12-1440.Revestment of title to lots; procedure.
(a) For the purposes of this act, the term "lot owner" means the
purchaser of the cemetery lot or such purchaser's heirs, administrators,
trustees, legatees, devisees, or assigns.
(b) Whenever a city or a township
has acquired real estate for the purpose of maintaining a cemetery or
has acquired a cemetery from a cemetery association, and such city or
township or its predecessor in title has conveyed any platted lot or
designated piece of ground within the area of such cemetery, and the
governing body of such city or township is the governing body of such
cemetery as provided by K.S.A. 12-1402, the title to any conveyed
platted lots or designated pieces of ground, other than ground actually
used for burial purposes and all ground within two feet thereof, may
be revested in such city or township in the following manner
and subject to the following conditions:
(1) No interment shall have been made in the lot and the title to
such lot shall have been vested in the present owner for a period of at
least 50 years prior to the commencement of any proceedings
under this section.
(2) If the lot owner of any cemetery lot is a resident of the
county where the cemetery is located, the governing body shall
cause to be served upon such lot owner a notice that proceedings have
been initiated to revest the title of such lot in the city or township
and that such lot owner may within the time provided by the notice file
with the clerk of such city or township, as applicable, a
statement in writing explaining how rights in the cemetery lot were
acquired and such person's desire to claim such rights in the lot. The
notice shall be served in the manner provided for service of summons in
a civil case and shall provide a period of
not less than 30 days in which the statement can be filed. If the governing
body ascertains that the
statement filed by the lot owner is correct and
the statement
contains a claim asserting the rights of the lot owner in the lot, all
proceedings by the governing body to revest title of the lot in the city
or township shall be null and void and such proceedings shall be
summarily terminated by the governing body as to the lots identified in
the statement.
(3) If it is determined by the return of the sheriff of
the county in which the cemetery is located that the lot owner is not a
resident of the county and cannot be found therein, the governing
body may cause the notice required by subsection (a)
to be published once each week for two consecutive
weeks in the official city newspaper of the city or, in the case of a
township, a newspaper of general circulation within the county. Such notice
shall contain a general description of the title revestment
proceedings to be undertaken by the governing body pursuant to this act,
lot numbers and descriptions and lot owners' names. In addition, the
notice shall notify the lot owner that such lot owner may within the
time provided file with the city or township clerk a statement setting
forth how such lot owner acquired rights in the cemetery lot and that
such lot owner desires to assert such rights. If the governing body ascertains that the
statement filed by the lot owner is correct
and the statement
contains a claim asserting the rights of the lot owner in the lot, all
proceedings by the governing body to revest title to the lot in said
city or township shall be null and void and such proceedings shall be
summarily terminated by the governing body as to the lots identified in
the statement.
(4) All notices, with proofs of service, mailing and publication
thereof, and all resolutions adopted by the governing body relative to
these revestment proceedings shall be made a part of the records of such
governing body.
(5) Upon expiration of the period of time allowed for the filing of
statements by lot owners as contained in the notice served personally,
by mail or published, all parties who fail to file with the city clerk
their statement asserting their rights in the cemetery lots shall be
deemed to have abandoned their rights and claims in the lot, and the
governing body may bring an action in the district court
of the county in which the cemetery is located against all lot owners in
default, joining as many parties so in default as it may desire in one
action, to have the rights of the parties in such lots or parcels
terminated and the property restored to the governing body of such
cemetery free of any right, title or interest of all such defaulting
parties or their heirs, administrators, trustees, legatees, devisees or
assigns. Such action in all other respects shall be brought and
determined in the same manner as ordinary actions to determine title to
real estate.
(6) In all such cases the fact that grantee, holder or lot
owner has not, for a term of more than 50 successive years, had
occasion to make an interment in the cemetery lot and the fact that
such grantee, holder or lot owner did not upon notification assert a
claim in such lot, as hereinbefore provided, shall be prima facie
evidence that the party has abandoned any rights such party may have
had in such lot.
(7) A certified copy of the judgments in such actions quieting title
may be filed in the office of the register of deeds in and for the
county in which the cemetery is situated.
(8) All notices and all proceedings pursuant to this act shall
distinctly describe the portion of such cemetery lot unused for burial
purposes and the city or township shall leave
sufficient ingress to, and egress from, any grave upon the lot, either
by duly dedicated streets or alleys in the cemetery, or by leaving
sufficient amounts of the unused portions of the cemetery for such
purposes.
(9) This act shall not apply to any lot in any cemetery
where a perpetual care contract has been entered into between such
cemetery, city or township and the owner of such lot.
(10) Compliance with the terms of this act shall as fully revest the
city or township with, and divest the lot owner of record of the title
to such portions of such cemetery lot unused for burial purposes as
though the lot had never been conveyed to any person, and such city or
township shall have, hold and enjoy such unclaimed portions of such lots
for its own uses and purposes, subject to the laws of this state, and to
the charter, bylaws, ordinances, rules and regulations of such cemetery
and 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.
