South Dakota Codified Laws
Chapter 29 - Cemetery Corporations
Section 47-29-22 - Authorization to establish perpetual fund--Donations--Election of trustees--Bond and accounting of trustees.

47-29-22. Authorization to establish perpetual fund--Donations--Election of trustees--Bond and accounting of trustees.
A cemetery corporation also has power:
(1)To establish a perpetual fund to be used in purchasing and maintaining mowing equipment, hiring maintenance staff, caring for, ornamenting, beautifying, and improving its grounds;
(2)To receive donations, devises, and legacies for such purpose; and
(3)To elect three trustees to care for and invest such trust fund in such manner and under such restrictions and for such term or terms as may be prescribed by its articles of incorporation or bylaws.
The directors of any such corporation have power to require bonds from such trustees, from time to time, conditioned for the faithful discharge of their duties in such amounts as such board may deem necessary for the safety and proper security of such fund; and such trustees shall account at least once each year for all income arising from such perpetual fund and to make a full and detailed report of the condition of the fund if required by the board of directors.

Source: SDC 1939, §11.1909; SL 2012, ch 225, §1; SL 2013, ch 232, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 47 - Corporations

Chapter 29 - Cemetery Corporations

Section 47-29-1 - Cemetery corporations authorized--Nonprofit corporation law as applicable.

Section 47-29-2 - Permissible bylaw provisions--General management--Conformity with other corporation law.

Section 47-29-3 - Cemetery lot owners as members of corporation--Vote--Jointly owned lots--Proxy voting.

Section 47-29-4 - Quorum of members--Proxies counted.

Section 47-29-5 - Notice of election of directors--Publication of notice--Time of publication--Notice of other meetings.

Section 47-29-6 - Directors required to be members.

Section 47-29-7 - Grounds previously used for burial--Lot owners as members of corporation.

Section 47-29-8 - Transfer of lot to individual owner for burial--Succession to ownership of lot--Joint owners.

Section 47-29-9 - Failure to inter or care for lot or mausoleum--Resale of lot--Transfer of mausoleum to municipality--Notice required.

Section 47-29-10 - Other laws applicable to nonperpetual care cemeteries.

Section 47-29-11 - Power of corporation to hold real estate--Maximum holdings--Platting and sale of lots.

Section 47-29-12 - Additional holdings of real property--Sale of additional holdings.

Section 47-29-13 - Surveying and platting of cemetery grounds--Recordation--Lot numbering.

Section 47-29-14 - Sale of unplatted and unused ground.

Section 47-29-15 - Sale of platted but unused, unsold and unneeded ground--Determination by governing body of corporation--Confirmation.

Section 47-29-16 - Circuit court petition for confirmation--Contents of petition--Hearing--Notice of hearing--Method of notice--Including multiple tracts in petition.

Section 47-29-17 - Order granting or denying petition--Order as conclusive absent appeal.

Section 47-29-18 - Judgment as vacating plat or survey--Replatting.

Section 47-29-19 - Extension of cemetery boundaries--Purchase of lands--Condemnation of lands--Condemnation laws applicable.

Section 47-29-20 - Improvements on cemetery lands--Prohibited uses.

Section 47-29-21 - Authorization to hold personal property.

Section 47-29-22 - Authorization to establish perpetual fund--Donations--Election of trustees--Bond and accounting of trustees.

Section 47-29-23 - Distribution of proceeds from sale of cemetery lots--Use in care of cemetery--Expenses--Profit prohibited.

Section 47-29-24 - Percentage of proceeds used to pay debts.

Section 47-29-25 - Cemetery property as exempt from taxation and local assessments--Appropriation for state highway purposes of unused lands.

Section 47-29-26 - Validation of previous cemetery lot deeds.