805 ILCS 320/ Cemetery Association Act.

(805 ILCS 320/0.01) (from Ch. 21, par. 34.9)

Sec. 0.01. Short title. This Act may be cited as the Cemetery Association Act.

(Source: P.A. 86‑1324.)

(805 ILCS 320/1) (from Ch. 21, par. 35)

Sec. 1. That any six (6) or more persons may organize a Cemetery Association, to be owned, managed and controlled in the manner hereinafter provided.

(Source: Laws 1903, p. 90.)

(805 ILCS 320/2) (from Ch. 21, par. 36)

Sec. 2. Whenever six (6) or more persons shall present to the Secretary of State a petition setting forth that they desire to organize a Cemetery Association under this act, to be located in (here insert the county) and that said Cemetery Association shall be known by the name and style of (here insert the name of the association), that the Secretary of State shall issue to such persons and their successors in trust, articles of organization, which said articles of organization shall be in perpetuity and in trust for the use and benefit of all persons who may acquire burial lots in said cemetery.

(Source: P.A. 96‑66, eff. 1‑1‑10.)

(805 ILCS 320/3) (from Ch. 21, par. 37)

Sec. 3. The persons so receiving the articles of organization shall cause the same to be recorded in the recorder's office of the county in which the cemetery is situated, and when so recorded, the association shall be deemed fully organized as a body corporate under the name adopted, and in its corporate name may sue and be sued. Whenever two‑thirds of the trustees shall approve a resolution to change the name of a cemetery association, a copy of such resolution and approval thereof duly certified by the President and Secretary of the association shall be filed in the office of the State Comptroller, and upon approval thereof shall be filed in the office of the Secretary of State. Whenever two‑thirds of the trustees of a cemetery association approve a resolution to dissolve such corporation a copy of such resolution and approval of the trustees duly certified by the President and Secretary shall be submitted to the Comptroller, and if approved by him a copy of such resolution and approval of the Comptroller shall be duly filed by him in the office of the Secretary of State. Where the association has "care funds" within the meaning of the "Cemetery Care Act", approved July 21, 1947, as amended, the Comptroller shall not approve the dissolution of any Cemetery Association unless proper disposition has been made of such care funds, as provided by law, and in accordance with the Cemetery Care Act. Upon the filing of the resolution of either change of name or dissolution of such cemetery association in the office of the Secretary of State such change of name or dissolution of such cemetery association shall be complete. The Comptroller shall so notify the trustees of such cemetery association. Thereupon the trustees shall cause a copy of such resolution of either change of name or dissolution to be recorded in the recorder's office of the county where the cemetery is situated.

(Source: P.A. 96‑66, eff. 1‑1‑10.)

(805 ILCS 320/4) (from Ch. 21, par. 38)

Sec. 4. That said persons so receiving said certificate of organization of said association shall proceed to elect from their own number a board of trustees for said association, which said board shall consist of not less than six (6) nor more than ten (10) members, as said persons so receiving said certificate may determine; that said trustees when elected shall immediately organize by electing from their own membership a president, vice president and treasurer, and shall also elect a secretary, who may or may not be a member of said board of trustees, in their discretion, which said officers shall hold their respective offices for and during the period of one (1) year, and until their successors are duly elected and qualified. Said trustees when so elected shall divide themselves by lot into two classes, the first of which shall hold their offices for and during the period of three (3) years, and the second of which shall hold their offices for and during the period of six (6) years, and that thereafter the term of office of said trustees shall be six (6) years, and that upon the expiration of the term of office of any of said trustees, or in case of the resignation or death or removal from the State of Illinois of any of said trustees, or their removal from office as provided in this act, the remaining trustees, or a majority of them, shall notify the presiding officer of the County Board in which said cemetery is situated, of such vacancy or vacancies in writing and thereupon said presiding officer shall appoint some suitable person or persons to fill such vacancy or vacancies; and that thereafter the presiding officer of the county board in which said cemetery association is located shall always appoint some suitable person or persons as trustees: Provided, however, that in making such appointments the said presiding officer of the County Board shall so exercise his power that at least two‑thirds (2‑3) of said trustees shall be selected from suitable persons residing within fifteen (15) miles of said cemetery, or some part thereof, and the other appointees may be suitable persons interested in said cemetery association through family interments or otherwise who are citizens of the State of Illinois.

(Source: P.A. 80‑585.)

