|
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7316
Introduced 7/21/2004, by Rep. Jim Watson SYNOPSIS AS INTRODUCED:
|
|
765 ILCS 835/9 |
from Ch. 21, par. 21.2 |
|
Amends the Cemetery Protection Act. Provides that a cemetery lot or a mausoleum crypt (instead of just a cemetery lot) may be presumed abandoned if the listed circumstances exist. Effective immediately.
|
| |
|
|
|
|
A BILL FOR
|
|
|
|
|
HB7316 |
|
LRB093 22956 LCB 52837 b |
|
|
| 1 |
| AN ACT concerning cemeteries.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The Cemetery Protection Act is amended by |
| 5 |
| changing Section 9 as follows:
|
| 6 |
| (765 ILCS 835/9) (from Ch. 21, par. 21.2)
|
| 7 |
| Sec. 9. When there is no memorial, monument, or marker |
| 8 |
| installed on a
cemetery lot or mausoleum crypt; no interment in |
| 9 |
| a cemetery lot or mausoleum crypt; no transfer or assignment of |
| 10 |
| a
cemetery lot or mausoleum crypt on the cemetery authority |
| 11 |
| records; no contact by an owner recorded
in the cemetery |
| 12 |
| authority records; publication has been made in a local
|
| 13 |
| newspaper and no
response was received; and 60 years have |
| 14 |
| passed since the cemetery lot or mausoleum crypt was
sold,
|
| 15 |
| there is a presumption that the cemetery lot or mausoleum crypt |
| 16 |
| has been abandoned.
Alternatively, where there is an obligation |
| 17 |
| to pay a cemetery authority,
annually
or periodically, |
| 18 |
| maintenance or care charges on a cemetery lot or mausoleum |
| 19 |
| crypt, or part
thereof, and the owner of or claimant to a right |
| 20 |
| or easement for burial in
such cemetery lot or mausoleum crypt, |
| 21 |
| or part thereof, has failed to pay the required annual
or |
| 22 |
| periodic maintenance or care charges for a period of 30 years |
| 23 |
| or more,
such continuous failure to do so creates and |
| 24 |
| establishes a presumption that
the cemetery lot or mausoleum |
| 25 |
| crypt, or part thereof, has been abandoned.
|
| 26 |
| Upon a court's determination of abandonment, the ownership |
| 27 |
| of a right or
easement for burial in a
cemetery lot or |
| 28 |
| mausoleum crypt, or part thereof, shall be subject to sale in |
| 29 |
| the manner
hereinafter provided.
|
| 30 |
| (Source: P.A. 92-419, eff. 1-1-02.)
|
| 31 |
| Section 99. Effective date. This Act takes effect upon |
| 32 |
| becoming law.
|
Translate
