17-1367. Same; dissolution of certain cemetery corporations; liens declared void on and after January 1, 2003; transfer of property and moneys.
17-1367
17-1367. Same; dissolution of certain cemetery
corporations; liens declared void on and after January 1, 2003; transfer of
property and moneys.
Whenever the attorney general determines the existence of an abandoned
cemetery in this state, the attorney general shall immediately proceed
to dissolve the cemetery corporation owning the same. Upon the
dissolution of such corporation, title to all property owned by the
cemetery corporation shall vest in the municipality in which the
cemetery is located,
and any liens, perfected or unperfected, against such property shall be
immediately quashed, null and void and unenforceable on and after January 1,
2003, and the permanent maintenance fund, together with
all investments then outstanding, and all books, records and papers of
such corporation shall be transferred to the treasurer of such
municipality and shall become the property thereof. Upon the transfer
of such property and funds, the governing body of such municipality
shall care for and maintain such cemetery with any moneys of the
cemetery corporation including the principal of and income from the
permanent maintenance fund and, if such moneys are insufficient to
properly maintain such cemetery, with funds of the municipality. The
principal of and income from the permanent maintenance fund may be
deposited in any appropriate fund of the municipality or may be invested
in the manner provided in K.S.A. 17-1311, and amendments thereto, but
shall be used exclusively for care and maintenance of such cemetery.
History: L. 1979, ch. 62, § 2;
L. 2008, ch. 163, § 15; May 29.