Montana Code Annotated
Part 8. Mausoleum-Columbarium Authorities
35-21-802. Definitions

35-21-802. Definitions. For the purposes of this part, the following definitions apply:
(1) "Columbarium" means a structure, room, or other space in a permanent building or outdoor structure containing niches for permanent inurnment of cremated remains in a place used or intended to be used and dedicated for interment purposes.
(2) "Cremated remains" means all human remains recovered after the completion of cremation, including pulverization, that leaves only bone fragments that have been reduced to unidentifiable dimensions.
(3) "Crypt" or "vault" means a space in a mausoleum of sufficient size used or intended to be used to entomb uncremated human remains.
(4) "Directors" means the board of directors, board of trustees, or other governing body of a mausoleum-columbarium authority.
(5) "Entombment" means the placement of human remains in a crypt or vault.
(6) "Human remains" or "remains" means the body of a deceased person and includes the body in any stage of decomposition .
(7) "Interment" means the disposition of human remains by cremation and inurnment or entombment in a place used or intended to be used and dedicated for interment purposes.
(8) "Interment space" means any space in a crypt, vault, or niche of sufficient size for the entombment or inurnment of the remains of one human being.
(9) "Inurnment" means placing cremated remains in an urn or other permanent container and placing it in a niche.
(10) "Mausoleum" means a permanent building or outdoor structure suitable for the entombment of human remains in crypts or vaults in a place used or intended to be used and dedicated for interment purposes.
(11) "Mausoleum-columbarium" means a building or structure containing both a mausoleum and a columbarium.
(12) "Mausoleum-columbarium authority" means any corporation, not for profit, owning, controlling, or operating lands, buildings, or structures used or intended to be used and dedicated for interment purposes by entombment or inurnment but does not refer to any corporation, for profit or not for profit, or any association, corporation sole, or other person owning or controlling cemetery lands or property, including mausoleums or columbariums where interment is also made by ground burial.
(13) "Niche" means a space in a columbarium or urn garden used or intended to be used for inurnment of cremated human remains.
(14) "Plot" or "interment plot" means space in a mausoleum or columbarium used or intended to be used for the interment of human remains. The terms include one or more than one adjoining crypts or vaults or one or more than one adjoining niches.
(15) "Plot owner" or "owner" means a person who is on record as owner of an interment in the office of a mausoleum-columbarium authority.
History: En. Sec. 2, Ch. 283, L. 1999.

Structure Montana Code Annotated

Montana Code Annotated

Title 35. Corporations, Partnerships, and Associations

Chapter 21. Mausoleum and Columbarium Authorities

Part 8. Mausoleum-Columbarium Authorities

35-21-801. Short title

35-21-802. Definitions

35-21-803. Exemptions and limitations on applicability

35-21-804. Incorporation required to transact business

35-21-805. General powers

35-21-806. through 35-21-809 reserved

35-21-810. Disposition of remains -- liability

35-21-811. Limitations on actions -- exemptions from liability

35-21-812. Removal of remains -- when removal excepted

35-21-813. through 35-21-819 reserved

35-21-820. Map or plat -- filing -- tax exemption

35-21-821. Effect of dedication

35-21-822. Removal of dedication by court

35-21-823. and 35-21-824 reserved

35-21-825. Sale of interment plots

35-21-826. Resale of plots for profit -- commissions -- penalties

35-21-827. Property interests in plot -- estate tax

35-21-828. Family plots

35-21-829. and 35-21-830 reserved

35-21-831. Termination of right of interment -- limitation on right

35-21-832. Conveyance to mausoleum-columbarium authority by plot owner

35-21-833. Joint tenants

35-21-834. Co-owners -- mausoleum-columbarium authority liability

35-21-835. through 35-21-839 reserved

35-21-840. Records

35-21-841. through 35-21-844 reserved

35-21-845. Endowment care fund -- investment of funds -- use of income -- permissible investment securities

35-21-846. Plans for general care and endowment care

35-21-847. Fund trustees -- compensation -- annual financial report

35-21-848. Endowment care fund gifts and contributions

35-21-849. Signs required for nonendowment and endowment care -- penalties

35-21-850. Annual report of endowment care mausoleum-columbarium

35-21-851. Director, officer, or trustee loans -- penalties