Amends TCA Title 4; Title 26; Title 35; Title 46 and Title 62, Chapter 5.
This bill provides that a space of ground in a cemetery used or intended to be used for interment, the beautification of the ground, or the memorialization of a deceased person ("grave space") is considered abandoned, and ownership of the grave space reverts to the individual, partnership, corporation, or association owning or controlling the cemetery lands or property and conducting the business of a cemetery ("cemetery company") where the grave space is located, if the following occurs:<br /> <br /> (1) 75 years pass without the use of the space for interment; or without contact from the recorded owner of the grave space, or an heir or beneficiary of the recorded owner if the recorded owner is deceased;<br /> <br /> (2) The cemetery company conducts a reasonable search for the recorded owner of the grave space, or an heir or beneficiary if the recorded owner is deceased. The reasonable search must include:<br /> <br /> (A) Sending a certified letter of notice to the last known address of the recorded owner of the grave space. However, if no address is available, then this provision does not apply; and<br /> <br /> (B) Publishing a copy of the description of the grave space in a newspaper that publishes in the county of the last known address of the recorded owner of the grave space for three consecutive weeks. However, if no address is available, then the cemetery company must make the publication in the county where the grave space is located; and<br /> <br /> (3) An individual does not provide proof of ownership of the grave space within one year from the first date of the publication required by (2)(B) above.<br /> <br /> COMPENSATION FOR INDIVIDUALS WHO LATER PROVIDE PROOF OF OWNERSHIP<br /> <br /> This bill provides that an individual who provides proof of ownership of a grave space that is deemed abandoned pursuant to this bill and has been used or sold by the cemetery company is entitled to receive a grave space of equivalent value as the grave space that reverted to the cemetery company.<br />
This bill provides that a space of ground in a cemetery used or intended to be used for interment, the beautification of the ground, or the memorialization of a deceased person ("grave space") is considered abandoned, and ownership of the grave space reverts to the individual, partnership, corporation, or association owning or controlling the cemetery lands or property and conducting the business of a cemetery ("cemetery company") where the grave space is located, if the following occurs:<br /> <br /> (1) 75 years pass without the use of the space for interment; or without contact from the recorded owner of the grave space, or an heir or beneficiary of the recorded owner if the recorded owner is deceased;<br /> <br /> (2) The cemetery company conducts a reasonable search for the recorded owner of the grave space, or an heir or beneficiary if the recorded owner is deceased. The reasonable search must include:<br /> <br /> (A) Sending a certified letter of notice to the last known address of the recorded owner of the grave space. However, if no address is available, then this provision does not apply; and<br /> <br /> (B) Publishing a copy of the description of the grave space in a newspaper that publishes in the county of the last known address of the recorded owner of the grave space for three consecutive weeks. However, if no address is available, then the cemetery company must make the publication in the county where the grave space is located; and<br /> <br /> (3) An individual does not provide proof of ownership of the grave space within one year from the first date of the publication required by (2)(B) above.<br /> <br /> COMPENSATION FOR INDIVIDUALS WHO LATER PROVIDE PROOF OF OWNERSHIP<br /> <br /> This bill provides that an individual who provides proof of ownership of a grave space that is deemed abandoned pursuant to this bill and has been used or sold by the cemetery company is entitled to receive a grave space of equivalent value as the grave space that reverted to the cemetery company.<br />
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