12-1440.Revestment of title to lots; procedure.
(a) For the purposes of this act, the term "lot owner" means the
purchaser of the cemetery lot or such purchaser's heirs, administrators,
trustees, legatees, devisees, or assigns.
(b) Whenever a city or a township
has acquired real estate for the purpose of maintaining a cemetery or
has acquired a cemetery from a cemetery association, and such city or
township or its predecessor in title has conveyed any platted lot or
designated piece of ground within the area of such cemetery, and the
governing body of such city or township is the governing body of such
cemetery as provided by K.S.A. 12-1402, the title to any conveyed
platted lots or designated pieces of ground, other than ground actually
used for burial purposes and all ground within two feet thereof, may
be revested in such city or township in the following manner
and subject to the following conditions:
(1) No interment shall have been made in the lot and the title to
such lot shall have been vested in the present owner for a period of at
least 50 years prior to the commencement of any proceedings
under this section.
(2) If the lot owner of any cemetery lot is a resident of the
county where the cemetery is located, the governing body shall
cause to be served upon such lot owner a notice that proceedings have
been initiated to revest the title of such lot in the city or township
and that such lot owner may within the time provided by the notice file
with the clerk of such city or township, as applicable, a
statement in writing explaining how rights in the cemetery lot were
acquired and such person's desire to claim such rights in the lot. The
notice shall be served in the manner provided for service of summons in
a civil case and shall provide a period of
not less than 30 days in which the statement can be filed. If the governing
body ascertains that the
statement filed by the lot owner is correct and
the statement
contains a claim asserting the rights of the lot owner in the lot, all
proceedings by the governing body to revest title of the lot in the city
or township shall be null and void and such proceedings shall be
summarily terminated by the governing body as to the lots identified in
the statement.
(3) If it is determined by the return of the sheriff of
the county in which the cemetery is located that the lot owner is not a
resident of the county and cannot be found therein, the governing
body may cause the notice required by subsection (a)
to be published once each week for two consecutive
weeks in the official city newspaper of the city or, in the case of a
township, a newspaper of general circulation within the county. Such notice
shall contain a general description of the title revestment
proceedings to be undertaken by the governing body pursuant to this act,
lot numbers and descriptions and lot owners' names. In addition, the
notice shall notify the lot owner that such lot owner may within the
time provided file with the city or township clerk a statement setting
forth how such lot owner acquired rights in the cemetery lot and that
such lot owner desires to assert such rights. If the governing body ascertains that the
statement filed by the lot owner is correct
and the statement
contains a claim asserting the rights of the lot owner in the lot, all
proceedings by the governing body to revest title to the lot in said
city or township shall be null and void and such proceedings shall be
summarily terminated by the governing body as to the lots identified in
the statement.
(4) All notices, with proofs of service, mailing and publication
thereof, and all resolutions adopted by the governing body relative to
these revestment proceedings shall be made a part of the records of such
governing body.
(5) Upon expiration of the period of time allowed for the filing of
statements by lot owners as contained in the notice served personally,
by mail or published, all parties who fail to file with the city clerk
their statement asserting their rights in the cemetery lots shall be
deemed to have abandoned their rights and claims in the lot, and the
governing body may bring an action in the district court
of the county in which the cemetery is located against all lot owners in
default, joining as many parties so in default as it may desire in one
action, to have the rights of the parties in such lots or parcels
terminated and the property restored to the governing body of such
cemetery free of any right, title or interest of all such defaulting
parties or their heirs, administrators, trustees, legatees, devisees or
assigns. Such action in all other respects shall be brought and
determined in the same manner as ordinary actions to determine title to
real estate.
(6) In all such cases the fact that grantee, holder or lot
owner has not, for a term of more than 50 successive years, had
occasion to make an interment in the cemetery lot and the fact that
such grantee, holder or lot owner did not upon notification assert a
claim in such lot, as hereinbefore provided, shall be prima facie
evidence that the party has abandoned any rights such party may have
had in such lot.
(7) A certified copy of the judgments in such actions quieting title
may be filed in the office of the register of deeds in and for the
county in which the cemetery is situated.
(8) All notices and all proceedings pursuant to this act shall
distinctly describe the portion of such cemetery lot unused for burial
purposes and the city or township shall leave
sufficient ingress to, and egress from, any grave upon the lot, either
by duly dedicated streets or alleys in the cemetery, or by leaving
sufficient amounts of the unused portions of the cemetery for such
purposes.
(9) This act shall not apply to any lot in any cemetery
where a perpetual care contract has been entered into between such
cemetery, city or township and the owner of such lot.
(10) Compliance with the terms of this act shall as fully revest the
city or township with, and divest the lot owner of record of the title
to such portions of such cemetery lot unused for burial purposes as
though the lot had never been conveyed to any person, and such city or
township shall have, hold and enjoy such unclaimed portions of such lots
for its own uses and purposes, subject to the laws of this state, and to
the charter, bylaws, ordinances, rules and regulations of such cemetery
and 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.
