Bill > HB1387

This bill allows cemetery operators to reclaim and resell burial spaces that have remained unused for at least 100 years and have no improvements, such as monuments, provided certain conditions are met. If records are damaged or lost, operators can proceed if they reasonably believe the space has been unused for that duration, and they must use industry-accepted methods to check for human remains before terminating rights. New contracts for burial spaces will need to include a notice about this potential termination. Before terminating rights, operators must advertise in a local newspaper and on their website (if applicable) to try and locate the owner, and if no response is received within 60 days of the advertisement or a subsequent certified letter, the rights can be terminated. Owners can prevent termination by indicating their continued intent to use the space or request the cemetery to repurchase it for the original price. For cemeteries owned by a "unit" (a local government entity), any money from reselling these reclaimed spaces must be used solely for the cemetery's maintenance and improvement.