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
Chapter 29 - Cemetery Corporations
Section 47-29-1 - Cemetery corporations authorized--Nonprofit corporation law as applicable.
Section 47-29-4 - Quorum of members--Proxies counted.
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 47-29-10 - Other laws applicable to nonperpetual care cemeteries.
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 47-29-17 - Order granting or denying petition--Order as conclusive absent appeal.
Section 47-29-18 - Judgment as vacating plat or survey--Replatting.
Section 47-29-20 - Improvements on cemetery lands--Prohibited uses.
Section 47-29-21 - Authorization to hold personal property.
Section 47-29-24 - Percentage of proceeds used to pay debts.
Section 47-29-26 - Validation of previous cemetery lot deeds.