Indiana Code
Title 23. Business and Other Associations
Article 14. Cemetery Associations

23-14-31-26. Priority Among Persons Having Right to Serve as Authorizing Agent; Persons Who May Not Serve; Disputes - Sec. 26. (a) Except as provided in subsection (c), the...

23-14-31-27. Authorization Procedure; Immunity From Liability; Exceptions - Sec. 27. (a) Except as provided in subsection (c), a...

23-14-31-28. Delegation of Authority; Immunity for Reliance on Cremation Authorization Form - Sec. 28. (a) If the authorizing agent is not available...

23-14-31-29. Effect of Signing Cremation Authorization Form; Responsibility for Final Disposition - Sec. 29. (a) Except for the information required under section...

23-14-31-30. Crematory Authority; Liability for Cremation or Disposition - Sec. 30. (a) Except as provided in section 36 of...

23-14-31-31. Cancellation by Authorizing Agent and Instructions for Alternative Disposition - Sec. 31. After an authorizing agent has executed a cremation...

23-14-31-32. Receipts Provided by Crematory Authority - Sec. 32. (a) The crematory authority shall furnish a receipt...

23-14-31-33. Crematory Authority Records - Sec. 33. (a) A crematory authority shall maintain at the...

23-14-31-34. Cemetery Records - Sec. 34. Each cemetery shall maintain a record of all...

23-14-31-35. Casket Requirements; Acceptance of Human Remains - Sec. 35. (a) A crematory authority shall not require that...

23-14-31-36. Time; Human Remains Containing Hazardous Materials; Exceptions - Sec. 36. (a) Except: (1) when waived in writing by...

23-14-31-37. Use of Holding Facilities - Sec. 37. When a crematory authority is unable to or...

23-14-31-38. Destruction or Cremation of Casket or Alternative Container - Sec. 38. The casket or the alternative container containing the...

23-14-31-39. Simultaneous Cremations - Sec. 39. (a) Except as provided in IC 16-21-11-6 and...

23-14-31-40. Removal of Recoverable Residue - Sec. 40. After each cremation, all the recoverable residue of...

23-14-31-41. Additional Containers for Cremated Remains - Sec. 41. If all of the recovered cremated remains will...

23-14-31-42. Shipment of Cremated Remains - Sec. 42. (a) Cremated remains may only be shipped by...

23-14-31-43. Responsibility for Final Disposition - Sec. 43. The authorizing agent is responsible for the decision...

23-14-31-44. Legal Control and Disposition; Forms Concerning Disposal - Sec. 44. (a) Cremated remains may be retained by the...

23-14-31-45. Disposition of Cremated Remains Where No Instructions Exist - Sec. 45. (a) After completion of the cremation process, if...

23-14-31-46. Commingling of Cremated Remains - Sec. 46. Except with the express written permission of the...

23-14-31-47. Liability for Cremation Designated by Authorization - Sec. 47. A crematory authority that has received an executed...

23-14-31-48. Liability for Nonacceptance or Nonperformance - Sec. 48. (a) A crematory authority is not liable for...

23-14-31-49. Disputes Concerning Cremated Remains; Liability for Refusing Release - Sec. 49. (a) If a crematory authority is aware of...

23-14-31-50. Responsibility for Prosthetic Devices or Valuables; Resale of Caskets or Medical Devices - Sec. 50. A crematory authority is not responsible or liable...

23-14-31-51. Liability of Cemeteries - Sec. 51. A cemetery is not liable for cremated remains...

23-14-31-52. Violations; Offenses - Sec. 52. (a) Except as provided in subsections (b), (c),...

23-14-31-53. Injunction Actions - Sec. 53. If a crematory authority: (1) refuses to file...

Chapter 32. Curfews

23-14-32-1. Curfews to Memorialize the Dead - Sec. 1. A county, city, or town may impose a...

Chapter 33. Application and Definitions of Cemetery Law

23-14-33-1. Citation of Chapters - Sec. 1. This chapter through IC 23-14-76 may be referred...

23-14-33-2. Application of Provisions - Sec. 2. The provisions of this chapter through IC 23-14-76...

23-14-33-3. Rules of Cemetery Owner - Sec. 3. (a) Notwithstanding any provision of IC 23-14-33 through...

23-14-33-4. Application of Definitions - Sec. 4. (a) The definitions set forth in this chapter...

23-14-33-5. "Burial" - Sec. 5. "Burial" means the opening and closing of a...

23-14-33-6. "Burial Right" - Sec. 6. "Burial right" means a right of interment, entombment,...

23-14-33-7. "Cemetery" - Sec. 7. "Cemetery" means any land or structure in Indiana...

23-14-33-7.5. "Cemetery Caretaker" - Sec. 7.5. "Cemetery caretaker" means an individual appointed by a...

23-14-33-8. "Cemetery Owner" or "Owner of a Cemetery" - Sec. 8. "Cemetery owner" or "owner of a cemetery" means...

23-14-33-9. "Cemetery Purposes" - Sec. 9. "Cemetery purposes" means all things necessary for or...

23-14-33-9.5. "Certificate of Burial Rights" - Sec. 9.5. "Certificate of burial rights" means a written instrument...

23-14-33-10. "Columbarium" - Sec. 10. "Columbarium" means a structure or room or space...

