(a) The entities provided in paragraph (b) may by a unanimous vote taken at any regular meeting or special meeting called for that purpose, provide in accordance with sections 306.41 to 306.54 for the establishment of a permanent fund to be deposited or invested as provided in section 306.44. The income of the fund must be devoted to the care, maintenance, and improvement of the cemetery. The fund must be known as the permanent care and improvement fund of the cemetery of the municipality or incorporation. The establishment of a permanent care and improvement fund shall not be considered to violate any existing law against perpetuities or suspend the power of alienation. The fund authorized by this section must not be allowed to exceed $25,000 per acre of the cemetery to be cared for.
(b) Any of the following entities may provide for the establishment of a fund if it has established and is maintaining a cemetery of at least one-half acre, a plat of which is on file in the office of the county recorder of the county in which the cemetery is located:
(1) the board of supervisors of a town;
(2) the governing body of a city or statutory city; or
(3) the board of trustees, or the directors, not less than three in number, of a religious corporation or of an association formed under state law to maintain a cemetery in this state.
(7594-1) 1921 c 247 s 1; 1963 c 82 s 1; 1973 c 123 art 5 s 7; 1976 c 181 s 2; 1987 c 18 s 1; 1988 c 469 art 5 s 1
Structure Minnesota Statutes
Chapters 300 - 323A — Business, Social, And Charitable Organizations
Chapter 306 — Public Cemeteries
Section 306.01 — Cemetery Associations And Private Cemeteries, How Governed.
Section 306.02 — Cemetery Corporations Or Associations.
Section 306.023 — Unused Public Cemetery; Transfer To Operating Public Cemetery.
Section 306.025 — Transfer Of Cemetery To Local Government Unit.
Section 306.027 — Merger Of Cemeteries.
Section 306.03 — Actuary; Records; Reports.
Section 306.04 — Failure To Keep Register; Forfeiture.
Section 306.05 — Land Acquired For Cemetery Purposes.
Section 306.06 — Conveyance Of Certain Lands To Cemetery Associations.
Section 306.07 — Fraternal Corporations To Transfer Lands For Cemetery Purposes.
Section 306.08 — Lands To Be Subject To Rules Of Cemetery Associations.
Section 306.09 — Sale Of Lots.
Section 306.10 — Use Of Funds; Grants In Trust.
Section 306.11 — Vacancies; Annual Meeting; Report Of Trustees.
Section 306.111 — Vacancies Among Associates, Procedure For Filling.
Section 306.12 — Action For Damages.
Section 306.14 — Taxes; Roads; Special Assessments.
Section 306.15 — Lots, Conveyance.
Section 306.155 — Correction Of Interment Errors.
Section 306.16 — Title To Burial Lots Regained By Association; Procedure.
Section 306.17 — Records Of Association.
Section 306.18 — Description Of Lots In Notice And Proceedings.
Section 306.20 — Reinvestment; Redemption.
Section 306.21 — Upkeep Of Lots; Abandonment.
Section 306.22 — Action To Quiet Title.
Section 306.23 — Evidence Of Abandonment.
Section 306.24 — Recording Of Judgment.
Section 306.241 — Deposit Of Net Proceeds From Lot Resales.
Section 306.242 — Title To Lots Regained By Association After 60 Years.
Section 306.243 — Maintaining Abandoned Cemeteries.
Section 306.245 — Neglected Cemeteries; Duties Of Town Board.
Section 306.246 — Cemetery Maintenance Funds.
Section 306.26 — Existing Contracts.
Section 306.28 — Property Sales By Public Cemetery Associations.
Section 306.29 — Disposal Of Lots By Owners.
Section 306.31 — Cemetery Association May Establish Permanent Fund.
Section 306.32 — Trustees Of Fund.
Section 306.33 — Trustees; Powers; Term; Accounting.
Section 306.35 — Vacancy In Board Of Trustees.
Section 306.36 — New Board; Organization.
Section 306.37 — Care And Improvement Fund.
Section 306.38 — Expenditures And Investments.
Section 306.39 — Compensation.
Section 306.40 — Secretary's Annual Report.
Section 306.41 — Establishment Of Permanent Care And Improvement Fund.
Section 306.42 — Use Of Interest.
Section 306.43 — Use Of Gifts To Fund.
Section 306.44 — Investment And Use Of Funds.
Section 306.45 — County Cemetery Fund; Management, Investment, Interest.
Section 306.46 — Deposit Of And Interest On County Fund.
Section 306.47 — Depository For County Fund; Bond.
Section 306.48 — Investment Of County Cemetery Fund.
Section 306.49 — Accounts Kept By Auditor.
Section 306.50 — Annual Report By Secretary; Deposit Of Excess Interest.
Section 306.51 — Interest On County Fund, Apportionment.
Section 306.52 — Report By Auditor To Secretary.
Section 306.53 — Interest Paid To Treasurer Of Board.
Section 306.54 — Audit Of County Fund.
Section 306.55 — Assessments Levied For Lot Care; Enforcement.
Section 306.56 — Fund For Perpetual Care Of Graves Set Aside By Court.
Section 306.58 — Reorganization Of Certain Associations.
Section 306.59 — Notice For Meeting Of Lot Owners.
Section 306.60 — Meeting And Election Of Officers.
Section 306.61 — Certificate; Record; Effect.
Section 306.62 — Powers And Duties Of Officers.
Section 306.63 — Sale Of Certain Real Estate.
Section 306.64 — Real Estate, When Sold.
Section 306.65 — Plats Filed, Cities Of Over 50,000.
Section 306.66 — Subdivision Or Rearrangement Of Cemeteries.
Section 306.68 — Reorganization Of Certain Associations.
Section 306.69 — Certain Corporations May Amend Articles.
Section 306.70 — Certificate Of Amended Articles To Be Recorded.
Section 306.71 — Right And Duties After Amendment.
Section 306.72 — Association, How Governed.
Section 306.73 — Amendment Of Articles Of Incorporation.
Section 306.74 — Certificate Of Amendment.
Section 306.76 — Permanent Care And Improvement Fund Maintained By Certain Associations.
Section 306.761 — Permanent Care And Improvement Funds.
Section 306.762 — Permanent Retention Of Records.
Section 306.77 — Appointment Of Trust Company.
Section 306.773 — Investment Of Fund Of Cemetery Associations.
Section 306.78 — Percentage Of Sale Of Lots And Mausoleums Paid Into Fund; Other Additions To Fund.
Section 306.79 — Principal Inviolate; Invested In Certain Securities.
Section 306.80 — Trust Company To Make Annual Report.
Section 306.81 — Disposition Of Property To Successor Trustee.
Section 306.82 — Power Of Court To Remove Trustee Or Compel Accounting.
Section 306.83 — Application To Certain Associations.
Section 306.84 — Certain Sections Not Applicable.
Section 306.851 — Public Cemeteries For The Poor.
Section 306.88 — Acquisition Of Cemetery.
Section 306.90 — Construction Performance Bond.
Section 306.93 — Certified Letter.