Nebraska Revised Statutes
Chapter 12 - Cemeteries
12-502 - Formation; record of proceedings; certification; effect; certified transcript as evidence; duty of county clerk; fees.

12-502. Formation; record of proceedings; certification; effect; certified transcript as evidence; duty of county clerk; fees.
The clerk of the cemetery association shall make out a true record of the proceedings of the meeting provided for by section 12-501 and certify and deliver the same to the clerk of the county in which the cemetery is located, together with the name by which such association shall be known. The county clerk, immediately upon the receipt of such certified statement, shall record the same in a book provided by the county clerk for that purpose at the expense of the county and shall be entitled to the same fees for the services as the county clerk is entitled to demand for other similar services. After the making of such record by the county clerk, the trustees and the associated members and successors shall be invested with the powers, privileges, and immunities incident to aggregate corporations. A certified transcript of the record made by the county clerk shall be deemed and taken in all courts and places whatsoever within this state as prima facie evidence of the existence of such cemetery association.
Source

Annotations

This section contains directions as to the details of organization and recording of articles of association. Root v. Morning View Cemetery Assn., 174 Neb. 438, 118 N.W.2d 633 (1962).


As soon as the county clerk enters of record the true record of the meeting at which the association is organized and the first trustees are elected, the association is a corporation. State ex rel. Craig v. Offutt, 121 Neb. 76, 236 N.W. 174 (1931).

Structure Nebraska Revised Statutes

Nebraska Revised Statutes

Chapter 12 - Cemeteries

12-101 - Wyuka Cemetery; declared a public charitable corporation; powers; trustees; appointment; terms; vacancies; reports; retirement plan reports; duties.

12-101.01 - Trustee; potential conflict of interest; actions required.

12-102 - Portion under joint control of trustees and Department of Health and Human Services.

12-103 - Rules and regulations; revenue; investment; treasurer; bond.

12-104 - Soldiers burial grounds; selection; acquisition; use.

12-105 - Soldiers burial grounds; joint control.

12-201 - Condemnation; conditions; procedure.

12-301 - Endowments authorized.

12-302 - Endowments; exemption from taxation and certain claims.

12-401 - Cemetery board; members; appointment; terms; vacancies.

12-402 - Cemetery fund; disbursement; tax levy; limit; collection; perpetual fund; use authorized.

12-403 - Cemetery board; officers; employees.

12-501 - Formation; trustees; election; notice; clerk; right to establish cemetery limited.

12-502 - Formation; record of proceedings; certification; effect; certified transcript as evidence; duty of county clerk; fees.

12-503 - Trustees; perpetual succession; general powers; service of process.

12-504 - General powers.

12-505 - Lots; resale or reclamation; conditions; notice; requirements.

12-506 - Real estate; power to acquire; exemption from taxation and legal process; revenue; disbursement.

12-507 - Debts; power to contract; limitations.

12-508 - Lots; receptacles; sale; power to regulate.

12-509 - Perpetual care fund; power to establish; sources; investment; protection; disbursement of income; requirements.

12-510 - Perpetual special care trusts; power to act as trustee; investment of funds; disbursement of income.

12-511 - Perpetual care funds; perpetual special care trusts; use; exemption from taxation and certain claims; declaration of policy.

12-512 - Perpetual care funds; perpetual special care trusts; acquisition of property under; validity.

12-512.01 - Perpetual care trust fund; trustees; duties.

12-512.02 - Perpetual care trust fund; proceeds; investment.

12-512.03 - Perpetual care trust fund; trustees; qualifications; appointment; bond.

12-512.04 - Perpetual care trust fund; audit; exception; filing; expense.

12-512.05 - Perpetual care and maintenance guarantee fund; establish; amount required.

12-512.06 - Perpetual care trust fund; withdrawal; when authorized; amount.

12-512.07 - Perpetual care trust fund; violations; penalty.

12-512.08 - Perpetual care trust fund; violations; separate offenses; what constitutes.

12-515 - Real estate; acquisition by condemnation; lands subject.

12-516 - Trustees; bond; terms; approval; filing; fee; cost paid by association.

12-517 - Lots; use; exemption from taxation and other claims.

12-518 - Lots; plat; care, improvement, adornment; annual exhibit; powers and duties of association.

12-520 - Grounds; sale on execution; taxation; partition; exemption.

12-521 - Grounds; abandonment; sale; disposition; procedure; petition; contents; requirements.

12-522 - Grounds; abandonment; sale; notice of petition; contents; form.

12-523 - Grounds; abandonment; sale; objections; reply.

12-524 - Grounds; abandonment; sale; time for hearing.

12-525 - Grounds; abandonment; sale; hearing; finding; decree.

12-526 - Grounds; abandonment; sale; confirmation of sale.

12-527 - Grounds; abandonment; sale; costs and expenses.

12-528 - Grounds; abandonment; sale; appeal.

12-529 - Grounds; abandonment; sale; scope and application of law.

12-530 - Transfer of cemetery to city or village; powers and duties; effect.

12-531 - Abandoned or neglected pioneer cemetery; management and operation; cemetery association; duties; map; perpetual care trust fund; duties.