23-14-33-11. "Community Columbarium" - Sec. 11. "Community columbarium" means a columbarium in which inurnment...

23-14-33-12. "Community Garden Crypt" - Sec. 12. "Community garden crypt" means a garden crypt in...

23-14-33-13. "Community Mausoleum" - Sec. 13. "Community mausoleum" means a mausoleum in which entombment...

23-14-33-14. "Cremation" - Sec. 14. "Cremation" means: (1) the incineration of: (A) the...

23-14-33-15. "Crematory" - Sec. 15. "Crematory" means a building or structure, including a...

23-14-33-16. "Crypt" - Sec. 16. "Crypt" means a chamber in a mausoleum or...

23-14-33-17. "Disinterment" - Sec. 17. "Disinterment" means the recovery of human remains by...

23-14-33-18. "Entombment" - Sec. 18. "Entombment" means any lawful disposition of the remains...

23-14-33-19. "Financial Institution" - Sec. 19. "Financial institution" means a state or national: (1)...

23-14-33-20. "Garden Crypt" - Sec. 20. (a) "Garden crypt" means a structure or building...

23-14-33-21. "Human Remains" or "Remains" - Sec. 21. (a) "Human remains" or "remains" means the body...

23-14-33-22. "Interment" - Sec. 22. "Interment" means any lawful disposition in the earth...

23-14-33-23. "Inurnment" - Sec. 23. "Inurnment" means any lawful disposition of the cremated...

23-14-33-24. "Lawn Crypt" - Sec. 24. "Lawn crypt" means a vault that is: (1)...

23-14-33-25. "Lot", "Plot", "Burial Space", or "Section" - Sec. 25. (a) "Lot", "plot", "burial space", or "section" means...

23-14-33-26. "Lot Owner", "Lot Holder", "Plot Owner", "Plot Holder", "Burial Right Owner", "Burial Right Holder", "Burial Space Owner", or "Burial Space Holder" - Sec. 26. "Lot owner", "lot holder", "plot owner", "plot holder",...

23-14-33-27. "Mausoleum" - Sec. 27. (a) "Mausoleum" means a structure or building that:...

23-14-33-28. "Niche" - Sec. 28. "Niche" is a space in a columbarium that...

23-14-33-29. "Owner" - Sec. 29. (a) "Owner", when used in reference to a:...

23-14-33-30. "Perpetual Care" or "Endowment Care" - Sec. 30. (a) "Perpetual care" or "endowment care" means, through...

23-14-33-31. "Person" - Sec. 31. "Person" means an individual, an association, a limited...

23-14-33-32. "Religious Cemetery" - Sec. 32. "Religious cemetery" means a cemetery that is owned,...

23-14-33-33. "Vault" - Sec. 33. (a) "Vault" means: (1) an outer burial container...

Chapter 34. Mandatory Recording of Survey and Plat

23-14-34-1. Mandatory Recording of Survey and Plat for Certain Cemeteries - Sec. 1. Before granting or selling any burial right in...

23-14-34-2. Duties After Violations; Class C Infraction - Sec. 2. (a) The owner of a cemetery that has...

23-14-34-3. Transfers to Include Reference to Recorded Plat - Sec. 3. Each transfer of interment, entombment, or inurnment rights...

23-14-34-4. Issuance of Certificate of Burial Rights - Sec. 4. The owner of a cemetery shall issue a...

23-14-34-5. Requirements for Recorded Surveys and Plats - Sec. 5. A survey and plat recorded under this chapter...

23-14-34-6. Use of Property After Recording - Sec. 6. Except as provided in section 7 of this...

23-14-34-7. Vacation or Alteration of Recorded Plat - Sec. 7. (a) Subject to subsection (b), the owner of...

23-14-34-8. Defective or Incomplete Surveys or Plats - Sec. 8. If: (1) the owner of a cemetery has...

23-14-34-9. Violation of Chapter; Class B Misdemeanor - Sec. 9. A person who knowingly violates: (1) section 1;...

Chapter 35. Requirements Applying to Cemetery Plats

23-14-35-1. Lost or Destroyed Plats - Sec. 1. If: (1) the original plat of a cemetery;...

23-14-35-2. Replacement Plats - Sec. 2. A replacement plat made under section 1 of...

Chapter 36. Commencement of the Sale of Burial Rights

23-14-36-1. Sale or Grant of Burial Rights - Sec. 1. After recording the plat under IC 23-14-34-1, the...

23-14-36-2. Requirements for Transfer or Assignment of Burial Rights - Sec. 2. Burial rights sold or granted under section 1...

23-14-36-3. Violation of Chapter; Class B Misdemeanor - Sec. 3. A person who knowingly violates this chapter commits...

Chapter 37. Unlawful Inducements in the Sale of Burial Rights

23-14-37-1. Unlawful Inducements for Purchase of Burial Rights - Sec. 1. Except as provided in section 2 of this...

23-14-37-2. Repurchase of Burial Rights Under Lot Exchange Plan - Sec. 2. A cemetery owner may offer or agree to...

23-14-37-3. Violation of Chapter; Class B Misdemeanor - Sec. 3. A person who knowingly violates this chapter commits...

Chapter 38. Construction of Mausoleums and Vaults

23-14-38-1. Construction of Crypts; Ventilation - Sec. 1. (a) A crypt placed in a mausoleum, vault,...