(805 ILCS 320/5) (from Ch. 21, par. 39)

Sec. 5. Any cemetery association, when so organized, shall have the right and the same is expressly given to such association to acquire the necessary amount of land for the use of the cemetery association which said land may be acquired by purchase or by gift and the association is hereby authorized to receive by gift, or legacy any property, either real, personal or mixed, which may be donated to such association and to hold and keep inviolate any such property for the uses of the cemetery association; and any such cemetery association may receive and administer endowments for the care of such cemetery or any part thereof. When the cemetery is a privately operated cemetery, as defined in Section 2 of the Cemetery Care Act, approved July 21, 1947, as amended, then such cemetery association shall also comply with the provisions of the Cemetery Care Act.

(Source: P.A. 83‑388.)

(805 ILCS 320/6) (from Ch. 21, par. 40)

Sec. 6. Said Cemetery Association when so organized may divide and lay out into lots, any real estate which it may acquire, which said lots shall be of suitable size for burial lots, and when any such land is laid out into lots as herein provided, a plat of the same shall be made and recorded in the recorder's office of the county in which said Cemetery Association is located; and said Cemetery Association shall have the right to sell to any person or persons a lot or lots in said cemetery for burial purposes only, and to convey to such person or persons said lot by a proper deed of conveyance, and the person or persons so purchasing said lot or lots shall have the right to use the same for the purposes for which purchased and as limited by the reasonable rules of such cemetery, but no such Cemetery Association shall make or enforce any rule prohibiting the erection of any monument or headstone on any such lot or lots as may be prescribed or provided by the United States or the State of Illinois for a soldier, sailor or marine having served in the army or navy of the United States or the State of Illinois.

(Source: Laws 1927, p. 191.)

(805 ILCS 320/7) (from Ch. 21, par. 41)

Sec. 7. The treasurer of said Cemetery Association shall from time to time loan any money which said association may have and which is not needed for the immediate use of said association, taking proper security therefor, and which said loan and the security for the same shall, before the same becomes effective, be approved by said Board of Trustees of said Cemetery Association.

(Source: Laws 1903, p. 90.)

(805 ILCS 320/8) (from Ch. 21, par. 42)

Sec. 8. No officer or trustee of said Cemetery Association shall receive any compensation of any kind for any services rendered by him in behalf of said association, except the secretary of said association, who may receive such salary as may be fixed by the Board of Trustees.

(Source: Laws 1903, p. 90.)

(805 ILCS 320/9) (from Ch. 21, par. 43)

Sec. 9. No dividends shall be declared or paid to any officer or other person from the funds of said Cemetery Association, but the same shall be kept inviolate and to be used only for purposes of said association and the care, preservation and ornamentation of said cemetery.

(Source: Laws 1903, p. 90.)

(805 ILCS 320/10) (from Ch. 21, par. 44)

Sec. 10.

The board of trustees shall annually prepare and file with the State Comptroller the report required to be filed by a licensee under Section 12 of the "Cemetery Care Act", approved July 21, 1947, as now or hereafter amended. The Comptroller shall examine such report to determine whether the association has fully complied with the requirements of the "Cemetery Care Act", approved July 21, 1947, as now or hereafter amended.

(Source: P. A. 78‑592.)

(805 ILCS 320/10.1) (from Ch. 21, par. 44.1)

Sec. 10.1. The cost of examining the reports required by Section 10 of this Act shall be borne by the cemetery association. The charge made by the Comptroller for examining the reports required by Section 10 of this Act shall be based upon the amount of the total resources of the cemetery association as of the date of the report and shall be in accordance with the following schedule:

less than $50,000...............................no charge;

$50,000 or more but less than $100,000................$20;

$100,000 or more but less than $250,000...............$40;

$250,000 or more......................................$50.

(Source: P. A. 78‑592.)

(805 ILCS 320/11) (from Ch. 21, par. 45)

Sec. 11. For misconduct in office any of said trustees of said cemetery association may be removed from office by a court of competent jurisdiction, and any trustee of such an association who shall convert any funds of such association to his own use, or to a use other than that intended, shall be guilty of embezzlement and punished accordingly.

(Source: Laws 1955, p. 671.)

(805 ILCS 320/12) (from Ch. 21, par. 46)

Sec. 12.

The Board of Trustees of the cemetery association may make any and all rules and regulations for the management of the association not inconsistent with this Act. The trustees shall give bond to the Comptroller under the Cemetery Care Act, as amended, and shall not be required to give any other bond.

(Source: P. A. 78‑592.)

(805 ILCS 320/13) (from Ch. 21, par. 47)

Sec. 13. Any Cemetery Association existing at the time of the passage of this act, or which may hereafter be organized, may, if it shall so desire, convey to any Cemetery Association organized under this act, the property of said association by a proper deed of conveyance, and thereafter said cemetery shall be under the control, management and ownership of the association organized under this act, to which such transfer is made.

(Source: Laws 1903, p. 90.)

