CHAPTER 69. ESTABLISHMENT OF PUBLIC CEMETERIES BY TOWNSHIPS

IC 23-14-69
    Chapter 69. Establishment of Public Cemeteries by Townships

IC 23-14-69-1
Application of chapter
    Sec. 1. This chapter applies to the following:
        (1) A public cemetery that belongs to a township.
        (2) An addition to a public cemetery that belongs to a township.
As added by P.L.52-1997, SEC.43.

IC 23-14-69-2
Nonapplicability of chapter
    Sec. 2. This chapter does not apply to the following:
        (1) A cemetery that is owned or controlled by a city, a town, ora voluntary association.
        (2) A cemetery that is maintained by a township underIC 23-14-68.
As added by P.L.52-1997, SEC.43.

IC 23-14-69-3
Care and maintenance
    Sec. 3. A township trustee shall care for and maintain eachcemetery to which this chapter applies that is located in the township,keeping the cemeteries in a respectable condition by:
        (1) destroying detrimental plants (as defined in IC 15-16-8-1),noxious weeds, and rank vegetation; and
        (2) removing all unsightly accumulations and debris.
As added by P.L.52-1997, SEC.43. Amended by P.L.2-2008, SEC.49.

IC 23-14-69-4
Donated land
    Sec. 4. (a) The township trustee may accept donations of landsuitable for a public cemetery if the township trustee considersacceptance of the land to be in the best interests of the township.
    (b) Donated land shall be:
        (1) conveyed to the township;
        (2) set apart by the trustee for a public cemetery; and
        (3) kept in good condition and repair by the township trustee.
As added by P.L.52-1997, SEC.43.

IC 23-14-69-5
Purchase of land
    Sec. 5. (a) If:
        (1) no land suitable for a public cemetery is donated to atownship; and
        (2) if the township legislative body adopts a resolutionapproving the purchase;
the township executive may purchase land for the purpose ofestablishing a public cemetery.
    (b) When land is purchased and conveyed to the township under

subsection (a), the land must be set apart, kept in repair, and used asprovided in section 6 of this chapter.
As added by P.L.52-1997, SEC.43.

IC 23-14-69-6
Use of cemetery
    Sec. 6. A public cemetery of a township may be used by theinhabitants of the township for the interment of the dead. Thetownship trustee may prescribe regulations governing the use of thecemetery.
As added by P.L.52-1997, SEC.43.

IC 23-14-69-7
Duties of township trustee
    Sec. 7. (a) When a township acquires title to land by donation,purchase, or otherwise for a public cemetery, the trustee of thetownship shall:
        (1) lay out the land in lots with streets and walks;
        (2) plat the land; and
        (3) record the plat in the office of the recorder of the county.
    (b) For recording a plat under subsection (a), the recorder shallcollect the same fees as are allowed for similar recordings.
    (c) The lots laid out and platted under subsection (a) must benumbered. A specific part of the lots must be:
        (1) set apart; and
        (2) designated on the plat;
for a potter's field.
    (d) After the plat has been recorded, the township trustee shallappoint:
        (1) one (1) disinterested freeholder of the township; and
        (2) one (1) disinterested appraiser licensed under IC 25-34.1;
who are residents of Indiana to appraise and fix the value of all thelots on the plat, except the part assigned to the potter's field undersubsection (c). The appraisal shall be filed with and preserved by thetownship trustee.
As added by P.L.52-1997, SEC.43. Amended by P.L.113-2006,SEC.18.

IC 23-14-69-8
Private sale of lots
    Sec. 8. (a) The township trustee may sell and convey the lots in acemetery to which this chapter applies at a private sale to personswho desire to purchase them. The trustee shall not sell a lot underthis subsection at less than the value fixed for the lot under section7 of this chapter.
    (b) The proceeds of the sale of lots in a cemetery under subsection(a) shall be used to pay the expenses that the township trustee mayincur under this chapter for the cemetery. Any surplus shall be heldas a fund for use in keeping the cemetery in repair.
    (c) The township trustee shall keep an accurate account of:        (1) the money received by the township trustee for the purposeof keeping the cemetery in repair; and
        (2) the sums that the township trustee has paid out, and forwhich the trustee has taken vouchers.
As added by P.L.52-1997, SEC.43.

IC 23-14-69-9
Payment of expenses
    Sec. 9. All expenses incurred by the township trustee foradministering this chapter shall be paid out of the township fund ofthe township.
As added by P.L.52-1997, SEC.43.