23-14-38-2. Removal and Reinterment of Bodies From Burial Structure Declared to Be Public Nuisance; Removal of Mausoleum or Vault; Costs - Sec. 2. (a) This section applies if: (1) a person...

23-14-38-3. Violation of Chapter; Class B Misdemeanor - Sec. 3. A person who recklessly fails to comply with...

Chapter 39. Burial Rights in Multispace Plots

23-14-39-1. Application of Chapter - Sec. 1. This chapter applies to: (1) all burial rights...

23-14-39-2. Individual Property Rights - Sec. 2. Except as provided in section 3 of this...

23-14-39-3. Vested Rights of Spouse of Grantee; Effect of Dissolution of Marriage - Sec. 3. (a) If the grantee of a burial plot...

Chapter 40. Joint Burial Rights in Multispace Plots

23-14-40-1. Application of Chapter - Sec. 1. This chapter applies to: (1) all burial rights...

23-14-40-2. Application of Chapter; Multispace Plots - Sec. 2. This chapter applies to burial rights in a...

23-14-40-3. Certain Burial Rights Owned With Right of Survivorship - Sec. 3. Any burial rights that are held in joint...

23-14-40-4. Burial Rights Held in Joint Tenancy by Husband and Wife - Sec. 4. If the owners of burial rights held in...

23-14-40-5. Burial Rights of Joint Tenants - Sec. 5. In a grant of burial rights to two...

23-14-40-6. Rights of Surviving Joint Tenant - Sec. 6. If an affidavit by a competent person that:...

23-14-40-7. Waiver or Termination of Burial Rights - Sec. 7. If an individual has a vested right of...

23-14-40-8. Restrictions on Burial Rights - Sec. 8. A vested right of interment, entombment, or inurnment...

Chapter 41. Family Burial Lots

23-14-41-1. Application of Chapter - Sec. 1. This chapter applies to all burial rights in:...

23-14-41-2. "Burial Plot" Defined - Sec. 2. As used in this chapter, "burial plot" means...

23-14-41-3. Holding of Family Burial Plot - Sec. 3. Upon the death of the record owner of...

23-14-41-4. Use of Family Burial Plot - Sec. 4. (a) In a family burial plot: (1) one...

23-14-41-5. Waiver of Burial Rights - Sec. 5. (a) A: (1) surviving spouse; or (2) parent,...

23-14-41-6. Affidavit Permitting Use of Family Burial Plot - Sec. 6. An affidavit that sets forth: (1) the fact...

23-14-41-7. Termination and Transfer of Family Burial Plot - Sec. 7. If a family burial plot has been established...

Chapter 42. Burial Rights by Designation, Bequest, or Descent, and Rights of Co-Owners

23-14-42-1. "Burial Plot" Defined - Sec. 1. As used in this chapter, "burial plot" means...

23-14-42-2. Designation of Remains Permitted to Be Interred - Sec. 2. The owner of the burial rights in any...

23-14-42-3. Transfer of Burial Rights - Sec. 3. The owner of the burial rights in any...

23-14-42-4. Burial Rights Passing as Part of Estate - Sec. 4. Upon the death of the record owner of...

23-14-42-5. Liability of Cemetery Acting Upon Request of Registered Co-Owner of Burial Rights - Sec. 5. (a) If there are several owners of burial...

Chapter 42.5. Burial With Law Enforcement Animals or Service Animals

23-14-42.5-1. "Animal" - Sec. 1. As used in this chapter, "animal" refers to...

23-14-42.5-2. "Burial Plot" - Sec. 2. As used in this chapter, "burial plot" means...

23-14-42.5-3. "Deceased Animal" - Sec. 3. As used in this chapter, "deceased animal" means...

23-14-42.5-4. "Deceased Owner" - Sec. 4. As used in this chapter, "deceased owner" refers...

23-14-42.5-5. "Law Enforcement Animal" - Sec. 5. (a) As used in this chapter, "law enforcement...

23-14-42.5-6. "Military Animal" - Sec. 6. As used in this chapter, "military animal" refers...

23-14-42.5-7. Scattering, Placing, Interring Cremated Animal Remains on a Burial Plot - Sec. 7. (a) Subject to subsection (b), the cremated remains...

Chapter 43. Assessments to Improve Cemetery Roads

23-14-43-1. Improvements to Approaches or Roads - Sec. 1. The officers, owners, or directors in charge of...

23-14-43-2. Restrictions on Improvements - Sec. 2. The part of an approach or road that...

Chapter 44. Prohibition on Road and Utility Construction in Cemeteries

23-14-44-1. Restrictions on Road or Utility Construction - Sec. 1. (a) This section applies to a cemetery from...

23-14-44-2. Injunctions - Sec. 2. Upon the complaint of any person, a permanent...

23-14-44-3. Violation of Chapter; Class B Misdemeanor - Sec. 3. A person who knowingly violates this chapter commits...

Chapter 45. Construction of Railroads on Cemetery Property Prohibited

23-14-45-1. Construction of Railroad on Cemetery Property Prohibited - Sec. 1. A person shall not locate or construct a...

23-14-45-2. Injunctions - Sec. 2. Upon the complaint of any person, another person...

23-14-45-3. Violation of Chapter; Class C Infraction - Sec. 3. A person who violates this chapter commits a...

