If the person or entity having jurisdiction over thecemetery:
        (1) desires to terminate the rights and interests of the owner ofthe burial space; and
        (2) determines that the conditions specified in section 1 of thischapter have been met;
the person or entity must send to the owner a notice of the intent toterminate the owner's rights to the burial space.
    (b) The notice required under subsection (a) must be sent bycertified mail with return receipt requested to the owner's last knownaddress.
As added by P.L.113-2007, SEC.7.

IC 23-14-58.5-3
Duties of owner; request for purchase
    Sec. 3. (a) An owner who has received a termination notice undersection 2 of this chapter may inform the person or entity havingjurisdiction over the cemetery of the owner's continued intent to usethe burial space. If the person or entity having jurisdiction over thecemetery has been informed of the owner's intent, the person orentity having jurisdiction over the cemetery may not terminate therights and interests of the owner of the burial space.
    (b) An owner who has received a termination notice under section2 of this chapter may request the person or entity having jurisdictionover the cemetery to purchase the burial space for the amountoriginally paid for the burial space.
As added by P.L.113-2007, SEC.7.
IC 23-14-58.5-4
Failure to respond to notice; termination of owner's rights;remedies
    Sec. 4. (a) If the person or entity having jurisdiction over thecemetery has not received a response from the owner of the burialspace within sixty (60) days after sending the notice required insection 2 of this chapter, the person or entity having jurisdiction overthe cemetery shall advertise in a newspaper of general circulation inthe county of the owner's last known address seeking the owner'scurrent address.
    (b) If a new address for the owner of the burial space is obtainedafter the advertising required in subsection (a), the noticerequirement under section 2 of this chapter must be repeated.
    (c) If the person or entity having jurisdiction over the cemeteryhas not received a response regarding the owner of the burial spacewithin sixty (60) days after placing the advertisement required insubsection (a), the owner's rights and interests in the burial space areterminated. After the rights and interests in a burial space areterminated under this chapter, the person or entity having jurisdictionover the cemetery may sell a burial space to a new owner.
    (d) If the owner of a burial space contacts the person or entityhaving jurisdiction over the cemetery after the owner's rights andinterests in the burial space are terminated under this chapter, theowner is entitled to select one (1) of the following remedies:
        (1) The original burial space, if it has not been resold.
        (2) If a person or an entity having jurisdiction over the cemeteryhas resold the burial space, reimbursement for the amount forwhich the burial space was resold minus the following:
            (A) The costs paid by the person or entity having jurisdictionover the cemetery in providing notice and advertising asrequired under this chapter.
            (B) The sales commission costs in the resale of the burialspace.
        (3) A comparable burial space in the cemetery.
As added by P.L.113-2007, SEC.7.

IC 23-14-58.5-5
Penalty
    Sec. 5. A person who:
        (1) knowingly terminates an owner's rights and interests in aburial space;
        (2) knows or should have known the identity of the owner; and
        (3) fails to give the owner notice as required under this chapter;
commits a Class A misdemeanor.
As added by P.L.113-2007, SEC.7.