Effective: April 12, 2021
Latest Legislation: House Bill 444 - 133rd General Assembly
(A) When a public cemetery in a township is not under the control of a municipal corporation, and the title or control is vested in an association or its board of trustees, or is vested in a religious society, whether incorporated or not, or in its board of trustees, and such cemetery is used exclusively for cemetery purposes, such association, society, or board of trustees may convey such grounds to the board of township trustees and its successors in office. Except as provided in division (B) of this section, and subject to the rights of the original grantor, the original grantor's heirs or assigns, the board of township trustees shall accept and take possession of the grounds, and take care of, keep in repair, hold, treat, and manage them in all respects as required by sections 517.01 to 517.32, inclusive, of the Revised Code.
(B) A board of township trustees is not required to accept and take possession of the grounds of a public cemetery, or to take care of, keep in repair, hold, treat, or manage the grounds as described in division (A) of this section, if, as a result of the conveyance, any parcel abutting the cemetery grounds or from which the grounds were partitioned or subdivided satisfies any of the following conditions:
(1) The parcel is owned by the association or its trustees or the religious society that conveyed the cemetery grounds or by an association, its trustees, or a religious society that is a successor to the association, trustees, or religious society that conveyed the cemetery grounds.
(2) Any part of the parcel, including any building or structure situated on the parcel, is used for social, educational, recreational, or religious activities of the association or religious society or of an association or religious society that is a successor to the association, trustees, or religious society that conveyed the cemetery grounds.
(3) Any part of the parcel, including any building or structure situated on the parcel, is exempted from property taxation under section 5709.07 or 5709.14 of the Revised Code, or under division (B) of section 5709.12 of the Revised Code on the basis of being used exclusively for charitable purposes by the association or religious society that conveyed the cemetery grounds.
(C) When a cemetery association or religious society conveys a cemetery under this section, all cemetery records and funds shall be transferred to the township. Transferred funds shall be used exclusively for cemetery purposes as set forth in section 1721.06 of the Revised Code and any other similar provisions of the Revised Code that require funds to be held in trust for cemetery purposes.
Structure Ohio Revised Code
Section 517.01 | Acquisition or Appropriation of Land.
Section 517.02 | Public Road to Cemetery.
Section 517.03 | Levy and Taxes for Expenses.
Section 517.04 | Vote on Establishment of Cemetery.
Section 517.05 | Notice of Election - Ballots.
Section 517.06 | Cemetery Plat.
Section 517.07 | Sale of Cemetery Lots.
Section 517.071 | Rules Governing Product of Fetal Death.
Section 517.072 | Reinterment or Disinterment of Product of Fetal Death.
Section 517.073 | Authority for Reentry for Unused Lots or Rights.
Section 517.08 | Expenditure of Proceeds - Exception.
Section 517.09 | No Levy on Lots.
Section 517.10 | Title to Certain Burial Grounds Vested in Board of Township Trustees.
Section 517.11 | Care of Cemetery.
Section 517.12 | Regulating Hours of Access to Cemeteries.
Section 517.13 | Additions to Cemetery Grounds.
Section 517.14 | Public Cemetery on Township Lines - Joint Township Cemetery.
Section 517.15 | Cemetery Endowment Fund.
Section 517.19 | Tax Levy for Buildings Upon Grounds of Cemetery - Bond Issue.
Section 517.20 | Appointment of Directors of Township Cemetery.
Section 517.21 | Abandonment or Discontinuance of Cemetery - Removal of Bodies and Stones.
Section 517.22 | Public Sale of Cemetery.
Section 517.23 | Disinterment of Body Buried in Cemetery.
Section 517.24 | Form of Application for Disinterment.
Section 517.25 | Writ of Mandamus.
Section 517.26 | Removal of Dead.
Section 517.27 | Transfer of Cemeteries to Board of Township Trustees.
Section 517.271 | Transfer of Cemetery Ownership Rights to Most Recent Owner.
Section 517.28 | Abandonment of Cemetery Owned by Municipal Corporation.
Section 517.29 | Neglect of Order by Municipal Corporation Shall Cause Execution Sale.
Section 517.30 | Trustees May Erect Monument Commemorating Members of Armed Forces.