Chapter 46. Cemetery Rules and Regulations and Exclusive Rights

23-14-46-1. Powers of Owner - Sec. 1. (a) Subject to subsection (b), the owner of...

23-14-46-2. Penalties for Rule Violation - Sec. 2. The owner of a cemetery may: (1) prescribe...

23-14-46-3. Requirements - Sec. 3. Rules and regulations adopted by a cemetery under...

23-14-46-4. Restrictions on Imposition of Monetary Penalty - Sec. 4. The owner of a cemetery may not, because...

23-14-46-5. Restrictions on Public Notice - Sec. 5. A public notice, including a notice of nonpayment,...

23-14-46-6. Powers and Duties of Person in Charge of Cemetery - Sec. 6. The sexton, superintendent, manager, director, or other person...

23-14-46-7. Exclusive Rights of Owner - Sec. 7. Because the owner of a cemetery is responsible...

23-14-46-8. Violation of Chapter; Class B Misdemeanor - Sec. 8. A person who knowingly violates this chapter commits...

23-14-46-9. Commodities or Services; Written Statement; Itemized Price Range - Sec. 9. When selling commodities or services to a consumer,...

Chapter 47. Use, Sale, and Installation of Monuments and Other Commodities

23-14-47-1. Establishment of Rules and Regulations - Sec. 1. (a) Subject to subsection (b), a cemetery owner...

23-14-47-2. Duties of Owner - Sec. 2. A cemetery owner shall not prevent the use...

23-14-47-3. Fees for Services - Sec. 3. The fee that a cemetery owner charges for...

23-14-47-4. Schedule of Charges - Sec. 4. At the usual place for transacting the regular...

23-14-47-5. Violation of Chapter; Class B Misdemeanor - Sec. 5. A person who knowingly violates this chapter commits...

Chapter 48. Cemetery Perpetual Care Fund

23-14-48-0.1. Repealed - As added by P.L.220-2011, SEC.380. Repealed by P.L.63-2012, SEC.26.

23-14-48-1. Application of Chapter - Sec. 1. (a) Except as provided in subsection (b), this...

23-14-48-1.5. "Immediate Maintenance Needs" - Sec. 1.5. As used in this chapter, the "immediate maintenance...

23-14-48-2. Establishment of Perpetual Care Fund; Limit on Withdrawals - Sec. 2. (a) The owner of each cemetery shall provide...

23-14-48-2.2. Withdrawal of Funds From Perpetual Care Fund Established as a Conventional Trust - Sec. 2.2. If: (1) the perpetual care fund of a...

23-14-48-2.4. Investment of Money in Perpetual Care Fund - Sec. 2.4. (a) As used in this section, "broker or...

23-14-48-2.6. Conversion of Perpetual Care Fund Into Total Return Unitrust - Sec. 2.6. (a) If a perpetual care fund established under...

23-14-48-3. Establishment; Payment; Fund Segregated - Sec. 3. (a) A perpetual care fund shall be established...

23-14-48-4. Duties of Cemetery Organized After March 6, 1953, and Before July 1, 1997 - Sec. 4. (a) In addition to meeting the requirements of...

23-14-48-5. Duties of Cemetery Organized After June 30, 1997 - Sec. 5. (a) In addition to meeting the requirements of...

23-14-48-6. Increases in Perpetual Care Fund - Sec. 6. A perpetual care fund may be increased by...

23-14-48-7. Accounting and Report; Audit - Sec. 7. (a) Not more than ninety (90) days after...

23-14-48-8. Separate and Distinct Cemeteries - Sec. 8. Each geographic location used as a cemetery constitutes...

23-14-48-9. Violation of Chapter - Sec. 9. (a) Except as otherwise provided in subsections (b)...

23-14-48-10. Formation of Association for Management, Care, and Supervision of Cemetery - Sec. 10. (a) This section applies to a corporation that:...

Chapter 48.5. Consumer Protection Fund for Cemetery Maintenance

23-14-48.5-1. Application - Sec. 1. (a) Except as provided in subsection (b), this...

23-14-48.5-2. "Board" - Sec. 2. As used in this chapter, "board" means the...

23-14-48.5-3. "Fund" - Sec. 3. As used in this chapter, "fund" refers to...

23-14-48.5-4. Consumer Protection Fund for Cemetery Maintenance; Establishment; Funding; Continuously Appropriated - Sec. 4. (a) The consumer protection fund for cemetery maintenance...

23-14-48.5-5. Duties of Cemetery Owner; Payment - Sec. 5. (a) The owner of a cemetery shall contribute...

23-14-48.5-6. Use of Money in Fund - Sec. 6. Money in the fund may be used to...

23-14-48.5-7. Application for Funds; Maximum Withdrawal; Recovery; Suspension of Payments to Fund - Sec. 7. (a) The: (1) owner of a cemetery; or...

Chapter 49. Cemetery Escrow or Trust Accounts

23-14-49-1. Application of Chapter; Placement of Certain Proceeds - Sec. 1. (a) This chapter does not apply to the...

23-14-49-2. Powers of Owner - Sec. 2. The owner of a cemetery may: (1) take...

23-14-49-3. Violation of Chapter; Class a Misdemeanor - Sec. 3. A person who knowingly violates this chapter commits...

Chapter 50. The Nature of Cemetery Funds

23-14-50-1. Application of Chapter - Sec. 1. (a) Except as provided in subsection (b), this...

