214.035. Conveyance of cemetery property to political subdivision, when--notice of transfer. - Missouri Statutes

Conveyance of cemetery property to political subdivision, when--noticeof transfer.

214.035. 1. For purposes of this section, the term "lot owner" meansthe purchaser of the cemetery lot or such purchaser's heirs, administrators,trustees, legatees, devisees, or assigns.

2. Whenever a county, city, town or village has acquired real estate forthe purpose of maintaining a cemetery or has acquired a cemetery from acemetery association, and such county, city, town or village or itspredecessor in title has conveyed any platted lot or designated piece ofground within the area of such cemetery, and the governing body of suchcounty, city, town or village is the governing body of such cemetery pursuantto section 214.010, the title to any conveyed platted lots or designatedpieces of ground, other than ground in which dead human remains are actuallyburied and all ground within two feet thereof, may be revested in the county,city, town or village in the following manner and subject to the followingconditions:

(1) No interment shall have been made in the lot and the title to suchlot shall have been vested in the present owner for a period of at least fiftyyears prior to the commencement of any proceedings pursuant to this section;

(2) If the lot owner of any cemetery lot is a resident of the countywhere the cemetery is located, the governing body shall cause to be servedupon such lot owner a notice that proceedings have been initiated to revestthe title of such lot in the county, city, town or village and that such lotowner may within the time provided by the notice file with the clerk or otherofficer performing the duties of clerk of such county, city, town or village,as applicable, a statement in writing explaining how rights in the cemeterylot were acquired and such person's desire to claim such rights in the lot.The notice shall be served in the manner provided for service of summons in acivil case and shall provide a period of not less than thirty days in whichthe statement can be filed. If the governing body ascertains that thestatement filed by the lot owner is correct and the statement contains a claimasserting the rights of the lot owner in the lot, all proceedings by thegoverning body to revest title of the lot in the county, city, town or villageshall be null and void and such proceedings shall be summarily terminated bythe governing body as to the lots identified in the statement;

(3) If it is determined by the return of the sheriff of the county inwhich the cemetery is located that the lot owner is not a resident of thecounty and cannot be found in the county, the governing body may cause thenotice required by subdivision (2) of this subsection to be published onceeach week for two consecutive weeks in a newspaper of general circulationwithin the county, city, town or village. Such notice shall contain a generaldescription of the title revestment proceedings to be undertaken by thegoverning body pursuant to this section, lot numbers and descriptions and lotowners' names. In addition, the notice shall notify the lot owner that suchlot owner may, within the time provided, file with the clerk or other officerperforming the duties of a clerk a statement setting forth how such lot owneracquired rights in the cemetery lot and that such lot owner desires to assertsuch rights. If the governing body ascertains that the statement filed by thelot owner is correct and the statement contains a claim asserting the rightsof the lot owner in the lot, all proceedings by the governing body to revesttitle to the lot in the county, city, town or village shall be null and voidand such proceedings shall be summarily terminated by the governing body as tothe lots identified in the statement;

(4) All notices, with proofs of service, mailing and publication of suchnotices, and all ordinances or other resolutions adopted by the governing bodyrelative to these revestment proceedings shall be made a part of the recordsof such governing body;

(5) Upon expiration of the period of time allowed for the filing ofstatements by lot owners as contained in the notice served personally, by mailor published, all parties who fail to file with the clerk, or other officerperforming the duties of clerk in such county, city, town or village, theirstatement asserting their rights in the cemetery lots shall be deemed to haveabandoned their rights and claims in the lot, and the governing body may bringan action in the circuit court of the county in which the cemetery is locatedagainst all lot owners in default, joining as many parties so in default as itmay desire in one action, to have the rights of the parties in such lots orparcels terminated and the property restored to the governing body of suchcemetery free of any right, title or interest of all such defaulting partiesor their heirs, administrators, trustees, legatees, devisees or assigns. Suchaction in all other respects shall be brought and determined in the samemanner as ordinary actions to determine title to real estate;

(6) In all such cases the fact that the grantee, holder or lot owner hasnot, for a term of more than fifty successive years, had occasion to make aninterment in the cemetery lot and the fact that such grantee, holder or lotowner did not upon notification assert a claim in such lot, pursuant to thissection, shall be prima facie evidence that the party has abandoned any rightssuch party may have had in such lot;

(7) A certified copy of the judgments in such actions quieting title maybe filed in the office of the recorder of deeds in and for the county in whichthe cemetery is situated;

(8) All notices and all proceedings pursuant to this section shalldistinctly describe the portion of such cemetery lot unused for burialpurposes and the county, city, town or village shall leave sufficient ingressto, and egress from, any grave upon the lot, either by duly dedicated streetsor alleys in the cemetery, or by leaving sufficient amounts of the unusedportions of the cemetery for such purposes;

(9) This section shall not apply to any lot in any cemetery where aperpetual care contract has been entered into between such cemetery, thecounty, city, town or village and the owner of such lot;

(10) Compliance with the terms of this section shall * fully revest thecounty, city, town or village with, and divest the lot owner of record of, thetitle to such portions of such cemetery lot unused for burial purposes asthough the lot had never been conveyed to any person, and such county, city,town or village shall have, hold and enjoy such unclaimed portions of suchlots for its own uses and purposes, subject to the laws of this state, and tothe charter, ordinances and rules of such cemetery and the county, city, townor village.

(L. 2001 H.B. 408)

*Word "as" appears in original rolls.