35-21-803. Exemptions and limitations on applicability. (1) The provisions of this part relating to private, nonprofit mausoleums and columbariums do not apply to any of the following:
(a) a religious corporation, church, religious society or denomination, or corporation sole administering temporalities of any church or religious society or denomination or any cemetery, mausoleum, or columbarium organized, controlled, and operated by a religious corporation, church, religious society or denomination, or corporation sole; or
(b) any county, town, or city cemetery, mausoleum, or columbarium.
(2) The provisions of this part do not affect the corporate existence or rights or powers of any cemetery corporation organized under the laws of this state in which a mausoleum or columbarium is situated, maintained, or operated in conjunction with a cemetery for the burial of dead human remains by ground interment. This part applies only to mausoleums or columbariums owned, operated, or controlled by a nonprofit mausoleum-columbarium authority organized and governed as provided in this part and owning, operating, or controlling lands, buildings, and structures solely for the entombment and inurnment of human remains.
History: En. Sec. 3, Ch. 283, L. 1999.
Structure Montana Code Annotated
Title 35. Corporations, Partnerships, and Associations
Chapter 21. Mausoleum and Columbarium Authorities
Part 8. Mausoleum-Columbarium Authorities
35-21-803. Exemptions and limitations on applicability
35-21-804. Incorporation required to transact business
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
35-21-829. 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
35-21-834. Co-owners -- mausoleum-columbarium authority liability
35-21-835. through 35-21-839 reserved
35-21-841. through 35-21-844 reserved
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