12-530. Transfer of cemetery to city or village; powers and duties; effect.
(1) The mayor and council of a city or the board of trustees of a village may accept ownership of a cemetery from a cemetery association formed under the provisions of sections 12-501 to 12-529 or 17-944 to 17-947 and may manage and operate the cemetery as a municipal cemetery.
(2) Upon the transfer of the cemetery from the cemetery association to the city or village, the following shall occur:
(a) All property and money under the control of the cemetery association shall vest in the city or village, and all money in the control of the cemetery association shall be turned over to the city or village;
(b) The deeds to all burial lots and other property of the cemetery association shall be transferred to the city or village. If any real estate of the cemetery association was acquired by gift or devise, the city or village shall take title subject to the conditions imposed by the donor. Upon acceptance by the city or village, the conditions shall be binding on such city or village;
(c) Any funds or any money credited to the cemetery association's perpetual care fund created under section 12-509 shall be transferred by the cemetery association to the city or village and placed in a new or existing fund dedicated to the general care, management, maintenance, improvement, beautification, and welfare of the cemetery; and
(d) All endowments received by the cemetery association under section 12-301 shall vest absolutely in the city or village to whom the control and management of such cemetery has been transferred. The city or village shall use any such endowment for the exclusive benefits and purposes designated by the endower.
(3) After the transfer of the cemetery from the cemetery association to the city or village is complete, the cemetery association shall be deemed to be disbanded.
Source
Structure Nebraska Revised Statutes
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.
12-503 - Trustees; perpetual succession; general powers; service of process.
12-505 - Lots; resale or reclamation; conditions; notice; requirements.
12-507 - Debts; power to contract; limitations.
12-508 - Lots; receptacles; sale; power to regulate.
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.
12-601 - Formation; trustees; election; notice; terms; officers.
12-603 - Powers; rights; laws governing.
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.
12-618 - Violations; cumulative offenses.
12-701 - Abandonment; failure to maintain; presumption; reversion; notice; service.
12-702 - Abandonment; presumption; rebuttal by notice; sale authorized; proceeds; disposition.
12-802 - Notice; contents; how served.
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.
12-916 - 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.
12-1103 - 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.
12-1202 - Legislative findings and declarations.
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.
12-1401 - Statewide Cemetery Registry; established and maintained.