23-14-50-2. Charitable and Eleemosynary Purpose of Funds - Sec. 2. (a) The accumulation and holding of: (1) the...

23-14-50-3. Trustee's Relief From Duties - Sec. 3. If: (1) any gift, grant, bequest, donation, or...

Chapter 51. The Investment and Use of Cemetery Funds

23-14-51-1. Application of Chapter - Sec. 1. (a) Except as provided in subsection (b), this...

23-14-51-2. Investment and Reinvestment of Money and Assets - Sec. 2. After June 14, 1939, a cemetery to which...

23-14-51-3. Loans From Perpetual Care Fund Prohibited - Sec. 3. No loans or pledges of money or property...

23-14-51-4. Fidelity Bond - Sec. 4. (a) This section applies to a cemetery if...

23-14-51-5. Violation of Chapter; Class a Misdemeanor - Sec. 5. A person who knowingly violates this chapter commits...

Chapter 52. Conditions Applying to the Sale of a Cemetery

23-14-52-1. Application and Exceptions to Conditions - Sec. 1. (a) Except as provided in subsection (b), the...

23-14-52-2. Liability and Duties of Purchaser - Sec. 2. The following conditions apply to a sale referred...

Chapter 53. Bequests for Care

23-14-53-1. Receipt of Deposit or Legacy of Money - Sec. 1. (a) Any church, corporation, or association that owns...

23-14-53-2. Duties Upon Receipt of Deposit or Legacy of Money - Sec. 2. (a) A church, corporation, or association that receives...

Chapter 54. Disposition of Dead Human Bodies

23-14-54-1. Time Period for Disposition - Sec. 1. Subject to the rights of transportation and removal...

23-14-54-2. Depth of Cover - Sec. 2. All dead human bodies interred in the earth...

23-14-54-3. Ventilation of Mausoleums - Sec. 3. All private or family mausoleums shall be constructed...

23-14-54-4. Cremated Remains - Sec. 4. The remains of dead human bodies that have...

23-14-54-5. Violation of Chapter; Class B Misdemeanor - Sec. 5. A person who knowingly violates this chapter commits...

Chapter 54.5. Unclaimed Remains of Veterans and Dependents of Veterans

23-14-54.5-1. Application of Definitions - Sec. 1. The definitions in IC 23-14-31-1 through IC 23-14-31-21...

23-14-54.5-2. "Dependent of a Veteran" - Sec. 2. As used in this chapter, "dependent of a...

23-14-54.5-3. "Funeral Director" - Sec. 3. As used in this chapter, "funeral director" means...

23-14-54.5-4. "Verification Information" - Sec. 4. As used in this chapter, "verification information" means...

23-14-54.5-5. "Veteran" - Sec. 5. As used in this chapter, "veteran" means a...

23-14-54.5-6. "Veterans' Service Organization" - Sec. 6. As used in this chapter, "veterans' service organization"...

23-14-54.5-7. Application of Section; Releases - Sec. 7. (a) This section applies only if all the...

23-14-54.5-8. Transport of Cremated Remains; Location Information for Cremated Remains - Sec. 8. (a) A veterans' service organization that receives cremated...

23-14-54.5-9. Immunity for Veterans' Service Organizations - Sec. 9. A veterans' service organization that in good faith...

23-14-54.5-10. Immunity for Funeral Directors - Sec. 10. A funeral director who in good faith releases:...

Chapter 55. Authorization for Interment, Entombment, or Inurnment

23-14-55-1. Warranty and Liability of Individual Signing Authorization - Sec. 1. (a) An individual who signs an authorization for...

23-14-55-2. Cemetery Owner's Authority to Inter Remains Upon Written Authorization; Priority Among Individuals as to Power to Authorize Interment; Persons Who May Not Authorize; Disputes - Sec. 2. (a) Except as provided in subsection (c), the...

Chapter 56. Record Keeping

23-14-56-1. Duties - Sec. 1. A cemetery owner shall keep a record of...

23-14-56-2. Permanent Preservation of Record - Sec. 2. The cemetery in which an interment, entombment, or...

23-14-56-3. Violation of Chapter; Class B Misdemeanor - Sec. 3. A person who knowingly violates this chapter commits...

Chapter 57. Disinterment, Disentombment, and Disinurnment

23-14-57-1. Requirements for Disinterment - Sec. 1. (a) As used in this section, "removal" or...

23-14-57-2. Orders Authorizing Removal of Human Remains - Sec. 2. (a) When the state department of health issues...

23-14-57-3. Removal of Human Remains for Nonpayment; Liability of Owner - Sec. 3. (a) This chapter does not prohibit: (1) the...

23-14-57-4. Applicability of Chapter - Sec. 4. This chapter does not apply to the following:...

23-14-57-5. Removal for Autopsy or Reinterment - Sec. 5. (a) The remains of a deceased human interred,...

23-14-57-6. Payment of Costs and Expenses - Sec. 6. Before any disinterment, disentombment, or disinurnment may take...

23-14-57-7. Violation of Chapter; Class B Misdemeanor - Sec. 7. A person who knowingly violates this chapter commits...

23-14-57-8. Liability of Cemetery Owner - Sec. 8. The owner of a cemetery is not liable...

Chapter 58. Abandonment and Reburial

23-14-58-1. Authority to Abandon Certain Cemeteries; Removal of Bodies - Sec. 1. If a cemetery in Indiana: (1) is under...