(805 ILCS 320/13a) (from Ch. 21, par. 48)

Sec. 13a. Any cemetery association organized under this Act may convey any property which it may hold within a city, village, incorporated town, county not under township organization, or town, to the city, village, incorporated town, county or town within which this property is located, and may convey any property which it may hold within one mile of any city, village or incorporated town to such city, village or incorporated town; and if the city, village, incorporated town, county or town accepts the conveyance such property shall thereafter be under the control, management, maintenance and ownership of the city, village, incorporated town, county or town.

(Source: Laws 1945, p. 384.)

(805 ILCS 320/13b) (from Ch. 21, par. 48a)

Sec. 13b. Any cemetery association organized under this Act is authorized to obtain a grant or grants of Federal funds from the United States Government, or from any proper agency thereof, for the construction of a memorial gateway and entrance on property of such cemetery association which is maintained as a national cemetery. Any cemetery association organized under this act is authorized to convey in fee simple to the United States Government, or to any proper agency thereof, such portion of property of such cemetery as is now or may hereafter be maintained as a national cemetery.

(Source: Laws 1940, 1st SS., p. 4.)

(805 ILCS 320/14) (from Ch. 21, par. 49)

Sec. 14. The property, both real and personal, of any association organized under this act, shall be forever exempt from taxation for any and all purposes.

(Source: Laws 1903, p. 90.)

(805 ILCS 320/15) (from Ch. 21, par. 50)

Sec. 15. That such cemetery association, when duly organized, shall be public corporations, for the purpose of burial ground and cemetery business only.

(Source: Laws 1905, p. 84.)

(805 ILCS 320/16) (from Ch. 21, par. 51)

Sec. 16. That such cemetery association heretofore organized or that may hereafter be organized for cemetery purposes, which shall have acquired or may hereafter acquire land by purchase, deed, will, or otherwise, and shall have platted, mapped, and used said land for cemetery purposes, may, when necessary, acquire additional land adjoining and abutting on such cemetery by condemnation proceedings, as hereinafter provided; Provided, however, that no such land sought to be condemned shall be or lie within the corporate limits of any city or village.

(Source: Laws 1905, p. 84.)

(805 ILCS 320/16.5)

Sec. 16.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.

(Source: P.A. 94‑1055, eff. 1‑1‑07.)

(805 ILCS 320/17) (from Ch. 21, par. 52)

Sec. 17. The cemetery association seeking to condemn land abutting and adjoining the cemetery shall first cause to be filed in the office of the circuit court clerk of the county where such land is situate a petition to the court, verified by affidavit, for leave to begin condemnation proceedings against such land sought to be condemned. The petition shall contain a description of the cemetery, its location, as already established and in use, a statement of the number of lots sold, and the number yet unsold, a description of the land sought to be acquired by condemnation, its location with regard to dwelling houses in the vicinity and state the reasons for filing the petition; and asking for condemnation proceedings.

(Source: Laws 1965, p. 596.)

(805 ILCS 320/18) (from Ch. 21, par. 53)

Sec. 18. The cemetery association by its agent or attorney shall upon filing such petition, cause a notice in writing to be served upon the owner or owners of such land sought to be condemned for cemetery purposes, if such owners are residents of this state. Such notice shall name a day at least ten days after the service of notice when such petition will be heard. It shall also state the court before whom the case shall be heard; the description of the ground sought to be condemned, and the object for which it is to be used. In case such owner or owners cannot be found or are non residents of the State, notice may be had by publication in some newspaper of general circulation in the county, once each week, for four successive weeks, or in case no such paper is published in said county, then by posting four notices in four of the most public places in said county, at least four weeks prior to the day of hearing of said petition.

(Source: Laws 1905, p. 84.)

(805 ILCS 320/19) (from Ch. 21, par. 54)

Sec. 19. The owner or owners of the land sought to be condemned under this act shall, if they see fit, file with the clerk of such court, on or before the day designated in the notice, objections to such proceedings to condemn such land verified by affidavit, and in case the objections so verified are filed within the time specified in the notice, the same shall be considered by the court in connection with the granting or refusal of prayer of the petition.

(Source: Laws 1965, p. 596.)

(805 ILCS 320/20) (from Ch. 21, par. 55)

Sec. 20. The judge shall examine the petition and affidavits as soon as is convenient. If he finds the petition should not be granted he shall mark it "not approved" and deny the right to file proceedings for condemnation. If he finds that the best interest of all concerned will be served by granting the petition, he shall mark the petition "approved" and by order of record direct the petitioner to file its petition not less than 10 nor more than 60 days from the date of approval. Upon the issue of the court order the petitioner shall begin proceedings for condemnation within the dates prescribed by the judge, and the proceedings shall be had as provided by statute.

(Source: P.A. 76‑1406.)