17-1375.   Cemetery corporation; selling excess realestate; conditions.Any cemetery corporation to which real estate was deeded andrestricted to be used only for cemetery purposes prior to 1909 and such deedwas coupled with a trust for the benefit of not-for-profit charitablebeneficiaries, other than cemetery lot owners, may sell any excess part of suchreal estate that has not been platted into burial plots free from such trustand restrictions after a written determination by its trustees that such realestate is excess real estate that will not be reasonably required for cemeterypurposes. Such determination shall include a written finding by the trusteesdetermining that the following further conditions have been or will besatisfied and in compliance withK.S.A. 2009 Supp.17-1376, and amendmentsthereto:

      (a)   The sale and transfer of marketable title to such excess real estatefor fair market value is necessary to allow the cemetery to meet currentstatutory maintenance and reserve requirements and its obligations to thebeneficiaries of the trust;

      (b)   the cemetery corporation will record restrictions or include restrictionsin the deed of conveyance prohibiting the use of the excess real estate forsepulture, mortuary or crematorium uses;

      (c)   such excess real estate is not reasonably required for future sepulturepurposes considering all remaining real estate owned by the cemeterycorporation will remain restricted to use solely for sepulture purposes;

      (d)   the proceeds of such sale shall be used solely for the purposes ofmeeting maintenance and reserve requirements and for the benefit of thebeneficiaries of the trust all as approved in writing by the beneficiaries ofthe trust;

      (e)   the sale contract including the proposed use, a development plan showingthe location of all proposed improvements with a reasonable buffer zone betweenthe improvements and all real estate platted into burial plotsand any restrictions on useof the real estate by the purchaser shall be approved in writing by thebeneficiaries of the trust; and

      (f)   the sale contract including the proposed use, a development plan showingthe location of all proposed improvements with a reasonable buffer zone betweenthe improvements and all real estate platted into burial plotsand any restrictions on useof the real estate by the purchaser shall be approved by the attorney generalas being in accordance with the public interest of the trust.

      History:   L. 2008, ch. 15, § 1; July 1.