23-14-58-2. Abandonment of Cemetery; Removal and Interment of Bodies in Suitable Cemetery - Sec. 2. If: (1) a church or religious society has...

23-14-58-3. Reinterment - Sec. 3. A church or religious society that takes action...

23-14-58-4. Lawfulness of Actions - Sec. 4. Actions taken under this chapter by any person...

Chapter 58.5. Disposition of Abandoned Burial Spaces

23-14-58.5-0.1. Repealed - As added by P.L.220-2011, SEC.381. Repealed by P.L.63-2012, SEC.27.

23-14-58.5-1. Termination of Ownership Rights in an Unused and Unimproved Burial Space - Sec. 1. (a) Subject to this chapter, if a burial...

23-14-58.5-2. Notice - Sec. 2. (a) If the person or entity having jurisdiction...

23-14-58.5-3. Duties of Owner; Request for Purchase - Sec. 3. (a) An owner who has received a termination...

23-14-58.5-4. Failure to Respond to Notice; Termination of Owner's Rights; Remedies - Sec. 4. (a) If the person or entity having jurisdiction...

23-14-58.5-5. Penalty - Sec. 5. A person who: (1) knowingly terminates an owner's...

Chapter 59. Potential Liability of Cemetery Owner

23-14-59-1. Immunity From Liability - Sec. 1. A cemetery owner or anyone acting on behalf...

23-14-59-2. Duties of Owner Upon Wrongful Burial - Sec. 2. When a wrongful burial, entombment, inurnment, disinterment, disentombment,...

23-14-59-3. Errors Caused by Improper Description - Sec. 3. A cemetery owner or anyone acting on behalf...

Chapter 60. Legalization of Defectively Formed Cemetery Associations and Corporations

23-14-60-1. Defective Cemetery Associations and Corporations; Rights and Powers - Sec. 1. (a) If: (1) any number of persons have:...

Chapter 61. Conflicts of Interests by Cemetery Employees

23-14-61-1. Prohibition Against Acting as Agent or Representative; Approval to Act as Agent or Representative - Sec. 1. (a) This section applies to a sexton, superintendent,...

23-14-61-2. Unlawful Discrimination or Unfair Trade Practice Prohibited - Sec. 2. A sexton, superintendent, manager, director, grounds keeper, caretaker,...

23-14-61-3. Writs of Prohibition - Sec. 3. (a) Upon proper proof of a violation of...

Chapter 62. Conveyance of County Cemeteries to Private Corporations

23-14-62-1. Application of Chapter - Sec. 1. This chapter applies whenever a majority of the...

23-14-62-2. Petition for Conveyance of Cemetery - Sec. 2. The persons referred to in section 1 of...

23-14-62-3. Notice of Filing of Petition; Agreement to Care and Manage Cemetery - Sec. 3. (a) The persons filing the petition under section...

23-14-62-4. Powers of Board of Commissioners - Sec. 4. The board of commissioners presented with a petition...

23-14-62-5. Powers of Cemetery Corporation - Sec. 5. After a petition is granted under section 4...

Chapter 63. Conveyance of Township Cemeteries to Private Corporations

23-14-63-1. Application of Chapter - Sec. 1. This chapter applies whenever ten (10) or more...

23-14-63-2. Petition Asking for Conveyance; Notice - Sec. 2. (a) The persons described in section 1 of...

23-14-63-3. Requirements of Petitioners - Sec. 3. The persons filing a petition under section 2...

23-14-63-4. Duties of Township Trustee - Sec. 4. The township trustee, if satisfied that the petition...

23-14-63-5. Powers and Duties of Corporation - Sec. 5. (a) A corporation to which a cemetery is...

Chapter 64. Conveyance of Cemetery Association Land to Townships

23-14-64-1. Application of Chapter - Sec. 1. This chapter applies whenever the board of directors...

23-14-64-2. Public Cemetery - Sec. 2. A township trustee may accept a conveyance of...

23-14-64-3. Payment and Use of Cash, Securities, or Other Assets - Sec. 3. (a) If a cemetery association that conveys real...

23-14-64-4. Payment of Administration Expenses - Sec. 4. All expenses incurred by the trustee in administering...

Chapter 65. City and Town Cemeteries

23-14-65-1. "Cemetery Board" Defined - Sec. 1. As used in this chapter, "cemetery board" means:...

23-14-65-2. "Executive" Defined - Sec. 2. As used in this chapter, "executive" means: (1)...

23-14-65-3. "Legislative Body" Defined - Sec. 3. As used in this chapter, "legislative body" means:...

23-14-65-4. "Municipality" Defined - Sec. 4. As used in this chapter, "municipality" means a...

23-14-65-5. Application of Chapter - Sec. 5. This chapter applies to all public cemeteries that...

23-14-65-6. Powers and Duties of Legislative Body - Sec. 6. (a) The legislative body of a municipality has...

23-14-65-7. Permanent Maintenance Fund - Sec. 7. (a) Part of the proceeds derived from the...

23-14-65-8. Gifts, Donations, Bequests, or Devises - Sec. 8. (a) The legislative body of a municipality may...

23-14-65-9. Transfer of Control and Management to Public Works or Public Works and Safety Board - Sec. 9. A city may, by ordinance, transfer the control...

