17-1376. Same; petition; notice; hearing.
17-1376
17-1376. Same; petition; notice; hearing.
Upon compliance with
K.S.A. 2009 Supp.
17-1375, and amendments thereto, the
cemetery corporation shall petition the district court of the county in which
the cemetery is located, or, if any court shall have assumed jurisdiction of
the trust, the court which has assumed jurisdiction of the trust, and give
notice of a hearing on the petition by mail to the attorney general and the
beneficiaries of the trust and notice to the lot owners by publication as
provided in subsection (d) of K.S.A. 60-307, and amendments thereto, without
mailing to any other person. Upon proof of compliance with
K.S.A. 2009 Supp.
17-1375, and
amendments thereto, satisfactory to the court, the court may approve the sale
of marketable title to the excess real estate subject to the restrictions
placed thereon by the cemetery corporation, but free of the trust restrictions
for use of sepulture purposes, if it finds such sale to be equitable and in the
best interest of the general public, the trust beneficiaries and owners of lots
in the cemetery.
History: L. 2008, ch. 15, § 2; July 1.