12-532 - Mowing.

12-601 - Formation; trustees; election; notice; terms; officers.

12-602 - Formation; certificate; contents; filing; effect; certified copy as evidence; amendments to bylaws; certification; filing.

12-603 - Powers; rights; laws governing.

12-604 - Bonds and other evidences of indebtedness; acquisition of property; contracts with members; powers; limitations.

12-605 - Lots, receptacles; sale; limitation; exempt from taxation and other claims.

12-606 - Construction; location.

12-613 - Trust fund for perpetual care.

12-614 - Sale of crypts or niches; amount set aside for maintenance.

12-615 - Trustees of perpetual care trust fund; appointment; bond.

12-616 - Trustees of perpetual care trust fund; authority to receive gifts; investment of funds.

12-617 - Violations; penalty.

12-618 - Violations; cumulative offenses.

12-701 - Abandonment; failure to maintain; presumption; reversion; notice; service.

12-702 - Abandonment; presumption; rebuttal by notice; sale authorized; proceeds; disposition.

12-801 - Trustees; change or improve conditions of lot; repair and remove property; powers; procedure.

12-802 - Notice; contents; how served.

12-803 - Terms, defined.

12-804 - Sections, how construed.

12-805 - Abandoned or neglected cemeteries; care and maintenance.

12-806 - Abandoned or neglected cemeteries; care; item in county budget.

12-807 - Abandoned or neglected pioneer cemeteries; preservation.

12-808 - Abandoned or neglected pioneer cemetery, defined.

12-808.01 - Abandoned and neglected pioneer cemeteries; access; when.

12-809 - Abandoned and neglected pioneer cemeteries; maintenance.

12-810 - Abandoned or neglected pioneer cemeteries; mowing; historical and directional markers.

12-812 - Abandoned or neglected pioneer cemetery; county transfer management; conditions.

12-909 - Organization; territory.

12-910 - Petition; filing; contents.

12-911 - County board; examine petition; hearing; notice.

12-912 - Completion of organization; meeting; notice.

12-913 - Board of trustees; officers; election; terms; compensation.

12-914 - Budget; adoption; certification of tax; levy; collection; use.

12-915 - Bylaws; adoption.

12-916 - Warrants; amount authorized; rate of interest.

12-917 - Area; addition; withdrawal; procedure.

12-918 - Area withdrawn; outstanding obligations; assessment.

12-919 - Area withdrawn; obligations incurred after withdrawal; not subject to assessment.

12-920 - Powers; duties; liabilities.

12-921 - Organization under unconstitutional law; reorganization; procedure.

12-922 - Dissolution; procedure.

12-923 - Property; acquisition; tax; excess funds.

12-1001 - Power to borrow money; issuance of bonds.

12-1002 - Bonds; term; interest rate; notice of election.

12-1003 - Bond election; petition; percentage of voters required.

12-1004 - Extension of water supply to cemetery.

12-1101 - Act, how cited.

12-1102 - Terms, defined.

12-1103 - Pre-need sale; proceeds; trust requirements.

12-1104 - Proceeds of sale; trust requirements; exclusions.

12-1105 - Pre-need seller; records required.

12-1106 - Pre-need purchaser; designate irrevocable funds.

12-1107 - Trustees; acceptance of funds; conditions; powers.

12-1108 - Pre-need seller; license required; application; requirements; fee; renewal; records.

12-1109 - Rules and regulations.

12-1110 - Pre-need seller; report; requirements; fee.

12-1111 - Contracts; requirements; provisions.

12-1112 - Act; when applicable.

12-1113 - Trust funds; distributions; conditions; accumulation.

12-1114 - Pre-need seller; trust funds; retain cost-of-living amount.

12-1115 - Pre-need sales agent; license required; fee; failure to surrender license; penalty.

12-1116 - Licenses; disciplinary actions; grounds; notice; administrative fine.

12-1117 - Licenses; surrender; effect; reinstatement.

12-1118 - Violations; penalty.

12-1119 - Violations; action to enjoin.

12-1120 - Pre-need seller; failure to perform obligations; director; powers.

12-1121 - Trust; validity.

12-1201 - Act, how cited.

12-1202 - Legislative findings and declarations.

12-1203 - Purposes of act.

12-1204 - Terms, defined.

12-1205 - Person discovering remains or goods; duties; violation; penalty.

12-1206 - Discovery of remains or goods; law enforcement officer; notice.

12-1207 - Discovery of remains or goods; county attorney; duties.

12-1208 - Discovery of remains or goods; society; duties.

12-1209 - Entity possessing or controlling remains or goods on August 25, 1989; duties.

12-1210 - Entity possessing or controlling remains or goods; request for return; duties.

12-1211 - Dispute; resolution; procedure.

12-1212 - Civil action; statute of limitation; recovery; attorney's fees.

12-1301 - Director of Veterans' Affairs; state veteran cemetery system; powers and duties; Veteran Cemetery Construction Fund; Nebraska Veteran Cemetery System Endowment Fund; Nebraska Veteran Cemetery System Operation Fund; created; use; investment.

12-1401 - Statewide Cemetery Registry; established and maintained.