23-14-65-10. Transfer of Control and Management to Board of Trustees - Sec. 10. (a) A city or a town may, by...

23-14-65-11. Transfer of Control and Management to Board of Cemetery Regents; Board Members - Sec. 11. (a) A city or town may, by ordinance,...

23-14-65-12. Board of Cemetery Regents; Members; Vacancy; Quorum; Removal - Sec. 12. (a) A board appointed under section 11 of...

23-14-65-12.5. Transfer of Control and Management to Cemetery Caretaker - Sec. 12.5. A municipality may, by ordinance, transfer the control...

23-14-65-13. Notice of Proposed Transfer of Management and Control; Hearing - Sec. 13. (a) Before adopting an ordinance transferring its powers...

23-14-65-13.5. Notice of Proposed Transfer of Management; Hearing - Sec. 13.5. (a) This section applies to a municipality transferring...

23-14-65-13.7. Cemetery Caretaker Vacancy - Sec. 13.7. (a) If a cemetery caretaker is appointed under...

23-14-65-14. Bond - Sec. 14. Each officer and employee whose duty includes handling...

23-14-65-15. Powers of Cemetery Board - Sec. 15. A cemetery board may: (1) make all necessary...

23-14-65-16. Execution of Deed; Requirements for Deferred Payment Sales - Sec. 16. (a) In the case of cash sales of...

23-14-65-17. Employment of Agents and Employees; Collection and Receipt of Money - Sec. 17. A cemetery board: (1) may employ agents for...

23-14-65-18. Purchase of Property - Sec. 18. (a) A cemetery board may purchase on behalf...

23-14-65-19. Financial Report; Budget; Expenditure of Money - Sec. 19. (a) During January of each year, a cemetery...

23-14-65-20. Awarding of Contracts - Sec. 20. A cemetery board shall award contracts in accordance...

23-14-65-21. Eminent Domain - Sec. 21. (a) A cemetery board may exercise the power...

23-14-65-22. Delivery of Money to Controller or Clerk-Treasurer; Payment of Expenses - Sec. 22. (a) A cemetery board shall daily deliver all...

23-14-65-23. Acceptance and Receipt of Real and Personal Property - Sec. 23. (a) A cemetery board may accept and receive...

23-14-65-24. Placement of Bonds or Other Securities in Safety Deposit Box - Sec. 24. To protect bonds or other securities held by...

23-14-65-25. Improvement and Development of Cemetery; Adoption of Resolution - Sec. 25. (a) If the improvement and development of a...

23-14-65-26. Payment of Preliminary Expenses for Preparation of Grant Application; Powers of Cemetery Board in Improvement and Development of Cemetery - Sec. 26. (a) In seeking funds for the improvement and...

23-14-65-27. Management and Control of Cemetery - Sec. 27. A cemetery board has exclusive management and control...

23-14-65-28. Rules; Enforcement - Sec. 28. (a) A cemetery board may do the following:...

Chapter 66. Care of Cemeteries by Third Class Cities and Towns

23-14-66-1. Petitions for Additional Care and Maintenance for Cemetery - Sec. 1. If: (1) a petition is presented to the...

23-14-66-2. Taxation for Costs of Additional Care and Maintenance - Sec. 2. (a) If the legislative body is satisfied with...

Chapter 67. Care of Cemeteries by Counties

23-14-67-1. Application of Chapter; Determination of Civil War Burial Grounds - Sec. 1. (a) This chapter applies to a cemetery that:...

23-14-67-2. County Cemetery Commission - Sec. 2. (a) The board of commissioners of a county...

23-14-67-3. Annual Tax for Restoration and Maintenance - Sec. 3. A county cemetery commission may request the levy...

23-14-67-3.5. Annual Reports Filed With Indiana Historical Bureau - Sec. 3.5. (a) Before March 1 of each year, a...

23-14-67-4. Annual Budget and Annual Report - Sec. 4. A county cemetery commission established under this chapter...

23-14-67-5. Transfer of Control and Management to a Cemetery Caretaker - Sec. 5. (a) The board of commissioners of a county...

Chapter 68. Care of Cemeteries by Townships

23-14-68-1. Application of Chapter - Sec. 1. (a) Except as provided in subsections (b) and...

23-14-68-2. Township Trustee Locating and Maintaining Cemeteries - Sec. 2. The trustee of each township shall locate and...

23-14-68-3. Maintenance of Cemeteries - Sec. 3. For the purposes of this chapter, the maintenance...

23-14-68-4. Appropriations for Maintenance and for Financial Assistance; Cemetery Tax - Sec. 4. (a) The township: (1) shall appropriate enough money...

23-14-68-4.5. Trustee Financial Assistance to Cemetery With Insufficient Funds - Sec. 4.5. (a) If the trustee of a township reasonably...

23-14-68-5. Trustee's Failure to Perform Duties - Sec. 5. A township trustee who fails to perform the...

23-14-68-6. Trustee's Sale of Cemetery Plots - Sec. 6. (a) A township trustee who is maintaining a...

23-14-68-7. Transfer of Control and Management to Cemetery Caretaker - Sec. 7. (a) A township trustee may appoint a cemetery...

Chapter 69. Establishment of Public Cemeteries by Townships

23-14-69-1. Application of Chapter - Sec. 1. This chapter applies to the following: (1) A...

