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. 2021 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.
History: L. 2008, ch. 15, ยง 1; July 1.
Structure Kansas Statutes
Article 13 - Cemetery Corporations
17-1302 Cemetery lots; disposition.
17-1302a Replatting of areas of certain cemeteries established by religious corporations.
17-1303 Owners of lots as members of corporation.
17-1304 Replatting cemetery previously chartered.
17-1305 Private burying grounds; control by county clerk; actions for damages.
17-1307 Cemeteries in or near cities; capital stock; directors; powers.
17-1309 Same; conveyance of lots.
17-1310 Same; control of lands; replatting.
17-1311a Same; misuse of the permanent maintenance fund, criminal penalty.
17-1311b Funds in a permanent maintenance fund not subject to legal process.
17-1312 Same; trustee, when; trust instruments, provisions; reporting requirements.
17-1312b Audit or examination of books and accounts; examination of officers, employees and agents.
17-1312c Same; interference with or refusal to submit to examination; appointment of receiver.
17-1312d Maintenance fund; failure to establish or maintain; forfeiture of cemetery corporation.
17-1312f Application of act; exceptions.
17-1313 Cemeteries in or near cities; dissolution.
17-1316 Cemetery corporations in or adjacent to cities of more than 40,000.
17-1317 Same; permanent care fund.
17-1319 City or association; permanent maintenance fund; use and investment.
17-1321 Same; control; custodian, bond.
17-1324 Plans for mausoleums or vaults; approval by secretary of health and environment.
17-1325 Crypts and catacombs; construction.
17-1326 Same; sealing burial structure; reinterment.
17-1328 Sale of lands of abandoned cemeteries.
17-1329 Same; use of proceeds.
17-1330a Same; withdrawal of cemetery; petition.
17-1330b Same; inclusion of adjoining territory; resolution, hearing, publication.
17-1332 Same; filing offer to convey property; abandoned cemeteries.
17-1333 Same; annual meetings; powers of electors.
17-1333a Same; election of directors; vacancies.
17-1334 Same; meetings of directors; election of officers; terms; bond of secretary-treasurer.
17-1335 Same; authority of association; issuance of bonds.
17-1335a Same; reinvestment of title to lots under 17-1330; notice to nonresidents; publication.
17-1335b Same; record of proceedings.
17-1335c Same; default by owners; action to determine title.
17-1335d Same; abandonment by grantee or holder.
17-1335e Same; judgment may be recorded.
17-1335f Same; description; ingress and egress.
17-1335g Same; perpetual care contracts exempt.
17-1335h Same; title reinvested; reconveyance, when.
17-1335i Same; annexation of territory to districts; procedure.
17-1336 Cemetery districts in certain counties; tax levies; road improvement.
17-1337 Same; directors; election; terms; vacancies.
17-1338 Same; permanent maintenance fund; use and investment.
17-1339 Same; control of permanent fund; custodian.
17-1341 Same; conveyance of city cemetery; ordinance.
17-1342 Cemetery districts; establishment by city of second or third class and townships.
17-1343 Same; petition to county commissioners.
17-1344 Same; board of trustees; officers; bond; expenditures; tax levies; election upon petition.
17-1346 Same; application of laws.
17-1347 Reversion of unused grave spaces conveyed to patriotic organizations.
17-1348 Certain charitable purpose corporations; joint custody of assets.
17-1349 Same; investment standards; acquisition of property.
17-1350 Dissolution of certain cemetery districts; determination of facts.
17-1351 Same; findings; notice to owners of intention to dissolve district.
17-1352 Same; hearing; determination; authority to contract, when.
17-1353 Same; acquisition of locations in certain existing cemeteries.
17-1354 Same; dissolution of district by court, when; deed; report, approval; order; recordation.
17-1355 Certain districts in counties over 250,000; tax levies, when; limitation.
17-1357 Same; entire district to be disorganized and annexed.
17-1358 Same; transfer of property and funds.
17-1359 Disorganization of certain districts and annexation of territory to other districts.
17-1361 Same; duties of board receiving proposition; territory not annexed, when.
17-1362 Same; county commissioners duties to disorganize and annex district, when.
17-1363 Same; records, funds, etc., transferred to annexing district; title to property.
17-1364 Same; fixing number of board after annexation; terms.
17-1365 Same; tax levies after annexation; uses of funds.
17-1366 Maintenance of abandoned cemeteries; definitions.
17-1369 Cemetery district No. 23, Republic county; tax levy.
17-1371 Conveyance of cemetery property to Dodge City; transfer of books, paper, records and funds.
17-1372 Cemetery districts; annual report of finances, filed with county commission.
17-1374 Same; acquisition of land; no-fund warrants.
17-1375 Cemetery corporation; selling excess real estate; conditions.