12-1440.   Revestment of title to lots; procedure.(a) For the purposes of this act, the term "lot owner" means thepurchaser of the cemetery lot or such purchaser's heirs, administrators,trustees, legatees, devisees, or assigns.

      (b)   Whenever a city or a townshiphas acquired real estate for the purpose of maintaining a cemetery orhas acquired a cemetery from a cemetery association, and such city ortownship or its predecessor in title has conveyed any platted lot ordesignated piece of ground within the area of such cemetery, and thegoverning body of such city or township is the governing body of suchcemetery as provided by K.S.A. 12-1402, the title to any conveyedplatted lots or designated pieces of ground, other than ground actuallyused for burial purposes and all ground within two feet thereof, maybe revested in such city or township in the following mannerand subject to the following conditions:

      (1)   No interment shall have been made in the lot and the title tosuch lot shall have been vested in the present owner for a period of atleast 50 years prior to the commencement of any proceedingsunder this section.

      (2)   If the lot owner of any cemetery lot is a resident of thecounty where the cemetery is located, the governing body shallcause to be served upon such lot owner a notice that proceedings havebeen initiated to revest the title of such lot in the city or townshipand that such lot owner may within the time provided by the notice filewith the clerk of such city or township, as applicable, astatement in writing explaining how rights in the cemetery lot wereacquired and such person's desire to claim such rights in the lot. Thenotice shall be served in the manner provided for service of summons ina civil case and shall provide a period ofnot less than 30 days in which the statement can be filed. If the governingbody ascertains that thestatement filed by the lot owner is correct andthe statementcontains a claim asserting the rights of the lot owner in the lot, allproceedings by the governing body to revest title of the lot in the cityor township shall be null and void and such proceedings shall besummarily terminated by the governing body as to the lots identified inthe statement.

      (3)   If it is determined by the return of the sheriff ofthe county in which the cemetery is located that the lot owner is not aresident of the county and cannot be found therein, the governingbody may cause the notice required by subsection (a)to be published once each week for two consecutiveweeks in the official city newspaper of the city or, in the case of atownship, a newspaper of general circulation within the county. Such noticeshall contain a general description of the title revestmentproceedings to be undertaken by the governing body pursuant to this act,lot numbers and descriptions and lot owners' names. In addition, thenotice shall notify the lot owner that such lot owner may within thetime provided file with the city or township clerk a statement settingforth how such lot owner acquired rights in the cemetery lot and thatsuch lot owner desires to assert such rights. If the governing body ascertains that thestatement filed by the lot owner is correctand the statementcontains a claim asserting the rights of the lot owner in the lot, allproceedings by the governing body to revest title to the lot in saidcity or township shall be null and void and such proceedings shall besummarily terminated by the governing body as to the lots identified inthe statement.

      (4)   All notices, with proofs of service, mailing and publicationthereof, and all resolutions adopted by the governing body relative tothese revestment proceedings shall be made a part of the records of suchgoverning body.

      (5)   Upon expiration of the period of time allowed for the filing ofstatements by lot owners as contained in the notice served personally,by mail or published, all parties who fail to file with the city clerktheir statement asserting their rights in the cemetery lots shall bedeemed to have abandoned their rights and claims in the lot, and thegoverning body may bring an action in the district courtof the county in which the cemetery is located against all lot owners indefault, joining as many parties so in default as it may desire in oneaction, to have the rights of the parties in such lots or parcelsterminated and the property restored to the governing body of suchcemetery free of any right, title or interest of all such defaultingparties or their heirs, administrators, trustees, legatees, devisees orassigns. Such action in all other respects shall be brought anddetermined in the same manner as ordinary actions to determine title toreal estate.

      (6)   In all such cases the fact that grantee, holder or lotowner has not, for a term of more than 50 successive years, hadoccasion to make an interment in the cemetery lot and the fact thatsuch grantee, holder or lot owner did not upon notification assert aclaim in such lot, as hereinbefore provided, shall be prima facieevidence that the party has abandoned any rights such party may havehad in such lot.

      (7)   A certified copy of the judgments in such actions quieting titlemay be filed in the office of the register of deeds in and for thecounty in which the cemetery is situated.

      (8)   All notices and all proceedings pursuant to this act shalldistinctly describe the portion of such cemetery lot unused for burialpurposes and the city or township shall leavesufficient ingress to, and egress from, any grave upon the lot, eitherby duly dedicated streets or alleys in the cemetery, or by leavingsufficient amounts of the unused portions of the cemetery for suchpurposes.

      (9)   This act shall not apply to any lot in any cemeterywhere a perpetual care contract has been entered into between suchcemetery, city or township and the owner of such lot.

      (10)   Compliance with the terms of this act shall as fully revest thecity or township with, and divest the lot owner of record of the titleto such portions of such cemetery lot unused for burial purposes asthough the lot had never been conveyed to any person, and such city ortownship shall have, hold and enjoy such unclaimed portions of such lotsfor its own uses and purposes, subject to the laws of this state, and tothe charter, bylaws, ordinances, rules and regulations of such cemeteryand city or township.

      History:   L. 1971, ch. 48, § 1; L. 1975, ch. 63, § 1; L. 1976,ch. 78, § 1; L. 1981, ch. 173, § 21; L. 1982, ch. 72, § 13; July 1.