12-1440.Revestment of title to lots; procedure.
(a) For the purposes of this act, the term "lot owner" means the
purchaser of the cemetery lot or such purchaser's heirs, administrators,
trustees, legatees, devisees, or assigns.
(b) Whenever a city or a township
has acquired real estate for the purpose of maintaining a cemetery or
has acquired a cemetery from a cemetery association, and such city or
township or its predecessor in title has conveyed any platted lot or
designated piece of ground within the area of such cemetery, and the
governing body of such city or township is the governing body of such
cemetery as provided by K.S.A. 12-1402, the title to any conveyed
platted lots or designated pieces of ground, other than ground actually
used for burial purposes and all ground within two feet thereof, may
be revested in such city or township in the following manner
and subject to the following conditions:
(1) No interment shall have been made in the lot and the title to
such lot shall have been vested in the present owner for a period of at
least 50 years prior to the commencement of any proceedings
under this section.
(2) If the lot owner of any cemetery lot is a resident of the
county where the cemetery is located, the governing body shall
cause to be served upon such lot owner a notice that proceedings have
been initiated to revest the title of such lot in the city or township
and that such lot owner may within the time provided by the notice file
with the clerk of such city or township, as applicable, a
statement in writing explaining how rights in the cemetery lot were
acquired and such person's desire to claim such rights in the lot. The
notice shall be served in the manner provided for service of summons in
a civil case and shall provide a period of
not less than 30 days in which the statement can be filed. If the governing
body ascertains that the
statement filed by the lot owner is correct and
the statement
contains a claim asserting the rights of the lot owner in the lot, all
proceedings by the governing body to revest title of the lot in the city
or township shall be null and void and such proceedings shall be
summarily terminated by the governing body as to the lots identified in
the statement.
(3) If it is determined by the return of the sheriff of
the county in which the cemetery is located that the lot owner is not a
resident of the county and cannot be found therein, the governing
body may cause the notice required by subsection (a)
to be published once each week for two consecutive
weeks in the official city newspaper of the city or, in the case of a
township, a newspaper of general circulation within the county. Such notice
shall contain a general description of the title revestment
proceedings to be undertaken by the governing body pursuant to this act,
lot numbers and descriptions and lot owners' names. In addition, the
notice shall notify the lot owner that such lot owner may within the
time provided file with the city or township clerk a statement setting
forth how such lot owner acquired rights in the cemetery lot and that
such lot owner desires to assert such rights. If the governing body ascertains that the
statement filed by the lot owner is correct
and the statement
contains a claim asserting the rights of the lot owner in the lot, all
proceedings by the governing body to revest title to the lot in said
city or township shall be null and void and such proceedings shall be
summarily terminated by the governing body as to the lots identified in
the statement.
(4) All notices, with proofs of service, mailing and publication
thereof, and all resolutions adopted by the governing body relative to
these revestment proceedings shall be made a part of the records of such
governing body.
(5) Upon expiration of the period of time allowed for the filing of
statements by lot owners as contained in the notice served personally,
by mail or published, all parties who fail to file with the city clerk
their statement asserting their rights in the cemetery lots shall be
deemed to have abandoned their rights and claims in the lot, and the
governing body may bring an action in the district court
of the county in which the cemetery is located against all lot owners in
default, joining as many parties so in default as it may desire in one
action, to have the rights of the parties in such lots or parcels
terminated and the property restored to the governing body of such
cemetery free of any right, title or interest of all such defaulting
parties or their heirs, administrators, trustees, legatees, devisees or
assigns. Such action in all other respects shall be brought and
determined in the same manner as ordinary actions to determine title to
real estate.
(6) In all such cases the fact that grantee, holder or lot
owner has not, for a term of more than 50 successive years, had
occasion to make an interment in the cemetery lot and the fact that
such grantee, holder or lot owner did not upon notification assert a
claim in such lot, as hereinbefore provided, shall be prima facie
evidence that the party has abandoned any rights such party may have
had in such lot.
(7) A certified copy of the judgments in such actions quieting title
may be filed in the office of the register of deeds in and for the
county in which the cemetery is situated.
(8) All notices and all proceedings pursuant to this act shall
distinctly describe the portion of such cemetery lot unused for burial
purposes and the city or township shall leave
sufficient ingress to, and egress from, any grave upon the lot, either
by duly dedicated streets or alleys in the cemetery, or by leaving
sufficient amounts of the unused portions of the cemetery for such
purposes.
(9) This act shall not apply to any lot in any cemetery
where a perpetual care contract has been entered into between such
cemetery, city or township and the owner of such lot.
(10) Compliance with the terms of this act shall as fully revest the
city or township with, and divest the lot owner of record of the title
to such portions of such cemetery lot unused for burial purposes as
though the lot had never been conveyed to any person, and such city or
township shall have, hold and enjoy such unclaimed portions of such lots
for its own uses and purposes, subject to the laws of this state, and to
the charter, bylaws, ordinances, rules and regulations of such cemetery
and 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.