Sec. 1. (a) Except as provided in subsection (b), this chapter does not apply to:
(1) a cemetery owned by a municipal corporation or other governmental unit;
(2) a religious cemetery; or
(3) a cemetery:
(A) that is ten (10) acres or less in size;
(B) that is owned and operated entirely and exclusively by a nonprofit mutual association in existence on June 14, 1939; and
(C) in which burials have taken place before June 14, 1939.
(b) If a cemetery described in subsection (a)(3) directly or indirectly:
(1) constructs or permits to be constructed any structure, above or below ground, and offers interment rights in the structure for sale to the general public; or
(2) acquires:
(A) additional land; or
(B) an interest in additional land;
causing the cemetery to exceed ten (10) acres in size;
this chapter applies to the whole of the cemetery.
As added by P.L.52-1997, SEC.22.
Structure Indiana Code
Title 23. Business and Other Associations
Article 14. Cemetery Associations
Chapter 48. Cemetery Perpetual Care Fund
23-14-48-1. Application of Chapter
23-14-48-1.5. "Immediate Maintenance Needs"
23-14-48-2. Establishment of Perpetual Care Fund; Limit on Withdrawals
23-14-48-2.2. Withdrawal of Funds From Perpetual Care Fund Established as a Conventional Trust
23-14-48-2.4. Investment of Money in Perpetual Care Fund
23-14-48-2.6. Conversion of Perpetual Care Fund Into Total Return Unitrust
23-14-48-3. Establishment; Payment; Fund Segregated
23-14-48-4. Duties of Cemetery Organized After March 6, 1953, and Before July 1, 1997
23-14-48-5. Duties of Cemetery Organized After June 30, 1997
23-14-48-6. Increases in Perpetual Care Fund
23-14-48-7. Accounting and Report; Audit
23-14-48-8. Separate and Distinct Cemeteries
23-14-48-9. Violation of Chapter
23-14-48-10. Formation of Association for Management, Care, and Supervision of Cemetery