35-21-805. General powers. (1) A mausoleum-columbarium authority has the same powers granted by law to nonprofit corporations in general, including the power to acquire property by purchase, donation, or devise.
(2) The powers, duties, and privileges conferred and imposed on a mausoleum-columbarium authority under the laws of this state are enlarged as each particular case may require to conform to the provisions of this part.
(3) A nonprofit corporation organized under the laws of this state and authorized by its articles of incorporation to do so may as a mausoleum-columbarium authority establish, maintain, manage, operate, or improve a mausoleum or columbarium.
(4) A mausoleum-columbarium authority may:
(a) adopt, amend, add to, revise, or modify and enforce rules for the use, care, control, management, restriction, and protection of all or any part of its mausoleum or columbarium;
(b) restrict and limit the use of all property within its mausoleum or columbarium;
(c) regulate the uniformity, class, and kind of all markers, monuments, and other structures within the mausoleum-columbarium;
(d) regulate or prohibit the erection of monuments, markers, effigies, and structures within any portion of the mausoleum-columbarium grounds;
(e) regulate or prevent the introduction or care of plants or shrubs within the mausoleum-columbarium grounds;
(f) prevent interment in any part of the mausoleum or columbarium of human remains not entitled to interment and prevent the use of interment plots for purposes violative of its restrictions or rules;
(g) regulate the conduct of persons and prevent improper assemblages in the mausoleum-columbarium or on the grounds; and
(h) make and enforce rules for all other purposes considered necessary by the mausoleum-columbarium authority for the proper conduct of the business of the mausoleum or columbarium, for the transfer of any plot or the right of interment, and for the protection and safeguarding of the premises and the principles, plans, and ideals on which the mausoleum or columbarium is conducted.
(5) Rules adopted pursuant to this section must be subject to inspection in the office of the mausoleum-columbarium authority.
History: En. Sec. 5, 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