17-1375.Cemetery corporation; selling excess real
estate; conditions.
Any cemetery corporation to which real estate was deeded and
restricted to be used only for cemetery purposes prior to 1909 and such deed
was coupled with a trust for the benefit of not-for-profit charitable
beneficiaries, other than cemetery lot owners, may sell any excess part of such
real estate that has not been platted into burial plots free from such trust
and restrictions after a written determination by its trustees that such real
estate is excess real estate that will not be reasonably required for cemetery
purposes. Such determination shall include a written finding by the trustees
determining that the following further conditions have been or will be
satisfied and in compliance with
K.S.A. 2009 Supp.
17-1376, and amendments
thereto:
(a) The sale and transfer of marketable title to such excess real estate
for fair market value is necessary to allow the cemetery to meet current
statutory maintenance and reserve requirements and its obligations to the
beneficiaries of the trust;
(b) the cemetery corporation will record restrictions or include restrictions
in the deed of conveyance prohibiting the use of the excess real estate for
sepulture, mortuary or crematorium uses;
(c) such excess real estate is not reasonably required for future sepulture
purposes considering all remaining real estate owned by the cemetery
corporation will remain restricted to use solely for sepulture purposes;
(d) the proceeds of such sale shall be used solely for the purposes of
meeting maintenance and reserve requirements and for the benefit of the
beneficiaries of the trust all as approved in writing by the beneficiaries of
the trust;
(e) the sale contract including the proposed use, a development plan showing
the location of all proposed improvements with a reasonable buffer zone between
the improvements and all real estate platted into burial plots
and any restrictions on use
of the real estate by the purchaser shall be approved in writing by the
beneficiaries of the trust; and
(f) the sale contract including the proposed use, a development plan showing
the location of all proposed improvements with a reasonable buffer zone between
the improvements and all real estate platted into burial plots
and any restrictions on use
of the real estate by the purchaser shall be approved by the attorney general
as being in accordance with the public interest of the trust.
17-1375.Cemetery corporation; selling excess real
estate; conditions.
Any cemetery corporation to which real estate was deeded and
restricted to be used only for cemetery purposes prior to 1909 and such deed
was coupled with a trust for the benefit of not-for-profit charitable
beneficiaries, other than cemetery lot owners, may sell any excess part of such
real estate that has not been platted into burial plots free from such trust
and restrictions after a written determination by its trustees that such real
estate is excess real estate that will not be reasonably required for cemetery
purposes. Such determination shall include a written finding by the trustees
determining that the following further conditions have been or will be
satisfied and in compliance with
K.S.A. 2009 Supp.
17-1376, and amendments
thereto:
(a) The sale and transfer of marketable title to such excess real estate
for fair market value is necessary to allow the cemetery to meet current
statutory maintenance and reserve requirements and its obligations to the
beneficiaries of the trust;
(b) the cemetery corporation will record restrictions or include restrictions
in the deed of conveyance prohibiting the use of the excess real estate for
sepulture, mortuary or crematorium uses;
(c) such excess real estate is not reasonably required for future sepulture
purposes considering all remaining real estate owned by the cemetery
corporation will remain restricted to use solely for sepulture purposes;
(d) the proceeds of such sale shall be used solely for the purposes of
meeting maintenance and reserve requirements and for the benefit of the
beneficiaries of the trust all as approved in writing by the beneficiaries of
the trust;
(e) the sale contract including the proposed use, a development plan showing
the location of all proposed improvements with a reasonable buffer zone between
the improvements and all real estate platted into burial plots
and any restrictions on use
of the real estate by the purchaser shall be approved in writing by the
beneficiaries of the trust; and
(f) the sale contract including the proposed use, a development plan showing
the location of all proposed improvements with a reasonable buffer zone between
the improvements and all real estate platted into burial plots
and any restrictions on use
of the real estate by the purchaser shall be approved by the attorney general
as being in accordance with the public interest of the trust.
17-1375.Cemetery corporation; selling excess real
estate; conditions.
Any cemetery corporation to which real estate was deeded and
restricted to be used only for cemetery purposes prior to 1909 and such deed
was coupled with a trust for the benefit of not-for-profit charitable
beneficiaries, other than cemetery lot owners, may sell any excess part of such
real estate that has not been platted into burial plots free from such trust
and restrictions after a written determination by its trustees that such real
estate is excess real estate that will not be reasonably required for cemetery
purposes. Such determination shall include a written finding by the trustees
determining that the following further conditions have been or will be
satisfied and in compliance with
K.S.A. 2009 Supp.
17-1376, and amendments
thereto:
(a) The sale and transfer of marketable title to such excess real estate
for fair market value is necessary to allow the cemetery to meet current
statutory maintenance and reserve requirements and its obligations to the
beneficiaries of the trust;
(b) the cemetery corporation will record restrictions or include restrictions
in the deed of conveyance prohibiting the use of the excess real estate for
sepulture, mortuary or crematorium uses;
(c) such excess real estate is not reasonably required for future sepulture
purposes considering all remaining real estate owned by the cemetery
corporation will remain restricted to use solely for sepulture purposes;
(d) the proceeds of such sale shall be used solely for the purposes of
meeting maintenance and reserve requirements and for the benefit of the
beneficiaries of the trust all as approved in writing by the beneficiaries of
the trust;
(e) the sale contract including the proposed use, a development plan showing
the location of all proposed improvements with a reasonable buffer zone between
the improvements and all real estate platted into burial plots
and any restrictions on use
of the real estate by the purchaser shall be approved in writing by the
beneficiaries of the trust; and
(f) the sale contract including the proposed use, a development plan showing
the location of all proposed improvements with a reasonable buffer zone between
the improvements and all real estate platted into burial plots
and any restrictions on use
of the real estate by the purchaser shall be approved by the attorney general
as being in accordance with the public interest of the trust.