23-14-69-2. Nonapplicability of Chapter - Sec. 2. This chapter does not apply to the following:...

23-14-69-3. Care and Maintenance - Sec. 3. A township trustee shall care for and maintain...

23-14-69-4. Donated Land - Sec. 4. (a) The township trustee may accept donations of...

23-14-69-5. Purchase of Land - Sec. 5. (a) If: (1) no land suitable for a...

23-14-69-6. Use of Cemetery - Sec. 6. A public cemetery of a township may be...

23-14-69-7. Duties of Township Trustee - Sec. 7. (a) When a township acquires title to land...

23-14-69-8. Private Sale of Lots - Sec. 8. (a) The township trustee may sell and convey...

23-14-69-9. Payment of Expenses - Sec. 9. All expenses incurred by the township trustee for...

Chapter 70. Trusts for Cemetery Associations

23-14-70-1. Power to Receive Deposit of Money; Use of Interest - Sec. 1. (a) The board of commissioners of a county...

23-14-70-2. Investment of Money - Sec. 2. All money received by a board of commissioners...

23-14-70-3. Distribution of Accrued Interest - Sec. 3. The county auditor shall distribute the interest accrued...

23-14-70-4. Receipts and Vouchers - Sec. 4. (a) A township trustee or treasurer of the...

23-14-70-5. Liability of Auditor or County - Sec. 5. (a) The auditor is liable on the auditor's...

23-14-70-6. Effect of Chapter on Certain Bequests, Legacies, or Endowments; Payment or Return of Money Deposited - Sec. 6. (a) This chapter does not affect a bequest,...

Chapter 71. Union Chapel Cemetery Association

23-14-71-1. "Association" Defined - Sec. 1. As used in this chapter, "association" refers to...

23-14-71-2. Holding of Title to Real Estate - Sec. 2. The Union Chapel Cemetery Association holds title to...

23-14-71-3. Platting and Acquisition of Adjacent Land for Burial Purposes - Sec. 3. The association may lay out and plat into...

23-14-71-4. Powers of Trustees of Association - Sec. 4. The trustees of the association: (1) have full...

Chapter 72. Annexation of Unincorporated Cemetery

23-14-72-1. Application of Chapter - Sec. 1. This chapter does not apply to a cemetery:...

23-14-72-2. Extension of Incorporated Cemetery Boundaries - Sec. 2. If: (1) the grounds of a cemetery that...

23-14-72-3. Levying Assessments - Sec. 3. After the grounds of an unincorporated cemetery are...

23-14-72-4. Sale of Lot for Failure to Pay Assessments - Sec. 4. (a) As used in this section, "lot" includes...

23-14-72-5. Collection of Fixed Amount for Upkeep and Maintenance - Sec. 5. (a) An incorporated cemetery that extends its boundaries...

Chapter 73. Grave Markers of Deceased Soldiers

23-14-73-1. "Member of the Armed Forces" Defined - Sec. 1. As used in this chapter, "member of the...

23-14-73-2. Standards for Markers - Sec. 2. A board of trustees or other governing body...

23-14-73-3. Violation of Chapter; Class C Infraction - Sec. 3. A person who violates section 2 of this...

Chapter 74. Cemetery Fences and Upkeep

23-14-74-1. Destruction of Detrimental Plants and Noxious Weeds - Sec. 1. A corporation, organization, association, or individual that owns...

23-14-74-2. Violation of Chapter; Class C Infraction - Sec. 2. A person who violates section 1 of this...

Chapter 75. Eminent Domain Acquisition of Cemetery Land

23-14-75-1. Application of Chapter - Sec. 1. This chapter applies to a city, town, or...

23-14-75-2. Power of Eminent Domain - Sec. 2. If land has not been appropriated or set...

Chapter 76. Application of Corporations Laws to Cemetery Associations

23-14-76-1. Application of Chapter - Sec. 1. This chapter does not apply to a cemetery...

23-14-76-2. "Cemetery Association" Defined - Sec. 2. (a) As used in this chapter, "cemetery association"...

23-14-76-3. Application of Business Corporation and Nonprofit Corporation Law - Sec. 3. Except as provided in section 4 of this...

23-14-76-4. Voluntary Election of Application of Business Corporation and Nonprofit Corporation Law - Sec. 4. (a) Before January 1, 1998, a cemetery association...

Chapter 77. Vaults Used to Encase Human Remains

23-14-77-1. Disclosure Requirement - Sec. 1. A person who sells or otherwise furnishes to...

23-14-77-2. Class B Infraction - Sec. 2. A person who violates this chapter commits a...

Chapter 78. Assumption of Care of Certain Cemeteries

23-14-78-1. Application of Chapter - Sec. 1. This chapter applies to private cemeteries that are...

23-14-78-2. "Cemetery" - Sec. 2. As used in this chapter, "cemetery" means land...

23-14-78-3. "Property Owner" - Sec. 3. As used in this chapter, "property owner" means...

23-14-78-4. Assuming Maintenance Responsibilities - Sec. 4. (a) A county or a township may agree...

23-14-78-5. Prohibition Against Selling Plots - Sec. 5. Nothing in this chapter allows a property owner...

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Indiana Code Title 23. Business and Other Associations Article 14. Cemetery Associations

Indiana Code
Title 23. Business and Other Associations
Article 14. Cemetery Associations